This Appendix is part of the WA Procurement Rules (Procurement Direction 2021/02) that apply to all State agencies, as defined in the Procurement Act 2020
The Rules replace the State Supply Commission’s policies and apply to all types of procurement including goods, services and works. The WA Social Procurement Framework supports value for money factors in the Rules.
Excluded Covered Procurement
The Covered Procurement rules do not apply to:
- procurement relating to the goods or services of handicapped persons, of philanthropic or not for profit institutions (including Procurements of Community Services under the Delivering Community Services in Partnership Policy), or of prison labour;
- the acquisition or leasing of land, existing buildings or other immovable property or the rights thereon;
- a government agency procuring goods or services from other Commonwealth, State, Territory or local government entities and provision of goods or services by or between Commonwealth, State, Territory or local government entities;
- purchases funded by international grants, loans or other assistance, where the provision of such assistance is subject to conditions inconsistent with the free trade agreements;
- non-contractual agreements or any form of assistance, including loans, equity infusions, fiscal incentives, subsidies, guarantees, cooperative agreements and sponsorship arrangements;
- purchases funded by grants and sponsorship payments from persons not listed in Annex 15-A of the ACIFTA, or Annex 13-A of the AHKFTA, or Annex 15-A of the AUSFTA, or Annex 15-A of the CPTPP, or Annex 13 of the JAEPA, or Annex 12-A of the KAFTA, or Annex 14-A of the PAFTA, or Annex 3A of the SAFTA, or Annexes 1, 2 or 3 of the WTOGPA;;
- procurement for the direct purpose of providing international assistance (including development aid);
- procurement of research and development services, but not the procurement of inputs to research and development undertaken by a government agency;
- engagement of an expert or neutral person, including engaging counsel or barristers, for any current or anticipated litigation or dispute;
- procurement of goods or services, including construction, outside Australian territory, for consumption outside Australian territory;
- procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution services of public debt;
- procurement of plasma fractionation services; and
- procurement of government advertising services.
Excluded procurements are still required to be undertaken in accordance with the Western Australian Procurement Rules and other government procurement-connected policies.
Note – Excluded Measures or Practices
The relevant Government Procurement chapters of the Free Trade Agreements do not prevent State agencies from adopting or maintaining measures:
- necessary to protect public morals, order or safety;
- necessary to protect human, animal or plant life or health (including environmental measures necessary for that purpose);
- necessary to protect intellectual property;
provided the measure is not applied as a form of arbitrary or unjustified discrimination against an FTA party or a disguised restriction on international trade.
The following measures are also exempted:
- measures to protect essential security interests;
- any form of preference to benefit small and medium enterprises;
- measures to protect national treasures of artistic, historic, or archaeological value;
- measures for the health and welfare of indigenous people; and
- measures for the economic and social advancement of indigenous people.
Covered State agencies seeking to undertake a procurement or adopt a practice or measure connected with one or more of these objectives may wish to seek advice from the Department of Finance before doing so.
