(1) The purpose of this document is to set out procedures for the procurement of goods and services, as introduced by the Chief Financial Officer from time to time. The Procedures are for use at University of Canberra (University) by the University Group, being UC and its controlled entities i.e.: UCU Pty Ltd, University of Canberra College Pty Ltd, or any other controlled entity of the University that exists from time to time. (2) These Procedures describes the procurement cycle and how purchasing activities are to be conducted. In addition to the acquisition of goods and services by University Group for its own use, these procurement procedures include the purchasing of goods and services on behalf of University by another agency or a third party. (3) Procurement encompasses the end to end process of acquiring goods and services. It begins when a need has been identified and ends with the awarding of a contract and/or delivery of and payment for the goods and services. It can also include, where relevant, the ongoing management of the contract and consideration of disposal of goods. (4) Procurement does not include: (5) Refer to Procurement Policy. (6) Obtaining value for money does not mean that University is obliged to accept the lowest price. Value for money is about obtaining the best quality and value for the price offered and ensuring that the quality of the goods or services meets University’s requirement and budget. (7) Factors which may be considered in assessing value for money include: (8) Providing for ethical and fair treatment of potential suppliers means conducting all dealings in an open, honest and impartial manner. (9) All procurement must be undertaken in a manner that ensures: (10) Risk Management is about ensuring potential risks associated with the purchase of goods or services are identified, assessed and managed to minimise unexpected or undesirable outcomes while achieving maximum benefit from the procurement. (Refer to the Risk Management Plan). (11) The principles of accountability, transparency and probity exist to ensure the integrity of the procurement process and actions taken by University staff. (12) All procurement must be undertaken in a manner that ensures: (13) A Probity Advisor is a University individual or external organisation engaged to observe, review and provide guidance on the probity framework and/or processes of a procurement project, with the primary concern being the integrity of the procedures and processes adopted. That is, the focus is on the process, not the end result of the project. The advisory role is essentially preventive. For this reason, if a Probity Advisor is to be used for high risk or high value procurements, they must be engaged at the earliest stage possible, ideally to assist with project establishment, and before any significant issues arise. (14) A Probity Advisor has three main roles: (15) A Probity Advisor cannot be expected to: (16) The fianncial schedule in the Delegations of Authority Policy establishes the framework for delegating financial authority within University and mechanisms by which University enables staff to take financial related action on its behalf. (17) A Purchaser does not have to hold a delegation in order to submit a Request for Purchase Order, however all Requests for Purchase Orders must be approved and signed by the appropriate ‘Financial Delegate’ before a formal University Purchase Order is raised. By signing the Request for Purchase Order the Financial Delegate is confirming the need for the purchase and that funds are available to make the purchase. (18) Staff issued with a University Corporate Credit Card are authorised to incur expenses and conduct procurement to a pre-determined value. A Corporate Credit Card is the preferred mechanism for ordering and paying for goods and services up to a value of $5,000. (19) All computers (Desktop Computers, Mobile computer, Laptops etc.) regardless of the price, are officially registered as University assets and must be obtained through Digital, Information and Technology Management (DITM) procurement. This equipment must not be purchased on a University Corporate Card nor reimbursed through University’s expense management system (iCMS). This includes purchases under grant conditions. The purchases made outside the DITM method are not supported by DITM on the University network. (20) An SOA is a general agreement between University and a supplier which defines: (21) Where SOA and Panels have been established for the provision of certain goods or services, the use of companies outside these arrangements must be approved by the Chief Financial Officer. (22) As an ACT statutory body, University is entitled to utilise current supplier arrangements put in place by Procurement ACT. In the situation where there is no University SOA in place for particular goods/services, a University Purchaser has the option of utilising Procurement ACT arrangements. Purchasers will still need to obtain quotes from these suppliers as per this Procedure. (23) There are 4 monetary thresholds, all GST exclusive, and each has its own procurement process requirements. The full value of the purchase must be taken into account when deciding on the threshold of the proposed procurement. Goods and services being procured must not be split into components or a succession of orders for the purpose of avoiding requirements of this manual. Any financial extension to Purchase Orders must be approved by the original Delegate or at a higher level if the total cost is outside their delegation. All proposed purchases must have prior “in principle” agreement and support from the delegate. (24) Goods and Services (excluding those items purchased through an SOA or considered ad-hoc minor consumables, e.g. printing; office consumables; laboratory consumables; conference registrations etc.) require one written quotation as a minimum, and may be paid by: (25) Obtain “in principle” agreement and support from the delegate for the proposed purchase. (26) Request a Trim folder and use the Trim no. as the contract reference number. (27) Plan and document procurement strategy prior to seeking quotations/bids. The planning must include consideration of: (28) Consult with Procurement & Contracts if complex, high risk or over $50,000.00 (29) Obtain 3 written quotations based on a written scope of requirements. An RFQ document may be used to obtain the written quotations. (30) The request for quotation should include the following information for potential suppliers: (31) When obtaining and recommending written quotations the Purchaser should ensure that: (32) Select Supplier/Contractor based on Value for Money. (33) Refer to Legal for contract advice and approval (Legal@canberra.edu.au) (34) Raise a Request for Purchase Order with quotation and approved procurement plan attached for reference. (35) Forward the approved Request for Purchase Order, signed by the appropriate Financial Delegate, to Finance for processing. (36) Forward a copy of the signed contract to Procurement & Contracts for inclusion in the Contract Management Register and send the original contract, in the Trim file, to Registry. (37) Obtain “in principle” agreement from the appropriate delegate for the proposed procurement. (38) Appoint a Project Manager. This Project Manager may become the Contract Manager, if required, once the procurement process is complete. (39) For high risk or high value procurements appoint a Probity Advisor if required (refer clauses 13 – 15) (40) Plan Procurement with involvement of Procurement & Contracts staff at the earliest practical opportunity. (41) A Procurement Plan must be prepared and approved by the appropriate delegate before inviting bids. The purpose of this plan is to confirm that appropriate procurement planning has been undertaken and to ensure that, before calling for quotes or tenders, key issues have been addressed and that a clear and logical, fair and ethical approach to the market will achieve value for money for University. The plan should summarise a range of factors including (but not limited to): (42) Establish an Evaluation Team. That team must be agreed with Procurement & Contracts and should include (but is not restricted to) key stakeholders, the Project Manager, category experts, and end users of the services or goods. (43) A Risk Assessment must be prepared for all procurements greater than $200,000, in accordance with the Risk Management Plan. (44) Prepare tendering documentation (refer Procurement & Contracts). The documentation must be in UC’s agreed form and should include: (45) Prepare a Tender Evaluation Plan. This must be prepared and signed off by the members of the project or evaluation team, prior to the release of the RFP/T. Each member of the Evaluation Team must sign a Conflict of Interest Declaration (templates available from Procurement & Contracts). (46) A procurement of this value must go to “open tender” to attract the strongest field of suppliers. (47) The justification for not pursuing an open tender must have signed approval from the appropriate delegate. (Refer clause 3.10) (48) Obtain “in principle” written agreement from the appropriate delegate for the proposed procurement (ie. Vice-Chancellor or Council). (49) Appoint a Project Manager. It is advisable that this Project Manager will become the Contract Manager, if required, once the procurement process is complete (50) Appoint a Probity Advisor. (refer clause 1.4) (51) Plan Procurement with involvement of Procurement & Contracts staff at the earliest practical opportunity. (52) Prepare a Procurement Plan before inviting bids. The purpose of this plan is to confirm that appropriate procurement planning has been undertaken and to ensure that, before calling for quotes or tenders, key issues have been addressed and that a clear and logical, fair and ethical approach to the market will achieve value for money for the University. The plan should include (but not be limited to): (53) Establish a Project Control Group (PCG) to oversee the process. (54) Establish a Project/Evaluation Team. Must be agreed with Procurement & Contracts and should include (but is not restricted to) key stakeholders, Project Manager, category experts, and end user staff. Procurement Officer is to attend for advice. (55) Prepare a Risk Management Plan. (56) Prepare tendering documentation (All tender documents and contracts must be in University’s agreed form. Procurement & Contracts will consult with Legal.) which must include: (57) Prepare a Tender Evaluation Plan which must be signed off by the members of the PCG prior to the release of the RFP/RFT. Each member of the Evaluation Team must sign a Conflict of Interest Declaration and Confidentiality Undertaking form. (58) A procurement of this value must go to “open tender” to attract the strongest field of suppliers. The justification for not pursuing an open request must have signed approval from the appropriate delegate. (Refer 59 and 60 Exemption Process for Procurements) (59) The requirement to obtain the minimum number of quotes, or deviate from open tender, may be dispensed with on one of the following grounds: (60) Direct sourcing must not be used to avoid competition or discriminate against any potential supplier. The requirement to achieve value for money remains paramount. (61) For procurements up to $200,000 it is permissible to use a Request for Quotation (RFQ) as an additional option. RFQs should include specifications of the goods/services to make sure all the suppliers are bidding on the same goods/service. (62) Openly advertised to the public. (63) Purchaser has a firm idea of the solution they require and has compiled a performance specification with most likely some technical requirements. (64) This process is used for short listing suppliers in the first step of a competitive process to determine their capability or capacity to respond to a Request for Tender (RFT). (65) This process should not be used as an alternative to supply market analysis and market sounding, but rather as part of a staged approach to ensuring that only competitive firms respond via an ‘RFT’ (ie must go to RFT or RFP). (66) Openly advertised to the public. (67) Purchaser has a firm idea of the solution they require and has compiled a performance specification with most likely some technical requirements. (68) This process is used in a competitive market and where market soundings have confirmed a viable level of interest and capacity amongst prospective suppliers. (69) This process can entail multiple phases for more complex requirements and is the most viable and transparent procurement method. (70) A Purchaser would most likely use a blend of a performance and technical specifications for this tendering option. (71) Openly advertised to the public. (72) Purchaser is open to suggestions for appropriate solutions. A functional specification will likely be used in this case. (73) This process is used to encourage suppliers to propose solutions to achieve a desired outcome or resolve a specific problem, especially for larger, more complex requirements, or to demonstrate a capability. (74) An RFP should focus on the broad capabilities or capacities of suppliers to meet the need. (75) There is generally more scope for suppliers to provide innovation or alternative options via an RFP than in other methods. (76) The Purchaser may select who they wish to invite to tender, instead of advertising the RFT or RFP to the open (public) market. (77) Select tendering is not the preferred approach, but is acceptable after a shortlisting process, preceded by an EOI or ROI. (78) Generally, select tendering is also acceptable for construction works only where the University has already pre-qualified a panel of preferred contractors through an openly advertised EOI or ROI process. (79) Tender documents must be clear, concise and accurate and include: (80) All tender documentation is to be emailed to Procurement & Contracts prior to tendering. The tender process will be managed by Procurement & Contracts, via University’s electronic tendering system (Tenderlink), with the involvement of the Purchaser. After the tender closes, all tender documents will be given to the evaluation panel for evaluation. Late submissions will not be accepted, except where the University determines that a mishandling has occurred or if there are extenuating circumstances. (81) Briefing Sessions with prospective tenderers are aimed at ensuring tenderers are fully aware of the scope of the tender, the tender documentation and the proposed commercial terms and conditions. Briefing sessions should be arranged when the scope of the work or service is unusual or complex or when there is a need to specifically highlight certain aspects of a tender process or the tender documentation. Sessions should be conducted in the form of a meeting with all tenderers present and should be made mandatory for all those who potentially wish to submit a tender. Discussion should be documented. (82) When receiving and answering questions put forward by prospective tenderers during the tender period: (83) Procurement & Contracts must coordinate this process. (84) Other than through briefings written question and answer processes, contact with potential tenderers should be avoided in the period immediately prior to and during the processing of a tender. University staff must not accept any gifts, and must refuse any invitations to events and the like put forward by potential tenderers during the preparation, issuing and consideration of tenders. (refer Charter of Conduct and Values) (85) If presentations by short listed tenderers are required they must be undertaken consistently and fairly. All presenting tenderers should be given the same period of time in which to present and the format of presentation should be similar. Tender presentations should not be an opportunity to revise a submission but rather a means of further refining the shortlist process. (86) All tenders shall undergo a formal evaluation process: (87) Following the identification of a preferred tenderer an evaluation report shall be prepared which should detail, but not be limited to: (88) Any decision to repeat the tendering process should be made only in unavoidable circumstances. Recalling tenders to obtain a better price should be avoided. (89) Procurement & Contracts is responsible for organising the award of the contract, the preparation or review of the contract documentation (in conjunction with Legal), and advice to unsuccessful tenderers. Advice of the outcome to all tenderers should be made immediately after the award of contract unless the Evaluation Team advises/agrees otherwise. (90) Post tender debriefs may be conducted with unsuccessful tenderers if they are requested. Debriefs should be provided in a reasonable timeframe by the Chairperson of the assessment panel with at least one other panel member present. Minutes of the discussion must be recorded and filed. (91) Formal complaints associated with the outcome of a tender or quotation process are to be referred to the Chief Financial Officer for facilitation and resolution. (92) Originals of all signed contracts must be filed in a separate TRIM file and sent to Registry. (93) A copy of the signed contract must be forwarded to Legal and/or Procurement & Contracts for inclusion in the Contract Management Register. (94) All suspected breaches of University policy and procedures in relation to procurement should be reported to the relevant Supervisor, who must immediately investigate and advise the Chief Financial Officer of the outcome of each reported breach. All reports received will be treated with appropriate concern for the law, privacy and confidentiality. Breaches of University policy and procedures in relation to procurement will be dealt with in a timely manner in accordance with the relevant Enterprise Agreement. (95) Refer to Contract Management Procedures Manual. (96) Ideally, the Contract Manager should be designated prior to the commencement of the procurement process. (97) Developing and implementing a contract management strategy should start early in the procurement process so that contract management requirements (eg Key Performance Indicators) are included in the draft contract. Refer to Contract Management Procedures Manual (98) During or after engagement of the service provider the contract manager must take responsibility for the contract management process. (99) Staff within faculties and support units may carry out procurement activities to a value of $200,000.00, however a specialist group of procurement professionals (Procurement & Contracts) within Finance provides general procurement and policy advice, maintains procurement systems and templates, and conducts some University wide procurements. Legal advice on procurement is provided through the University Legal office. (100) Irrespective of value, all intending Purchasers are responsible for identifying and planning their procurement processes. Procurement planning should take into account the following considerations (Refer clause 23 for individual thresholds):Procurement Procedure
Section 1 - Purpose
Section 2 - Scope
Part A - What is Procurement?
Top of PageSection 3 - Policy
Section 4 - Procedure
Part B - Procurement Principles
Value for Money
Ethical and Fair Treatment for all Potential Suppliers
Risk Management
Accountability, Transparency and Probity
Role of a Probity Advisor
Part C - Financial Delegations
Purchase Orders
Credit Cards
Part D - Procurement Processes
IT/Desktop Computer/Mobile Computer (e.g. laptop,Tablet and Phone) Purchases
Standing Offer Arrangements (SOA)
Using ACT Government SOA
Procurement Thresholds
Procurements up to and including $20,000
Procurements Less than $20,000.00
(GST exclusive)Procurement Types
up to and including $20,000.00Is a Quotation Required?
Is a Purchase Order Request Required?
What Payment Options are Available?
IT equipment cannot be purchased by an individual. IT equipment eg all IT/Desktop/Mobile Devices must be obtained through DITM. (Refer clause 19)
Purchase through an existing SOA. eg:
Refer to Preferred Suppliers for a full list of Standing Offer arrangements.
Note:
If you do not have a financial delegation or a credit card you can only initiate the transaction but not approve the final purchase.
No
Yes
Optional
Yes
Ad-hoc purchase of minor consumables eg:
No
Corporate credit card preferred, only to the value allowed to the card holder
Other services and equipment up to and including $20,000 not included above.
Yes – one (1) written quote
Optional - but recommended
Procurements from $20,000 up to and including $200,000
Procurements from $200,000 up to $1,000,000
Procurements $1,000,000 and Above
(contact the Procurement & Contracts Team).
Exemption Process for Procurements
Where such circumstances exist, the approval of the appropriate delegate must be obtained to vary the specific requirements in this Procedure. The form “Exemption from Quotation or Tender” (Templates available from Procurement & Contracts) must be used as the basis for obtaining this approval. This must be kept on file.Part E - Tendering Advice for Procurements
Tendering Options for purchases up to $200,000
Tendering Options for purchases over $200,000
Expression of Interest (EOI) or Registration of Interest (ROI)
Request for Tender (RFT)
Request for a Proposal (RFP)
Select RFT or Select RFP
Tender Documents
Tender Lodgement
Pre-Tender Briefings
Questions from Tenderers
Contact with Tenderers
Tender Presentations
Tender Evaluation
Tender Evaluation Reports
Tender Award
Tender Debriefing
Debriefing should be limited to:
Complaints
Storage of Signed Contracts and the Contract Management Register
Breaches of the Procurement Process
Part F - Relationship Between Contract Management and the Procurement Process
Developing a Contract Management Strategy
Section 5 - Roles and Responsibilities
Responsibilities of Procurement
Procurements Valued above $200,000.00 Must be Referred to Procurements and Contracts.
(refer to Part D of this Prpcedure).
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