Test conditions for participation against the ability limits
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Copy each condition for participation. Mark any condition that asks for experience with the entity, with the Australian Government, or in a particular location, and any condition about bankruptcy, insolvency, a false declaration or past performance. Do not decide that a condition is lawful or that a tenderer is excluded.
- What the lawyer must review
- The lawyer decides whether the conditions meet paragraphs 10.14 to 10.17. Conditions for participation must be limited to those that ensure a potential supplier has the legal, commercial, technical and financial abilities to fulfil the requirements. They may require relevant prior experience where that experience is essential, but must not require previous experience with the relevant entity, with the Australian Government, or in a particular location. In assessing a tenderer, the entity must evaluate financial, commercial and technical abilities on the basis of the tenderer's business activities wherever they have occurred, and must base the determination solely on the conditions specified in the approach to market or the request documentation. A tenderer may be excluded for bankruptcy, insolvency, false declarations, or significant deficiencies in performance of any substantive requirement or obligation under a prior contract.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Separate a condition for participation from a scored evaluation criterion. The paragraphs govern the condition.
- Do not treat experience in a named city, or with the buying entity, as a permitted condition.
- An exclusion for insolvency or past performance is for the lawyer. Do not strike a tenderer out.
Sources
- Department of Finance, additional rules · 2026-10-22
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.