Clause 4
New categories exempted from the Act
Amends section 7 to exempt procurement involving energy, national security, public-private partnerships for public housing, emergency water, electricity and power-generation works, other emergency procurement, and any further procurement the Minister may determine by Order. It defines an emergency to include an immediate risk to business continuity, as well as life, property, equipment, public health, welfare or safety.
Clause 5
Limits on the Regulator's powers after an investigation
Provides that the Office may not suspend or restrain procurement proceedings, prohibit a public body from acting, require reconsideration or reversal, direct re-evaluation or termination, or interfere with a contract award. Its recommendations would be advisory and non-binding.
Clause 6
Possible legal costs against an unsuccessful challenger
Would permit the Office, in challenge proceedings, to require a supplier or contractor to compensate a successful procuring entity for legal costs under the prescribed Civil Proceedings Rules costs regime.
Clause 7
Procurement outside the Act up to new thresholds
Would allow a Permanent Secretary or the accounting officer of a State-controlled enterprise or statutory body to approve procurement up to $2 million, and a municipal corporation's Chief Executive Officer to approve procurement up to $500,000, without reference to the Act's procurement requirements.
Clause 9
Shorter standstill period
Would reduce the prescribed standstill period from not fewer than ten and not more than fifteen working days to not fewer than five and not more than ten working days.
Clause 10
Simplified Procurement Regulations revoked
Would revoke the Public Procurement and Disposal of Public Property (Simplified Procurement) Regulations, 2024. Clause 7 would replace their framework with statutory exemptions up to the new financial thresholds and post-award reporting to the Office.
Clause descriptions are drawn from the explanatory note published with the document. The full text of every clause is in the document alongside.