A Guide to the new procurement environment covering Defence and other Agencies in New Zealand - New Zealand ...

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A Guide to the new procurement environment covering Defence and other Agencies in New Zealand - New Zealand ...
A Guide to the new procurement
        environment covering Defence and
            other Agencies in New Zealand
                                        OCTOBER 2019

                    “NZDIA is the preeminent body
  representing the commercial interests ofDefence
industry and its individual members.It is industry’s
        main conduit into Defence and vice versa.”
                NZ Government Defence Capability Plan 2019
            1
A Guide to the new procurement environment covering Defence and other Agencies in New Zealand - New Zealand ...
Connecting Industry
with Defence and National
Security agencies for the
benefit of New Zealand

  BENEFITS OF NZDIA MEMBERSHIP
   • Introductions to potential supply chain partners in New
     Zealand and overseas
   • Introductions to defence and national security agencies
     across New Zealand
   • Networking opportunities at all our events
   • Invitation to attend member only events such as the
     annual Defence Executive Lunch with senior Defence
     staff
   • Named membership on the NZDIA member directory
     www.nzdia.co.nz/members
   • Initial onboarding meeting with CEO to identify which
     new connections you want to make to support your
     business development
   • Preferential pricing at all NZDIA events
   • Preferential pricing on all sponsorship opportunities
   • Invitation to attend our regular member meetings,
     generally alternating between Auckland and Wellington,
     2020 will see some regional locations included
   • Representation at International expos such as
     LandForces, CIVSEC, PACIFIC and Avalon and/or
     assistance and networking support for those who attend
     themselves
A Guide to the new procurement environment covering Defence and other Agencies in New Zealand - New Zealand ...
Jennie Vickers
CEO NZDIA

Welcome to this new Guide from NZDIA              bring substantial benefits to industry and
                                                  government and we are here to support
In the New Zealand Government
                                                  both.
Defence Capability Plan published in
July 2019 (DCP) it says in Chapter 9              This introductory guide is designed
‘Working with Industry’: “International           to assist Primes and other businesses
prime companies submitting proposals to           interested in pitching for work with
provide their capabilities outlined in this       New Zealand government agencies, and
capability plan will be required to provide       in particular with MOD and NZDF, to
activity reports setting out the steps they       understand the new PR4 Rules. NZDIA
have taken to identify and use New Zealand        is ready to assist businesses so they
industry to supply goods and services as          have the best chance of success for their
part of their proposal..” (para 260).             business and the New Zealand economy.
This new concept in a New Zealand                 Keep reading to understand the basics,
defence capability plan, reflects the             see the interlinkages between policy and
changes being introduced wef 1 October            delivery and to identify the key sources
2019, to procurement processes agency-            of information.
wide across New Zealand. The new
                                                  As always a very good first step is to
Rules are captured in the Government
                                                  join NZDIA by going to www.nzdia.
Procurement Rules 4th Edition 2019
                                                  co.nz and click on the link Become
(“PR4”).
                                                  a Member. If already a Member we
Even in a small country like New Zealand,         encourage you to engage even more.
public sector procurement exceeds                 NZDIA is the preeminent association in
NZ$41 billion per annum and the                   NZ connecting Defence and industry and
government is committed to increasing             we are working hard to deliver value to
the engagement and opportunities for              our Members and support New Zealand
New Zealand business to be involved               Defence deliver to the Community,
in government procurement. This                   Nation and World.
commitment is recognised as having
the potential to “increase exports and
support NZ economic growth”.                      Regards
                                                  Jennie Vickers
These new requirements present both
                                                  CEO
challenges and opportunities to industry
                                                  NZDIA
from outside and within New Zealand.
                                                  October 2019
NZDIA believes that these changes will

                                              3
A Guide to the new procurement environment covering Defence and other Agencies in New Zealand - New Zealand ...
government procurement rules 4th edition 2019

       Key facts for all suppliers interested in providing
       goods or services into NZ Government Agencies

•   PR4 Rule Changes take effect on 1              agency’s practices must reflect the
    October 2019;                                  Five Principles and the Charter;
•   The amendments to the previous             •   Business should also train their staff
    rules are described as “essential in           to ensure they play their part under
    reforming government procurement               the new rules;
    to support broader social, economic,       •   Each Agency must be able to
    cultural and environmental                     show how it has used sound
    outcomes…”. “Through these Rules,              research to plan an appropriate
    government contracts will now be               approach-to-market strategy that is
    more explicitly leveraged to support           proportionate;
    broader outcomes.“ ”By seeking
                                               •   Expect more detail in Procurement
    continual innovation and requiring
                                                   Plans:
    high standards in the procurement
    process, we are ensuring that those            •   They must:
    who win contracts in New Zealand                   •   contain all known or
    can compete in the international                       anticipated contract
    market.”;                                              opportunities that the Rules
•   Important new definitions in PR4                       apply to (not just those
    including those on the next page;                      driven by the Procurement
                                                           team);
•   Agencies are working through how
    to implement these changes;                        •   be published 6 monthly
                                                           (March/October) including
•   There is a new Supplier Code
                                                           for example, goods and
    of Conduct with a Statement
                                                           services 100k plus, and
    of Government Expectations of
                                                           recurrent contracts due for
    Suppliers;
                                                           renewal;
•   There is a new Government
                                                   •   Do not expect the Procurement
    Procurement Charter (GPR) setting
                                                       Plans to be a fixed commitment
    out Government’s expectations of
                                                       to purchase goods or services;
    how each agency should conduct
    their procurement activity to              •   Read the PR4 in the knowledge
    achieve public value, for example              that the Rules are mandatory for
    appropriate management of risk;                Agencies and where it says must,
    (These expectations follow down                the Rule is compulsory and where
    into relationships between Primes &            it says should, this indicates good
    their own supply chains);                      practice
•   All agency staff engaged                   •   Never been a better time for New
    in procurement (ie not just                    Zealand businesses to also join an
    procurement people) must be                    Australian defence project supply
    trained in the Five Procurement                chain NZTE can help.
    Principles and the Charter and the

                                           4
A Guide to the new procurement environment covering Defence and other Agencies in New Zealand - New Zealand ...
PR4

                  PR4 - New and important definitions

Public Value (Rules 3, 12 and 46):               Zealand (not being a New Zealand
means the best available result for              subsidiary of an off-shore business), is
New Zealand for the money spent. It              majority owned or controlled by New
includes using resources effectively,            Zealanders, and has its principal place
economically and responsibly, and                of business in New Zealand.*
taking into account:
                                                 Broader Outcomes (Rule 16) are
•   the procurement’s contribution to            the secondary benefits which are
    the results you are trying to achieve,       generated due to the way goods,
    including any Broader Outcomes               services or works are produced or
    you are trying to achieve; and               delivered. They include economic,
•   the total costs and benefits of              environmental, social and cultural
    a procurement (total cost of                 outcomes.
    ownership).
The principle of public value when               Designated Contracts Include:
procuring goods, services or works               •   ICT services/computer software
does not mean selecting the lowest               •   Construction
price but rather the best possible               •   Security services
outcome for the total cost of
                                                 •   Light vehicles
ownership (over the whole-of-life of
the goods, services or works).                   (These are contract categories
                                                 identified by Cabinet in which priority
Selecting the most appropriate                   outcomes must be included and
procurement process that is                      published online.)
proportionate to the value, risk and
complexity of the procurement will               * References in the DCP to New Zealand
help achieve public value.                       industry includes all companies located in,
                                                 and employing people in, New Zealand.
New Zealand Business (Rule 17):
A business that originated in New

                                       Panels

All of Government (AOG) and Agency               goods and services work put out to
own panels will continue to be used              Panels honours the new principles
by all agencies. Industry should watch           like Public Value and delivering
out for opportunities to join Panels             Broader Outcomes.
and watch out for guidance as to how

                                             5
Getting Involved at a Glance

                PR4 Definition
                      NZ SME         "NZ Business"
            Major NZ Business
                                                             Identify Status
   Australian SME                                              under new
                            Not NZ Business or             Procurement Rules
International Prime
                          business operating in NZ
  Australian Prime
          For DCP
          Presence        Business operating in NZ
      Employment

     What want to achieve                                                 Getting
                                                                        Involved in
      Who do you need to                                                 Supply to
        engage with                                                    New Zealand
                                                                         Agencies
     What do you need to                Develop Strategy
       do to prepare

       Who can help you

                Join NZDIA

                             Protective Security
                             Requirements PSR

                             Defence Industry
                                                             Security Savvy
                            Security Programme

                             Defence Industry              Links to all documents &
                              Security Guide               sites can be found at
                                                           www.nzdia/Resources/
                                                           Getting Involved
                                          6
Strategic Defence Policy
 Start Here           Statement 2018

                  Defence Capability
                      Plan 2019

Understanding                                    NZDF Statement of Intent
 the Context      Statements of Intent
                                                 MOD Statement of Intent
                                         NZDF Framework for External and
                  MOD/NZDF               Industry Engagement
                  Engagement
                  Frameworks             MOD Defence Engagement Strategy
                                         Smart Customers and Smart Suppliers

                  Procurement Rules             4th Edition Procurement Rules

                 NZDIA Guide to the new
                 procurement enviroment

                   Climate Crisis Defence
                 readiness & responsibilities

                 Join NZDIA           www.nzdia.co.nz

                                                     Register on the Portal
                                                     Identify other interested
                   MOD Defence                       industry partners
                   Industry Portal
                                                     Deliver capability information
                                                     to MOD and NZDF
                                     R&D Funding

                  Callaghan          R&D Services
                 Innovation          Access to Experts
Get Engaged                          callaghan.innovation.co.nz
  and build                                              Receive notifications
Relationships   NZ Government Electronic
                                                         Identify opportunities
                  Tenders Service GETS
                                                         Join Panels

                   Register in Australia                            Agency
                  with the ICN Network                              AOG

                               7
Operating under pr4

  What to expect and do if you               What to expect and do if you
  are a Business (New Zealand,               are a New Zealand Business
   Australian or International)
interested in supplying Agencies
                                             •   Expect more opportunities to
                                                 arise from designated contracts,
                                                 because agencies must
                                                 consider how they can create
 •   Study the PR4 Rules;                        opportunities for New Zealand
 •   Check that the Agency you are               businesses:
     interested in is bound by the               •   Agencies must have regard to
     Rules: eg MOD and NZDF must                     guidance published by MBIE
     apply the Rules (subject to the                 on how to effectively involve
     approved exceptions);                           New Zealand businesses in
 •   Watch out for the Annual                        contract opportunities;
     Procurement Plans for all the               •   Agencies must conduct
     Agencies (Expect to be given                    sufficient monitoring of
     more time to prepare to respond                 designated contracts to
     to tenders);                                    ensure that commitments
 •   Study the DCP and Procurement                   made in contracts are
     Plans from NZDF and MOD if                      delivered and reported on;
     you are interested in Defence;          •   Expect more opportunities to
 •   Expect shorter and simpler                  participate in Agency tenders
     tender documents;                           either from:
 •   Expect pre-conditions and                   •   Approaches from others
     mandatory requirements to                       eg Primes wanting you in a
     be more proportionate eg                        supply chain; or
     reasonable not dis-proportionate            •   From agencies encouraging
     insurance requirements;                         joint bids; or
 •   Expect to be given more                     •   As a result of agencies
     opportunities to be a sub-                      chunking bigger
     contractor, to be in a consortium               opportunities into smaller
     and to create new supply chains;                manageable chunks;
 •   Expect risk to be managed by            •   Make sure you can be found by
     agencies appropriately, with                organisations looking for supply
     responsibility for managing risks           chain partners;
     with the party best placed to           •   Never been a better time to
     manage the risk (PR4-6);                    join an International defence
 •   Expect your bid to be evaluated             project supply chain, to provide
     based on best Public Value over             economies of scale, NZTE can
     the whole-of-life of the goods,             help;
     services or works.                      •   Join NZDIA so that you can
                                                 connect to businesses who want
                                                 you in their supply chains.

                                         8
What to expect and do
          if you are an International or New Zealand Prime

•   Read Chapter 9 of the DCP and                •   Read the Supplier Code of Conduct
    be aware that MOD and the                        and identify risk areas where your
    NZ Government believes value                     acts or omissions could offend
    for money is enhanced when                       against the Supplier Code of
    International prime suppliers partner            Conduct and be a reason to exclude
    with New Zealand-based companies                 you from participation in a contract
    and when relevant, local scientific              opportunity (PR4-44);
    and tertiary institutions, when              •   Expect questions about your
    delivering and supporting military               endeavours to involve more Maori
    capability (DCP-251);                            and Pacifica businesses in your
•   Expect NZ to continue to honour                  supply chain;
    the International commitments to             •   Expect to be required to provide
    trading partners;                                activity reports setting out the
•   Expect at least two structured                   steps your organisation has taken
    engagements with the market for all              to identify and use New Zealand
    Defence led-Projects under the DCP               industry to supply goods and
    (DCP-254);                                       services as part of all proposals for
•   Expect bids to be evaluated on                   DCP Projects; (DCP-260);
    best Public Value which includes an          •   Expect to be asked for activity
    evaluation of their quality, price and           reports specifying the names,
    the Broader Outcomes you can help                addresses of the New Zealand
    achieve;                                         companies approached, to describe
•   Consider being more open to New                  the good and services to be supplied
    Zealand businesses as your sub-                  over the life of the proposed
    contractors;                                     contract and to quantify the value of
                                                     those goods and services;
•   Expect more explicit requests
    from Agencies for information                •   Expect Defence to use New Zealand
    on how you are encouraging the                   engagement information when
    development of NZ supply chains;                 considering best value for money
                                                     over the life of contracts;
•   Expect some tenders to encourage
    joint tenders;                               •   Expect more industry days and other
                                                     opportunities for direct engagement
•   Expect obligations imposed on you                and expect more RFIs; and
    to pay sub-contractors in 30 days
    or less;                                     •   Consider the ways an New Zealand
                                                     business can be included in your
•   Expect more scrutiny of your terms               supply chains in other parts of the
    imposed on sub-contractors and                   world.
    your behaviour towards them
    (PR4-25);

     Whatever your size of business, if your expectations of change in Agency
      procurements are not met and you can identify Rule non-compliance,
              the NZ Procurement team at MBIE wants to know.
                  See the form at www.procurement.govt.nz

                                             9
Graphic created by NZDIA to support the Strategic Defence Policy Statement 2018

                                                                                  NZ National
                                                                                  Security Agencies
                                                                                  KEY

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                                                                                         Nation
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                                                                                                                                                                10
Opportunities for business with National Security Agencies
The New Zealand Government describes national security as ‘the
condition which permits the citizens of a state to go about their
daily business confidently free from fear and able to make the
most of opportunities to advance their way of life. It encompasses
the preparedness, protection and preservation of people, and of
property and information, both tangible and intangible.’
The National Security System Handbook 2016 which launched
this definition, is the go to guide on New Zealand’s approach to
National Security.
The Handbook also identifies all the agencies which work together
and are identified as National Security Agencies. For ease of
reference NZDIA has created the graphic on the facing page to
allow industry to quickly identify all these agencies. NZDIA has
also reflected the key role of each agency working alongside NZDF
and MOD to deliver on New Zealand’s Strategic Defence Policy
Statement across the areas of Community, Nation and World.
The focus of NZDIA in 2019 and into 2020, beyond working
to support industry in engaging with MOD and NZDF, is to
work increasingly with industry and other associations
in engaging with these other agencies. Together
we can collaborate to achieve the New Zealand
Government’s national security strategy
outcomes.

                                            Connecting Industry
                                      with Defence and National
                                        Security agencies for the
                                         benefit of New Zealand

                                       11
Defence
                                                                                            capability
Government                                                                                  plan
Procurement Rules                                                                           2019
                                                                                                                                                                                                         The ClimaTe
Rules for sustainable and inclusive procurement                                                                                                                                                          Crisis:
                                                                                                                                                                                                         DefeNCe
                                                                                                                                                                                                         reaDiNess aND
                                                                                                                                                                                                         respoNsibiliTies

                                                                                                                                                                                                        November 2018

                                                                                                                          G.4 SOI (2019)
                                                                                                                                G.4 SOI (2019)

                                                                                                                                                                                       G55 SOI (2018)

                                                                                                                                                                                                               THE NEW ZEALAND DEFENCE
                                                                                                                                                                                                               CAPABILITY MANAGEMENT SYSTEM
                                                                                                                                                                                                                             NOVEMBER 2016

NZDF
FRAMEWORK                                                                                                                                         2018/19–2021/22
                                                                                                                                                  STATEMENT OF INTENT
FOR EXTERNAL & INDUSTRY ENGAGEMENT                                                          MINISTRY OF DEFENCE
                                                                                            Manatῡ Kaupapa Waonga
                                                                                                                                                  for the period ending 30 June 2022
                                                                                            STATEMENT
                                                                                            OF INTENT                                                                                                                   SMART CUSTOMERS AND
                                                                                                                                                                                                                          SMART SUPPLIERS
                                                                                            2019-2023                                                                                                                     OUR STRATEGY FOR
                                                                                                                                                                                                                        ENGAGING WITH INDUSTRY

                                                               OCTOBER 2018                                         defence.govt.nz
                             NZDF Framework for External and Industry Engagement 2018   1
                                                                                                                     defence.govt.nz

                                                                              To access all these documents & sites go to
                                                                                     www.nzdia.co.nz/Resources

                                                                                                                                             12
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