Procurement legal review checklist
Procurement processes carry probity, competition, and compliance risks. This checklist ensures that legal review covers the key stages from specification through to contract execution.
This is a 12-step checklist for conducting a legal review of a procurement process. It covers probity requirements, evaluation criteria, tender documentation, and contract formation under Australian procurement frameworks.
The checklist
Confirm procurement method
Confirm whether the procurement should be open tender, select tender, direct sourcing, or panel arrangement based on value thresholds and policy.
Review the specification
Review the specification or statement of requirements for clarity, completeness, and absence of bias toward a particular supplier.
Check value threshold compliance
Confirm the procurement value and verify compliance with the applicable procurement threshold — state, Commonwealth, or FTA thresholds.
Review evaluation criteria
Review the evaluation criteria and weightings for reasonableness, non-discrimination, and alignment with the specification.
Assess conflict of interest declarations
Confirm that all evaluation panel members have completed conflict of interest declarations before accessing tender responses.
Review tender documentation
Review the RFT or RFQ documents for completeness — conditions of tendering, evaluation methodology, and contract terms.
Check probity plan
Confirm a probity plan is in place for high-value or sensitive procurements, with a probity adviser appointed if required.
Verify insurance and licensing
Confirm the winning tenderer holds required licences and insurance before contract execution.
Review contract terms
Review the proposed contract for appropriate risk allocation, IP ownership, liability caps, and termination rights.
Check subcontracting provisions
Review subcontracting clauses and confirm whether consent is required for key subcontractors.
Confirm modern slavery and WHS compliance
Verify that tenderer responses address modern slavery risks and work health and safety requirements.
Document evaluation and approval
Ensure the evaluation report is documented, the recommendation is supported by evidence, and delegate approval is obtained before execution.
When this checklist applies
Use this checklist when conducting legal review of a procurement process at any stage from planning to contract execution.
Common pitfalls
- Applying evaluation criteria that differ from those published in the tender documents
- Not documenting the evaluation rationale with sufficient detail for audit
- Overlooking FTA obligations for procurements above threshold values
- Allowing evaluation panel members to participate without conflict declarations
- Executing contracts before confirming the tenderer holds required licences
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This checklist is a general guide. Procurement rules vary between Commonwealth, state, and local government frameworks — confirm the applicable rules for your jurisdiction.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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