Aggregated purchasing demand – procurement guide Setting up and using common use arrangement for Victorian Government departments and agencies Governance Policy Complexity and Capability Policy Market Analysis and Review Policy Market Approach Policy Contract Management and Disclosure Policy What is aggregated demand? Aggregated purchasing demand is grouping together demand for commonly purchased goods and services to harness greater economies of scale when negotiating with potential suppliers. An aggregated demand under VGPB policy framework can be a state purchase contract or a sole entity purchase contract. State purchase contracts (SPC) is an aggregated arrangement for use by government departments and agencies across the Victoria Government sole entity purchase contracts (SEPC) is established for one department or a business unit/group of business units within an organisation. An aggregated demand can be mandated or non-mandated: mandated: Covers all departments and some outer budget agencies. These are used where there is strong and ongoing demand for common use goods and services that can be easily defined in advance. non-mandated: Set up for all departments and outer budget agencies to use as required. Non-mandated SPCs are used where future demand cannot be adequately defined in advance. The Market analysis and review policy details the mandatory requirements for establishing, managing and operating SPCs and SEPCs. SPCs and SEPCs must detail the rules of use for buyers intending to purchase under the contract. Terminology Pre-qualified supplier arrangements (also known as multi-use lists, a register or multiple supplier arrangement) are arrangements where individual suppliers satisfy the conditions for inclusion but are not formally contracted to provide goods and or services. When to set up an SPC or SEPC The analysis of spend data and a complexity assessment of your procurement categories will identify opportunities to aggregate demand. What does an SPC/SEPC look like? SPC/SEPCs can be structured in a number of ways including, but not limited to, the following arrangements: sole or multiple suppliers (multiple suppliers constitute a panel arrangement); open or closed arrangements; pre-qualified supplier arrangements; brokerage service model; master vendor; or software licence enterprise agreements (an agreement to supply multiple software licences and associated services on a whole of government or entity basis). Using this guide This guide accompanies the Victorian Government Purchasing Board’s (VGPB) new procurement framework. Refer to the policies for mandatory requirements. For more information, visit the Procurement Victoria website at www.procurement.vic.gov.au These sourcing models are explained in more detail in Table 1. Accessing any of the arrangements listed above requires compliance with the rules of use established for that arrangement. Table 1: Sourcing models Option Description Sole supplier Where one supplier will meet the specified requirements. Multiple supplier arrangements Multiple supply arrangements are used to deliver increased competition which can result in increased savings and access to a broad range of skillsets, capabilities and innovation. Pre-qualification arrangements allow all eligible suppliers access to government business through a pre-qualification process. Typically used where a wide variety of skills and capabilities are sought across a large supplier base. For further information about pre-qualification arrangements refer to the guideline for pre-qualified supplier arrangements. Panels allow contracted suppliers access to government business through a detailed tender process typically used where products and services sought are generic and where further savings and administrative efficiencies can be generated through aggregation of spend within a limited supply base. Panels can be either open or closed (see guidance below). Master vendor A single supplier with pre-defined contractual rates responsible for developing partnerships with second tier suppliers for the purpose of engaging specialists to provide services. Can be used to reduce complexity and administration in managing contracts while ensuring broader access to supply (e.g. staffing services). Broker Where an individual or group is engaged to source services from a third party (typically various manufacturers) and provide quotations based on pre-defined statements of work. Used where market expertise and buying power is low to deliver better value for money (e.g. print services). Multiple supplier arrangements Such arrangements may vary in complexity and scope. They can be a pre-qualification arrangement or a panel, they can be open or closed arrangements. A pre-qualification arrangement is a list of suppliers who satisfy certain key selection criteria relating to their interest and capability in supplying particular goods and/or services. Generally there will be terms and conditions for being party to the arrangement but no head agreement. A panel arrangement establishes a contract with suppliers through a more detailed market approach. A head agreement is established. Open arrangements Open arrangements allow new suppliers to be added during the term of the arrangement. The arrangements for adding/removing suppliers should be included in the information provided to the market when establishing the arrangement. Open arrangements may be appropriate when: prices or rates are indicative and may fluctuate there is diverse expertise or a large number of suppliers in the marketplace the requirement is broad the market is emerging or immature, and there is a likelihood of new entrants and changes over time, or the period of the arrangement is particularly long. Closed arrangements Closed arrangements generally have a set number of suppliers for a given period of time. Such arrangements may be appropriate when: Aggregated purchasing demand – procurement guide 2 fixed prices, fees or rates apply there are specific requirements such as specialised skills and knowledge regional or area based suppliers are needed to ensure responsiveness product differentiation exists in the marketplace new products, providers and technologies are constantly emerging there is a strong potential for government purchasing power to influence the market, which would be restricted if the arrangement was closed to new entrants, and demand is not well understood at the start of the arrangement. Optimal number of suppliers The number of suppliers in an arrangement should take into account the scope of work to be allocated among suppliers and the ability to achieve continuous improvement through effective contract management. In establishing an arrangement, consideration should be given to the following: the anticipated amount of work offering participating parties a choice of suppliers the type and breadth of goods and services and whether individual suppliers can fulfil all requirements the cost to the suppliers participating in relation to the estimated work obtained and the cost to managing the panel arrangement. The indicative number of suppliers should be considered when developing the business case and noted in the information provided to the market. Rules of use All multiple supplier arrangements are to have rules of use that determine how buyers are to invite, select and manage suppliers from the arrangement. Rules of use can be consistent across the whole arrangement or segmented to reflect the different goods and services available from the arrangement. Segmenting the rules of use should occur under common core requirements to deliver a high degree of process consistency. Segmenting the rules of use has particular relevance where: the complexity of supply across the arrangement is varied; suppliers on the arrangement have different skill sets and competencies; supplier risk is not consistent across the whole arrangement; there is diversity in the capability of suppliers; and where the requirement to supply is associated with different geographic regions. Rules of use can provide consistency in the management of suppliers: where a multi supplier arrangement does not have a head agreement in place, the rules of use should stipulate that procurement from the arrangement valued at over $100 000 (incl. GST) be published on the Contracts Publishing System; and the rules of use may also stipulate information to be included on the purchase order to assist with record management practices. Changing contract arrangements: The SPC/SEPC contract manager is usually responsible for approving administrative variations. Financial commitments or changes in estimated costs in relation to an individual purchase should be approved by a person with the appropriate financial delegation. Access to an SPC or SEPC for non-government bodies Subject to approval of the lead agency, eligible (tax exempt) non-government bodies associated with philanthropic or other public benefit activities may access the goods and services under contract by committing to comply with the rules of use. Aggregated purchasing demand – procurement guide 3