Purchasing and Procurement Instructions October 2015 This information provides practical advice on the application of the Department of Education and Training (department) Purchasing and Procurement Policies, Delegations and Procedures. The online version of these instructions is available at Purchasing and Procurement Instructions which provide further support materials used for purchasing training and a greater understanding. Process All externally sourced goods and services are to be purchased using the following sourcing methods: 1. Supply Arrangement – where a suitable government supply arrangement or contract exists and meets the purchase requirements, this is the first choice for sourcing goods and services; or 2. Request for Quotation Process – if a supply arrangement is not available or suitable, seek quotes to source the goods and services. For an overview of the processes, refer to the: • Quick Guide to the purchasing process and documentation • Purchasing checklist (PF001) • Purchasing Flowchart For assistance, contact the Corporate Procurement Branch on 1300 366 612 or procurement.corporate@dete.qld.gov.au or ask a question on the Purchasing Network site. Refer to the Glossary page for help with understanding terms used within this document. Note: content displaying the symbol indicates that there are additional detailed instructions or resources available online only to departmental employees. Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Page 1 of 22 Department of Education and Training – Purchasing and Procurement Instructions Table of Contents 1. Supply Arrangements .............................................................................................................................................. 4 2. Request for Quotation Process ................................................................................................................................ 5 Purchases up to $100,000 .............................................................................................................................. 5 Purchases over $100,000 ............................................................................................................................... 5 Plan the Purchase ........................................................................................................................................... 5 Completing the Request for Quotation Process .............................................................................................. 5 Minimum Quotation Requirements.................................................................................................................. 6 2.1 Expenditure and Purchasing or Procurement Delegation ................................................................................... 7 Separation of Expenditure Delegation from Purchasing and Procurement Delegations ................................ 7 2.2 Integrity and accountability requirements............................................................................................................ 7 2.3 Consider and manage risks ................................................................................................................................ 7 2.4 Consider applicable Government and department policies ................................................................................ 8 2.5 Understanding and researching the supply market to identify potential Suppliers ............................................. 9 2.6 Writing the specification .................................................................................................................................... 10 Mandatory and Desirable Requirements....................................................................................................... 10 2.7 Understanding contract formation ..................................................................................................................... 10 2.8 Determining the evaluation criteria and method ............................................................................................... 11 Up to $5,000 .................................................................................................................................................. 11 Over $5,000 up to $100,000 ......................................................................................................................... 11 2.9 Requesting quotes ............................................................................................................................................ 12 Requesting offers/quotes – up to $5000 (excluding GST) ............................................................................ 13 Requesting Offers/Quotes – over $5000 up to $100,000 (excluding GST) .................................................. 14 Procurements over $100,000 ........................................................................................................................ 14 ICT purchases ............................................................................................................................................... 15 Maintenance and construction projects......................................................................................................... 15 Purchasing of textile clothing and footwear .................................................................................................. 15 Purchasing Second Hand Goods .................................................................................................................. 15 Online Purchasing ......................................................................................................................................... 16 Overseas purchases ..................................................................................................................................... 16 2.10 Evaluation Process............................................................................................................................................ 16 Value for Money Objective ............................................................................................................................ 16 Contact with Potential Suppliers ................................................................................................................... 16 Disclosure of Supplier’s Information.............................................................................................................. 17 2.11 Contract Award .................................................................................................................................................. 17 Note for Principals ......................................................................................................................................... 17 Contract Disclosure ....................................................................................................................................... 17 2.12 Contract Management ....................................................................................................................................... 17 Contract Extension/Renewal ......................................................................................................................... 18 2.13 Managing complaints about Purchasing and Procurement .............................................................................. 18 Preventing Complaints .................................................................................................................................. 18 Complaints Management Process ................................................................................................................ 19 Purchasing and Procurement Instructions v2 October 2015 Page 2 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions 2.14 Alternate Sourcing Strategy .............................................................................................................................. 19 3. Approval of an Alternate Sourcing Strategy .................................................................................................. 19 Alternate Sourcing Strategy Process ............................................................................................................ 20 Purchases by Parents & Citizens Associations (P&Cs) ........................................................................................ 20 Glossary ........................................................................................................................................................................ 21 Purchasing and Procurement Instructions v2 October 2015 Page 3 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions 1. Supply Arrangements A supply arrangement is the first choice for purchasing goods and services on behalf of the department. If suitable for the purchase, accessing a supply arrangement simplifies the purchasing process by removing the need to follow the Request for Quotation process. Supply arrangements are structured in various ways to best suit the purchasing context and may be a: • standing offer arrangement (SOA) • preferred supplier arrangement • pre-qualified supplier arrangement. When purchasing from a supply arrangement: 1. Determine if the arrangement meets the purchase requirements. 2. Review product/service, pricing, terms and conditions and other specific requirements for using the arrangement. 3. Determine if the contract terms and conditions are suitable, and consider any additional department specific policies and procedures that may be relevant and need to be included as a requirement e.g. Design Standards for DET Facilities or Working on DET Facilities. 4. If required by the supply arrangement, seek quotes from Suppliers on the arrangement. 5. Place the order in accordance with the established process of the arrangement, referencing the arrangement number and any DET specific policies and procedures that must be met. 6. Receipt the product/services and pay the invoice. Find a suitable supply arrangement by accessing the following: • Department Supply Arrangements - these are established and managed by the department and include department specific procedures. • Whole-of-Government Supply Arrangements- these are established by other Queensland Government departments. When accessing these arrangements, purchasers should consider any additional department specific procedures relevant to the purchase. • Local Buy- If a department or whole-of-Government supply arrangement is not available, there may be Local Buy arrangements which are suitable for your purchase and offer value for money. When accessing these arrangements, purchasers should determine if the terms and conditions are suitable and consider any additional department specific procedures relevant to the purchase, for example, Design Standards for DET Facilities, Working on DET Facilities. Contact the Local Buy arrangement manager or request a login to view details. The benefits of using supply arrangements include: 1. Significantly reduced administrative effort and paperwork. 2. Multiple quotes are generally not required as orders are placed directly with Suppliers, unless required under the supply arrangement. 3. Competitive prices have been negotiated with Suppliers. 4. Suppliers have agreed to the Queensland Government terms and conditions and for department supply arrangements, Working on Department of Education and Training facilities conditions. 5. Department officers are assigned to manage the arrangement and assist with resolving issues. A number of the department’s supply arrangements can also be used by Parents and Citizens Associations as outlined in the P&Cs Purchasing Policies and Procedures. If a purchase order is issued from the department’s SAP or OneSchool financial system, the order must include text that references the arrangement number. For example: “This order is placed under SOA [insert number]”. This is critical to ensure that the order invokes the agreed terms and conditions of supply for that arrangement and ensures the negotiated price is obtained. Purchasing and Procurement Instructions v2 October 2015 Page 4 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions 2. Request for Quotation Process The Request for Quotation process is used if a supply arrangement is not available or suitable to meet the purchase requirement. Purchases up to $100,000 Quotation processes for purchases valued up to $100,000 can be undertaken in schools, regions and central office units provided that they have appropriately trained Purchasing Delegates. Quotation processes are to be undertaken or overseen by a Purchasing Delegate and comply with department policies, delegations and instructions, including the department’s Minimum Quotation Requirements Purchases over $100,000 If a purchase is expected to exceed $100,000, a formal Invitation to Offer process is facilitated by Corporate Procurement. Assistance may be requested on the Request for Procurement Help (PF008) form or by contacting Corporate Procurement. Corporate Procurement will assign a dedicated procurement specialist to work closely with the purchaser to determine the best strategy to meet the purchase outcomes. This process is conducted by Corporate Procurement Branch in collaboration with the purchasing organisation to ensure business outcomes are met. Minimum Quotation Requirements The Minimum Quotation Requirements outline the quotations required to establish value for money and provide opportunities for Suppliers to bid for government business. The Purchasing Checklist (PF001) may assist in following the purchasing process. Using the department’s purchasing forms initiate a request for quotation based on the purchase requirements and Government terms and conditions (not the Supplier's). The issuing of a purchase order forms the contract based on the specification, the successful Supplier's offer and agreed terms and conditions. Plan the Purchase Before quotes are requested, purchasers need to plan the purchase to ensure: • appropriate delegates are involved in the process • integrity and accountability issues are identified and appropriately addressed • potential risks are identified and appropriately managed • applicable department and government policies that may impact the purchase are considered. The Purchasing Checklist (PF001) form assists with planning the purchase. It identifies key steps and actions and guides purchasers through the process. Completing the Request for Quotation Process The request for quotation process includes: • understanding and researching the supply market to identify potential Suppliers • writing the specification to be understood and accurately defined • understanding the terms and conditions that will apply to a contract • determining the evaluation criteria and people to evaluate • completing and issuing the request for quotation documentation • receiving and evaluating quotations • forming a contract with the successful Supplier • managing the contract delivery and payments • managing complaints. If through researching and understanding the supply market to identify potential Suppliers, it is determined that the best strategy to meet the purchase requirement is to seek less than the minimum quotations required, then an Alternate Sourcing Strategy may be approved. There may also be genuine urgency situations, where there is a real or highly probable health, safety, security or business continuity risk which must be fulfilled within a very limited timeframe. In these cases, approval may be obtained to allow a purchasing or procurement delegate to engage Supplier/s to meet the critical delivery timeframe. Purchasing and Procurement Instructions v2 October 2015 Page 5 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions Minimum Quotation Requirements If an approved supply arrangement is not available or suitable to meet the purchase requirements, the following minimum requirements for sourcing Suppliers shall be followed. This document should be read in conjunction with these Purchasing and Procurement Instructions and the Ordering and Payment Process Matrix. Threshold 1 Minimum Quotation Requirements (more quotes can be sourced to establish value for money and enhance opportunities for Suppliers to bid for government business) Low Value Purchasing $0-$5,000 One (1) quote (excluding GST) For basic purchases with minimal risk, prices can be obtained by phone, in store, from a catalogue or online. Use Record of Purchase form (PF002) (optional) For contractor services or purchases with potential risks, use Request for Quote form (PF003) to initiate a contract based on Department's terms and conditions Consider and manage purchasing risks For ICT purchases, seek quote from GITC accredited Suppliers (if applicable) $5,001 $20,000 Two (2) written quotes (excluding GST) Intermediate Value Purchasing $20,001 $100,000 (excluding GST) $100,000 + Use Request for Quote form (PF003) Consider and manage purchasing risks For ICT purchases, seek quotes from GITC accredited Suppliers For Direct to Market schools, use D2M forms Use Purchasing Checklist form (PF001) (optional) to assist in following the process requirements Three (3) written quotes Use Request for Quote form (PF003) Complete Purchasing Risk Assessment form (PF005) For ICT purchases, seek quotes from GITC accredited Suppliers For Direct to Market Schools, use D2M forms Use Purchasing Checklist form (PF001) (optional) to assist in following the process requirements Delegate Determined Sourcing Strategy High Value Procurement The Procurement Delegate is to determine the procurement strategy and method (open, limited or selective) most appropriate to facilitating the delivery of the best procurement outcome based on an assessment of complexity, scope, opportunities and risks associated with procurement objectives, as well as the level of competition in the supply market Up to $500,000 – Procurement strategy to be detailed in the Procurement Sourcing Strategy form approved by the Procurement Delegate Over $500,000 – Procurement strategy detailed in an approved Plan for Significant Procurement or a Procurement Sourcing Strategy form approved by the Chief Procurement Officer or Category Director, Corporate Procurement Branch, or Director, Infrastructure Procurement and Contract Management Evaluation requirements One (1) evaluator Ensure quote/s meets requirements and achieves value for money under acceptable terms and conditions One (1) or more evaluators (Preferably two (2) for $10,000+) Use Evaluation of Quotes form (PF004) Two (2) or more evaluators Use Evaluation of Quotes form (PF004) Three (3) or more evaluators Use formal Evaluation Plan and Evaluation Report Order & Payment method Order and pay with petty cash, Corporate Card or Purchase Order Issue Purchase Order Confirm receipt of goods or services and manage contract deliverables Pay invoice and close purchase order Issue Purchase Order Confirm receipt of goods or services and manage contract deliverables Pay invoice and close purchase order Formal Contract and/or Purchase Order (if applicable) Manage contract delivery and performance Where cost and risk warrants, a formal Contract Management Plan should be developed Exceptions to the Minimum Quotation Requirements a) Purchase is made through the department’s or other Queensland Government department’s supply arrangements, and if not available, Local Buy, up to any value; b) Purchase does not exceed $100,000 and is made from another Queensland Government department or Queensland Government Body. For the purposes of this provision, a "Queensland Government Body" means any of: I. a body corporate or an unincorporated body established or constituted for a public purpose by the State of Queensland legislation, or an instrument made under that legislation (including a local authority); II. a body established by the State of Queensland through the Governor or a Minister; or III. an incorporated or unincorporated body over which the State of Queensland exercises control; c) in the case of Capital Works: I. where the Capital Works Management Framework applies, the framework provides an alternate procurement process; or II. the work is contracted out to the Department of Housing and Public Works. d) a mandated Queensland Government policy binds the department to purchase from a specified source. Note: When undertaking Direct-to-Market (D2M) activities, follow the procedures for D2M Procurement (engaging contractors) which comply with the department’s Purchasing and Procurement Procedures. 1 Each threshold break is based on the estimated total cost of the goods and services (excluding GST) over the total period of supply. If goods or services are being purchased routinely throughout the year from one Supplier, then the annual total cost should be considered as the ‘cost of purchase’, not the individual payments. Aggregating spend over several years may also gain savings and efficiencies in purchasing goods or services and Corporate Procurement Branch can assist in providing a basic contract for these agreements. Purchasing and Procurement Instructions v2 October 2015 Page 6 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions 2.1 Expenditure and Purchasing or Procurement Delegation Every purchase made on behalf of the department requires the exercise of both an Expenditure delegation and a Purchasing or Procurement delegation (depending on value). The Expenditure and Purchasing or Procurement delegates must understand their responsibilities and be identified at the beginning of the process. Purchases up to $100,000 may be approved locally by the purchasing delegate, with purchases expected to exceed $100,000 requiring the approval of a procurement delegate from Corporate Procurement. Separation of Expenditure Delegation from Purchasing and Procurement Delegations Expenditure Delegations and Purchasing or Procurement Delegations are exclusive of each other. Holding the authority to approve expenditure does not give that officer the authority to exercise a Purchasing or Procurement Delegation. Similarly having a Purchasing or Procurement Delegation does not give that officer the authority to approve the expenditure. Note that the financial limit for an expenditure delegate is GST inclusive and the purchasing delegate limit is GST exclusive. As a fraud prevention control, the person that exercises the Expenditure Delegation must not be the same person that exercises the Purchasing or Procurement Delegation. Exceptions to this requirement are: • when using a Corporate Card as the holder can approve both the expenditure and purchase of low cost items (up to the limit of the Corporate Card) • purchases up to and including $2000 where the expenditure delegation is being exercised within OneSchool • an Expenditure Delegate purchasing from a department or whole-of-government supply arrangement in accordance with the terms and conditions of that arrangement. Refer to the Expenditure delegations and Purchasing and Procurement delegations to identify the appropriate approval delegates for the purchase. 2.2 Integrity and accountability requirements Purchasing and procurement activities are to be undertaken with integrity ensuring accountability for outcomes. Integrity and accountability is about commitment to ethical practices, through honest, fair and respectful engagement with current or potential Suppliers. At an operational level, this means that high standards of integrity and accountability are expected from all staff involved in purchasing and procurement activities. Integrity and accountability is supported by: • purchasing and procurement activities being undertaken for official purposes only and in the public interest • following Government and department policy, delegation and process requirements • complying with all applicable laws • dealing with Suppliers honestly and treating them fairly • appropriately managing conflicts of interest, gifts and benefits and contracts with departmental employees (Section 89 of the Criminal Code Act 1899) • avoiding personal gain • ensuring processes and decisions are documented and defensible and retained for audit purposes. If advice is required regarding integrity and accountability issues, Ethical Standards Unit or Internal Audit can assist. 2.3 Consider and manage risks An important part of any purchasing or procurement activity is identifying risks. Risk is not necessarily linked to the value of the activity and relatively low value purchases may have elements of risk involved. A risk assessment will help with preparing the specification as it may identify issues and treatment options that were not previously considered. A risk assessment must be undertaken for all purchases valued over $20,000 by completing the Risk Assessment for Goods and Services (PF005) form. A risk assessment is also recommended for non-routine, complex or sensitive purchases under $20,000 e.g. where transfer of student or staff information may occur, products or services involving asbestos containing material or impact on student or staff health and safety. The risks associated with the purchasing activity are to be identified, assessed and managed under the department’s Enterprise Risk Management procedure. Purchasing and Procurement Instructions v2 October 2015 Page 7 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions The objective of undertaking risk assessment is to identify possible risks, analyse the likelihood and consequence to determine whether they are acceptable, and treat risks if required. The following are some of the more likely risk issues that may need to be addressed during the purchasing process and contract delivery: • health and safety risks to staff, students and the general public through, for example, hazardous plant, equipment or chemicals and asbestos containing materials • unsatisfactory warranty, service and support provisions • actual or potential conflicts of interest or unethical behaviour • misuse of department’s confidential information or staff or student’s personal information • Supplier performance or delivery issues • product quality • product incompatibility with existing technology or equipment. Risks identified during the purchasing process and with the successful Supplier are to be incorporated into contract management for monitoring throughout contract delivery. For procurement activities (over $100,000), a detailed Risk Management Plan is prepared. 2.4 Consider applicable Government and department policies The Queensland Procurement Policy is the Queensland Government’s overarching policy for the procurement of goods and services, including construction. Its purpose is to deliver excellence in procurement outcomes for Queenslanders. To achieve this purpose, the Queensland Government is committed to the six principles of government procurement. The Purchasing and Procurement Procedure details the requirements for conducting purchasing activities within the department in accordance with the six principles of the Queensland Procurement Policy. To comply with the requirements of the Queensland Procurement Policy, all staff must follow the department’s: • Financial Management Practice Manual (FMPM) – Purchasing and Procurement which is the overarching policy for purchasing and procurement in the department. • Purchasing and Procurement Delegations • Purchasing and Procurement procedure • Purchasing and Procurement Instructions • Ordering and Payment Process Matrix The Purchasing and Procurement procedure must be followed when purchasing goods and services from Suppliers external to the department and funded by the departmental or school bank accounts, regardless of the source of those funds. Funds could be sourced from students, parents, fundraising or grants and be used for school camps and excursions. This also applies to any purchasing and procurement decisions made on behalf of school communities. Depending on the nature of the purchasing or procurement activity, a number of other Government and department policies may be applicable. The FMPM Purchasing and Procurement Policy and Purchasing and Procurement Procedure provide links to other Government and department policies that may be applicable to some activities, but given the diverse range of goods and services in the department it is not possible to list all of the potential policies that may apply to an activity. Refer to the government and department policies and procedures more likely to apply to purchasing and procurement activities which include: • Asbestos Containing Material Management in DET Facilities • Blue Cards – Working with Children Check • Capital Works Management Framework and Queensland Government Building Construction Training Policy • Chemical use and disposal • Consultancies and Contractors • Contracts with departmental employees • Criminal History Checks • Design Standards for DET Facilities • Direct-to-Market (D2M) Maintenance • Disposal of assets/equipment (Equipment Management for Schools and Equipment Management for Business Units), Guideline for Managing Risks with Chemicals (Chapter 6 Disposal) • ICT - Government Information Technology Contracting (GITC) Framework • ICT – Use of non-departmental ICT service providers Purchasing and Procurement Instructions v2 October 2015 Page 8 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions • • • • • • • • • • • • • 2.5 Information Management Leasing Local content Minor Works Program Mobile devices and their services Outside School Hours Care Parents & Citizens Association Purchasing Policies and Procedures Right to Information School Excursions Smart Schools Subsidy Scheme Textile, Clothing and Footwear Travel Working on Department of Education and Training Facilities Understanding and researching the supply market to identify potential Suppliers Market research can assist in establishing what products and Suppliers are available to meet the purchase requirements. Market research essentially means understanding how the market for a particular good or service works: • Who are the potential Suppliers? • What alternate products/services are offered? • Is there an alternative to buying? For example, loan of equipment from another school, utilise internal resources. • What are the pricing structures? For example: What are typical prices? Are quantity discounts available? • What are the characteristics of the market? For example: Is it very competitive? Are there many new or inexperienced Suppliers? Are the products new and untested? Is reliability in delivery good or poor? • Are there trial options for the product prior to purchase, for example chairs? • Can information be gained regarding previous purchases/use of the product or service? • Is there any ongoing maintenance or cleaning requirements? For example: Is a product difficult to clean/maintain? Does it require regular cleaning with specific products? Without this information, it is difficult to assess the risks associated with the purchase, for example, difficulty in securing supply or the risk of late deliveries. This information is also valuable when defining the requirements in the specification. The marketplace does not remain static and there are likely to be variations with regard to supply and demand of goods and services over time. Variations may stem from factors such as seasonal impacts, changes in consumer demand, over-supply, discounting and increased market competition. Market research also assists with determining which Suppliers are genuinely interested in quoting for the work. Potential Suppliers can be identified through: • • • • • • • • • • • • existing supply arrangements register of GITC accredited Suppliers trade catalogues/magazines/directories and journals conferences, trade fairs, exhibitions and Supplier promotions online resources including Supplier websites, industry sites, professional forums, research sites Yellow Pages cold callers (Suppliers who approach without request) – make sure competitors/other Suppliers are given an equal opportunity to bid for any work. providing quoting opportunities to organisations which support wider community objectives such as the Black Business Finder and Supply Nation for indigenous Suppliers, Social Enterprise Finder, Australian Disability Enterprises or other community benefit organisations local business support organisations such as Chamber of Commerce and Industry Queensland can often identify potential Suppliers Industry Capability Network who can assist in identifying Queensland companies that could potentially provide goods and services colleagues in other schools/business units who may have purchased a similar product or service contacting Corporate Procurement Branch or Infrastructure Procurement and Contract Management Unit. Purchasing and Procurement Instructions v2 October 2015 Page 9 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions 2.6 Writing the specification The specification is the statement of requirement and defines what the purchaser wants to buy and consequently, what the Supplier is required to provide. The specification will form part of any contract that results from the quotes received. Specifications can be simple or complex depending on the need and meet the essential elements of a good specification. Sufficient detail should be included to enable Suppliers to prepare and price their quote. Make clear any essential requirements or constraints, for example, compatibility with other equipment, delivery times. State the mandatory and desirable requirements for acceptance. Generally a specification should not be written around a particular product and should avoid specifying brand names and models. Such specifications are restrictive and may exclude similar products which may better fulfil the requirements. In rare cases where a brand is specified, then the brand or model number must be followed by the words ‘or equivalent’. Market research should have first been undertaken and any potential risks identified before the specification is prepared. These two activities will help you write the specification. Advice can also be sought from key stakeholders and subject matter experts, for example Regional Facility Officers. It is also good practice to form an Evaluation Team (between 1-3 people) at the time the specification is being prepared. Evaluation Team members can then agree on what is included in the specification and help develop additional Supplier response questions. The Expenditure Delegate cannot be on the Evaluation Team, however they can be consulted on what features should be included and what evaluation criteria are important. Mandatory and Desirable Requirements The success of the purchase relies on the specification being a full and accurate statement of your requirements and accurate assessment of how well Supplier offers meet that requirement. It is important that the specification makes a clear distinction between mandatory and desirable requirements. Failure to meet a mandatory requirement leads to rejection of a quote, whereas failure to meet a desirable requirement is not grounds for rejection. Care must be taken when deciding on mandatory and desirable criteria otherwise the evaluation process may be compromised. 2.7 Mandatory requirements These are essential elements of the requirement such as licensing, standards, insurance, safety etc. Failure to provide these would render the quote as noncompliant and it would be excluded from evaluation. It is important to understand that if an offer fails to meet a mandatory requirement, no matter how favourable the offer may be (e.g. price) the offer must be rejected. Use of mandatory requirements should be kept to a minimum, as too many can make it impossible for any provider to meet, potentially requiring a new purchasing process. Mandatory requirements should not unnecessarily exclude suitable products or Suppliers in the marketplace and also must not be subjective or open to interpretation. Desirable requirements (nonmandatory) These are elements which are desirable such as delivery, installation, customer assistance, warranty, support services, timeframes, capabilities and experience. However what is mandatory as opposed to desirable may differ for each purchase, for example ‘delivery’ and ‘timeframe’ may in some cases be mandatory requirements. Understanding contract formation A contract is an agreement made between two or more parties, whereby legal rights and obligations are created that are enforceable in law. Contrary to popular belief, contracts do not have to be in writing. A contract can be made verbally. It is therefore important that conversations with Suppliers do not lead to a verbal contract being created by accident. It is also important not to inadvertently accept a Supplier’s terms and conditions, where the department’s Request for Quote and purchase order seeks to invoke the Queensland Government’s terms and conditions. A contract with the Supplier is generally formed when: • an offer is made by the Supplier (a quotation is received by the department) • the department accepts the offer • in accepting the offer, the parties have agreed to the terms and conditions, the product/service and price payable (there is certainty of terms); and • payment or other consideration is promised within the transaction. Follow the request for quotation process for purchases up to $5,000, purchases over $5,000 up to $100,000 and purchases over $100,000 to ensure the contract is formed under the appropriate terms and conditions. Purchasing and Procurement Instructions v2 October 2015 Page 10 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions 2.8 Determining the evaluation criteria and method Evaluation criteria provide the basis for assessment of the value for money provided by each quote. As price is only one element of value for money, other non-cost criteria are used as well. Pre-determined evaluation criteria are identified on the Request for Quote (PF003) and Evaluation of Quotes (PF004) forms, however the criteria can be expanded to include items relevant to the purchase. Prior to seeking quotes, the Evaluation Team must agree on the evaluation method and whether the evaluation criteria should be expanded. Once the Request for Quote form has been issued to all potential Suppliers, the evaluation method and criteria cannot be changed. Up to $5,000 For relatively low value purchasing activities typical evaluation criteria include: • Costs – the quoted price is competitive and is within budget. • Compliance with the requirements (specification) – this can be demonstrated by the Supplier’s explanation as to how the work will be done, how specified standards will be achieve etc. • Support services – the warranty, support and servicing provisions. Over $5,000 up to $100,000 The Evaluation of Quotes (PF004) form is used for the evaluation of quotes up to $100,000. This form guides evaluators through evaluating quotes against pre-determined evaluation criteria and is approved by the evaluators and purchasing delegate. The Evaluation of Quotes form uses the following evaluation criteria: • Conformance to requirements (specification): what has been offered and how does it meet the mandatory requirements (if any) and the desirable requirements of the specification. This may include delivery or installation requirements; safety requirements; the Supplier’s capabilities and experience; and delivery methodology or other requirements. • Whole of life costs: purchase price, delivery costs, training costs, etc. • Support services: warranty, training, delivery, maintenance, etc. The evaluation criteria can be expanded to reflect the requirements of the purchase. If the evaluation criteria have been amended, ensure the Request for Quote (PF003) form includes additional relevant questions in Section 2 – Supplier Response. This will assist with evaluating the quotes received. The Evaluation of Quotes (PF004) form should also be amended to reflect the amended criteria. Purchasing and Procurement Instructions v2 October 2015 Page 11 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions Evaluation methods for purchases up to $100,000 include the Numerical Scoring and Weighted Scoring methods using the Evaluation of Quotes (PF004) form. Numerical Scoring method The Numerical Scoring method is the recommended method for simple, low value, low risk purchases up to $20,000 where criteria are of equal importance to establish value for money. A numerical rating scale of 0-5 is allocated to each criteria response. The quote with the highest total score is successful. Rating Descriptor 5 Exceeds requirements and offers major benefits 4 Meets requirements and offers some minor benefits 3 Meets requirements 2 Does not meet requirements but may be adaptable to meet needs 1 Major non-compliance with requirements 0 Has not responded This method allows the Evaluation Team to rate how well a quote meets the requirements against the evaluation criteria. Weighted Scoring method The Weighted Scoring method is a scoring method for more complex, higher value purchases over $20,000 where criteria importance is assigned a weighting. A numerical rating scale of 0-5 is allocated to each criteria response and then weighted to calculate the highest total score. W eightings must be decided before requesting and evaluating quotes. For example: • conformation to requirements (specification): 50% • support services: 20% • whole of life costs: 30% Be careful of applying high weightings to cost as it may result in the cheapest quote being successful for an inferior product or service. Refer to quote evaluation and approval for more information on scoring methodology. For more information of evaluation methodologies, refer to the Evaluating offers procurement guide. For purchases over $100,000, an evaluation plan is produced using templates maintained by Corporate Procurement Branch. The evaluation plan includes the procurement strategy and offer process, risk management plan, evaluation criteria and pre-determined weightings, cost analysis strategy, procurement objectives and benefits. The evaluation plan is approved by the evaluation committee and procurement delegate. 2.9 Requesting quotes If there are no suitable supply arrangements, the Request for Quotation Process is used to seek the required minimum number of quotes based on the value of the purchase. The Purchasing Checklist (PF001) form can assist in following the process. The market research conducted before reaching this stage of the process should have identified Suppliers genuinely interested providing a quote. Quotes are sought to establish prices and terms and conditions being offered by the potential Supplier of goods and services. The quote from the Supplier constitutes a legal offer, which, on acceptance, becomes the basis of the contractual relationship between the department and the Supplier. When considering the cost of a purchase, the total cost of the goods or services over the total period of supply are to be considered. If a good or service is being purchased routinely throughout the year from one Supplier, then the annual total cost should be considered as the ‘cost of purchase’, not the individual payments. Aggregating spend over several years may also gain savings and efficiencies in purchasing goods or services and Corporate Procurement Branch can assist in providing a simple contract for these agreements. It is not acceptable or appropriate to split a purchase in order to remain within the specified purchasing thresholds or delegations. These thresholds and delegations are in place to ensure adequate controls and reduce the likelihood of fraud. Purchasing and Procurement Instructions v2 October 2015 Page 12 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions Requesting offers/quotes – up to $5000 (excluding GST) How to request quote/s Terms and conditions for purchase For basic purchases with minimal risk up to $5,000, a minimum of one (1) quote/price can be obtained by phone, in store, from a catalogue or online. The Record of Purchase (PF002) form can be used when seeking quotes to document the description of the goods, the Supplier’s quote and confirm the quote meets requirements. The form is not mandatory however it is good practice to use the form as a record of conversation. This can be useful if there are any concerns about quality and price when product is delivered. When seeking a quote over the phone: • Determine what terms and conditions will apply to the purchase and review to understand any risks and whether they are acceptable to the department. • Prepare a clear list of the requirements and any questions to ask. • Clearly identify yourself, along with the name of your business unit or school. • Obtain the name of the Supplier’s salesperson with whom you are speaking. • Ask if any Government prices are available or settlement discounts for early payment. • Ask the Supplier if they accept Corporate Card and if there is a surcharge. • Obtain other details such as method and time for delivery and any packing or freight charges. • Where time permits, it is also good practice to request verbal quotes be confirmed in writing (letter, fax or email). Corporate Card should be used for basic purchases with minimal risk under $5,000. Corporate Card is not suitable for purchases with potential risks as the purchase is usually formed under the Supplier’s terms and conditions which may not adequately protect the department. Before accepting the Supplier’s terms and conditions, officers should weigh up potential risks and review and consider whether the Supplier’s terms and conditions expose the department to unnecessary or unacceptable risk. For contractor services or purchases with potential risks up to $5,000 a minimum of one (1) quote. Written quote/s should be obtained using the Request for Quotation (PF003) form and a purchase order issued to the successful Supplier. Any risks identified should be managed through specific requirements in the specification and the use of the department’s contract terms and conditions. Purchase orders raised through SAP or OneSchool Finance state that the Queensland Government’s and department contract terms and conditions apply to the purchase. The Supplier’s terms and conditions should not be accepted or agreed to in these circumstances. Packaged software purchases or ICT consumables can be made using a Corporate Credit Card up to the cardholders limit. All other ICT purchases obtained from GITC Suppliers applies the Government Information & Technology Conditions (GITC) referenced on the purchase order. For ICT purchases up to $5,000, a minimum of one (1) quote can be obtained from GITC accredited Suppliers unless the purchase is for low value packaged software or ICT consumables which can be made through Suppliers who have not signed up to the GITC framework provided that: • the software is a product that will be installed without modification • the licensing arrangements applicable to the packaged software are strictly adhered to • consumables including items such as keyboards, mouse, USB memory devices, blank CDs and DVDs etc. that are not intended to extend to the purchase of components for the building of complete machines or to the purchase of items covered by departmental or whole-of-Government Standing Offer Arrangements. Purchasing and Procurement Instructions v2 October 2015 Page 13 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions Requesting Offers/Quotes – over $5000 up to $100,000 (excluding GST) How to request quote/s Terms and conditions for purchase A minimum of two (2) quotes over $5,000 up to $20,000 and a minimum of three (3) quotes over $20,000 up to $100,000. The Request for Quotation (PF003) form is used for seeking quotes and requires the Supplier to provide a written quote in accordance with standard government terms and conditions. The Request for Quote form is divided into two sections: Section 1: For the purchaser to complete: The Request for Quotation (PF003) form invokes the Queensland Government’s Conditions of Offer and any eventuating contract is based on standard Queensland Government and department contract terms and conditions when the purchase order is raised on the Supplier. • • • • • who is seeking the quote closing date and time description of the requirement or a more detailed specification delivery date and address any support services required such as warranty, maintenance or training • Conditions of Offer and Conditions of Contract that are applicable to the purchase • Supplier response, which include pre-determined questions and the ability to include additional questions specific to the requirement which assists with evaluation. Section 2 For the Supplier to complete: • • • • • • • • • the Supplier's details and authorised representative details of the product(s)/services offered and pricing if a settlement or early payment discount is available delivery timeframe whether the Supplier agrees to the terms and conditions specified on the Request for Quote form warranty, insurance and licensing compliance how long the quote will be valid for ICT purchases whether the company is GITC accredited and the Modules they are signatory to answers to any additional questions specific to the requirement to assist in evaluation. Purchasers should be familiar with these terms and conditions to understand the obligations, rights and protections in place for the quotation process and contract. These consist of: • the department’s Conditions of Offer and Queensland Government Short Form Conditions of Contract; • for ICT purchases, Conditions of Contract under the GITC V5 Framework; For Suppliers who undertake work on the department’s sites, including work involving asbestos containing material, the Working on Department of Education and Training Facilities applies. The Request for Quote form is emailed or faxed to potential Suppliers. When seeking written quotes: • Material is provided to all potential Suppliers within the same timeframe, and each Supplier has access to the same material (that is not commercial-in-confidence). • Do not disclose one Supplier’s information to the other e.g. do not draft an email going to all Suppliers where the identities of the Suppliers are disclosed to each other. • If one of the Suppliers seeks clarification on the requirement, information which is not commercial-inconfidence should be made available to all other Suppliers. • Quotes should be received by the stated closing date and time. • Quotes should not be evaluated or read before the closing date and time. Where they are received prior to the closing time, they should be stored securely. • It is unethical to discuss the details of one Supplier’s quote with another Supplier. Suppliers must be provided with adequate time to respond. Where timeframes are tight, it is useful to contact Suppliers to gauge their ability to provide the supply or services or to quote in the timeframe required. The time provided to Suppliers to quote is dependent on the complexity of the product or service being sought. Generally, allow between 1 to 3 weeks for Suppliers to prepare and submit a quote. Procurements over $100,000 Purchases estimated at over $100,000 are to be referred to the Corporate Procurement Branch for advice and assistance. A delegate from the Corporate Procurement Branch will, in consultation with the client, determine the best sourcing strategy and provide templates to undertake the Invitation (quotation) process. Sourcing of goods and services over $100,000 use the whole-of-Government terms and conditions for one-off contracts, standing offer arrangements or GITC. Invitation to Offer documents are issued to Suppliers based on whole-of-Government terms Purchasing and Procurement Instructions v2 October 2015 Page 14 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions and conditions with formal contracts signed by both parties. Contact the Corporate Procurement Branch for access to the invitation to offer templates and assistance in over $100,000 procurement activities. ICT purchases Purchase of information and communication technology (ICT) goods and services must be made through Suppliers who have signed a Government Information and Technology Contracting (GTIC) Agreement (some exceptions apply). Maintenance and construction projects Maintenance and construction projects use their Request for Quote documentation and terms and conditions under the Capital Works Management Framework. Refer to: • Minor Works Program • School Managed Facility Projects instructions • Direct to Market Maintenance Purchasing of textile clothing and footwear Purchasing of textile clothing and footwear e.g. school uniforms and sporting apparel, must comply with the Queensland Code of Practice for Employment and Outwork Obligations, textile clothing and footwear suppliers. If using a department or whole of Government supply arrangement the compliance and reporting requirements have already been addressed and purchasers can simply follow the ordering and payment process applicable to the supply arrangement. If not using a supply arrangement and are requesting quote/s, Suppliers must provide evidence of compliance with applicable awards and legal obligations relating to employees and outworkers when submitting an offer for goods and services to the department. A Supplier is only required to provide this evidence if they currently use workers, intend to use workers or have previously used workers residing in Australia. This evidence can be provided by either: • Submitting a statutory declaration form declaring compliance in the twelve (12) months prior to the Offer being lodged; and/or • In order for a Supplier and their Suppliers/sub-contractors to comply with the Fair Work Act, quarterly reports listing all textile, clothing or footwear contract workers they are employing within Australia, must be provided to the Fair Work Commission. Upon receipt of the reports, the Fair Work Commission issues all accredited Suppliers with a current Certificate of Registration. A copy of the Certificate issued by the Fair Work Commission could also be requested. The following clause is to be inserted in the Request for Quotation form (PF003 Section 1) as an additional Condition of Offer: If applicable, the Supplier must provide evidence of compliance with the Code of Practice on Employment and Outwork Obligations for Textile Clothing and Footwear Suppliers when submitting an Offer. The evidence may be provided in a statutory declaration form or Certificate of Registration issued by Fair Work Commission to confirm compliance in the twelve (12) months prior to the Offer being lodged. Failure to submit evidence of compliance will result in the Offer not being considered. Any purchases of textile clothing and footwear (not using a supply arrangement) must be reported by schools, P&Cs and corporate/regional offices to Queensland Treasury by 31 August for all textile clothing and footwear purchased during the previous financial year. The PF011 form may be used for this purpose. Purchasing Second Hand Goods When purchasing second hand goods only one quote is required, however, the purchaser should undertake market research to ensure that an appropriate price, based on the age and condition of the product, is proposed. Purchasers should be aware that it is unlikely that second hand goods will be warranted and there is no guarantee on the condition of goods when purchasing from internet auction sites. Any health and safety risks with purchasing second hand goods for use by school staff, students or visitors must also be considered. GITC is not required when buying second hand computers. However, purchasers should check whether a Windows operating system licence is provided with the computer. If no licence is provided, then this cost must be factored into the value for money decision, along with the age, condition and quality of the goods and any warranty offered. Purchasing and Procurement Instructions v2 October 2015 Page 15 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions Online Purchasing A Corporate Card can be used to purchase goods and services over the Internet. Refer to the Corporate Card Guidelines for details on creating departmental accounts with secure third party payment providers and the security requirements. When considering purchasing over the internet, it is advisable to contact the seller to ensure that they will accept the proposed method of payment prior to a bid (eBay) or order being placed. Overseas purchases When purchasing from overseas consider if: • Competitive local Suppliers are afforded a full, fair and reasonable opportunity to supply. • There are any product or warranty issues, you have to liaise and negotiate with the Supplier overseas rather than locally. • Depending on the value of the product, imported goods are subject to duty, GST and other taxes and charges. The Australian Customs and Border Protection Services website contains information on importing goods into Australia. 2.10 Evaluation Process Evaluation is the process to select the best Supplier that meets the specified requirements and achieves value for money. The steps in the evaluation process include: 1. 2. 3. 4. Receive quotes and record details Prepare the evaluation team Quote evaluation and approval Negotiations with successful Supplier (if required) Value for Money Objective Obtaining value for money is central to the evaluation process. Value for money is not restricted to price alone, and includes consideration of: • Cost related factors including up front price, whole-of-life costs and transaction costs associated with acquisition, use, holding, maintenance, cleaning (products and frequency) and disposal. • Non-cost factors such as fitness for purpose, quality, service and support and sustainability impacts. • The overall objective of the purchase and outcome being sought. For low value purchases up to $100,000, value for money is generally achieved by buying off established supply arrangements where available or seeking quotes from competitive local Suppliers in accordance with the department’s Request for Quotation Process. For procurement over $100,000, value for money requires forward planning including demand and supply analysis leading to determine the best way to procure the goods and/or services. For further information refer to the Value for Money guide. Contact with Potential Suppliers During a Request for Quotation process, potential Suppliers may seek clarification or confirmation of the requirement details. If the specification is unclear or incomplete, clarification on the issue should be provided to all potential Suppliers in writing to ensure that no Supplier is disadvantaged. Care must be taken where the query from a prospective Supplier contains “commercial-in-confidence” material or discloses a particular approach to how they might frame their quote or invitation to offer response. In this case it may be appropriate to only respond to that Supplier and not more broadly if, in answering the clarification question, the response discloses information that is confidential or could, if released to all parties, give other Suppliers an insight into how the enquirer might be framing their response on that element. It is important to manage the distribution of information when seeking quotes from prospective Suppliers to ensure that: • All prospective Suppliers have access to the same information at the same time. • Any dealings with prospective Suppliers are recorded and retained for transparency and accountability. • Any suggestion of preferential treatment is avoided. • Information and document exchange during any quotation or invitation to offer process should be managed through a single departmental contact, generally the purchasing delegate. This role includes processing questions from the evaluation team to potential Suppliers in clarification of their documents, and in the handling of the replies. Purchasing and Procurement Instructions v2 October 2015 Page 16 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions This requirement should not preclude normal evaluation methodologies taking place such as bringing together evaluation team and Supplier representatives for the purposes of product demonstrations etc. during the evaluation phase. Disclosure of Supplier’s Information Except in accordance with Contract Disclosure requirement and Right To Information, under no circumstances should any Supplier’s quote documentation be disclosed to a third party. Such information should be considered “commercial-in-confidence” and only used for the purpose it was intended. Disclosure should only be in accordance with the Information Management procedure or the Contract Disclosure guidelines for awarded contracts. 2.11 Contract Award Once the successful Supplier has been selected from the evaluation process, the contract is then awarded. The steps for awarding the contract include: 1. 2. 3. 4. Checking the successful Supplier’s credentials and delivery capability. Seeking approval to proceed with the purchase. Notifying the outcome to the successful Supplier and confirming their acceptance. Issuing a purchase order, referencing the Supplier's quote number/date or SOA number (this will establish the contract). If a formal contract document is required, ensure contracts are properly signed, in addition to raising the purchase order in the financial system. If the purchase is under $5,000, use of corporate card initiates the order and payment. 5. Notifying and offering feedback to unsuccessful Suppliers. Issue of a purchase order forms the contract based on the request for quotation, the successful Supplier’s offer and the government terms and conditions. Purchase orders are created for the total value of the purchase and at the time the contract is awarded. This ensures the appropriate expenditure delegate and purchasing delegate is aware of the total cost prior to approving and avoids possible order splitting. The purchase order also establishes the commitment in the finance system and facilitates payments against the purchase order. See SAP shopping cart or OneSchool guidance materials. For more complex procurement activities, a formal contract or agreement may also be signed by both parties which are prepared by Corporate Procurement. Once the contract is awarded, you then commence managing the contract delivery and payments to ensure both parties fulfil their obligations and the purchase outcomes are met. Note for Principals Principals are also reminded to maintain appropriate compliance with departmental policies when engaging Suppliers or third party providers to undertake work at schools. All engagements should be arranged through a formal contract or purchase order which: • • • describes the services to be provided protects the commercial interests of the school/department, and ensures appropriate safeguards for students, staff and assets are established. Contract Disclosure All awarded contracts and supply arrangements, where the value of the contract or arrangement over its initial term (excluding extensions) is $10,000 (incl GST) and over, are to be published on the Department of Housing and Public Works QTender website, within 60 days of contract date. The Corporate Procurement Branch maintains processes in place to capture awarded contracts and publish the details. 2.12 Contract Management Contract management is the active monitoring and control of all aspects of a relationship between the successful Supplier and the department. Effective contract management aims to ensure commitments and obligations from Suppliers and buyers are effectively met in delivering value for money outcomes and managing inherent risks. The level of contract management required will depend on the complexity, value and risk of the transaction. The purchase of a low value, low risk, routine product or service will not require the same level of contract management as the engagement of a tradesperson to work on site for a number of weeks or a high value, high risk/complex contract or department supply arrangement. However, all purchases require some level of contract management. Purchasing and Procurement Instructions v2 October 2015 Page 17 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions Contract performance issues should be considered early in the sourcing process to ensure contracts include appropriate terms and conditions, performance measures and reporting requirements to support effective contract management. When the purchasing/sourcing process ends, the administration and management of the contract is to be undertaken by an appropriately skilled client/user/buyer representative, which may include a contract management checklist or plan, applicable to the value and risk, to ensure: • • • • • • • • • • • • • Key activities, roles and responsibilities for managing the contract deliverables and supplier performance are defined. Risks are identified and managed throughout contract delivery. The contract administrator/manager has a good understanding of the purchase requirements and the contract terms and conditions agreed with the successful Supplier. The Supplier understands the purchase requirements and subsequently fulfils their obligations in accordance with the agreed terms and conditions, including the DET Code of Practice for Suppliers. The Supplier maintains valid insurance or licensing requirements for the period of the contract. Goods or services are delivered on time, are receipted appropriately and invoices are paid on time. Specifications and service standards are met through active monitoring of performance and deliverables. The purchaser (business area or school) fulfils their obligations under the contract such as allowing the Supplier access to premises and paying invoices on time. The contract administrator/manager understands the clauses regarding contract variations and extensions and ensure variations and extensions are approved and processed correctly. Supplier invoices are processed and paid within 30 days. Contract delivery or performance issues are addressed promptly and disputes are managed appropriately. Records are maintained and retained. Upon contract finalisation, confirm all close-out activities have been performed and review the contract performance for future learning’s. Effective contract management is founded on a willingness to communicate with the Supplier. This should begin immediately after the purchase order is issued or contract is signed, to confirm that the Supplier understands key aspects of the contract and to resolve administrative matters that could otherwise interfere. If the contract is to last some time, this initial contact is key to generating a sound working relationship. Likewise, when problems arise, the sooner they are raised in conversation with the Supplier, the easier their resolution. A Contract management checklist or Contract management plan, applicable to the value and risk of the contract, and additional tools and guidance on managing contracts are available in the Queensland Government Contract Management Framework and guidelines at http://www.hpw.qld.gov.au/aboutus/ReportsPublications/Guidelines/Pages/ContractManagementGuidelines.aspx Contract Extension/Renewal Before a contract expires, it is important to determine if there is an ongoing business need and what approach will achieve the best value money outcome e.g. finalisation/close-out if no longer required, extending or renewing the contract, or re-engaging the market under a new procurement process. A contract extension occurs when an existing contract duration is extended for a period of time. At the time a contract is extended, other terms might also be varied, such as pricing. A contract renewal occurs when an existing contract comes to an end i.e. expires, and the parties agree to directly enter into a new contract for the same or very similar services. Before any contract is extended or renewed, it must be demonstrated that the decision and approval to extend or renew the contract complies with the department’s purchasing and procurement procedures and is the best strategy to deliver value for money. In particular, the extension/renewal decision must be supported by evidence of ongoing business needs, a supply market analysis, and the Supplier(s) performance should be evidenced as satisfactory and meeting expectations. A record of the reasons and approval of the contract extension or renewal must be maintained including signed memos/briefs, records of conversations and emails to support the extension or renewal. Where there is no extension option previously incorporated into an existing contract, or for contract renewals, an Alternate Sourcing Strategy (PF006) is required for approval by the expenditure delegate and the purchasing or procurement delegate. 2.13 Managing complaints about Purchasing and Procurement Preventing Complaints Conducting purchasing activities with integrity ensuring decisions are defensible is a good start to preventing complaints with the purchasing process. Many complaints may be prevented through: Purchasing and Procurement Instructions v2 October 2015 Page 18 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions • • • • ensuring staff involved in purchasing are suitably trained and understand purchasing policies and procedures ensuring that clear specifications are developed to enable Suppliers to quote accurately and utilise both parties time and effort efficiently taking the time to inform Suppliers about the quotation and evaluation process so they understand government processes providing opportunities for local Suppliers to bid for business and treat all Suppliers equally. Complaints Management Process Complaints may still arise from unsatisfied Suppliers or issues involving conflict of interest or misconduct. In the first instance, complainants should be encouraged to seek resolution though the area managing the purchasing process. The complaint can be managed by: • • • • Acknowledging receipt of the complaint in writing within three business days outlining the process that will be followed. Determining time frames to monitor the progress of the complaint and provide status feedback to complainant. Conducting an investigation of the complaint and record reasons for upholding or rejecting the complaint. Providing a response to the complainant by telephone or face to face and follow with written advice. If the complainant wishes to pursue the matter further, then the complainant may document their concerns in writing using the Procurement Complaint (PF010) form and forward to Corporate Procurement Branch for action. This helps to ensure independent consideration of an issue and provides the opportunity to consider what changes may be needed to prevent recurrence. If the complaint relates to suspected official misconduct, maladministration or other wrongdoing within the department, the Managing Employee Complaints procedure will apply. 2.14 Alternate Sourcing Strategy If though understanding and researching the supply market to identify potential Suppliers, it is determined that the best strategy to meet the purchase requirement if to seek less than the minimum quotations requirements, then an alternate sourcing strategy may be approved. Without limiting the range of circumstances that may justify a decision to approve an Alternate Sourcing Strategy, suitable circumstances may be: • The nature of the requirement is such that common sense dictates the use of a local provider without seeking alternative offers. For example: o The use of a nearby council pool for swimming lessons or competitions o The use of the only bus service in town o Students request that their graduation ceremony be held at a particular venue that is perceived as offering a superior class of ambience as befitting the occasion. • Periodic price checks (for example quarterly) with Suppliers outside the local region confirm that little value can be gained by sourcing the requirement outside the local region. • The nature of the good or service is unique and can only be sourced from one or two Suppliers. Approval of an Alternate Sourcing Strategy For probity and accountability purposes, any Purchasing or Procurement Delegate who approves an Alternate Sourcing Strategy must file a written justification with the purchase documents. The decision must be defensible and capable of withstanding scrutiny. This may be a full written explanation or be provided in the Approval of an Alternate Sourcing Strategy (PF006) form or (PF006) email version. Up to $20,000 Over $20,000 A Purchasing Delegate can approve an Alternate Sourcing Strategy up to the value of $20,000 (ex GST) in situations where the best strategy is to seek less than the minimum required quotes. These can be situations where, for example: • there are only one to two Suppliers in the local region and seeking quotes outside the local region is not likely to achieve significantly better value for money or • due to the unique nature of the requirement and the market place, there are only one or two Suppliers capable of supply. If the purchase is over $20,000 (ex GST) the request must be sent to a Procurement Purchasing and Procurement Instructions v2 October 2015 Page 19 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions Delegate within the Corporate Procurement Branch or Infrastructure Procurement and Contract Management for approval. Procurement Delegates will not approve any Alternate Sourcing Strategy requests in retrospect. Alternate Sourcing Strategy Process Having an alternate sourcing strategy approved does not preclude the need to follow process requirements such as considering risk, seeking a written quote/s, and evaluating offers to ensure value for money. Purchasing processes when following an Alternate Sourcing Strategy should include: • • • • • • • 3. identifying potential Suppliers through market research seeking approval of the alternate sourcing strategy to seek less than the minimum quotes writing the specification and determine the evaluation criteria competing and issuing the request for quotation documentation receiving and evaluating quote/s to ensure value for money forming a contract with the successful Supplier managing the contract performance and delivery Purchases by Parents & Citizens Associations (P&Cs) Whenever P&Cs are undertaking purchasing activities, they are to follow the Purchasing Policies and Procedures for P&Cs. This document outlines their purchasing method options which include: 1. Accessing department and whole-of-Government supply arrangements 2. Requesting the school to manage the purchase; or 3. Detailed instructions when the P&C chooses to undertake the purchase e.g. minimum quotes required. It is important for schools to note the rules around P&Cs entering into agreements and approvals by the Principal as the Minister’s representative. To direct P&Cs to these procedures, they can either go directly to the Education website and navigate to relevant department policies under About us - P&C Associations, or access the P&Cs Qld website and go to the purchasing policy section of the support guide for P&Cs. Purchasing and Procurement Instructions v2 October 2015 Page 20 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions Glossary Term Definition Contract date The date when a contract, or standing offer arrangement, is accepted by, executed by, or effectively binds all parties thereto. Evaluation criteria Criteria established to evaluate compliance of offers with the specification. GITC The Government Information Technology Contracting Framework which Suppliers pre-agree to standard contractual terms and conditions for use in the acquisition of ICT products and/or services. Goods and services Include all property (except for real property) and all types of services including building and construction services. Indigenous Supplier A company either 50% or more Indigenous owned and/or one that employs 75% or more of Indigenous workers. Invitation to Offer Documentation issued by the department inviting offers/quotes for the provision of Goods and/or Services. Also see ‘Request for quote/quotation’. Limited offer process A procurement method where the department invites a Supplier/s of its choice to offer. Local Supplier An Australian or New Zealand Supplier of services or goods produced wholly or partly in Australia or New Zealand. Offer A Supplier’s response to a request for quote or invitation to offer to supply goods and services. Offer is also known as tender, quote, quotation and bid. Open offer process A procurement method where all interested Suppliers may submit an offer. Procurement Activities associated with sourcing goods and services valued over $100,000 excluding GST. This includes the establishment of standing offer, preferred Supplier or pre-qualified supply arrangements. Procurement Delegate The person responsible for certifying that the process used to acquire goods and services over the value of $100,000 complies with the department’s Purchasing and Procurement policies and procedures. Purchasing Activities associated with buying goods and services valued up to $100,000, excluding GST. This may also include buying goods and services valued over $100,000 when purchased from a department or government supply arrangement or contract. Purchasing Delegate The person responsible for certifying that the process of ordering and receiving goods and services up to the value of $100,000 (excluding GST) complies with the department’s Purchasing and Procurement policies and procedures. This may also include ordering and receiving goods and services valued over $100,000 when purchased from a department or government supply arrangement or contract. Queensland Government Body Any of: • a body corporate or an unincorporated body established or constituted for a public purpose by the State of Queensland legislation, or an instrument made under that legislation (including a local authority); • a body established by the State of Queensland through the Governor or a Minister; or • an incorporated or unincorporated body over which the State of Queensland exercises control. Purchasing and Procurement Instructions v2 October 2015 Page 21 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Department of Education and Training – Purchasing and Procurement Instructions Term Definition Queensland Procurement Policy The government’s overarching policy for the procurement of goods and services, including construction. Request for quote/quotation Documentation issued by the department inviting offers/quotes for the provision of Goods and/or Services. Also see ‘Invitation to Offer’. Selective offer process A procurement method where Suppliers that have met pre-established criteria are invited to offer. Significant procurement Includes goods, services and capital projects identified by the department as being high expenditure and/or for which there is a high degree of business risk. Small and medium enterprise An Australian or New Zealand firm employing less than 200 people. Specification The statement of requirement and defines what the purchaser wants to buy and consequently, what the Supplier is required to provide. Standing offer arrangement An arrangement established between the department and the successful Supplier (including without limitation a standing offer arrangement, a register of pre-qualified Suppliers, panel arrangement or preferred Supplier arrangement). Supplier An enterprise known to be capable of supplying required goods and/or services. It includes manufacturers, stockists, resellers, merchants, distributors, consultants and contractors. S.W.O.T. Analysis An analysis of Strengths, Weaknesses, Opportunities and Threats Purchasing and Procurement Instructions v2 October 2015 Page 22 of 22 Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document.