Agency B Procurement Process Business Process Map Event Analysis and Review of Commonwealth Procurement Processes for procurements under $80,000 Client Department of Finance and Deregulation Date Version 30 May 2011 FINAL 1.0 ThinkPlace Team Raffaella Recupero Mark Thompson AUSTRALIA NEW ZEALAND LEVEL 1 UNIT 3 GREEN SQUARE KINGSTON 2604 P +61 6282 8852 F +61 2 6282 8832 WWW.THINKPLACE.COM.AU Agency B Proposed Procurement Process About this document This document contains a business process map for procurements under $80,000, which specifies the requirements set out in Agency B’s Chief Executive Instructions (CEIs), operational guidelines and other internal guidance, as well as the overarching requirements of the Commonwealth Procurement Framework. ThinkPlace has worked with a small group of people in Agency B to develop this document. Contents Intent Statement Agency B CEI snapshot – current state 3 4 Business process maps Role statements Map Levelling Level 0 map Level 1 map 5 6 9 10 11 Process analysis Process issues, pressure points and suggestions for improvement 16 17 ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 PAGE 2 Agency B Proposed Procurement Process Intent A standardised, simple and safe process for all FMA agencies conducting procurements that fall under the $80,000 threshold SYSTEM IN FOCUS The FMA Act and Regulations set the framework for the proper management of public money and public property in the custody and control of the Commonwealth. The Commonwealth Procurement Guidelines (CPGs) articulate the Government’s expectations for all department and agencies conducting procurement. Agencies have evolved their procurement policies and practices within the context of the agency’s organisational structure, delegations, approval processes etc. Under the FMA Act, 104 FMA agency CEOs have devolved authority to manage public money within their agency. Agency specific policies and procedures are contained with large and complex volumes of CEIs, departmental policy documents and protocols. CURRENT STATE APPROACH FOR BRIDGING THE GAP FUTURE STATE Where are we now? Analysis of ‘2008-09 AUSTENDER statistics indicate 85,000 contracts (over $10,000) were awarded. The total value of these contracts approx. $35bn. Of those contracts, about 65,000 contracts falling under the $80,000 threshold were awarded. The total value of these contracts was about $12.6bn. Over 80% of the total number of contracts correspond to about 4% total value. An APS 5/6 can spend up to 80% their time on low value contracts Low value contracts translate to a high administrative burden Agencies have tailored procurement approaches reflect organisational structure, authority and delegations, approval processes, risk appetite, level of IT maturity, and resourcing, reporting processes and systems Procurement functions differ in agencies – some functions are centralised, some are decentralised Participating agencyes have undertaken work to review CEIs, processes and protocols Whole of Government CEIs are under development Work has also been undertaken to simplify the standard short form contract, reducing the number of pages from 80 to 6 How do we get there? Analyse and review Commonwealth procurement practices currently employed by selected agencies when conducting procurements under $80,000, identifying issues, pressure points and opportunities for improvement, and on that basis making recommendations for simplifying and streamlining processes. What do we need to do? What would success look like? A better practice model for procurements under the threshold that: − Standardises the process across FMA agencies − Makes it easier for staff to know what to do and how to conduct procurements − Reduces administrative burden Finance will be able to use the project findings and recommendations as a basis for presenting a better practice model to FMA agencies, where appropriate. The project will influence agency CEIs and processes Who do we need to involve? Finance’s Procurement Policy Branch Procurement Policy Areas and representatives from line areas What do we need to consider? Avoid overengineering or over prescribing Aim to set a benchmark Impact on behavioural change DRIVERS FOR CHANGE What is the problem/ opportunity? Agency procurement processes are complex, confusing, and onerous for staff Requirements vary from agency to agency – processes are not standardised across government Suppliers are frustrated Focussing question How can we standardise and streamline the process for procurements under the $80,000 threshold, making it less onerous FMA agencies, while also maintaining the integrity of the FMA Act? Out of scope The project will not to assess how well agencies implement the CPGs and relevant FMA legislation when undertaking procurements The project will not redesign policy Timing April • Intent, planning and agency engagement • CPG process modelling May • Agency CEI process mapping • Case study development by agencies • Case study analysis June • Synthesis • Design ‘better practice model’ ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 PAGE 3 Agency B Procurement Process Snapshot of agency requirements specified by CEIs PRINCIPLES/ OUTCOMES • All procurement must represent value for money and the efficient, effective and ethical use of Commonwealth resources • All purchases must be made in accordance with the CPGs and the department’s Procurement Guidelines (including checklists) • All potential suppliers must be treated equitably • Offers of gifts or hospitality in connection with, or in close proximity to, any procurement activity must not be accepted (transparency) • Procurement processes must be accountable, transparent and able to withstand scrutiny PROCESS RULES – workflow • Tender documentation must be approved by the delegate before the request for tender is released to the market • All purchases must be approved prior to the purchase by an appropriate FMA regulation 9 delegate and, if required, an appropriate FMA regulation 10 delegate • Reg 8 requirements met before contract • Procurement processes and decisions must be documented and records must be retained for 7 years after completion for standard contracts and 12 years after completion for tenant leases and deeds, such as deeds of standing offer • Register and ensure contract on contracts register PROCESS CONDITIONS/ STANDARDS • All members of tender evaluation panels must have received procurement training • Procurement arrangements should not contain contingent liabilities unless they are considered remote and immaterial. • Legal and probity advice must be obtained for material contracts in accordance with the department’s Procurement Protocols • Declare and manage any actual or perceived conflicts of interest. For actual conflicts of interest this may involve removing oneself from the process • Maintain complete and accurate records of procurement activities on file. Sufficient documentation must be kept on file to provide an understanding of the reasons for the procurement, the process that was followed and all relevant decisions, including approvals and authorisations and the basis of these decisions • Mandatory procurement reporting requirements apply to the department and are outlined in the department’s Procurement Guidelines. Minor purchases (under $20,000) • Existing arrangements (corporate contracts, panels and whole of government arrangements) must be used where appropriate • In the ACT the department’s E-procurement system must be used to purchase stationery, toner and copy paper • Where e-procurement and existing arrangements are not suitable, minor purchases are to be made using corporate credit cards wherever possible. Medium purchases (from $20,000 to less than $80,000 including GST) • Existing arrangements (corporate contracts, panels and whole of government arrangements) must be used where appropriate • Where existing arrangements are not appropriate, medium purchases are to be made by obtaining and evaluating quotes from the market and selecting a preferred provider. A minimum of three quotes should be obtained wherever possible TOOLS • Checklists • Procurement Protocols • E-procurement system • Contracts register • Purchase orders ROLES & RESPONSIBLITIES Responsibilities are specified for the following roles Officials A person who is in or forms a part of this agency. The term is also extended to mean employees, contractors, consultants or other Commonwealth or state or territory government officials who are performing tasks or procedures for or on behalf of Agency B • obtain approval from an FMA regulation 9 delegate provided in writing for medium and major purchases but can be provided verbally for minor purchases (but the approval should be written down as soon as possible after the it was given) • obtain written approval from an FMA regulation 10 delegate (for insufficient existing administered appropriation) • Maintain records • Register all procurements and consultancies contracts valued at $10 000 or more (GST inclusive) on the department’s contracts register and raise a purchase order Delegates • ensure that the requirements of FMA regulation 8 have been met before they enter any procurement arrangement • not act as delegate for procurement activities which they have managed and conducted themselves • declare any actual or perceived conflicts of interest • only approve the purchase of goods and/or services of a nature and value consistent with their delegation • ensure all procurements and consultancy contracts valued at $10 000 or more (GST inclusive) are accurately registered on the department’s contracts register and that a purchase order has been raised. ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 PAGE 4 Business process maps AUSTRALIA NEW ZEALAND LEVEL 1 UNIT 3 GREEN SQUARE KINGSTON 2604 P +61 6282 8852 F +61 2 6282 8832 WWW.THINKPLACE.COM.AU Agency B Procurement Process Role statements End User (Business Line) What are my obligations under the Commonwealth Procurement Framework? Awareness that Reg 9 and 10 have been adhered to What is my role? What are my responsibilities? Ensure that operational requirements are met Identifying procurement need Requesting procurement activity Using the end result of the procurement Procurement Officer Delegate What are my obligations under the Commonwealth Procurement Framework? Awareness and adherence to process in accordance with CPGs, FMA, and internal CEIs and guidance material o Value for money o Economical o Ethical o Efficient o Accountable o Transparent What is my role? What are my responsibilities? Provide advice regarding procurement and reporting Seek approvals I support and advice the End User I go to the PAU for advice and clarification What are my obligations under the Commonwealth Procurement Framework? FMA Reg 9 approval to spend money Understand budget and determine whether funds are available for procurement Ensure Reg 10 is confirmed if required Determine whether procurement activities meet best value for money Confirm all business case and procurement process meets Agency B CEIs and Procurement Guidelines Ensure risk evaluation meets procurement type Provide FMA 44 approval to enter into an arrangement Ensure suitable records and filing is completed Provide input into the Annual Procurement Plan What is my role? What are my responsibilities? As above What are my concerns? That the end result meets my needs and works on an operational level o Simple streamlined process that doesn’t cause a high administrative burden o I want to know who to talk to is the result does not work – when and how will it be fixed? o Can I change the result if it does not work? I only want go through procurement process once, with minimal effort and resources consumed What are my concerns? Too much paperwork to read through Having PAU ringing and confirming my details Confusion regarding which tender processes I should use o Open o Direct o Select Alignment of procurement principles to business needs Meeting timeframes set by end user Translating business need and requirements Budget and resources Lack of clarity of my role and responsibilities Guidance and advice isn’t always user friendly The need to provide an audit trail and documentation What are my concerns? Have we completed the best value for money procurement method? Is the process defensible and accountable and will this be reported correctly Lack of training and understanding of my responsibilities Has due process been followed? I rely on the procurement officer to ensure process is defensible Lack of induction - ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 PAGE 6 Agency B Procurement Process Role statements Procurement Advisory Unit (PAU) What are my obligations under the Commonwealth Procurement Framework? Provide independent review for appeals Ensure contracts >= $10,000 entered into AusTender Ensure data integrity regarding reporting obligations under CPGs (i.e. APP, Senate Order, Annual Reports) What is my role? What are my responsibilities? To provide advice to line areas conducting procurement so that they meet the obligations of the FMA/ CPGs while still meeting their business need Meeting Departmental reporting requirements – Annual Plan, Senate Orders, annual Procurement Plans Integrity of data in contracts register Rely on contracts register for reporting Provide and maintain procurement tools (e.g. checklists, templates) What are my concerns? Not given full information by Line Area which may lead to providing incorrect advice We do not have visibility/ oversight of what the Line Area are doing. Should PAU be a process checkpoint? Even if they do seek advice, do they follow it? Are delegates supportive of following the procurement process? Delegates can influence procurement officers/ end users Specialist (Legal) Payment Processing What are my obligations under the Commonwealth Procurement Framework? None specifically under the FMA (but need to adhere to Legal Services Directions and professional obligations) Compliance with legal services direction Legal signoff for contracts What are my obligations under the Commonwealth Procurement Framework? Delegate review of FMA delegation o 10% sample of payments under $500,000 Ensure purchase order referenced in claim for payment o Links in with contract register (PIN allocation) What is my role? What are my responsibilities? To provide legal. Probity advice, as instructed, in accordance with the law, FMA, CPGs What is my role? What are my responsibilities? Payment of invoices including adherence and payment to Small Business Circular Requirements Recording/ entering existing/ new supplier information Adherence to GST legislation Record/ audit trail What are my concerns? Officers do not follow advice Officers do not provide all details and therefore compromise advice If legal advice is not sought/ factored into the procurement process, there is a risk to the reputation of the organisation and possible legal action What are my concerns? Lack of detail on Claim for Payment (CFP) form to meet payment terms Invoices that do not meet GST requirements Has appropriate delegate approval been granted (evidenced by delegate signature on CFP)? ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 PAGE 7 Agency B Procurement Process Role statements Supplier What are my obligations under the Commonwealth Procurement Framework? None specifically What is my role? What are my responsibilities? Provide quotes Provide good(s)/ service(s), in line with contractual obligations, including ongoing contract management Issue invoices Follow up on outstanding payments if required What are my concerns? Late payments Transparency of procurement process Time taken to complete procurement process Different procurement requirements between agencies Competitors having an unfair advantage ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 PAGE 8 Agency B Procurement Process Map Levelling Level 0 – Process phases This map provides an overview of the entire process end to end, including the process triggers, process phases, and main workflows. Level 0 Level 1 – Process activities These maps drills down into each of the Level 0 process phases, detailing the activities that occur. Level 1 Level 2 Level 2 – Procedural tasks, support products and systems Level 2 is not generally documented as a map, but rather references guidelines, operational instructions, instruments and / or business systems such as databases. These things underpin the delivery of a process. Symbols Trigger Activity Document Decision Ongoing Activity End Workflow Database/ Storage ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 Off page connector PAGE 9 Agency B Procurement Process Level 0 – Process Phases End User Identify need Plan procurement Business Line Procurement Officer Delegate PAU Plan procurement Provide inprinciple approval Receive good(s)/ Provide input and management approval (as req’d) Approach market Provide approval (as req’d) service(s) and pay Assess submissions and negotiate contract Provide approval Provide advice and support (as req’d) Raise purchase order and process payment Payment Processing Specialist Supplier Provide advice and support (as req’d) Respond to RFQ Negotiate and enter into arrangement Provide good(s)/ service(s) and receive payment ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 PAGE 10 Agency B Procurement Process Level 1 – Identify need Yes End User Business Line Procurement Officer Identify procurement need Considerations Procurement has been identified as the method to obtain the good(s)/ service(s) Check existing arrangements Does a suitable arrangement exist? Use existing arrangement ❷ No Requirement Use existing arrangements if they are suitable Delegate PAU Payment Processing Specialist Supplier ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 PAGE 11 Agency B Procurement Process Level 1 – Plan procurement < $19,999 End User Business Line Procurement Officer ❶ Value & type of proc’t? $20,000 $79,999 Stationary/ office supplies Other Use EProcurement process Reg 9 approval built-in Use credit card process Note The business case is scalable. For a simple procurement it could be an email, for a more complex procurement it could be a multipage document CPG 6.8 & 9 Understand procurement need Develop business case Checklists Understand procurement need Business Case proforma Provide input into business case (as req’d) Seek approval to conduct procurement Review business case and proposed procurement method Delegate No, Refine business case; or End process Check that budget is available Approve (in-principle) ? Delegation database PAU Provide advice and support (as req’d) Payment Processing Specialist Provide advice and support (as req’d) Supplier ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 PAGE 12 Yes ❸ Agency B Procurement Process Level 1 – Approach market No, Amend specification documents End User Provide input Provide input Business Line Prepare specification documents Procurement Officer Identify potential suppliers Seek manager approval (as req’d) Seek Delegate approval (as req’d) Manager Approve procurement approach? Considerations This approval could be done by either the Business Line Manager or the Delegate. This largely depends on the complexity of the procurement Approve procurement approach? ❷ Delegate Yes Issue RFQ Provide clarification (as req’d) Considerations For procurements of $20k - $79,999 a minimum of 3 quotes must be sought. Below $19,999, there is no requirement for quotes. Yes No, Amend specification documents PAU Receive quotes Provide advice and support (as req’d) Payment Processing Specialist Supplier Provide advice and support (as req’d) Obtain RFQ Understand specifications ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 Provide quote PAGE 13 ❹ Agency B Procurement Process Level 1 – Assess submissions and negotiate contract Provide advice End User Considerations The Contract Register is used as the source of information for AusTender reporting Business Line ❸ Procurement Officer Assess submissions Select preferred supplier Recommend supplier to delegate Notify successful supplier and send draft contract Negotiate contract (as req’d) Delegate Grant Reg 9 approval? Reg 9 Sign contract? Yes Yes Contract Register Sign contract CPG 7.12 FMA s.44 Conduct reporting obligations Provide advice and support (as req’d) PAU ❺ CPG 7.23 No No Re-evaluate submissions or refine requirements Register contract on contract register Notify unsuccessful suppliers Finalise contract CPG 7.24 Payment Processing Sign off on process (as req’d) Specialist Supplier CPG 6.10 Provide advice and support (as req’d) Receive notification and draft contract Negotiate contract (as req’d) Finalise contract Sign contract CPG 7.12 ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 Unsuccessful suppliers Receive notification Seek feedback if desired PAGE 14 ❺ Agency B Procurement Process Level 1 – Receive good(s)/ service(s) and pay * Claim For Payment Receive good(s)/ service(s) End User Business Line Receive invoice Invoice QSP Procurement ❹ Officer Create purchase order request Provide CFP* and invoice for signature Submit purchase order request Document process and decisions CFP Form Purchase order request Sign CFP Delegate CPG 7.9 Not standard practice, but ideal to ensure delegate approval can be substantiated, ensuring the procurement process is defensible Conduct reporting obligations PAU CPG 7.24 Process and raise purchase order Payment Processing Receive CFP and invoice Match CFP and invoice Purchase order Pay invoice Delegation database Considerations Delegate approval evidenced by delegate signature on CFP possible only if provided Specialist Invoice Supplier ❹ Provide good(s)/ service(s) Issue invoice ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 PAGE 15 Process analysis AUSTRALIA NEW ZEALAND LEVEL 1 UNIT 3 GREEN SQUARE KINGSTON 2604 P +61 6282 8852 F +61 2 6282 8832 WWW.THINKPLACE.COM.AU Agency B Procurement Process Process issues, pressure points and suggestions for improvement ISSUES Current problems with the process PRESSURE POINTS Elements of the process that affect efficiency SUGGESTIONS FOR IMPROVEMENT Outcomes from the workshop There is a general lack of understanding of FMA Act and CPGs, posing a risk to the department for possible breaches of CPGs and FMA Act Need for role-specific training for procurement officers and delegates, PAU staff, specialists (e.g. legal), and general admin Advice from Finance (DoFD) is not always consistent Procurement staff are not always clear on which process should be used (e.g. open, select, direct, etc.) AusTender issues − Reporting to AusTender process is not straight forward − Selection processes (e.g. select, direct) are a mandatory field in AusTender, reporting on the selection process is required only by Division 2 of the CPGs (i.e. why should it be a mandatory field for < $80,000) − Data integrity issues CPG Principles create cumbersome processes for <$80,000 − ‘Efficient and effective’ may contradict ‘encouraging competition’ − The ‘value for money’ principle is not well understood (i.e.. may be interpreted as ‘cost) The workflow and documentation is largely manual, with usage of disparate systems and databases (e.g. QSP, contracts register, delegations database) that are not integrated with the workflow Three different approvals are required − To commence a procurement process − To approve specifications (incl. requirements, value, timing, potential suppliers, etc.) − To approve spending (Reg 9), before a contract is entered The requirements for Secretary/ Dep. Sec./ CFO approval for consultancies valued at $20,00 or more may create a bottleneck and unnecessary paperwork The absence of a minimum requirement for documentation can drive risk averse behaviours (i.e. raising unnecessary paperwork that is not commensurate with the value/risk of the procurement) Automate the process workflow and documentation as much as possible (e.g. end to end and documentation, from the development of a business case through to purchase order and contracts register The refresh of the Framework (CPGs, Circulars etc.) should be informed by this Review − Guidance should be provided in “plain English” and terms should not subjective or left to interpretation Limit the requirements for documentation for low value procurements − Provide agencies with one simple form Streamline reporting to AusTender Streamlining non-covered contracts was a good initiative but needs more work Provide role-specific training for procurement officers and delegates, PAU staff, specialists (e.g. legal), and general admin PAU do not have visibility/ oversight of what the Line Area are doing. Should PAU be a process checkpoint? ANALYSIS AND REVIEW OF COMMONWEALTH PROCUREMENT PROCESSES UNDER $80,000 – AGENCY B PROCUREMENT V1.0 PAGE 17 About Us We design strategies, services and organisations www.thinkplace.com.au AUSTRALIA NEW ZEALAND LEVEL 1 UNIT 3 GREEN SQUARE KINGSTON 2604 P +61 6282 8852 F +61 2 6282 8832 WWW.THINKPLACE.COM.AU