Is a third party (consultant /contractor) engaged by the Commonwealth required to apply the CPGs when procuring on behalf of the Commonwealth?
Generally, the CPGs do not apply to third parties unless they are engaged to undertake procurement on behalf of the contracting agency, or unless it is spelt out in their contract that the CPGs apply (and the extent to which they apply). The third party would then be acting as an official and would be required to have regard to the CPGs when performing duties related to procurement. It is up to individual agencies to decide, in the context of each procurement, whether it is appropriate to include a clause in the contract requiring third parties to comply with certain requirements of the CPGs. Where a third party is required to abide by provisions in the CPGs, it is up to the contracting agency to ensure that they do so. Agencies should be aware that third parties do not have the ability to publish items on AusTender and should put in place processes whereby the third party can liaise with them to have items published on AusTender if required. Third parties are required to comply with r