Government of Western Australia
Department of [Public Authority Name]
Request for exemption from the
competitive requirements of the
State Supply Commission’s Open
and Effective Competition policy
in order to procure goods and
services from an Aboriginal
Business
Supply/Provision
of:
[Description of requirement]
Contract Term:
[number] months/years, with an additional
[number] extension options, each of [number]
month/year duration [delete if no extension
options]
Estimated Total
Contract Value:
$[Value] including GST [value over the entire
contract term including extension options]
Prepared By:
[Public Authority Officer Name]
[Public Authority Officer Title]
[Email]
[Phone number]
Date:
[DD Month YYYY]
[Text in red is instructions only and can be deleted after being read]
[Delete or fill in all blue areas as applicable through the Exemption Request]
[Public authority name]
[Brief Description of Requirement]
[EXPLANATORY NOTES:
The State Supply Commission’s Open and Effective Competition policy sets out
the minimum requirements that a public authority must meet in the procurement of
products or services, when not purchasing from a Common Use Arrangement.
In brief, the public authority must:

directly source or issue verbal or written quotations, or put the requirement to
open tender through a public advertisement, dependent on the estimated total
contract value;

avoid bias in tender specifications;

set a contract term that does not exceed 5 years; and

advertise tenders with an estimated contract value in excess of $250,000 on the
Tenders WA website, for a minimum of ten working days.
The policy also states that public authorities are not required to comply with these
minimum requirements for a procurement where there is an opportunity to purchase
from a registered Aboriginal Business.
However a public authority cannot exempt itself from using a mandatory Common
Use Arrangement where one is available for the required products or services that
may be able to be provided by the Aboriginal Business. An exemption from a
mandatory Common Use Arrangement can only be granted by Government
Procurement, Department of Finance.
Finance Template – Request for Exemption – Aboriginal Business v. January 2015
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[Public authority name]
[Brief Description of Requirement]
1 REQUIRED SERVICES
[Provide details of the required goods or services, accounting for all related products
or services, for example: service and maintenance, hardware or software upgrade,
training, consumables.]
An exemption is sought from the minimum requirements of the State Supply
Commission’s Open and Effective Competition policy for the supply of [details of the
product/service requirements].
1.1 Term
The proposed contract term is [number] months/years. There will be [number] options
to extend the term, available at the absolute discretion of the [public authority name],
each option having a [number] month/year duration. [delete sentence if no extension
options]
[If the proposed total contract term is longer than 5 years insert the following
sentence. If not, please delete.] A contract term longer than five (5) years requires
the specific approval of the Accountable Authority in accordance with the State
Supply Commission’s Open and Effective Competition policy. A justification of the
proposed term is provided in section 2.
1.2 Estimated contract value
The estimated total contract value of the procurement over the proposed term of the
contract (including all extension options) is $[value] (GST inclusive).
[Include one of the following options:]
[Option 1:]A fixed price for all products/services required under the proposed contract
will be sought, and the contract will be awarded at a fixed price.
[or Option 2:]Prices for the products/services will be sought on a unit basis (i.e. time
and materials). However a maximum contract value of $[value] (including GST) will
apply to the contract. The maximum contract value is based on [details on how the
ceiling or cap was determined - e.g. past contracts/experience].
1.3 Availability of funding
The availability of appropriate funding has been confirmed by [public authority officer
name], [public authority officer title].
Finance Template – Request for Exemption – Aboriginal Business v. January 2015
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[Public authority name]
[Brief Description of Requirement]
2 JUSTIFICATION
2.1 Exemption from minimum requirements for quotation/open tender
thresholds
This exemption from the minimum requirements of the State Supply Commission’s
Open and Effective Competition policy is sought as there is an opportunity to
purchase from a registered Aboriginal Business [Name of Aboriginal Business].
The Department of [public authority name] has held discussions with [Name of
Aboriginal Business], which has outlined its capacity and capability to undertake the
work and has expressed keen interest in delivering the required services.
The Department of [public authority name] wishes to explore this option further and
investigate whether a value for money solution exists by inviting [Name of Aboriginal
Business] to respond to a formal Request.
2.2 Specifying a total contract term exceeding five years
[Provide detailed information explaining and documenting why the public authority
needs to establish a contract with a total term in excess of five years.]
In accordance with the State Supply Commission’s Open and Effective Competition
policy, the approval of the [Accountable Authority title] is sought to specify a total
contract term in excess of five years. The proposed total contract term of [number]
years (including all extension options) is necessary to meet the [public authority
name] requirements due to [provide justification].
3 FREE TRADE AGREEMENTS
[Delete this Section 3 if the total contract value is below $551,000.] The State Supply
Commission has produced guidelines to the Free Trade Agreements which should be
referred to in drafting this section. These guidelines are available online at
www.ssc.wa.gov.au/freetrade01.asp.
If the estimated total contract value (inclusive of GST and any extension options)
exceeds the abovementioned threshold, then the procurement is generally
considered a ‘covered procurement’ under the Australia-United States Free Trade
Agreement (AUSFTA), the Australia-Chile Free Trade Agreement (ACl-FTA), the
Korea-Australia Free Trade Agreement (KAFTA) and the Japan-Australia Economic
Partnership Agreement (JAEPA) and the public authority must justify and/or
document that the requirement for the products/services is either:

a) procurement to which the Government Procurement chapter of the free trade
agreements does not apply (see Appendix 2 to the guidelines); or

b) which is exempted from coverage.
[Insert following option:]
Finance Template – Request for Exemption – Aboriginal Business v. January 2015
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[Public authority name]
[Brief Description of Requirement]
The estimated total contract value exceeds the threshold specified for a covered
procurement under the Australia-United States Free Trade Agreement (AUSFTA),
the Australia-Chile Free Trade Agreement (ACl-FTA), Korea-Australia Free Trade
Agreement (KAFTA) and the Japan-Australia Economic Partnership Agreement
(JAEPA).
However, as provided for within the AUSFTA, ACl-FTA,KAFTA and JAEPA, the
Government Procurement chapter of the agreements does not apply to this
procurement, as the goods or services relates to measures for the economic and
social advancement of indigenous people.
4 RECOMMENDATION AND UNDERTAKING
It is recommended that the [Accountable Authority title] of [public authority name]
approve this exemption request, in order that offers to supply [description of
goods/services] can be sought from [Name of Aboriginal Business].
The [public authority name] will then be required to fulfil all obligations under the
State Supply Commission policies from which it is not exempted under this
document.
[Select one of the following options:]
[Option 1: If the estimated total contract value is under $5 million (GST-inclusive)]
Subject to approval of this exemption request, a formal Request document (based on
Department of Finance templates) will be prepared and issued to the
abovementioned supplier(s). The exemption will also be added to the [public
authority name] exemption register.
[or Option 2: If the estimated total contract value is $5 million or above (GSTinclusive)] Following a decision being taken by the Accountable Authority on this
exemption request, a procurement plan will be submitted to the State Tender Review
Committee for endorsement, and then submitted to the [Accountable Authority or
delegate title] for approval. A formal Request document (based on Department of
Finance templates) will then be prepared and issued to the abovementioned
supplier(s). The exemption will also be added to the [public authority name]
exemption register.
[Select one of the following paragraphs to directly follow on from Option 1 or Option 2
above as applicable:]
[If the estimated total contract value is under $5 million (GST-inclusive)] Following
receipt of the formal Offer(s) in response to the Request, an evaluation report will be
prepared for approval by the [Accountable Authority or delegate title]. The report will
include details of the value for money analysis of the submitted Offer(s). Following
approval of the report, a letter of acceptance will be issued establishing the contract
and the contract award details will be published on Tenders WA.
[If the estimated total contract value is $5 million or above (GST-inclusive)] Following
receipt of the formal Offer(s), an evaluation report will be prepared, including details
of the value for money analysis of the submitted Offer(s). The report will be submitted
Finance Template – Request for Exemption – Aboriginal Business v. January 2015
Page 5 of 7
[Public authority name]
[Brief Description of Requirement]
for review by the State Tender Review Committee prior to seeking approval of the
report by the [Accountable Authority or delegate title]. Following approval of the
report, a letter of acceptance will be issued establishing the contract and the contract
award details will be published on Tenders WA.
[If the estimated total contract value is $5 million or above (GST-inclusive) insert the
following sentence. If not, please delete.] A formal Contract Management Plan will be
prepared in accordance with State Supply Commission policy.
5 SUBMITTING OFFICER
[Public authority name]
Name
Title
Contact Number
Signature:
Date:
________________________________
____/____/______
6 REVIEW AND APPROVAL
[A public authority must involve the Department of Finance, Government
Procurement (Finance GP) if the estimated total contract value is $50,000 or above
(GST inclusive). However a public authority is not required to comply with this
minimum requirement if the estimated value is less than $250,000 and the
Accountable Authority approves that the procurement is to be undertaken
independently of the Department of Finance, Government Procurement.
A public authority should obtain advice from the Department of Finance, Government
Procurement prior to proceeding with an exemption from the open tender
requirements or approvals pursuant to the Open and Effective Competition Policy.
Please note, for some public authorities this value may be higher or lower, depending
on the terms of their Partial Exemption under the State Supply Commission Act.
If Finance GP advice is required, the table below should be included and the
document forwarded to Finance GP for review prior to being referred to the public
authority’s Accountable Authority for approval.]
Department of Finance, Government Procurement
Name
[Insert name]
Title
[Insert title] [Refer to the SSC Client Agency Contracting
delegation matrix for appropriate Finance GP representative]
Contact Number
[Insert phone number]
Finance Template – Request for Exemption – Aboriginal Business v. January 2015
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[Public authority name]
Supported
[Brief Description of Requirement]
Comments:
Not Supported
Signature:
Date:
_____________________________
____/____/______
[OR if Finance GP advice is provided via email, a signature is not required and the
table below should be used. A copy of the email must be included as an attachment
when providing this document to the Accountable Authority]
Department of Finance, Government Procurement
Name
Title
[Refer to the SSC Client Agency Contracting delegation matrix
for appropriate Finance GP representative]
Contact Number
Supported
See attached email advice from Finance
Not Supported
Accountable Authority or delegate
Name
Title
Approved
Comments:
Not Approved
Signature:
_____________________________
Date:
____/____/______
Finance Template – Request for Exemption – Aboriginal Business v. January 2015
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