AQMN Legal

Day 2 of LandForces 2024 ✅ It was good to see the energy and passion our industry continues to have despite the difficult fiscal environment. Also fantastic to run into so many of our clients and industry peers delivering top tier goods and services. Emma Jovic Matthew Bautz

We are very honoured to be presenting on this emerging legal domain alongside technical experts from Bluerydge

We are excited to announce that our team will be attending Landforces 2024 this week! We’ll be busy engaging with our Industry clients, discussing commercial pathways and exploring options that benefit the Defence sector. We’re also looking forward to learning more about the incredible products and services Australian companies are offering to support our Defence market. Looking forward to seeing many of you there! #LandForces2024 #DefenceIndustry #CommercialPathways #AQMNLegal

The #Commonwealth #Procurement #Rules (CPRs) are changing on 1 July 2024, and this appears to be big news for #SMEs! As announced by the #MinisterforFinance, Katy Gallagher, the #CPR changes hope to: - Boost economic opportunities for #FirstNations and #SMEs; - Enhance #SME participation in Commonwealth contracts; and - Identify women-owned and led businesses on AusTender. Some of the relevant #SME changes include: - increase the commitment for noncorporate Commonwealth entities (NCEs) procuring at least 25% of contracts by value from SMEs, for contracts with a value of up to $1 billion. (CPR rule 5.6) - increase the target for NCEs for noncorporate Commonwealth entities procuring at least 40% of contracts by value from SMEs, for contracts with a value of up to $20 million. (CPR rule 5.7) - all relevant entities can directly engage an SME for procurements valued up to $500,000 and exempt the procurement from the rules of Division 1 paragraphs 4.7, 4.8 and 7.26 and Division 2. (Appendix A exemption 17) - the #Definition of an #SME has been amended to ensure that an SME seeking an Appendix A exemption must be #independent. Employees of any #associated #entities to the firm are included. Associated entities to a firm include a firm’s parent company, a firm’s subsidiaries, and any related bodies corporate to the firm. 50AAA  Meaning of associated entity (1) One entity (the associate) is an associated entity of another entity (the principal) if subsection (2), (3), (4), (5), (6) or (7) is satisfied. (2) This subsection is satisfied if the associate and the principal are related bodies corporate. (3) This subsection is satisfied if the principal controls the associate. (4) This subsection is satisfied if: (a) the associate controls the principal; and (b) the operations, resources or affairs of the principal are material to the associate. (5) This subsection is satisfied if: (a) the associate has a qualifying investment (see subsection (8)) in the principal; and (b) the associate has significant influence over the principal; and (c) the interest is material to the associate. (6) This subsection is satisfied if: (a) the principal has a qualifying investment (see subsection (8)) in the associate; and (b) the principal has significant influence over the associate; and (c) the interest is material to the principal. (7) This subsection is satisfied if: (a) an entity (the third entity) controls both the principal and the associate; and (b) the operations, resources or affairs of the principal and the associate are both material to the third entity. (8) For the purposes of this section, one entity (the first entity) has a qualifying investment in another entity (the second entity) if the first entity: (a) has an asset that is an investment in the second entity; or (b) has an asset that is the beneficial interest in an investment in the second entity and has control over that asset. AQMN Legal EMA Advisory

AQMN has partnered with Canberra Business School for a Commercial Training Pilot Program! We are thrilled to announce we have formally signed a partnership with the University of Canberra for the delivery of a Commercial Training Pilot Program 2024! After a comprehensive stakeholder engagement period, our clients expressed demand for a #practitioner #designed, #commercial training solution #tailored for government professionals. The AQMN Academy was eager to work the University of Canberra, a Canberra-based university which provides world-class #practical training, as we work to shape the future of #government #procurement through innovative and practitioner designed education. With modules planned for delivery from July 2024, we encorage organisations to reach out if you would like to know more. 🔗 For more information, visit https://lnkd.in/gdb9Hxjd

We are hiring a Training Lead! (Canberra or Sydney) As a Training Lead, you'll play a pivotal role in empowering government professionals with the skills and knowledge they need to accelerate capability delivery. Join us in shaping the future of procurement, commercial and contract management! For more information, please email [email protected] or visit www.aqmn.com.au Job Description can be viewed at: https://lnkd.in/gWNiWtT2 #Hiring #TrainingLead #Procurement #CommercialManagement #CareerOpportunity

The Australian Small Business and Family Enterprise Ombudsman released their ‘Review of the implementation of the 1 July 2022 changes to the Commonwealth Procurement Rules’ today – review it here at: https://lnkd.in/gkw7wPqB   The Australian Government procured goods and services worth $75 billion in 2022-23. Despite making up 97% of all businesses, procurement from small business suppliers accounts for only $8 billion (11%) by value.   The Department of Industry, Science and Resources (DISR) observed that some businesses have reported that: ‘[I]t sometimes seems to them as though they were invited to tender solely for government to be able to say they made procurement activities accessible to underrepresented groups.’   In AQMN's experience adding in a requirement to include SMEs in the tender processes has not been effective. Too often we see SMEs included for ‘box ticking’ so that the procurement complies with the procurement obligations. This disproportionately hurts SME’s as they do not have the resources, time, and capability to respond as readily as larger organisations.   In our view a proactive change which would provide immediate benefits is to adopt the IPP obligations that Procurement Officials must satisfy, to:   1.      Define and identify Approaches to Market where SMEs can respond and deliver the work; and 2.     Ensure that these Approaches to Market are first released to SMEs for these specific procurements, and if no value for money solution is received, only then can the procurement be released to the broader market.    The full list of Recommendations from the Report are below:   1.      Enhance and elevate the Future Made in Australia Office 2.      Establish an active and independant Procurement Commissioner 3.      Continue to improve Defence procurement 4.      Support procurement officials 5.      Make AusTender fit-for-purpose 6.      Make ‘panels’ more transparent, accountable, and conducive to Competition 7.      Ready and reliable identification of small businesses 8.      Advance women’s entrepreneurship 9.      Institute clear and material reporting 10.  Decode rules and guidance 11.  Ensure prompt payment of subcontractors participating in procurement   AQMN will provide a number of reviews for this Inquiry over the coming weeks, both from the perspective of a Procurement Official, and an SME.   The Hon Bruce Billson GAICD Nicholas Ada Ryan Dawson Sabrena King Gareth Sebar David Welch David Pocock Thomas Emerson

We are thrilled to announce that our director Matthew Bautz has been selected as a finalist for Defence Connect’s Consultant of the year!

Our Director, Emma Jovic has had an inspiring first few days at the IEEE RAS ICRA Conference in Yokohama, Japan. With strategic and commercial arrangements between Australia and Japan increasing, it is great to be able to discuss commercial pathways into Australia with some of the best robotics companies in the world.

We will remember them, Lest we forget