Exemptions from mandatory procurement requirements

Exemptions from some mandatory requirements contained in the Treasurer's Instructions, such as the requirements to use prequalified contractors or whole-of-government common use contracts, may, in appropriate circumstances, be granted by the Secretary of the Department of Treasury and Finance.

Specific exemptions that may be granted by the Secretary of Treasury are exemptions from the requirement:

  • to use whole-of-government common use contracts (Treasurer's Instruction 1112);
  • to select vehicles that comply with the mandated minimum Greenhouse Ratings; (Treasurer's Instruction 1112)
  • to use prequalified consultants or contractors (Treasurer's Instructions 1207 and 1216);
  • for Crown Law to source external legal services for an agency through a quotation or selective tender process (Treasurer's Instruction 1118 and 1224); and
  • to dispose motor vehicles managed by the Government Fleet Manager through the Government Fleet Manager;  and (Treasurer's Instruction 1301).

The Secretary of Treasury is also able to approve class exemptions from the requirement to:

  •  prepare and submit a pre-procurement industry consultation report pursuant  to Treasurer's Instructions 1116 and 1218; and
  • disaggregate all substantial building and construction/roads and bridges procurement opportunities pursuant to Treasurer's Instruction 1225.

Some other mandatory requirements are able to be waived following approval by a Head of Agency. These include approval:

  • for the inclusion of confidentiality provisions in a contract, refer to the information on the Confidentiality Policy;
  • for direct selection or limited submission procurement pursuant to Treasurer's Instructions 1114 or 1217, refer to the information on Direct/Limited Submission Sourcing‚Äč; and
  • of extensions of contracts pursuant to Treasurer's Instruction 1115(2), refer to the information in Reviewing the Contract.

The information on this  page deals with approvals by the Secretary of Treasury.

How to Obtain an Exemption

Prepare and forward a memorandum to the Secretary of the Department of Treasury and Finance detailing the requirement and the reasons that an exemption from the normal processes is required, attaching any supporting documentation. Ensure that the request covers off on any specific issues or information required by the relevant Treasurer's Instruction.

For urgent requests, email a soft copy of the memorandum requesting an exemption to purchasing@treasury.tas.gov.au.

Exemptions will only be granted in exceptional circumstances, where justification of the request is provided. Exemptions in relation to industry consultation will only be approved on a class basis (ie not an individual procurement basis).

Retrospective exemptions will not be granted.

Note: Any contract that results from an exemption granted by Treasury and the method by which the procurement occurred (in this case, an exemption) is required to be reported by the agency in accordance with the usual requirements.

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