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ARTICLE · 09 DECEMBER 2012

The potential traps of joint procurements - don't get caught!

Well-intentioned bargaining must not place government entities at risk of contravening any CCA competition provisions.

AustraliaGovernment, Public Sector

The potential traps of joint procurements - don't get caught!

Before proceeding with any joint procurement, multiple government entities must carefully consider their proposed method and approach to procuring the goods or services.

Governments at all levels are requiring departments, statutory authorities and agencies, government owned corporations or local governments to curb their budgets by reducing expenditure and by making significant cost savings. This can raise key commercial challenges for government entities, particularly when they are engaging in significant procurement exercises.

There may be opportunities for different government entities (being separate legal entities) to make significant savings by jointly procuring goods or services. However, caution must be exercised and the entities need to be alive to the potential competition law implications of pursuing this course. It is clear that the competition provisions of the Competition and Consumer

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