---
title: "Apply the below-threshold rules on who must be invited to submit"
url: "https://ailawframework.com/practice/government-procurement-and-tendering/apply-the-below-threshold-rules-on-who-must-be-invited-to-submit"
type: "task"
site: "AI Law Framework"
id: "A50-CO20261022-3"
practice_area: "Government Procurement & Tendering"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Apply the below-threshold rules on who must be invited to submit

> From the expected value, the entity type and whether the procurement is from a named standing offer, list which of paragraphs 5.4 and 5.5 is capable of applying and whether the Indigenous Procurement Policy is recorded…

Canonical page: https://ailawframework.com/practice/government-procurement-and-tendering/apply-the-below-threshold-rules-on-who-must-be-invited-to-submit  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Government Procurement & Tendering](https://ailawframework.com/practice/government-procurement-and-tendering.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the expected value, the entity type and whether the procurement is from a named standing offer, list which of paragraphs 5.4 and 5.5 is capable of applying and whether the Indigenous Procurement Policy is recorded as already satisfied. Do not write a decision that the paragraph does not apply. |
| What the lawyer must review | The lawyer decides who must be invited. Under paragraph 5.4, a non-corporate Commonwealth entity must invite only Australian businesses for a procurement at or above $10,000 and below the relevant threshold, excluding a standing offer, after the Indigenous Procurement Policy where relevant. If there is no submission, or no submission represents value for money, another method may be used. An official may decide that approaching Australian businesses is not appropriate, and must document the basis. Under paragraph 5.5, for a procurement below $125,000 from the Management Advisory Services Panel, the People Panel, or a standing offer managed by the Digital Transformation Agency, only small and medium enterprises on that standing offer are invited, after the Indigenous Procurement Policy for a Digital Transformation Agency standing offer. If there is no submission, no submission represents value for money, or the standing offer does not include a small or medium enterprise, the entity may invite other suppliers on that standing offer. An official may decide that approaching a small or medium enterprise is not appropriate, and must document the basis. Paragraph 5.8 requires payment within the maximum payment terms in the pay-on-time policy. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: From the expected value, the entity type and whether the procurement is from a named standing offer, list which of paragraphs 5.4 and 5.5 is capable of applying and whether the Indigenous Procurement Policy is recorded as already satisfied. Do not write a decision that the paragraph does not apply.
- What the lawyer does: The lawyer decides who must be invited. Under paragraph 5.4, a non-corporate Commonwealth entity must invite only Australian businesses for a procurement at or above $10,000 and below the relevant threshold, excluding a standing offer, after the Indigenous Procurement Policy where relevant. If no submission represents value for money, another method may be used. An official may decide that approaching Australian businesses is not appropriate, and must document the basis. Under paragraph 5.5, for a procurement below $125,000 from the Management Advisory Services Panel, the People Panel, or a standing offer managed by the Digital Transformation Agency, only small and medium enterprises on that standing offer are invited, after the Indigenous Procurement Policy for a Digital Transformation Agency standing offer. The same fall-back and documented decision apply. Paragraph 5.8 requires payment within the maximum payment terms in the pay-on-time policy.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court or regulator classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm the buyer is a non-corporate Commonwealth entity. Paragraphs 5.4 and 5.5 are stated for those entities.
2. Satisfy the Indigenous Procurement Policy before inviting an Australian business or, on a Digital Transformation Agency standing offer, a small or medium enterprise.
3. Do not move to other suppliers merely because it is convenient. Use the no-submission or value-for-money limb, or a documented decision that the paragraph does not apply.
4. For an approach to a standing offer on or after 17 November 2025, use the standing-offer branch in the Finance transitional guidance as well as paragraph 5.5.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Department of Finance, Commonwealth Procurement Rules, encouraging competition](https://www.finance.gov.au/government/procurement/commonwealth-procurement-rules/encouraging-competition) (checked 2026-10-22)
- [Department of Finance, which Commonwealth Procurement Rules apply (1 July 2024 or 17 November 2025)](https://www.finance.gov.au/sites/default/files/2025-10/Which-CPRs-apply_0.pdf) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/government-procurement-and-tendering/apply-the-below-threshold-rules-on-who-must-be-invited-to-submit/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*