Procurement Direction PO9
Process Series
Procurement Review Board Processes
Statement of Intent
This Procurement Direction outlines the processes to be followed by the Procurement Review
Board.
Main Features
Section 11 of the Procurement Act requires Accountable Officers and employees of Agencies to
comply with the Procurement Directions.
Procurement Review Board Role and Processes

The Procurement Review Board (PRB) is accountable to the Minister responsible for
Procurement.

The PRB provides advice to the Minister responsible for Procurement on Agency
compliance with Government Procurement Policy and processes.

The PRB provides an independent review of the procurement processes used by
Agencies to reach a Procurement decision.

Procurement activity which needs to be referred for PRB endorsement, notation or
approval is covered in the Procurement Regulations, these Procurement Directions and
the Procurement Code.

Submissions to the PRB will be submitted on the standard PRB forms and any departure
from the standard PRB forms will require PRB approval, through the PRB Secretary.
Contents
Role of the Procurement Review Board
Procurement Review Board Processes
Authorities
Procurement Act
Procurement Regulations
Effective 1 September 2012
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Procurement Direction PR9 Procurement Review Board Processes
Role of the Procurement Review Board
PR9.1
The Procurement Review Board provides an independent review of the
processes used by Agencies to reach a Procurement decision.
PR9.2
The Procurement Review Board is accountable to the Minister responsible for
Procurement and provides advice to the Minister responsible for Procurement
on Agency compliance with Government Procurement Policy and processes.
I.
Accountability for Procurement decisions and activities rests solely with the Agency
undertaking the Procurement activity, specifically the Accountable Officer.
II.
The Procurement Review Board (PRB) provides an independent review of the
processes used by Agencies to reach a decision on more significant (Tier Five and
Tier Six) Procurements. PRB review is aimed at ensuring that the procurement
process undertaken by Agencies complies with Government Procurement Policy.
III.
Agencies have a responsibility to ensure that matters submitted for PRB
consideration are comprehensive and in sufficient detail to enable PRB to make a
decision on the process.
IV.
Having considered matters before it, the PRB may seek subsequent clarification or
additional information from the Agency to assist in its final determination, including a
request for applicable Agency officers to attend the PRB and provide clarification or
make a formal presentation.
V.
The PRB may refuse to endorse or approve an Agency recommendation on the
grounds of a failure to comply with Government’s established procurement policies
and processes. PRB advice to Accountable Officers and Ministers will therefore be
focused on whether the procurement process adopted is endorsed or approved and,
where considered appropriate by the PRB, an explanation of the position adopted by
the PRB on a particular issue may also be provided.
VI.
Where the PRB has refused to endorse or approve an Agency recommendation, an
Accountable Officer may re-present the matter for the PRB’s reconsideration. The
Accountable Officer should, at that time, submit any additional supporting information
and clarify any points of misunderstanding.
VII.
Should the PRB determine that its previous decision stands, the Accountable Officer
may ask that the Minister responsible for Procurement consider the matter and make
a determination.
VIII.
Provision under Procurement Regulation 6 (7) (ba) allows for the Minister
responsible for Procurement to make a direction to the PRB.
a. Where the Minister responsible for Procurement determines that the PRB has
erred in its decision, the Minister responsible for Procurement may direct the
PRB to amend its decision and the amended PRB decision is the final
determination.
b. Where the Minister responsible for Procurement determines that the PRB is
correct in its decision, the decision of the PRB stands.
IX.
As a Board of review, the PRB does not establish or develop Procurement Policy.
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Procurement Direction PR9 Procurement Review Board Processes
X.
The PRB may make recommendations in relation to amendments or improvements
to Government Procurement Policy where appropriate. These recommendations
should be made to the Agency responsible for Procurement Policy.
XI.
As the Minister responsible for Procurement establishes the PRB, it is accountable to
the Minister responsible for Procurement and advises the Minister responsible for
Procurement on a periodic basis of Agency compliance with Government
Procurement Policy and processes. The PRB also provides information to the
Minister responsible for Procurement on request. All PRB advice to the Minister
responsible for Procurement is undertaken through the Agency responsible for
Procurement Policy.
XII.
The Southern Region Procurement Review Board is limited to considering
procurement activity valued up to $2 million. (Refer to Procurement Direction F4.17).
XIII.
The PRB meets each Thursday. Submissions to the PRB must reach the PRB
Secretariat by 9.30am of the Tuesday prior to the Thursday PRB meeting in order for
the matter to be included on the formal agenda and allow sufficient time for members
review.
XIV.
The Southern Region PRB meets each Friday. Submissions to the Southern Region
PRB must reach the Southern Region PRB Secretariat by 9.30am of the Wednesday
prior to the Friday Southern Region PRB meeting in order for the matter to be
included on the formal agenda and allow sufficient time for members review.
XV.
Unless Agencies are able to offer a substantial reason for a paper submitted late, all
papers received after the deadline will be held over to the following week’s meeting.
Papers submitted late may be considered at the discretion of the PRB Chair. It may
be possible to convene an out of session or special meeting of the PRB to consider
an extremely urgent submission. Failure to adequately plan on the part of the
Agency is not sufficient reason.
Procurement Review Board Processes
PR9.3
Procurement activity which needs to be referred for Procurement Review Board
endorsement, notation or approval is covered in the Procurement Regulations,
these Procurement Directions and the Procurement Code.
PR9.4
Submissions to the Procurement Review Board will be submitted in the
standard PRB forms and any departure from the standard PRB forms will
require PRB approval, through the PRB Secretary.
I.
The Procurement Regulations outline procurement activity which Agencies must
submit for PRB endorsement, notation or approval. Matters to be submitted for PRB
consideration are covered in the individual Directions in the Policy and Process
Series and summarised below.
II.
In accordance with the Procurement Regulations, the role of the PRB is to:
a. Note all proposals for Procurement of Supplies (Future Tender Opportunities) in
Tiers Four, Five and Six (refer Procurement Direction PO3).
b. Endorse all requests for Certificate of Exemption from Public Tendering for Tier
Four, Tier Five and Tier Six Procurement activity (refer Procurement Direction
PO2).
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Procurement Direction PR9 Procurement Review Board Processes
c. Endorse all requests to invite Select Quotation for Tier Three Procurement
activity (refer Procurement Direction PO2).
d. Approve recommendations resulting from Public Tender or Select Tendering
activity in relation to Tier Five and Tier Six Supplies prior to advice being given to
Tenderers as to the outcome of the Tender (refer Procurement Direction PO9).
e. Approve recommendations resulting from Public Quotation or Select Quotation
activity in relation to Tier Three or Tier Four Supplies where the award value will
exceed Tier Four, prior to advice being given to Respondent as to the outcome of
the Quotation or Tender (refer Procurement Direction PO9).
f.
Approve all recommendations to negotiate with Respondent/Tenderer resulting
from Public Quotation/Tender or Select Quotation/Tender activity in relation to
Tier Three, Tier Four, Tier Five and Tier Six Supplies.
g. Approve all recommendations to decline Quotation/Tender resulting from Public
Quotation/Tender or Select Quotation/Tender activity in relation to Tier Three,
Tier Four Tier Five and Tier Six Supplies.
h. Approve all recommendations resulting from Select Tender activity in relation to
Tier Five or Tier Six Supplies prior to advice being given to the panel provider as
to the outcome from action taken under a panel period contract (refer
Procurement Direction PO2).
i.
Approve recommendations at each stage of a Pre-Qualified Tender Process for
Tier Five and Tier Six supplies (refer Procurement Direction PO2).
j.
Approve all requests for contract periods greater than three years (refer
Procurement Direction PO2).
k. Approve all requests to use an existing period contract arranged by Federal,
State or another Territory Government (refer Procurement Direction PO2).
l.
Approve requests for exemption from Industry Participation Plan requirements for
Tenders with an estimated value Tier Six or greater regardless of the proposed
procurement method.
m. Approve all requests to waive the requirement for CAL accreditation (where
applicable) for a particular Tier Three, Tier Four, Tier Five or Tier Six
Procurement activity (refer Procurement Direction PO4).
n. Approve all recommendations to accept Tenders from government owned
businesses, local, territory, state and federal government agencies and
authorities (refer Procurement Direction PO13)
o. Note significant Contract price variations within two weeks of action taken (refer
Procurement Direction PO12).
p. Note all contract cancellations, as soon as possible after the action is taken.
q. Note all Tier Two, Tier Three and Tier Four Procurement activity undertaken by
Agencies (monthly reporting).
r. Note all consultations between Agencies and the Industry Capability Network
(NT) in relation to Tier One and Tier Two activity (quarterly reporting)(refer
Procurement Direction PO2).
Effective 1 September 2012
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Procurement Direction PR9 Procurement Review Board Processes
s. Determine admissibility of late Quotations/Tenders or the eligibility of Suppliers to
submit Quotations/Tenders in relation to Tier Three, Tier Four, Tier Five and Tier
Six Supplies (refer Procurement Direction PO6).
III.
The PRB may also investigate complaints in relation to Procurement related
decisions. This primarily occurs where a formal complaint has been lodged in
relation to the procurement process and procedures adopted by the PRB or Agency.
IV.
To ensure consistency in information provided to the PRB for its consideration,
where an Agency seeks to refer a matter to the PRB in other than the approved
form, PRB approval is required prior to submission.
Effective 1 September 2012
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Procurement Direction PR9 Procurement Review Board Processes
Table of Amendments
Amendment
Detail
Effective Date
PR8
Amend PRB role to incorporate changes due to new increased Procurement activity levels (Tiers increases
quotation and select quotation etc.)
30 March 2009
General
Introduced a sixth procurement Tier
1 July 2012
Replaced “NTICN” with Industry Capability Network (NT) to reflect name change
PR8 re-numbered PR9 – consequential re-numbering throughout
PR9.2 X and XI
Removed the 11:00 am and 9:00 am start times for the Darwin and Southern Region Procurement Review
Board meetings
1 July 2012
PR9.2 VI and
VIII
Amendments necessary to clarify the process for appealing PRB decisions in line with the Regulations and
provisions moved here from PO9.4
1 September 2012
Included PR9.2 XII to provide clearer guidance with this Direction on the limits of Southern Region PRB
consideration
PR9.4 II a
Changed “endorse” to “note” of all future tender activity in line with Regulations and practice and included
Tier 4 requirements
1 September 2012
PR9.4 II n
Included approvals from Government Entities which is required in PO13 but missing from this list
1 September 2012
General
Formatted for WCAG2.0 accessibility – changes to formatting, spelling, grammar and punctuation.
1 January 2013
Effective 1 September 2012
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