---
title: "Check who may be invited to make a submission"
url: "https://ailawframework.com/precedents/government-procurement-and-tendering/australian-business-approach-check"
type: "precedent"
site: "AI Law Framework"
id: "a50-australian-business-approach-check"
area_id: "A50"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A50-R20260922-1"]
law_stated_as_at: "2026-10-22"
---

# Check who may be invited to make a submission

> A check of Commonwealth Procurement Rules paragraphs 5.4, 5.5 and 9.2 to 9.7 before an approach to market, including the expected value and the Australian business rule.

Canonical page: https://ailawframework.com/precedents/government-procurement-and-tendering/australian-business-approach-check  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Government Procurement & Tendering](https://ailawframework.com/precedents/government-procurement-and-tendering.md)
- Jurisdictions: Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Commonwealth.

## When to use it

Use before inviting submissions for a Commonwealth procurement, to record the expected value and which invitation rule the principal is considering. It does not decide that a business is an Australian business.

## Used for these tasks

- [Check an approach to market against the rules that apply](https://ailawframework.com/practice/government-procurement-and-tendering/check-an-approach-to-market-against-the-rules-that-apply.md)

## How AI may be used

AI may enter the value and the entity type the principal supplies, and must not decide that a business is an Australian business or that an exception applies.

**AI may:**

- Enter the expected value from figures the principal supplies, and note that thresholds in the rules are inclusive of GST
- Copy the paragraph 5.4 or 5.5 text that matches the facts the principal has marked

**AI must not:**

- Must not decide that paragraph 5.4 or 5.5 applies, or that an exception applies
- Must not decide that a business meets the Appendix B definition
- Must not divide a procurement into parts
- Must not set a closing time

**The lawyer checks:**

- The expected value is estimated before the procurement method is chosen, and includes options, extensions and renewals
- The principal identifies whether the entity is non-corporate, prescribed corporate, or one of the entities named in paragraphs 3.10 and 3.11
- The Indigenous Procurement Policy is applied where paragraph 5.4 or 5.5 says it must first be satisfied
- The Finance guidance named in the Australian business definition is opened before a business is treated as Australian

## Authorities

- [Department of Finance, Commonwealth Procurement Rules, 17 November 2025, paragraphs 3.7, 3.10, 3.11, 5.4, 5.5 and 9.2 to 9.7, and Appendix B](https://www.finance.gov.au/sites/default/files/2025-10/Commonwealth-Procurement-Rules-2025.pdf)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/government-procurement-and-tendering/australian-business-approach-check and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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