DECD Procurement Governance Policy
Transcription
DECD Procurement Governance Policy
Policy DECD 14/8812 DECD Procurement Governance Policy Summary The DECD Procurement Governance Policy provides an overview of the processes, authorities and accountabilities to ensure a high performing procurement function across the department. Publication Date 18 December 2014 Review Date December 2015 Related Legislation/Applicable Section of Legislation State Procurement Act 2004 Related Policies, Procedures, Guidelines, Standards, Frameworks Contract Management Guideline, Guideline for Writing Procurement Specifications, Procurement Quick Guide. Replaces DECD Procurement Governance Policy V1.0 Policy Officer (Name/Position) Ty Potticary, Senior Project Officer – Procurement/Fleet Policy Officer (Phone) 8226 1347 Policy Sponsor (Name/Position) John Scalzi, Assistant Director, Procurement & Contracting Executive Director Responsible (Name/Position/Office) Ross Treadwell, Executive Director, Infrastructure Applies to All DECD Staff All School Governing Council/School Council Members All Preschool Management Committee Members DECD Ministerial Committees 1 | DECD Procurement Governance Policy | December 2014 Key Words Procurement, Governance, Policy, Contract, Purchase, Quote, Tender, Consultant Status Current Approved by DECD Senior Executive Group Approval Date 11 December 2014 Version DECD Procurement Governance Policy V2.0 2 | DECD Procurement Governance Policy | December 2014 REVISION RECORD Date Version December 2014 2.0 Revision Description • Addition of IPP requirements (including limitations of liability). • Insertion of Procurement flowcharts. • Amended leasing provisions. • Inclusion of reference to DCSI clearance. • Amended SPB procurement matrix. • Revised PGC Mission and Vision statements. 3 | DECD Procurement Governance Policy | December 2014 CONTENTS 1. TITLE ......................................................................................................................... 6 2. PURPOSE ................................................................................................................... 6 3. SCOPE ........................................................................................................................ 6 4. POLICY DETAIL ........................................................................................................... 6 4.1. Objectives .................................................................................................................. 6 4.2. Key Stakeholders ....................................................................................................... 6 4.2.1. State Procurement Board .................................................................................. 6 4.2.2. The Chief Executive ........................................................................................... 7 4.2.3. DECD Procurement Governance Committee ..................................................... 7 4.2.4. Office of the Industry Advocate ........................................................................ 7 4.2.5. DECD Procurement Unit .................................................................................... 8 4.2.6. Worksites .......................................................................................................... 8 4.3. Constitution of the DECD PGC ................................................................................... 8 4.3.1. Membership ...................................................................................................... 8 4.3.2. Appointment of Members................................................................................. 8 4.4. Duties and Obligations of PGC Members .................................................................. 8 4.4.1. General Duties ................................................................................................... 8 4.4.2. Disclosure of Interests ....................................................................................... 9 4.4.3. Confidentiality ................................................................................................... 9 4.4.4. Attendance ........................................................................................................ 9 4.5. Meetings of the PGC .................................................................................................. 9 4.5.1. Timing of Meetings ............................................................................................ 9 4.5.2. Meeting Procedure and Quorum ...................................................................... 9 4.5.3. PGC Submissions ............................................................................................... 9 4.6. Reporting Requirements ......................................................................................... 10 4.6.1. SPB Annual Report .......................................................................................... 10 4.6.2. DECD Procurement Report .............................................................................. 10 4.6.3. Office of the Industry Advocate Annual Report .............................................. 10 4 | DECD Procurement Governance Policy | December 2014 4.7. Approved Procurement Processes and Delegations ............................................... 10 4.8. Quotation and Tender Requirements ..................................................................... 10 4.8.1. Purchases up to $22,000 (GST Inclusive) ......................................................... 11 4.8.2. Purchases over $22,000 and up to $220,000 (GST Inclusive) .......................... 11 4.8.3. Purchases over $220,000 (GST Inclusive) ........................................................ 13 4.8.4. Industry Participation Policy ........................................................................... 16 4.9. Exception to Quotations and Tender Requirements ............................................... 17 4.10. Expenditure Authority ............................................................................................ 17 4.11. Procurement Authority .......................................................................................... 17 4.12. Contractual Authority ............................................................................................ 17 4.13. Achieving Value for Money .................................................................................... 17 4.14. Ethical Purchasing Requirements ........................................................................... 18 4.15. Limitation of Liability ............................................................................................. 18 4.16. Developing Specifications ...................................................................................... 18 4.17. Leasing .................................................................................................................... 19 4.18. Engaging Consultants ............................................................................................. 19 4.19. Employment of Former Public Sector Employees .................................................. 19 4.20. Emergency Situation Procurement Procedures ..................................................... 19 4.21. Supplier Complaints ............................................................................................... 20 4.22. Child Protection Obligations .................................................................................. 20 4.23. Use of Established Government Facilities .............................................................. 21 5. ROLES AND RESPONSIBILITIES ................................................................................. 21 6. MONITORING, EVALUATION AND REVIEW ............................................................. 21 7. DEFINITIONS AND ABBREVIATIONS ........................................................................ 22 8. SUPPORTING DOCUMENTS ..................................................................................... 23 9. REFERENCES ............................................................................................................ 23 APPENDIX ................................................................................................................ 23 APPENDIX 1 ............................................................................................................. 24 APPENDIX 2 ............................................................................................................. 26 APPENDIX 3 ............................................................................................................. 27 5 | DECD Procurement Governance Policy | December 2014 1. TITLE DECD Procurement Governance Policy 2. PURPOSE This policy has been produced to enable personnel involved in any capacity of the department’s procurement function to access information on processes, authorities, accountabilities and relationships that have been established to ensure a high performing procurement function across the department. 3. SCOPE The policy applies to all Department for Education and Child Development (DECD) employees, School Governing Councils/School Councils, Preschool Management Committees and Ministerial Committees operating within the DECD Procurement Authority. The DECD Procurement Governance Policy covers all activities related to the acquisition of general good and services regardless of value, and also the construction works up to & including $165,000 (GST inclusive) through third party sources. It does not apply to works above $165,000 (GST inclusive) or government office accommodation, leasing and fitouts, which are exempt by Regulations 2005 (Section 5) under the Statement Procurement Act 2004, and are managed by Asset Services via the Building Management Division of the Department of Planning, Transport and Infrastructure. 4. POLICY DETAIL 4.1. OBJECTIVES The State Procurement Act requires public authorities to achieve: • Value for money in the expenditure of public money; • Ethical and fair treatment to participants; and • Probity, transparency and accountability in procurement operations. 4.2. KEY STAKEHOLDERS • 4.2.1 State Procurement Board The State Procurement Board (SPB) is responsible for the oversight of government’s procurement processes for the acquisition of goods and services. The primary functions of the board are: Facilitating strategic procurement by government agencies by setting overarching strategic directions and procurement practices; Developing and disseminating government-wide procurement policies, principles, guidelines, directives and standards; Monitoring public authorities’ purchasing and contracting activities; Monitoring compliance with the Board’s procurement initiatives; and Developing and providing procurement training relevant to government agencies. 6 | DECD Procurement Governance Policy | December 2014 The SPB considers agency procurement proposals for goods and services above an agency’s delegation. DECD delegation is currently $4.4m (GST inclusive). All proposals for SPB consideration must be submitted via the DECD Procurement Governance Committee (PGC). • 4.2.2 The Chief Executive The SPB places responsibility on public authorities’ principal officers to ensure that procurement operations are efficiently and effectively managed in accordance with the Board’s policies, principals, guidelines, standards and directions. The Chief Executive is the approving authority for this policy document, and has established a DECD PGC to oversee the department’s procurement function and to ensure government requirements are met. Accordingly, the Chief Executive has sub-delegated the department’s procurement delegation to the PGC. The Chief Executive has also sub-delegated specific purchasing delegations to individual officers (refer to Appendix 1). • 4.2.3 DECD Procurement Governance Committee (PGC) The DECD PGC has been established to assist the Chief Executive in ensuring DECD purchasing activities are driven by business needs, utilise best practise, manage risk exposure, and comply with the government’s procurement objectives. To comply with the government’s procurement requirements, the PGC has established the following mission and vision statement: Mission: To achieve value for money in the provision of required goods and services whilst displaying the highest standard of probity and accountability in procurement processes. Vision: The DECD Procurement Governance Committee aims to provide centralised oversight of the department’s procurement processes, with robust systems and processes to ensure value, integrity and fairness throughout the procurement function. • 4.2.4 Office of the Industry Advocate The government has committed to ensure that small to medium enterprises (SMEs) are provided with full, fair and reasonable opportunity to be considered for work undertaken by the public sector in South Australia. Accordingly, the Office of the Industry Advocate has been established to perform a number of key tasks, including: Implementing and managing the South Australian Industry Participation Policy (IPP); Reforming procurement policies and practices to ensure local businesses are not disadvantaged; Exploring opportunities to drive local investment; Assisting local businesses tendering for government contracts; and Encouraging local businesses and industry associations to build the skills and capabilities needed to successfully compete for government contracts. • 4.2.5 DECD Procurement Unit In supporting the department’s broader strategic objectives, the DECD Procurement Unit aims to provide quality expert services at the right time, and equip DECD worksites (including schools and preschools) with the skills and capacity to undertake effective procurement processes that meet the government’s requirements by: Providing a secretariat role to the PGC and implementing PGC decisions; 7 | DECD Procurement Governance Policy | December 2014 Developing, implementing, monitoring and reviewing procurement policies, guidelines and practices incorporating DECD and across government requirements; Providing excellence in delivering services to meet client needs through expert advice and support; Providing leadership and direction both within the Procurement Unit and to clients with a focus on good practice, continuous improvement, and staff training and development; Managing tender processes and coordinating purchasing (where relevant) for worksites; Communicating relevant procurement information throughout the department; and Establishing panel contracts. • 4.2.6 Worksites Worksite personnel need to ensure they: Comply with DECD procurement policies, procedures and guidelines; Purchase goods and services from established contracts where appropriate; and Purchase within delegated authorities (refer Appendix 2). 4.3. CONSTITUTION OF THE DECD PGC • 4.3.1 Membership The PGC consists of senior personnel who represent a cross-section of the department and who possess expertise in relevant area to the procurement function including risk, financial management, strategic planning, project management, and information systems. Refer Appendix 2 for current membership details. • 4.3.2 Appointment of Members Nominations for appointment to the PGC are submitted to the Chair for approval, with the exception of the Chair, which must be submitted to the Chief Executive for approval. The Executive Officer will be responsible for managing the approval process for nominations. PGC members are elected on the basis of having the appropriate skill set and knowledge to represent DECD worksites effectively. 4.4. DUTIES AND OBLIGATIONS OF PGC MEMBERS • 4.4.1 General Duties As the delegated body responsible to the CE for overseeing the Department’s procurement function for goods and services, PGC members must observe the highest ethical standards, as required in any position of trust. The common conventions for the PGC require members to: Act with honesty and integrity; Not engage in activities that could conflict with duties as a PGC member and disclose any interest that could create such a conflict; Not disclose information obtained in the course of their membership of the PGC; and Exercise care and diligence in the performance of their duty, and take steps through the processes of the PGC to obtain sufficient information and advice about all matters to be decided by the PGC to enable informed decision making. 8 | DECD Procurement Governance Policy | December 2014 • 4.4.2 Disclosure of Interests PGC members who have a direct or indirect interest in a potential or completed transaction must declare their interest to the Chair PGC as soon as they become aware of the transaction. They may not be eligible to take part in deliberations of the PGC relating to that transaction. Disclosure of interests must be recorded in the PGC minutes. • 4.4.3 Confidentiality There are potentially significant political and commercial implications in disclosure of matters discussed and decided by the PGC. PGC members are to use discretion when discussing issues outside of session to ensure confidentiality is preserved. • 4.4.4 Attendance PGC members should make attendance at PGC meetings a priority. Where appropriate, staff acting in the substantive position of a PGC member may represent them in their absence. 4.5. MEETINGS OF THE PGC • 4.5.1 Timing of Meeting The PGC will meet fortnightly on the first and third Thursday of each month (subject to business pending) or as required, to consider acquisition proposals and other relevant matters. Business of the PGC may also take place by other methods such as email where appropriate. • 4.5.2 Meeting Procedure and Quorum The Executive Director, Infrastructure is the appointed Chair of the PGC. The Director, Asset and Business Services is the appointed Deputy Chair of the PGC. Two members of the PGC (including the PGC Chair or Deputy Chair) constitute a quorum for the PGC, without which no business may be transacted at a meeting. A decision carried by a majority of the votes cast by the members present at a meeting is a decision of the PGC. Each member of the PGC is entitled to one vote on matters arising for decision, with the Chair having a casting vote where votes are equal. The PGC is able to decide how its business is conducted, subject to requirements of the SPB. The Deputy Chair will assume duties in the absence of the Chair, PGC for PGC meetings. • 4.5.3 PGC Submissions The PGC generally considers proposals over $220,000 (GST inclusive). However, proposals of lesser value may also be referred to the PGC. Work sites wishing to obtain PGC approval for acquisitions must: Liaise with the Procurement Unit as early as possible in the acquisition planning phase to ensure correct processes are established; Forward the proposal to their authorised delegate for endorsement (this is usually the line manager at a Director level or above); and Submit the endorsed proposal to the Procurement Unit for review and transmission to the PGC. Proposals should be submitted to the Procurement Unit by close of business on the Monday prior to a fortnightly meeting. The PGC will consider proposals to ensure they are consistent with PGC Policy. The Chair of the PGC, and in absence of the Chair, the Deputy Chair, is authorised to sign off proposals. 9 | DECD Procurement Governance Policy | December 2014 4.6. REPORTING REQUIREMENTS • 4.6.1 SPB Annual Report The SPB is required by section 22 of the State Procurement Act 2004 (the Act) to submit an annual report to Parliament before 30 September each year. The report is prepared by the SPB Secretariat and tabled in both Houses of Parliament by the appropriate Minister. The SPB seeks relevant information from departments to enable all reporting requirements to be achieved. • 4.6.2 DECD Procurement Report In order for the SPB to meet its Statutory obligations the Chief Executive is required to provide an end of year report to the SPB on the procurement activities for goods and services (including consultancies). The report may require information on: Individual purchases over nominated value; Whole-of-agency contract initiatives; and DECD forward procurement plans. • 4.6.3 Office of the Industry Advocate Annual Report The Office of the Industry Advocate will prepare an annual report to Cabinet on South Australian IPP outcomes. DECD is required to include a statement in its annual report on the outcomes of the Employment Contribution Tests and IPP Plans. 4.7. APPROVED PROCUREMENT PROCESSES AND DELEGATIONS An acquisition’s overall estimated cost, complexity and risk will generally determine the procurement method. Where applicable, worksites should seek Procurement Unit advice on recommended procurement methods on a caseby-case basis. Acquisition Plans (where required) should nominate the proposed procurement method (refer to section 4.8.3 for further information regarding Acquisition Plans). Procurement methods include: • Request for Quotation (RFQ) – generally for acquisitions less than $220,000 (GST inclusive) • Request for Proposal (RFP) • Request for Tender (RFT) • Selected RFP or RFT • Expression of Interest (EOI) followed by RFP or RFT • Direct Negotiations 4.8. QUOTATION AND TENDER REQUIREMENTS In addition to the process requirements outlined in this section, when undertaking a procurement process, value for money should be considered in the decision making process. Acquisitions should be undertaken which achieve value for money, by taking into account the best possible combination of price and qualitative factors for goods or services. For further information on achieving value for money outcomes, refer to Section 4.13. 10 | DECD Procurement Governance Policy | December 2014 Generally, the value of an acquisition is the total contract cost, including whole of life costs and any contract extension options. Purchases cannot be split to enable individual parts/phases to fall under a particular threshold. • 4.8.1 Purchases up to & including $22,000 (GST Inclusive)* Applicable to all Worksites including Schools, Preschools, Ministerial Committees and Child Protection and Guardianship Business Units: A minimum of one verbal or written quote should be obtained (recorded at local level). Ensure that potential suppliers receive sufficiently clear information to base their quote on. The purchase should be processed locally via a Local Purchase Order (LPO), EDSAS or Basware unless exempt from this requirement as per the Purchase Order Exemption Policy. Note: An Acquisition Plan is not required and the purchase is undertaken with minimal effort and paperwork. Note: Irrespective of value, a written Agreement must be established were the Contractor and/or its personnel are required to comply with Child Protection Obligations. A written Agreement should also be established where there are Intellectual Property, Insurance, Confidentiality or Disclosure requirements. In these cases, the Simplified Terms and Conditions contract document should be used. This document is available as a template in the in.DECD and SSOnet websites. Please contact the Procurement Unit for assistance if required. Note: Refer to Section 4.18 for purchases of Consultancy Services. Note: Refer to Section 4.22 for Child Protection Obligation requirements. * Note: Corporate sites must refer all minor works to Asset Services. • 4.8.2 Purchases over $22,000 and up to & including $220,000 (GST inclusive)* Corporate/Education Offices, Ministerial Committees and Child Protection and Guardianship Business Units: At least three written quotes are to be obtained for purchases over $22,000 and up to & including $220,000 where possible and appropriate. To ensure compliance with IPP, sites are required to seek at least one quote from a local source and provide an Employment Contribution Test (ECT) for each supplier to complete and submit with their quote. The ECT must be used in determining the successful supplier, where two or more quotes are relatively even in terms of price and quality. A Simplified Acquisition Plan (SAP) should be developed and submitted to the Assistant Director, Procurement and Contracting prior to obtaining quotes, unless otherwise approved by the Assistant Director, Procurement and Contracting. For any procurement over $22,000, no formal approach to the market should be undertaken without the submission of a completed Simplified Acquisition Plan to the Procurement Unit. Potential suppliers must receive similar clear information to base their quote on and it is preferable to invite offers in writing. The Procurement Unit can assist in developing a formal Request for Quote (RFQ) if required, particularly for the purchase of services. Sites will generally develop the specification component of the RFQ. If quotations cannot be obtained from at least three bona fide suppliers the reasons must be documented and recorded for audit purposes. The requirement for at least three quotes is considered to have been met if three or more suppliers are approached but less than three responses are received. A Simplified Purchase Recommendation (SPR) shall be developed after the quotes have been received and evaluated, and submitted to the Assistant Director, Procurement and Contracting for approval. Justification must be provided to support the chosen supplier in addition to any reasons for passing over lower offers. 11 | DECD Procurement Governance Policy | December 2014 Simplified Acquisition Plan and Simplified Purchase Recommendation templates are available on the Procurement Unit’s website along with guidelines to assist worksites to complete the forms. Upon approval to purchase, process the purchase via Basware, unless exempt under the Purchase Order Exemption Policy. Note: Simplified Acquisition Plans and Simplified Purchase Recommendations must be endorsed by the Action Director and funds are to be approved by the appropriate financial delegate before the plans are submitted to the Assistant Director, Procurement and Contracting for consideration. Note: Alternative quotes may not be required for purchases from across government or lead agency contracts. Sites should seek advice from the Procurement Unit. Note: A written Agreement must be established were the Contractor and/or its personnel are required to comply with Child Protection Obligations. A written Agreement should also be established where there are Intellectual Property, Insurance, Confidentiality or Disclosure requirements. In these cases, the Simplified Terms and Conditions contract document should be used. Please contact the Procurement Unit for assistance prior to obtaining quotations. Note: Refer to Section 4.18 for purchases of Consultancy Services. Note: Refer to Section 4.22 for Child Protection Obligation requirements * Note: All minor works must be referred to Asset Services. Schools and Preschools: A minimum of three written quotes are to be sought for goods and services over $22,000 and up to & including $220,000 (GST inclusive) and construction/minor works up to & including $165,000 (GST inclusive)*. To ensure compliance with the IPP, sites are required to seek at least one quote from a local source and provide an Employment Contribution Test for each supplier to complete and submit with their quote. Potential suppliers must receive similar clear information to base their quote on and it is preferable to invite offers in writing. The Procurement Unit can assist in developing a formal Request for Quote (RFQ) if required, particularly for the purchase of services. Sites will generally develop the specification component of the RFQ. For contracts between $22,000 and $220,000 (GST inclusive) all sites must apply the requirement to seek one local quote including the requirement to use the employment contributions test in the assessment criteria. Reasons must also be provided for passing over lower offers. If quotations cannot be obtained from at least three bona fide suppliers the reasons must be documented and recorded for audit purposes. The requirement for at least three quotes is considered to have been met if three or more suppliers are approached but less than three responses are received. Purchases may be processed locally via Local Purchase Orders (LPO) or EDSAS orders, unless exempt under the Purchase Order Exemption Policy. Note: Each year during the budget process, acquisition planning is carried out when seeking funds from school Governing Councils. As this process has already occurred at the time of procurement, schools and preschools are not required to complete Simplified Acquisition Plans or Simplified Purchase Recommendations for items within this procurement threshold. However, schools and preschools should process orders locally in accordance with all other requirements outlined above, and ensure that appropriate documentation is maintained to enable the Chief Executive to submit annual compliance statements and other procurement activity information to the SPB as required. Schools and Preschools must ensure all documentation is readily available at the department’s request. Note: A written Agreement must be established were the Contractor and/or its personnel are required to comply with Child Protection Obligations. A written Agreement should also be established where there are Intellectual Property, Insurance, Confidentiality or Disclosure requirements. In these cases, the Simplified 12 | DECD Procurement Governance Policy | December 2014 Terms and Conditions contract document should be used. This document is available as a template in the SSOnet website. Please contact the Procurement Unit for assistance if required. Note: Refer to Section 4.18 for purchases of Consultancy Services. Note: Refer to Section 4.22 for Child Protection Obligation requirements * Note: Refer construction/minor works over $165,000 (GST inclusive) to Asset Services. • 4.8.3 Purchases of Goods/Services over $220,000 (GST Inclusive)* Applicable to all Worksites including Schools, Preschools, Ministerial Committees and Child Protection and Guardianship Business Units: Public Tenders shall be called unless otherwise approved by the PGC. The Procurement Unit manages the tender process including advertising tenders. *Note: Minor works purchases over $165,000 (GST inclusive) must be referred to Asset Services. Stages that may apply for procurements over $220,000 (GST inclusive) are as follows: Acquisition Initiation Acquisition initiation results in identifying a clear and justifiable need linked to DECD business objectives. Considerations may include: Addressing the available options and the whole-of-life costs and benefits; Addressing the risks associated with undertaking or deferring the procurement; and Availability of funds. Acquisition Planning Acquisition planning must be undertaken for all procurements above $220,000 (GST inclusive) regardless of procurement strategy and approving authority. This stage produces a strategy detailing the processes to be followed in approaching the market and a development timeframe. The strategy should be based on the business need, value, risk and market conditions. The documentation required for the acquisition should match the complexity and/or cost of the intended purchase. Acquisition Plans must be submitted to the PGC through the Procurement Unit for approval unless authorisation is received from the Procurement Unit to submit a Simplified Acquisition Plan (SAP). Note: Acquisition Plan templates are available by contacting the Procurement Unit on 8226 1610 or via Procurement Unit’s web pages. Note: Where an acquisition is for a period contract with the right of renewal for an additional period, then the estimated value is taken as the total acquisition value over the period of the contract including extension options. Likewise, where an acquisition from a particular supplier is for an item made up of a number of parts or numerous items are required, the aggregate must be taken as the value of the total acquisition. Development of Market Approach Documentation At this stage the worksite finalises the specification and works with the Procurement Unit to complete the tender documentation, comprising of four parts: Invitation and bid rules; Requirements and specifications; Draft conditions of contract; and 13 | DECD Procurement Governance Policy | December 2014 Response requirements. Worksites are required to contact the Procurement Unit for direction on the preparation of relevant documents. Sites will manage the development of the specification as well as the business case (which supports the procurement) and the expenditure approval brief (including the Cabinet submission where required). Note: Refer to the Writing Procurement Specifications Guideline or contact the Procurement Unit for assistance. Approaching the Market The Procurement Unit is responsible for placing advertisements and seeking formal offers via the procurement methodology approved in the Acquisition Plan. A Procurement Unit Contracts Officer will be the contact person for the approach to the market and will manage communication with suppliers and the Project Team throughout the acquisition process. Public Tenders are advertised on the SA Government Tenders and Contracts website (www.tenders.sa.gov.au). Some acquisitions via across government or lead agency contracts may be exempt from this process and the Procurement Unit will advise sites accordingly. Tender Closing Stage and Late Tenders The Procurement Unit schedules tenders received and forwards the tenders to the Project Team for evaluation. If a tender is not received by the due date and time it is considered to be a “late tender” and as such can only be considered when it can be clearly demonstrated that exceptional circumstances have arisen. These circumstances may include: A fault in the department’s receiving arrangements for tenders; A fault outside the control of the tenderer (natural disaster, mishandling by the department, significant postal or courier service delay, major security incident, e-delivery system downtime). Late tenders can only be accepted subject to approval by the Chair of the PGC or the Assistant Director, Procurement and Contracting, and only if it can be clearly demonstrated that accepting the late tender will not compromise the integrity and competitiveness of the tendering process. Tender Evaluation Stage The evaluation of tender responses is a critical stage in identifying the best value for money solution. The process must ensure probity and transparency. An Evaluation Plan must be approved by the PGC or Assistant Director, Procurement and Contracting prior to the opening and scheduling of responses. Evaluation Team members identified in the Evaluation Plan are required to endorse the Evaluation Plan prior to examining responses. The Evaluation Team usually comprises the Project Manager and other key personnel that the Project Manager may require from a technical or other aspect. A Procurement Unit Contracts Officer will oversee the evaluation process. However, the Contracts Officer may also be part of the Evaluation Team for high cost, complex or high risk projects. Negotiation Stage There are two distinct negotiation phases (which may be combined for low complexity/low cost projects): Commercial Negotiation involves establishing the parameters for the acquisition(s) including pricing structures, obligations, quality, timeframes and reporting requirements. Contractual Negotiation involves establishing the contractual terms and conditions for the acquisition(s) in line with government requirements. 14 | DECD Procurement Governance Policy | December 2014 A Negotiation Plan must be approved by the Assistant Director, Procurement and Contracting (or referred to the PGC for approval if warranted) before negotiations commence. The Negotiation Team is usually chaired by a Procurement Unit Contracts Officer and comprises the Project Manager and other key personnel that the Project Manager may require from a technical or other aspect. In instances where negotiations are not required, a file note should be made outlining reasons for the negotiation stage not being undertaken. Purchase Recommendation A Purchase Recommendation is developed by the Project Manager in conjunction with the Procurement Unit Contracts Officer and approved by the appropriate delegate (usually at Director level or above). The Purchase Recommendation summarises the results of the market approach and puts forward a recommended supplier (or suppliers if applicable) for approval. The document details the level of compliance with the Acquisition Plan, highlighting any deviations from the original Plan and identifying the residual risks to the Minister that have not been mitigated through the market approach. The Purchase Recommendation must include reference to the acceptance/non-acceptance of a late tender. Note: Purchase Recommendation templates are available by contacting the Procurement Unit on 8226 1610 or visiting the Procurement Unit website. Contract Development and Finalisation This stage considers the finalisation of the contract document, incorporating negotiated terms and conditions and contract execution. The Procurement Unit is responsible for managing the finalisation and execution processes of the contract(s) in conjunction with the Project Manager and the Legal Services Unit. Worksites are responsible for creating Local Purchase Orders, EDSAS Orders or Basware Orders where required, with the exemption of purchases where an approved exemption is in place as identified in the Purchase Order Exemption Policy. Contract Management and Evaluation Worksites must consider how they will effectively manage the contract with consideration given to: The need for a dedicated Contract Manager; and Familiarisation with appropriate terms and conditions including performance measures. Contract Management Plans (CMP) must be drawn up by worksites for all procurements falling within quadrants 2, 3 or 4 of the SPB’s Quadrant Assessment Matrix. The Procurement Unit has developed CMP templates to assist worksites in drawing up a plan where required. Contract Management Plans should be forwarded to the Assistant Director, Procurement and Contracting for approval prior to formal handover of the contract to the worksite. The Procurement Unit has developed Contract Management Guidelines for use by worksites to assist in effectively managing contracts. Contract Variations For any contract variation or amendment that would increase the total value of the contract, appropriate approval must be sought in line with Treasurer’s Instruction 8: Financial Authorisations. For an amendment which, when aggregated with any previous amendments, does not increase the total value of the contract by more than 5% of the original contract value , the 15 | DECD Procurement Governance Policy | December 2014 amendment may be approved by the appropriate delegate as per the Approving Authority Matrix (Appendix 1). For an amendment which, when aggregated with any previous amendments, increases the total value of the contract by more than 5% of the original contract value, the amendment must be approved as if the total value of the amendment and the original contract was a new contract. Material variations to a contract must be referred to the Assistant Director, Procurement and Contracting. Worksites are encouraged to contact the Procurement Unit for advice regarding all contract variations and amendments. Contract Completion A post contract review should be undertaken for acquisitions. A review will evaluate the purchase process and the effectiveness of the goods or services in use, with a view to continuously improving the value for money for future purchases. For purchases falling within quadrants 2, 3 or 4 of the SPB’s Quadrant Assessment Matrix, a contract closure Report should be provided to the Procurement Unit within four weeks of the contract expiring. The Procurement Unit will provide direction to worksites on this requirement. The report should outline any non-compliance or non-performance matters experienced during the contract period by all parties to the contract. The report should also include variations, extensions and contractor performance appraisal. • 4.8.4 Industry Participation Requirements Quotes For procurements between $22,000 (GST inclusive) and 220,000 (GST inclusive) worksites must seek at least 3 written quotes and one must be from a local supplier. Employment Contribution Test An Employment Contribution Test (ECT) is required to be completed for all procurements between $22,000 (GST inclusive) and $1 million (GST inclusive) in regional South Australia and $4 million (GST inclusive) in metropolitan Adelaide. For contracts between $22,000 and up to & including $220,000 (GST inclusive), where two or more quotes are received, the ECT must be used in determining the successful supplier, where the quotes are relatively even in terms of price and quality. Employment Contribution Tests for procurements over $220,000 (GST inclusive) shall have a minimum weighting applied as a component of the overall evaluation criteria, and will be built into the procurement process coordinated by the Procurement Unit. Industry Participation Plans An Industry Participation Plan must be completed for all purchases that meet one or more of the following criteria: Purchase of goods and/or services over $1 million (GST inclusive) in regional South Australia and $4 million (GST inclusive) in metropolitan Adelaide; Public-private partnerships; Federally funded infrastructure and construction projects managed by State Government; and Private sector projects receiving government support exceeding $2.5 million (GST inclusive), cash or in-kind. 16 | DECD Procurement Governance Policy | December 2014 Minimum weightings may apply for Industry Participation Plans and these will be factored into the procurement process where appropriate. Note: If a contract meets one of the four criteria listed above please contact the Procurement Unit for advice and additional information. 4.9. EXCEPTIONS TO QUOTATIONS AND TENDER REQUIREMENTS The prescribed quotation or tender process may not be required for purchases from across government or lead agency contracts. In these cases an initial procurement process (the primary procurement process) will have already been undertaken, thus further procurement processes under these contracts would be classed as secondary procurements and would not be subject to the same requirements as the initial process. Additionally, in some cases a panel contract or lead agency contract may be mandated for certain agencies, or for all agencies, which will negate the need for alternative quotes to be sought from other suppliers. The Procurement Unit will provide the relevant advice. 4.10. EXPENDITURE AUTHORITY Funds must be available and expenditure approval obtained from an appropriate delegate before any procurement process is initiated. Expenditure above DECD officers’ authorities requires Minister or Cabinet approval. Financial delegations are maintained by the Financial Management Compliance Unit and are reviewed on an annual basis as a minimum. 4.11. PROCUREMENT AUTHORITY The Chief Executive has sub-delegated procurement authority to individual officers as per Appendix 1. In addition, Principals and Preschool Directors may sub-delegate their purchase authority to other key staff if required, provided that it is ratified and minuted by the relevant School Governing Council/School Council/Preschool Management Committee. 4.12. CONTRACTUAL AUTHORITY Please note contractual authority is unique and differs to both expenditure and procurement authority. Refer to the Contractual and Commercial Agreements section of the DECD Specific Financial Authorisation Register for information on the delegates approved to authorise specific contracts and agreements. 4.13. ACHIEVING VALUE FOR MONEY A key requirement of procurement within government is to achieve value for money. Cost is not the only determining factor in assessing value for money. Value for money is the optimum outcome from the combination of whole of life costs and qualitative factors. For the purchase of standard, low value items, the cost of the items may be the defining factor. However, for more complex purchases a value for money assessment should include consideration of a range of factors, including: • Quality of product; 17 | DECD Procurement Governance Policy | December 2014 • Fitness for purpose; • Potential additional costs; • Maintenance, running costs, delivery charges; • Warranties; • Disposal costs at end of life; and • Environmental and sustainability considerations. The State Procurement Board’s Supplier Selection Guideline provides practical guidance for evaluating proposals and selecting suppliers to ensure the best value for money is achieved. 4.14. ETHICAL PURCHASING REQUIREMENTS The government and members of the public have a reasonable expectation that public sector employees will maintain a high level of honesty when carrying out their duties. The Code of Ethics for the South Australian Public Sector, stemming from the Public sector Act 2009, details the ethical and behavioural requirements for public sector employees. The Code of Ethics applies to all public sector employees regardless of the nature or level of employment. The State Procurement Board has also issued a Probity and Ethical Procurement Guideline which prescribes the process for public authorities to investigate suspected unethical procurement practices and seek to resolve them. Where an unethical procurement practice is suspected at a worksite, the Procurement Unit should be notified. The Procurement Unit will determine an appropriate course of action and will provide relevant details to the State Procurement Board in accordance with the Guideline. 4.15. LIMITATION OF LIABILITY The Department of Treasury and Finance’s Guidelines for the Limitation of Liability of Suppliers, Consultants and Contractors highlights the notion that each party to an arrangement should be responsible for the financial consequences of their actions, within practical limits. Cabinet has approved a default liability cap for low risk contracts valued at up to $1 million. For example, those contracts which have been assessed as having a low risk (after risk treatments are applied) as determined by the department’s risk management rating matrix. The default liability cap for such contracts is five times the contract value and will be reflected in tender documents. Cabinet has approved a range of other default liability caps which may also need to be reflected in tender documents. The Procurement Unit will provide assistance to worksites regarding liability limitation provisions. Where a default liability cap is not applicable, the Chief Executive has sub-delegated limitation of liability approval to the Assistant Director, Procurement and Contracting. This authority may be exercised on projects classed as low risk and which fall below the value of $110,000 (GST inclusive). For guidance in determining risk levels, refer to department’s Managing Risk in Procurement document or contact the Procurement Unit for assistance. 4.16. DEVELOPING SPECIFICATIONS The extent of documentation required to obtain quotations or call tenders depends on the acquisition value, complexity and risk. The description or specification of goods and/or services must be clear and not biased towards a product or supplier. 18 | DECD Procurement Governance Policy | December 2014 The Procurement Unit has developed Writing Procurement Specifications Guideline to assist worksites with this process. 4.17. LEASING Lease arrangements should not be considered unless it is determined to be the only viable method of procurement (property leasing and vehicle leasing through the mandated across government fleet arrangements are exempt from this directive). When considering any leasing option, contact the Procurement Unit for further information and advice. 4.18. ENGAGING CONSULTANTS A ‘consultant’ is defined as: “A person who is engaged by an entity for a specified period to carry out a task that requires specialist skill and knowledge not available in the entity. The objectives of the task will be achieved by the consultant free from direction by the entity as to the way it is performed and in circumstances in which the engagement of a person under normal conditions is not a feasible alternative” 1. The engagement of a consultant is appropriate when specific skills, knowledge or expertise required to carry out certain functions are not available from within the organisation and are not conveniently available elsewhere within the public sector. Prior to engaging a consultant, contact the Procurement Unit for assistance and advice to ensure the correct procurement and departmental processes are followed. 4.19. EMPLOYMENT OF FORMER PUBLIC SECTOR EMPLOYEES Employees who accept and are paid a separation package are not eligible to be re-employed within the South Australian Public sector for a period of three years from the date of their separation, where such an engagement may breach the conditions of the separation package. This includes work for a third party, or via the employee (or any associated entity of the employee) entering into any contract to provide services to the South Australian Public Sector. The only exception is where a person who has accepted a Targeted Voluntary Separation Package (TVSP) and resigned from the South Australian Public Sector seeks to return in a voluntary capacity to the public sector. The Chief Executive (at their discretion) may accept any individual as a volunteer in the department. The above amendment does not extend to membership of, or appointment to, a South Australian Public sector/Government Board or Committee (whether statutory, advisory or otherwise) and appointment to a court or tribunal. Refer to the Department of Treasury and Finance’s TVSPs Guidelines and associated documentation for further information. 4.20. EMERGENCY SITUATION PROCUREMENT PROCEDURES Emergency provisions should be limited to situations where a real emergency has arisen and financial approvals must be obtained in accordance with Treasurer’s Instructions for any procurement undertaken. 1 As defined in the Department of Treasury and Finance, Accounting Policy Framework VI Definitions 19 | DECD Procurement Governance Policy | December 2014 An emergency (as defined in the Emergency Management Act 2004) is an event that causes, or threatens to cause: a.) The death of, or injury or other damage to the health of, any person; or b.) The destruction of, or damage to, any property; or c.) A disruption to essential services or to services usually enjoyed by the community; or d.) Harm to the environment, or to flora or fauna. In an emergency situation the procurement process must remain in line with the Procurement Governance Policy where possible, however this requirement may be waived if early response to an emergency is warranted. Where a worksite believes that an emergency situation requires the procurement of goods/services outside of the Procurement Governance Policy, the Assistant Director, Procurement and Contracting (telephone 8226 3332, email [email protected]) should be contacted in the first instance to provide direction on an appropriate procurement process. Where the Assistant Director, Procurement and Contracting is unable to be contacted, direction should be sought from the relevant worksite Director. Procurement in an emergency situation should encompass any risk management, health and safety and business continuity plans currently in place within the department. 4.21. SUPPLIER COMPLAINTS Timely investigation and resolution of complaints by suppliers is an essential requirement for maintaining good relationships between the Department and suppliers. All complaints should be referred as soon as possible to the Assistant Director Procurement and Contracting and to the Executive Officer of the PGC for investigation, with the exception of a contract that has already been established and for which the Resolution of Dispute provisions detailed in the contract will be exercised. The Executive Officer must ensure the supplier Complaints Resolution Process provided in the Board’s Supplier Complaints Policy is documented and followed. 4.22. CHILD PROTECTION OBLIGATIONS In accordance with the Children’s Protection Act 1993, Debelle Recommendation 19 and the department’s screening policy, staff are required to ensure that any contractor and/or its personnel (third party provider) engaged to: • work with children and young people; • work in proximity to children and young people without constant supervision by a DECD employee; • have access to records relating to children and young people; or • manage or supervise personnel undertaking these roles; must have a child-related employment screening assessment undertaken through the Department for Communities and Social Inclusion (DCSI) and be inducted as to their child protection responsibilities at the site. For any new arrangement with third party providers where child-related employment screening assessments are required, a written Agreement must be established which contains the model “Suitability of Persons” clause as developed by the Crown Solicitor’s Office. The written Agreements are in various forms with the appropriate type applied depending on the nature of the purchase, viz: • For Basware – answer the four mandated questions when prompted; • For EDSAS or Local Order - tick the “YES” box in the Order form; • If the Simplified Agreement is used - tick the “YES” box in the Schedule; 20 | DECD Procurement Governance Policy | December 2014 • For a range of standard contracts - eg Bus Services contracts and Cleaning contracts, the Crown Solicitor’s Office has already included the model clause in these types of contracts; and • For any other contracts that require the clause to be included, please contact the Procurement Unit who will liaise with the Crown Solicitor’s Office in order to develop the appropriate Agreement. 4.23. USE OF ESTABLISHED GOVERNMENT FACILITIES Established government facilities are those government owned and managed agencies, organisations, entities or statutory authorities that are able to provide goods or services to other areas of government. In such cases, public authorities are encouraged to utilise these established government facilities without undertaking a competitive process. 5. ROLES AND RESPONSIBILITIES Role Authority/Responsibility for Chief Executive The Chief Executive is responsible for the department’s procurement activity including the provision of reports to the State Procurement Board regarding procurement activity. The Chief Executive has sub-delegated procurement authority to the PGC and specific officers. Managers Managers are responsible for ensuring staff undertaking procurement processes are sufficiently informed about relevant procurement policies and guidelines. Managers should take reasonable steps to ensure staff are fully informed of legislative, government and department requirements in relation to the procurement of goods and/or services. Managers include Executive Directors, Directors, Assistant Directors, Principals and Supervisors. Employees Employees that are required to undertake procurement functions on behalf of their worksite should familiarize themselves and maintain currency with legislation, government and/or procurement requirements. 6. MONITORING, EVALUATION AND REVIEW The DECD Procurement Governance Policy will be reviewed in accordance with the requirements stipulated in the DECD Policy Framework. The effectiveness of the Policy will be monitored and evaluated by the Procurement Unit as part of this process. 21 | DECD Procurement Governance Policy | December 2014 7. DEFINITIONS AND ABBREVIATIONS Term Meaning Value for Money Value for money is the optimum outcome from the combination of whole of life costs and qualitative factors. Total Contract Value The total contract value includes whole of life costs and any contract extension options. Complexity and Risk Assessment Assessment of complexity and risk must be made on an acquisition basis with varying factors taken into account. Factors for consideration in determining complexity and risk may include but is not limited to: compliance with Australian standards, intellectual property issues, indemnity and insurance, consequences for failure, new versus established products, standard versus custom-built products. Contract Delegation An authority enabling the Minister, or nominated delegate, to execute contracts. Contractor A person engaged by an entity for a specified period to carry out a defined task subject to direction by the entity as to the way in which that task is performed and in circumstances in which the engagement of a person under normal employment conditions is not a feasible alternative. Financial Delegation An authority that enables a nominated delegate to authorise the commitment of expenditure within the department’s budget framework. Purchase Delegation Authority enabling the nominated delegate to authorise the purchase of goods and/or services. Risk A future condition or circumstance which could impact on objectives if it occurs. Across Government Contract A contract established for an on behalf of all government agencies, the use of which may be mandated. PGC Procurement Governance Committee SPB State Procurement Board SEG Senior Executive Group RFQ Request for Quotation RFP Request for Proposal RFT Request for Tender SAP Simplified Acquisition Plan SPR Simplified Purchase Recommendation IPP Industry Participation Plan 8. SUPPORTING DOCUMENTS 22 | DECD Procurement Governance Policy | December 2014 Simplified and Acquisition Plan Templates Simplified and Purchase Recommendation Templates Guidelines for Writing Procurement Specifications Managing Risks in Procurement Purchase Order Exemption Policy DECD Disposal Policy DECD Contract Management Guidelines Procurement Quick Guides 9. REFERENCES SPB Procurement Policy Framework and associated documents Industry Participation Policy Child Safe Environment Policy Treasurer’s Instructions and Guidelines APPENDIX Appendix 1: Procurement Delegations Appendix 2: PGC Membership Appendix 3: Procurement Flowchart 23 | DECD Procurement Governance Policy | December 2014 APPENDIX 1: PROCUREMENT DELEGATIONS Approving Authority – Table 1 Procurement Process* Up to $22,000 (GST inclusive)* Purchasing Delegation Nominated Officer Refer Table 2 Not applicable Acquisition Plan Goods and Services$22,001 to $220,000, and Minor Works from $22,001 to $165,000 (GST inclusive)* Schools / Corporate (inc Preschools Ministerial Committees) Nominated Assistant Director, officer - Refer Procurement and (1) Table 2 Contracting $220,001 to $4.4M (GST inclusive)* Over $4.4 million (GST inclusive)* CE/Chair PGC(1) State Procurement Board Refer item 4.8.2 Worksite Director endorsement and Assistant Director, Procurement and Contracting approval Worksite Director and Assistant Director, Procurement and Contracting endorsement and PGC approval Worksite Director endorsement and Assistant Director, Procurement and Contracting approval Worksite Director and Assistant Director, Procurement and Contracting endorsement and PGC approval Minister or nominated Delegate Procurement Unit consolidates work site reports for PGC to SPB Worksite Director, Assistant Director, Procurement and Contracting and PGC endorsement and State Procurement Board approval Worksite Director endorsement and Assistant Director, Procurement and Contracting approval Tender Documents, including Evaluation Plans and Negotiation Plans Not applicable Refer item 4.8.2 Worksite Director endorsement and Assistant Director, Procurement and Contracting approval Purchase Recommendation Not applicable Refer item 4.8.2 Worksite Director endorsement and Assistant Director, Procurement and Contracting approval Signing of Contract Minister or nominated Delegate Not applicable Minister or nominated Delegate Procurement Unit consolidates work site reports for PGC Minister or nominated Delegate Procurement Unit consolidates work site reports for PGC Monitoring PGC if as per Acquisition Plan. Otherwise State Procurement Board with PGC endorsement Minister or nominated Delegate Procurement Unit consolidates work site reports for PGC to SPB * Corporate Sites: All minor works to be referred to Asset Services. * School/Preschool sites: All minor works above $165,000 (GST inclusive) to be referred to Asset Services. 24 | DECD Procurement Governance Policy | December 2014 APPENDIX 1: PROCUREMENT DELEGATIONS (Cont) Approving Authority - Table 2 PURCHASE DELEGATION (GST Inclusive) DELEGATE (1) Chief Executive $4.4 million (1) Chair PGC $4.4 million (1) Assistant Director, Procurement and Contracting Principals / Pre-school Directors (1) (2) $220,000 $220,000 Statutory Authorities and Ministerial Committees that have elected to operate within the DECD Procurement Governance Policy $22,000 Work Site Financial Delegates (where not specified above) Commensurate with financial delegation up to a maximum of $22,000 Purchase Card Holders Up to designated transaction limit Petty Cash Up to designated transaction limit 1. Where contracts exist, the purchase authority is up to value of contract & within the expenditure approval. 2. Principals / Pre-school Directors may sub-delegate their purchase authority to their key staff if required, providing that the sub-delegations are ratified and minuted by the school’s Governing Council. Ministerial Boards and Committees operating within DECD Procurement Governance - Table 3 Advisory Committee on Non-Government Schools School Loans Advisory Committee Ethnic Schools Board Ministerial Advisory Committee - Students with Disabilities Multicultural Education Committee Teachers Appeal Board Planning Committee for Non-Government Schools South Australian National Partnerships Council - Schooling Education and Early Childhood Services Registration and Standards Board of South Australia Council for the Care of Children Dame Roma Mitchell Foundation for Children and Young People Board Child Death and Serious Injury Review Committee South Australian Teaching Certification Committee 25 | DECD Procurement Governance Policy | December 2014 APPENDIX 2: PGC MEMBERSHIP Title Executive Director, Infrastructure (Chair) Director, Asset and Business Services (Deputy Chair) Assistant Director, Financial Compliance and Accounting Director, Intervention, Improvement and Programs Assistant Director, Procurement and Contracting Consultant, Procurement Services (Executive Officer) 26 | DECD Procurement Governance Policy | December 2014 APPENDIX 3: PROCUREMENT FLOWCHART Note: All values stated are inclusive of GST. User Identifies Need 1. Obtain appropriate Identify value of project (Estimate if not known) Value up to & including $22,000 Minimum 1 verbal or written quote required – process locally via Basware order, EDSAS order, or Local Purchase Order in accordance with DECD policy. 2. authority to incur expenditure Ensure funds are available Value $22,001 to $220,000 3 written quotes required and completion of Employment Contributions Test by each supplier. Schools & Preschools – Process locally. Corporate – Prepare separate Simplified Acquisition Plan and Simplified Purchase Recommendation as required and forward to the Assistant Director, Procurement and Contracting for approval. Upon procurement approval, worksite is to prepare a Basware Purchase Order unless a specific exemption has been granted as per the DECD Purchase Order Exemption Value $220,001 and above Prepare Acquisition Plan and Forward to Assistant Director, Procurement and Contracting Procurement Unit will: Create File Check Funds & Project Approval Develop the Executive Summary Require details of the Project committee (names) representing end-users and relevant parties. If funds & project are approved, Procurement Unit will seek Procurement Governance Committee (PGC) approval if less than $4.4 million, or State Procurement Board approval (through the PGC) if greater than $4.4 million*: Approvals above the Department’s authority require external approval viz: • Minister up to $11 million except for Works, Land and Office accommodation (leasing and fitout) - $4.4 million • Cabinet approval is required for all expenditure above the Minister’s delegation. CONTINUED 27 | DECD Procurement Governance Policy | December 2014 APPENDIX 3: PROCUREMENT FLOWCHART (Cont) Tender Process (unless an alternative procurement process is approved by relevant Procurement Delegate) Once acquisition plan has been approved Procurement Unit will: Follow up Specifications/ Evaluation criteria/weightings with user Seek legal advice if required Finalise Tender documents and confirm details with Project Manager. Approval by Assistant Director, Procurement and Contracting. Calling Tender Procurement Unit will: Advertise on SA Tenders and Contracts website. Update Tender Board. Send Tender documents to prospective Tenderers if required. Close Tender at appropriate time. Evaluation/Recommendation Overseen by Procurement Unit in consultation with Project Team Project Team undertakes Evaluation Procurement Unit & Project Team develop Evaluation Plan Recommendation to: • Asst Dir, Procurement and Contracting if less than $220,000 • Procurement Governance Committee if over $220,000 Procurement Unit opens & schedules Tenders & forwards Tenders to Project Manager (unless otherwise specified by the State Procurement Board) Finalisation Stage Managed by Procurement Unit Upon receipt of approved Purchase Recommendation Send final contract to Tenderer for execution Contract negotiation Procurement / Legal finalise contract. Work site confirms contract details. Letters sent to successful/ unsuccessful Tenderers. Contract executed by Minister or nominated delegate Details to Contracts Officer for final recording & filing Contract Managed by Business Unit/Site Contract Management Plan required for quadrant 2, 3 or 4 procurements. Contract Management Plan Template will be provided by Procurement Unit to work site for completion. 28 | DECD Procurement Governance Policy | December 2014