Our procurement activities promote improved procurement practices to better project outcomes. We focus on tender arrangements, risk allocation, contract models and terms as well as liability reform.
A campaign for governments to adopt a model client policy, to promote greater standardisation of contracts, and to improve tendering arrangements.
Read our Model Client Policy.
Industry stakeholders agree that better procurement practice will unlock innovation. By focussing on best practice, we can achieve better outcomes
Read our Innovation in Infrastructure report.
A campaign to tackle unfair contract terms and increase collaborative contracting. We advocate for improvements to the Australian Consumer Law Unfair Contract Terms Protections including application to government contracts.
Read our Submission - Unfair Contract Term Protections (March 2020)
Members are encouraged to have a look at the new range of Briefing Notes relevant to contracts. In September, we published notes on:
Member Briefing Notes are for members to use within their businesses to increase understanding of the relevant topic. Client Briefing Notes are for members to share with their clients as a knowledge-sharing tool.
Would like other contract issues covered? Let Kristy know!
See our submission for the Federal Treasury's
consultation on the 2020-21 Budget. We emphasis the importance of
infrastructure and built environment for Australia's COVID-19 economic
recovery. Our procurement recommendations include continued funding for the National Centre of Procurement Excellence, and the adoption of our Model Client Policy.
See our submission on the WA Debarment Regime proposed by WA Treasury, as part of its broader procurement reform agenda. The regime would give the government the power to debar suppliers for between two and five years. This is a novel approach for Australia – no other state or territory has introduced such a scheme. We raised concerns about suspension during an investigation and a lack of clarity on review rights. We also raised how potentially the application of the regime to ‘affiliates’ (defined broadly within the proposed regime) might capture the commercial arrangements consultants are part of on major infrastructure projects (such as join ventures and alliances).
See our submission on the Payment Times Reporting Framework released by the Commonwealth Department of Industry, Science, Energy and Resources. We supported the move to ensure small businesses are paid on time - but noted that government clients are among the worst at paying on time. We raised concerns with the proposed enforcement regime and suggested that the framework capture internal policies or use of third parties/apps that could impact on payment times.
See our submission to the Australian Small Business and Family Enterprise Ombudsman’s Supply Chain Financing Review where we raised concerns about extended payments time and the influence of market power. Our small business members have limited experience with supply chain financing/reverse factoring but face significant issues on extended payment times
Our procurement policy and advocacy campaigns are member-driven by our state/territory committees, our Liability & Contracts Roundtable and our Defence Roundtable.
From time to time we need input from the broader Consult Australia membership (see below) to drive our initiatives and engagement.
Tell Kristy about your experience of non-conforming/non-compliant bids. Consult Australia is drawing together member-experience to identify potential improvements to government procurement. What reason have your business been given to justify a finding that your bid was 'non-confirming'/'non-compliant'? Prior to tender, are you given transparency as to the criteria for determining non-conformance?
7 August 2020
For more information about our procurement work, please contact Kristy Eulenstein, National Policy Advisor (Legal & Regulatory), at email@example.com.