Collaborative Marketplace Agreement
Overview of the Collaborative Marketplace Agreement
The Collaborative Marketplace Agreement (CMA) is a commercial agreement that suppliers (called 'providers' in the CMA) enter into with either the Department of Internal Affairs (DIA) or the Ministry of Business, Innovation and Employment (MBIE), depending on which is the lead agency for the channel or catalogue the supplier wishes to join.
Collaborative contract benefits
In relation to all Marketplace Catalogues that:
a) DIA administers, this Marketplace Agreement is a "Common Capability Contract"; and
b) MBIE administers, this Marketplace Agreement is an "All of Government Contract",
as defined in the Government Procurement Rules (available at New Zealand's Government Procurement Rules.)
The effect of this recognition is significant. Government agencies that purchase services under the CMA can do so regardless of the value of their spend, without needing to undertake an open primary procurement process and negotiate their own contracts.
Agencies should still undertake some form of secondary procurement process, which involves assessing competing service providers on Marketplace. But having the primary procurement process covered by joining Marketplace means this is a faster and more contained process.
What the CMA does
- sets the ground rules for suppliers' membership of Marketplace
- describes or prescribes the terms that apply when a purchasing agency procures services or products through Marketplace, and
- where relevant, recognises and accommodates pre-existing cross-government agreements that some suppliers already have with the New Zealand government.
General and channel terms
The CMA has two main parts.
- Part 1 contains General Terms that all service providers accept to join Marketplace as a supplier
- Part 2 contains specific Channel Terms for each Marketplace channel, which suppliers must accept to become suppliers in that channel. These Channel Terms contain additional terms between the supplier and the lead agency, relating to the applicable channel, and they describe or prescribe the default terms of the Agency Purchase Agreement that an eligible agency enters into when procuring something through that channel of Marketplace. You only need to accept the Channel Terms for the Channels that you are applying for.
Agency Purchase Agreement
When a government agency wishes to procure a service or product through Marketplace, the contract that will apply between the agency and the supplier will be an Agency Purchase Agreement. There are different forms of Agency Purchase Agreement for different Marketplace channels and catalogues.
In the case of the Public Cloud Services (SaaS) channel, this agreement comprises the supplier's standard terms as amended in a small number of respects by the Government Terms referred to in the applicable Part 2 of the CMA. This approach recognises the primacy of the supplier's general terms, subject to a small number of changes to facilitate government agency procurement of services.
For the Consultancy and Professional Services channel and the Managed Services channel, the applicable Part 2 of the CMA prescribes the default terms of the Agency Purchase Agreement that will apply. Agencies and suppliers have the opportunity to amend and supplement those default terms through statements of work or orders for services.