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Publish Date : 20-Oct-2015

The Ministry of Business, Innovation and Employment has been promulgating regulations for state procurement decision making, since 2006.

The regulations have been enforced on state entities by cabinet instructions to the affected entities.

At first, primarily core ministries and departments were bound. However, they have been extended to other state agencies, since 2014, when the rules were revised.

The original regulations recently featured in a successful judicial review application brought by the Problem Gambling Foundation (PGF) for setting aside a Ministry of Health decision to offer contracts to the Salvation Army in preference to the PGF, an incumbent, after a request for proposals (RFP) process.

The contracted services were to cover the final 2 and 1/2 year period of a six-year consolidated problem gambling strategy.

The RFP stipulated 8 criteria and related weightings, each with several sub-criteria, and the use of an assessment committee with a non-voting chair and six voting members.

The committee undertook a decision process that included: individual pre-scoring; group consensus scoring; and moderation.

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