Publishing details of procurement undertaken (Direction 5.2)
Effective date: 1 July 2018
Transparency in public procurement is an element of the probity procurement principle.
Of particular relevance to this Direction are the following construction procurement principles:
- conducting Public Construction Procurement in an open and transparent manner ensuring defensibility of processes;
- ensuring appropriate competition and contestability when undertaking Public Construction Procurement;
- encouraging appropriate innovation and responsiveness in the supplier market;
- undertaking Public Construction Procurement in accordance with the relevant legislation, policy, guidance and any mandatory requirements in these Directions.
5.2 Publishing the details of procurements undertaken
(a) Agencies must publish the outcome of each tender process to engage a supplier to perform Works or Construction Services, along with key details of the tender process and engagement in accordance with the Instructions.
(b) In addition to complying with Instruction 5.2.1, Agencies that must comply with Financial Reporting Directive 12B must publish contracts for Works or Construction Services under that Directive.
Publishing details of procurement undertaken (Instruction 5.2)
Effective date: 1 July 2018
5.2.1 Disclose details of contracts
Within 60 days after the award of a contract, Agencies must publish on the website or system nominated by the Secretary:
(a) the key details of contracts for Works or Construction Services with a total estimated value equal to or exceeding $100,000 (inclusive of GST) whether procured through an open tender, Selective Tender or Limited Tender; and
(b) full contract information for contracts for Works or Construction Services with an estimated value exceeding $10 million (inclusive of GST) under Financial Reporting Directive 12B.
5.2.2 Contracts subject to disclosure
Disclosure relates to all contracts for Works or Construction Services valued above the foregoing amounts, including:
(a) agreements for procurements of Works or Construction Services;
(b) head agreements such as standing offer arrangements or agreements establishing a Supplier Panel;
(c) agreements entered into under head agreements such as engagements under standing offer arrangements or a Supplier Panel to perform Works or Construction Services;
(d) agreements entered into with suppliers from a Register; and
(e) agreements to vary any of the foregoing.
Disclosure is not required where the contract was awarded following a Limited Tender process conducted due to the existence of the Special Circumstances set out in Instruction 3.2.2 'for protection of essential security interests’.
Disclose contract information in the manner described in Attachment 1 to Instruction 5.2.
Tools resources and assistance
Publishing details of procurement undertaken (Direction and Instruction 5.2) are supported by non-mandatory guidance Publishing details of procurement undertaken (Guidance 5.2).
The Practitioners Toolkit includes key documents, guidance and information relating to the Ministerial Directions and Instructions.
For further information about the Ministerial Directions and Instruction for public construction procurement, please contact the Construction Policy Team.