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Government of Western Australia Text Legend Delete this legend before finalising the document Red text is an instruction and should be deleted after reading Blue text should be edited or deleted as required. Change Blue text to Black if keeping Black text should generally be considered as fixed text, however, can be edited to better suit the Public Authority's requirements where necessary Procurement Plan [Products and services procurement templates - procurement plan] TITLE: [Insert the Title] PUBLIC AUTHORITY: [Insert Public Authority Name Here] OR Use Contract Authority for CUA and regional group buy only Contract Authority: Department of Finance Approved by: ........................ ...../..../201___ [Insert name of public authority’s accountable authority or delegate] [Insert Title]

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Page 1: Procurement Plan Template  · Web viewRed text is an instruction and should be deleted after reading. Blue text should be edited or deleted as required. Change Blue text to Black

Government of Western AustraliaDepartment of Your Dept Name here

Text Legend Delete this legend before finalising the document

Red text is an instruction and should be deleted after reading

Blue text should be edited or deleted as required. Change Blue text to Black if keeping

Black text should generally be considered as fixed text, however, can be edited to better suit the Public Authority's requirements where necessary

Procurement Plan[Products and services procurement templates - procurement plan]

TITLE:[Insert the Title]

PUBLIC AUTHORITY:[Insert Public Authority Name Here]

OR Use Contract Authority for CUA and regional group buy only

Contract Authority:Department of Finance

Approved by:

.................................................... ............/.........../201___[Insert name of public authority’s accountable authority or delegate][Insert Title]If for a procurement activity that is $5 million or more insert the following:

State Tender Review Committee Endorsed

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REQUEST DOCUMENT

Date: / /201

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PROCUREMENT PLAN

Table of Contents

1. SUMMARY OF PROPOSED PROCUREMENT 6

1.1 BACKGROUND61.2 SCOPE 61.3 CONTRACT COMMENCEMENT DATE 61.4 NUMBER OF CONTRACTORS 61.5 CONTRACT TERM 61.6 FUNDING 71.7 ESTIMATED CONTRACT VALUE 71.8 CONTRACT AUTHORITY OR CUSTOMER OR CONTRACT

AUTHORITY AND CUSTOMER [Edit to suit option used below]7

1.9 REQUEST AND GENERAL CONDITIONS 71.10 APPROVAL TO PROCEED 81.11 OFFICE OF DIGITAL GOVERNMENT SUPPORT 8

2. CURRENT CONTRACT ARRANGEMENTS 9

2.1 SUPPLY ARRANGEMENTS 92.2 CONTRACT COMMENCEMENT AND EXPIRATION 92.3 CURRENT CONTRACTORS 92.4 CONTRACT/CUA VALUE 92.5 STRENGTHS AND WEAKNESSES OF CURRENT

CONTRACT/ARRANGEMENT 92.5.1 STRATEGIES TO ADDRESS WEAKNESSES 9

2.6 PREVIOUS CONTRACT ISSUES 102.7 PREVIOUS PROCUREMENT PROCESS ISSUES 10

3. PROPOSED PROCUREMENT TIMETABLE 11

3.1 KEY PROPOSED DATES 11

4. RISK ANALYSIS 12

5. BUY LOCAL POLICY AND WESTERN AUSTRALIAN INDUSTRY PARTICIPATION STRATEGY 13

5.1 PLANNING THE PURCHASE 135.1.1 LOCAL BUSINESS CAPACITY 135.1.2 LOCAL CONTENT 145.1.3 EARLY TENDER ADVICE 145.1.4 REGIONAL SKILLS & ECONOMIC DEVELOPMENT 145.1.5 PARTICIPATION PLAN 14

5.2 EVALUATION 155.2.1 PRICE PREFERENCES 155.2.2 VALUE FOR MONEY 15

6. PROCUREMENT RESEARCH 16

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6.1.1 PROCUREMENT STRATEGIES CONSIDERED 166.2 NUMBER OF RESPONDENTS 166.3 STAKEHOLDER RESEARCH 16

6.3.1 INDUSTRY 166.3.2 PUBLIC AUTHORITY 166.3.3 OTHER16

6.4 PROPOSED PROCUREMENT SYSTEMS APPROACH 176.5 SUSTAINABILITY ISSUES 176.6 SPECIFICATION TYPE 186.7 QUALITY REQUIREMENTS 186.8 PRICE RESEARCH 186.9 GATEWAY 18

7. PROCUREMENT METHODOLOGY AND STRATEGY 20

7.1 PROCUREMENT METHOD 207.2 PROCUREMENT OBJECTIVE – VALUE FOR MONEY 207.3 EVALUATION PROCESS AND REQUIREMENTS 20

7.3.1 EVALUATION PROCESS 207.3.2 PRE-QUALIFICATION REQUIREMENTS 207.3.3 COMPLIANCE AND DISCLOSURE REQUIREMENTS

207.3.4 QUALITATIVE REQUIREMENTS 21

7.4 INSURANCE REQUIREMENTS 217.5 EVALUATION RATING SCALE 227.6 PRICE 24

7.6.1 PRICING MODEL 247.6.2 PRICE VARIATIONS 25

7.7 BUYING RULES 257.8 REQUEST BRIEFING SESSION 257.9 EVALUATION COMMITTEE 25

8. CONTRACT MANAGEMENT 26

8.1 GOVERNANCE268.2 CONTRACT MANAGEMENT PLAN 268.3 CONTRACT MANAGER 26

8.3.1 CONTRACT MANAGER 268.3.2 CONTRACT MANAGEMENT TEAM[Delete if no contract

management team] 268.3.3 CONTRACT HANDOVER 27

8.4 PERFORMANCE REQUIREMENTS 278.5 TRANSITION 288.6 CONTRACT REVIEW 288.7 RISK MANAGEMENT 288.8 WAIPS MANAGEMENT AND REPORTING 288.9 CUSTOMER/CLIENT REFERENCE GROUP 288.10 PROMOTION AND MARKETING 288.11 BUYERS GUIDE 29

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8.12 APPLICATIONS FROM NEW SUPPLIERS 298.13 ADDING/REMOVING PRODUCTS 29

APPENDIX A – RISK REGISTER 30

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1. SUMMARY OF PROPOSED PROCUREMENT

1.1 BACKGROUNDState why the procurement is required and expected outcomes.

If a Business Case was prepared in support of the procurement and pertinent issues were raised, make reference to those issues under this heading – cross-reference to other sections within the Plan if relevant.

1.2 SCOPEProvide summary/overview of the project requirements and any special user requirements.

Where approval has been provided to make a CUA (or part of a CUA) non-mandatory, provide details as to when approval was provided and discuss the impact on SSC policies including prior approval received.

1.3 CONTRACT COMMENCEMENT DATEThe proposed contract commencement date is [insert date].

1.4 NUMBER OF CONTRACTORSA single contractor will be appointed.

OR

A single contractor will be appointed for each discreet part of the procurement. There will be [number] discreet parts to the procurement.

[Where a project is structured to be performed in discreet parts and is tendered in one tender and a separate individual contractor, potentially, will be appointed for each discreet part then this is not a panel of contractors. Include details in relation to the number of discreet parts of the project]

OR

A panel of contractors will be appointed.

[If a panel of contractors is to be appointed, include detail in relation to numbers of Orders likely to be placed; a breakdown of the likely value of Orders (eg 50% of Orders are likely to be under $5000); and if there are categories, the number of Orders for each category and the value of each category]

1.5 CONTRACT TERM[Please consider the contract term carefully. While the SSC Open and Effective Competition policy states Accountable Authority approval is required for a contract term longer than five years, there are many factors to consider when determining a contract term. Consideration of these factors could influence the deliberation for a longer than five year contract term.

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upfront investment by suppliers;

life cycle of product being delivered;

the market and whether volatile;

future Departmental needs and

efficacy of previous contract term.]

The proposed contract term is [insert number of years] years.

There are [insert number of years] year extension options available at the absolute discretion of the [Department of Finance (Finance) OR name of public authority].

Provide an explanation of the factors considered, and what influence those factors had on determining the proposed contract term. The explanation is required for all proposed contract terms.

1.6 FUNDING Not applicable to CUAThe availability of appropriate funding has been confirmed by (name and title of senior officer eg Director or equivalent).

1.7 ESTIMATED CONTRACT VALUEThe estimated contract value, including all extension options, is $xx. This equates to $xx per annum.

Provide an explanation of the basis for the contract value eg based on existing contract expenditure; market research; budget availability; projected agency demand; any pricing or usage trends.

1.8 CONTRACT AUTHORITY OR CUSTOMER OR CONTRACT AUTHORITY AND CUSTOMER [Edit to suit option used below][use for CUAs / regional group buys only] The Contract Authority will be the Director General, Department of Finance, as delegate of the State Supply Commission.

OR

[use for Agency Specific requests] The Customer will be the (Accountable Authority title and name of Public Authority).

OR

[use for Agency Specific Panels] The Contract Authority and Customer will be the (Accountable Authority title and name of Public Authority).

1.9 REQUEST AND GENERAL CONDITIONSThe Request Conditions and General Conditions of Contract [October 2018] will apply to this requirement.

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1.10 APPROVAL TO PROCEEDApproval to proceed with the procurement has been provided by (name and title of senior officer eg Director or equivalent).

1.11 OFFICE OF DIGITAL GOVERNMENT SUPPORT[FOR ICT PROCUREMENTS ONLY][Agencies must gain support for all ICT Procurement Activity from the Office of Digital Government prior to submitting the procurement plan to STRC. Please forward information about how this ICT purchase will meet the Government's Digital Strategy to the Executive Director, GovNext Service Broker (GSB) at [email protected].]

The Office of Digital Government has been consulted about this procurement and [supports / does not support] the approach.

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2. CURRENT CONTRACT ARRANGEMENTS

2.1 SUPPLY ARRANGEMENTSThe [current]/[previous] [contract]/[arrangement] for the provision of the [insert product/service title] was by means of Public Tender.

Give a brief summary of the performance of the contract. If no previous contract existed, explain how the products/services have been historically purchased.

2.2 CONTRACT COMMENCEMENT AND EXPIRATIONThe current contract commenced on [insert date]. The contract expiration date is/was [insert date].

Insert further detail in relation to whether the contract was terminated prior to the expiration date or whether there were extensions beyond term and if so, the extended term and value.

2.3 CURRENT CONTRACTORSThe current contract provider(s) is/are [Insert contractor names].

2.4 CONTRACT/CUA VALUEA total of $xxxx has been paid under the contract/CUA.

Insert further detail about the current spend – whether it is increasing or decreasing; how the actual spend is tracking against the awarded value; and any other trends with respect to the contract price.

2.5 STRENGTHS AND WEAKNESSES OF CURRENT CONTRACT/ARRANGEMENTThe strengths of the current contract/arrangement are [insert strengths eg established good supplier relationship, excellent performance delivery, great customer service, local content benefits, eg local business supplier, job creation].

The weaknesses of the current contract/arrangement are [insert weaknesses eg insufficient policy compliance, high transaction costs, poor contract management/administration lack of supplier feedback, no local supplier].

2.5.1 STRATEGIES TO ADDRESS WEAKNESSESThe weaknesses identified are addressed as outlined in the following table: [insert weaknesses as identified above and how the weakness is being address through the procurement strategy or proposed contractual arrangement. Add/delete rows as required.]

WEAKNESS STRATEGY TO ADDRESS

[Insert weakness] [Insert details]

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[Insert weakness] [Insert details]

[Insert weakness] [Insert details]

2.6 PREVIOUS CONTRACT ISSUESOption 1 – No significant problems have arisen during the term of the contract.

OROption 2 – The key issues that arose from this contract and their impact were as follows: (include information about how these issues were addressed)

a) Implementation;

b) Price; and

c) Performance reviews.

2.7 PREVIOUS PROCUREMENT PROCESS ISSUESOption 1There were no significant issues with the previous procurement process to form the current contract.

OROption 2The key issues that arose during the previous procurement process and their impact were as follows: (include information about how these issues have been addressed for this procurement process)

a) [Insert details ie lack of or minimal bids received, excessively long procurement process];

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3. PROPOSED PROCUREMENT TIMETABLE

3.1 KEY PROPOSED DATESThe key dates for the proposed procurement are as follows:

Edit as applicable

STAGE TARGET DATE

Early Tender Advice notification

Procurement Plan submitted to STRC

STRC endorsement of Procurement Plan

Procurement Plan approval by Accountable Authority

Request documentation completed

Draft Request advertised for industry comment

Pre-Tender Industry Forum

Approval of Request document

Request advertised

Request briefing

Request closes

Request evaluation and recommendation

Evaluation Report submitted to STRC

STRC endorsement of Evaluation Report

Evaluation Report approval by Accountable Authority

Contract negotiations

Contract commencement date

Contract Management Plan submitted to STRC

STRC noting of Contract Management Plan

Contract Management Plan approval by Accountable Authority

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4. RISK ANALYSIS[Select the most appropriate option below]

[Option 1]The proposed new contract(s) should not put the Government/public authorities/supplier at any undue risk [Include next sentence if applicable]. Furthermore, the proposed contract is not new to government and contracted procurement of this service/product is currently being successfully used by [insert public authority].

[OR Option 2]A number of risks were identified in the proposed procurement.

See Appendix A for identified risks, along with their ratings and management strategies. [Note: risks must be attached, regardless of risk rating]

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5. BUY LOCAL POLICY AND WESTERN AUSTRALIAN INDUSTRY PARTICIPATION STRATEGYThe following provides an overview of the Buy Local Policy and Western Australian Industry Participation Strategy (WAIPS) issues that need to be considered as part of the Procurement Plan. The level and type of information provided depends on the nature of the procurement. Further reference to the Buy Local Policy and the WAIPS should be made for further consideration of the issues. The Buy Local Policy may be found at http://www.finance.wa.gov.au/cms/State_Supply_Commission/Other_Government_Policies.aspx. Guidance on WAIPS and its implementation may be found at: www.industrylink.wa.gov.au or contact the Industry Link Advisory Service at the Department of Jobs, Tourism, Science and Innovation, telephone 9222 0722.

Prior to the finalisation of the Procurement Plan and with respect to:

Buy Local Policy requirements, approval to use an alternative strategy in a specific purchase or contract regarding price preferences must be secured; and

WAIPS Participation Plan requirements, approval to not include the Participation Plan as a weighted qualitative requirement must be sought and a decision obtained.

The above approvals and exemptions are to be sought from the Local Content Advisory Committee, c/- the Industry Participation Team at the Department of Jobs, Tourism, Science and Innovation, telephone 9222 0779, email: [email protected]. A minimum of fifteen (15) working days should be allowed for either of these processes.

5.1 PLANNING THE PURCHASE5.1.1 LOCAL BUSINESS CAPACITY

Describe what research has been undertaken to examine the level of capability of local businesses to meet the procurement requirements. Some examples are provided, below. Please adapt, delete and/or add more dot points as appropriate. Note WAIPS requirements such as consultation with Local Content Advisors and contract structure and buying rules if CUA or panel contract with state-wide delivery points to provide opportunities for regional industry participation.

Local businesses have the capacity to meet the contract size and scope requirements, based on:

previous, similar or current contracts – did local businesses respond;

discussions with the Industry Link Advisory Service (Department of Jobs, Tourism, Science and Innovation) and with Local Content Advisors (Regional Development Commissions, Department of Primary Industries and Regional Development)

discussions with relevant industry associations, the Industry Capability Network Western Australia;

a number of potential local business respondents;

research undertaken by public authority and/or Finance;

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flexibility for respondents to respond to all or some of the required products/services; and

a potential for local industry development.

5.1.2 LOCAL CONTENTDescribe what research/processes have or will be undertaken to examine how to maximise the level of local content. Also indicate the anticipated level of local content. Local content should be examined at a number of levels; regional, Western Australian and Australia.

Note WAIPS requirements such as consultation with Local Content Advisors and contract structure and buying rules if CUA or panel contract with state-wide delivery points to provide opportunities for regional industry participation.

Some examples are provided, below. Please adapt, delete and/or add more dot points as appropriate.

The anticipated level of local content for this contract is as follows:

The majority of the products, materials and services and the degree the contract outcomes are anticipated to be sourced locally;

A local Western Australian supplier is likely to source the products from elsewhere, but is likely to undertake repairs and maintenance locally;

A local Western Australian supplier is likely to source all required services from within Western Australia;

A local supplier may (insert manufacture the goods, provide the repair and/or maintenance services etc) in Western Australia; and

(Insert other example).

This estimation is based on:

the level of local content for previous, similar or current contracts; and

(insert results of other research).

5.1.3 EARLY TENDER ADVICEAn early tender advice notice [shall be]/[has been] placed on Tenders WA for this proposed procurement.

5.1.4 REGIONAL SKILLS & ECONOMIC DEVELOPMENTFor regional contracts with a value of over $500,000, the Procurement Plan must address how regional skills and economic development will be maximised via the procurement process.

5.1.5 PARTICIPATION PLANUnless otherwise exempted by the Minister for Jobs or their delegate, the Contract Authority/Customer must include the Participation Plan as a weighted criterion. The decision to weight the Participation Plan at 10% or 20%, rests with the procuring agency, and should be made on the basis of the existence of a competitive market for the goods or services. The Procurement Plan must address why a 10% or 20% weighting has been selected.

The Minister for Jobs may identify certain projects or procurements as having strategic importance to Western Australian economy and declare these to be a ‘Strategic Project’. If this is the case, indicate this here inclusive of any additional

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local commitments and any upward variation to the qualitative requirement weighting as prescribed by the Minister for Jobs.

The Participation Plan will be included as a qualitative requirement with a [10% OR 20%] weighting and Respondents will be required to complete the Participation Plan annexure. (insert details to selection of applicable weighting)

5.2 EVALUATION5.2.1 PRICE PREFERENCES

Price preferences (including regional and imported content impost) will be applied where applicable.

5.2.2 VALUE FOR MONEYBenefits from purchasing from local businesses and the level of local content, will be recognised in assessments of value for money and assessing responses against State local industry development objectives.

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6. PROCUREMENT RESEARCH

6.1 ALTERNATIVE PROCUREMENT OPTIONS6.1.1 PROCUREMENT STRATEGIES CONSIDERED

Provide details of the procurement strategies considered (eg. Single Stage or Two Stage, Open Tender, pre-qualification, leasing, public/private partnerships, source from internal resources, source from other public sector agencies, not source, or whether a CUA exists or is under development but is not suitable for this requirement), benefits analysis for each option, and which option is preferred.

State why the preferred option was chosen eg best method to achieve a value for money outcome, achieve regional purchasing objectives, used in past successfully for similar services/products. This should be a business case type analysis and may be several pages long. It should include details of all contract structure and non-contract options for the products/services provision.

6.2 NUMBER OF RESPONDENTSIt is anticipated that [insert number] responses will be received, based on [insert reason eg previous experience in contracting for this product/service, industry size etc].

The majority of respondents are likely to represent big/medium/small firms from Western Australia/the Eastern states/overseas.

6.3 STAKEHOLDER RESEARCH All relevant stakeholders have been consulted in relation to this proposed procurement.

A summary of the stakeholder research and feedback is as follows:

NB: sub-sections listed below have a CUA focus6.3.1 INDUSTRY

Research undertaken

Current relationships/delivery mechanisms

Impact of the CUA or contract on industry, particularly in regional areas.

6.3.2 PUBLIC AUTHORITY Summarise potential usage of different public authorities if a CUA or if an

agency specific contract, details of other agencies who use the good or service and their experiences

Outline current buying arrangements and any impact on these arrangements the new CUA or contract may have.

6.3.3 OTHER Research undertaken (please specify eg schools, local council, community

groups, special clients – disabled, seniors)

Current relationships/delivery mechanisms

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If a CUA the impact of the CUA on these groups, particularly in regional areas.

CUA’s or contracts in other Australian states or the private sector.

6.4 PROPOSED PROCUREMENT SYSTEMS APPROACH [CUA ONLY]In consultation with the Procurement Systems and Standards Directorate, outline the method(s) by which customers will procure from the CUA.

This includes examining alternatives for online purchasing and online data/catalogues and their integration with existing systems and buyer/industry processes. (Note that buying rules should not be presented here – they are presented at Section 7.7).

The procurement systems approach chosen for this CUA is (insert preferred approach) because it meets the buyer’s needs in these ways:

List reasons

6.5 SUSTAINABILITY ISSUESThe Plan should identify and address sustainability issues – the level of effort expended to minimise the impact of procurement should be commensurate with the nature of the purchase. The sustainability issues may include:

Use of recycled or recovered materials;

Product reusability and/or recyclability;

Durability;

Energy efficiency and consumption;

Water efficiency;

Waste prevention;

End of life disposal method;

Environmental health issues;

To support sustainability, the following initiatives will be incorporated: (for example)

a). The qualitative requirements will provide a positive advantage to products, services and/or processes that minimise environmental impact eg Qualitative requirements will give preference to recycled or recovered materials

b). The specification will give consideration to standards, codes or legislation where appropriate

c). Information will be sought from suppliers on the environmental impact of products, services and process tendered (eg accreditation, practices, recycled content, durability and reuse options, hazardous material content, energy efficiency, waste prevention, water efficiency)

For further information regarding sustainability impact issues, refer to the State Supply Commission’s Sustainable Procurement Policy.

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6.6 SPECIFICATION TYPEThe type of specification utilised will be technical/performance orientated/functional as the requirements [insert reason for choice eg must be highly detailed and complex/require outcome based performance/can/cannot be accurately described in sufficient detail].

6.7 QUALITY REQUIREMENTSThe quality requirement for this contract will be [x].

Other standards and/or competencies to be adhered to include [insert other standards eg customer service, servicing/maintenance, training].

If there exists a Quality Assurance Standard for this particular good or service then include the following

The Quality Assurance [x] is the standard in this particular industry and therefore, will have no impact upon small business.

6.8 PRICE RESEARCHOutline the different pricing mechanisms available and their suitability and suggest the most appropriate alternative.

6.9 GATEWAYPremier’s Circular 2016/05 requires public authorities to complete Gateway reviews at appropriate stages for:

Infrastructure projects valued at $100 million (inclusive of GST) and above;

ICT projects valued at $10 million (inclusive of GST) and above; and

Other projects identified by the Department of Treasury.

Public authorities can request a review for a project that does not meet any of the criteria outlined above, but are considered high risk.For further information on Gateway reviews and the process visit www.finance.wa.gov.au/cms/Government_Procurement/Gateway/Gateway.aspx or contact the Finance Gateway Unit at [email protected].

Select one of the options below after considering the requirement of the Premier’s Circular.

This procurement does not meet the criteria for a mandatory Gateway review.

or

This procurement meets the criteria for a mandatory Gateway review and the (public authority name) has, in consultation with Finance, determined the appropriate gates for the review.

or

This procurement meets the criteria for a mandatory Gateway review but the (public authority name) applied for and has been granted an exemption from a Gateway review by Finance.

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This procurement does not meet the criteria for a mandatory Gateway review but the (public authority name) considers this procurement as high risk and has, in consultation with Finance, determined an appropriate review process.

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7. PROCUREMENT METHODOLOGY AND STRATEGY

7.1 PROCUREMENT METHODThe proposed procurement method will be [Detail as per the preferred option identified at 6.1.1 Procurement Strategies Considered].

7.2 PROCUREMENT OBJECTIVE – VALUE FOR MONEYThe objective of this procurement is to focus on and achieve, best value for money – that being the best outcome for the State as a whole considering price and other, non-cost factors, in addition to the requirement for the Public Authority.

To achieve this objective, the information provided by respondents in relation to the following:

a). Pre-Qualification Requirements (if specified);

b). Compliance and Disclosure;

c). Qualitative Requirements; and

d). Price schedule requirements.

as outlined in Section 7 will be utilised to help determine best value for money.

7.3 EVALUATION PROCESS AND REQUIREMENTS7.3.1 EVALUATION PROCESS

A recommendation will be made based on an assessment of:

a). Pre-Qualification Requirements (if specified);

b). Compliance and Disclosure;

c). Qualitative Requirements; and

d). Price schedule requirements.

[and, if applicable]

Insert other evaluation process details eg if the evaluation process includes interviews, presentations or shortlisting.

7.3.2 PRE-QUALIFICATION REQUIREMENTSThere are no pre-qualification requirements.

OR [Delete the one that is not required]

The proposed pre-qualification requirement/s are as follows:

(insert requirement)

(insert requirement)

Failure to comply with any of the above-mentioned pre-qualification requirements will eliminate the Respondent from further consideration.

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7.3.3 COMPLIANCE AND DISCLOSURE REQUIREMENTSThe proposed compliance and disclosure requirements are as follows:

a). Compliance with the Head Agreement;

b). Compliance with the Customer Contract;

c). Compliance with the General Conditions/Schedules; and

d). Disclosures:

Participants (including subcontractors)

Criminal Convictions

Conflict of Interest

Small Business, Australian Disability Enterprise (ADE) and/or Aboriginal business

Credit Card/Purchasing Card Payment

Software Licence Agreements

Competitive Neutrality

Professional Standards Scheme

Disclosure of Information between State Revenue and the Contract Authority [ONLY use this clause for CUAs and regional group buys, delete if not applicable]

The Contract Authority or Customer reserves the right to reject any Offer that does not properly address any of the Compliance and Disclosure Requirements.

7.3.4 QUALITATIVE REQUIREMENTSThe proposed qualitative requirements are as follows [include sub-elements for the requirements]:

a) (Insert qualitative requirements) - (insert weighting)%;

b) (Insert qualitative requirements) - (insert weighting)%; and

c) Participation Plan - ([10%] OR [20%])%.

[See at 5.1.5 Industry Participation Plan for details on the Participation Plan weighted qualitative requirement]

7.4 INSURANCE REQUIREMENTSThe proposed insurance requirements are as follows:

a). Public Liability Insurance for an amount of not less than [$20 million] for any one occurrence and unlimited in the number of occurrences happening in the period of insurance;

b). Public and Products Liability Insurance for an amount of not less than [$20 million] for any one occurrence, unlimited in the number of occurrences happening in the period of insurance for public liability and limited in the annual aggregate to [$20 million] for products liability;

c). Professional Indemnity insurance for a sum of [between $1 million - $5 million (dependent on level of risk)] for any one claim and in the annual

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aggregate, with a provision of one automatic reinstatement of the full sum insured in any one period of insurance;

d). Workers’ Compensation Insurance for an amount of not less than $50 million for any one occurrence; and

e). Motor Vehicle Third Party insurance for an amount of not less than $30 million for any one occurrence or accident and Compulsory Third Party insurance.

[The $30 million coverage stated in this clause should be reassessed where the nature of the use of the vehicle may require a higher limit, for example, fuel cartage.]

f). Technology (Cyber) Liability InsuranceThe inclusion of this insurance type should be considered for procurements, when as part of a detailed risk assessment, a cyber liability exposure is identified.

The risks covered by Technology (Cyber) Liability insurance include the Respondent’s legal liability following a “cyber attack” for claims arising from:o the public disclosure of personal or corporate informationo liability, loss of, damage or destruction to any property (including data)

whilst in the care, custody or control of the Respondento a breach of confidentiality or privacyo any act or omission by an unauthorised person or entity resulting in loss

of, damage or destruction to the computer system (including hardware, software and data) owned or used by the Respondent.

Where it is believed this insurance type should be included, contact RiskCover to discuss and, as applicable, obtain the clause and insurance limit.

7.5 EVALUATION RATING SCALEA rating scale of 0-9 will be used for evaluating each submission. Panel members will be required to score each Respondent’s response to the qualitative requirements. The rating scale and a description for the range of scores is shown in the table below. Where ‘Participation Plan’ is a separate qualitative requirement, panel members will use the rating scale shown in the second table to score that qualitative requirement. [Delete this sentence and the second table if the Minister for Jobs or their delegate has granted an exemption from the requirement to include the Participation Plan qualitative requirement]

SCORE DESCRIPTION

0

The response does not address the qualitative requirementOR

The evaluation panel is not confident that the Respondent: Understands the Request requirements covered by this qualitative

requirement; and / or Will be able to satisfactorily meet the Request requirements covered by this

qualitative requirement.

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3

The evaluation panel has some reservations whether the Respondent: Understands the Request requirements covered by this qualitative

requirement; and / or Will be able to satisfactorily complete the Request requirements covered by

this qualitative requirement.If Minor concern: rate higher (4). If Major concern: rate lower (1 or 2).

5

The evaluation panel is reasonably confident that the Respondent Understands the Request requirements covered by this qualitative

requirement; and / or Will be able to satisfactorily complete the Request requirements covered by

this qualitative requirement to a reasonable standard.

6

The evaluation panel is confident that the Respondent Understands the Request requirements covered by this qualitative

requirement; and / or Will be able to satisfactorily complete the Request requirements covered by

this qualitative requirement to a reasonable standard.

7

The evaluation panel is confident that the Respondent: Understands the Request requirements covered by this qualitative

requirement; and / or Will be able to satisfactorily complete the Request requirements covered by

this qualitative requirement to a good standard.

8

The evaluation panel is confident that the Respondent: Understands the Request requirements covered by this qualitative

requirement; and / or Will be able to satisfactorily complete the Request requirements covered by

this qualitative requirement to a high standard.

9

The evaluation panel is confident that the Respondent: Understands the Request requirements covered by this qualitative

requirement; and / or Will be able to satisfactorily complete the Request requirements covered by

this qualitative requirement to a very high standard.

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[If Participation Plan is a separate qualitative requirement include the rating scale table as shown below – if not, delete it.]

The rating scale to be used to evaluate the Participation Plan qualitative requirement is shown below:

SCORE DESCRIPTION

0 The response does not contain sufficient information to make any assessment.

1

The evaluation panel is not confident that the potential supplier understands the requirements of the WAIPS. ORThe response does not contain sufficient information to demonstrate how the potential supplier will achieve WAIPS requirements.

3

The response offers minimal benefits in relation to the WAIPS.ORThe evaluation panel has some reservations as to whether the potential supplier will be able to satisfactorily meet WAIPS requirements.

5

The response offers a reasonable or average level of benefits in relation to the WAIPS.ORThe evaluation panel is reasonably confident that the potential supplier will be able to satisfactorily meet WAIPS requirements to a reasonable standard.

7

The response offers a high or above average level of benefits in relation to the WAIPS.ANDThe evaluation panel is confident that the potential supplier will be able to satisfactorily meet the WAIPS requirements to a high standard.

9

The response offers a very high level of benefits in relation to the WAIPS.ANDThe evaluation panel is completely confident that the potential supplier will be able to satisfactorily meet the WAIPS requirements to a very high standard.

7.6 PRICE7.6.1 PRICING MODEL

Respondents will be required to complete a price schedule requesting prices for each of the following components of the procurement [eg for a products contract, supply, deliver, installation and commissioning]. Prices will be submitted on a lump sum/hourly rate/cost per item price structure.

To ensure that a fair comparison of prices can be made, estimated/actual hours, quantities will be provided in the Request document.

In comparing respondent’s prices, a whole of life cycle cost approach will be taken.

If lease vs outright purchase is an option include the following information:

Respondents will provide prices based on outright purchase and operational lease basis.

If outright purchase and lease options exist:

a) Competitive prices for equipment and finance will be obtained when leasing;

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b) A comprehensive analysis of the outright purchase versus lease prices will be undertaken by financial experts as part of the evaluation process; and

c) Financial and legal advice will be sought when entering into the lease agreement.

7.6.2 PRICE VARIATIONSThe Contractor’s prices will be fixed/variable. [If variable explain the permitted price variations and the method in which suppliers must apply for price variations]

7.7 BUYING RULES[Panel Contracts and CUA Only]Explain the buying rules.

7.8 REQUEST BRIEFING SESSIONA mandatory/non-mandatory request briefing will be held during the request advertisement period. The purpose of the briefing session will be to outline and clarify the basis and details of the proposed contractual framework.

7.9 EVALUATION COMMITTEEAn evaluation panel made up of the following people will evaluate responses:

a). Title and agency;

b). Title and agency;

c). Title and agency; and

d). Title and agency.

Include also the name of any independent panel members, especially for incumbent supplier contracts. Eg probity auditor, legal advisor, facilitator etc.

The evaluation panel should include a range of skills and experience relevant to the nature of the purchase and include a panel member with an appropriate amount of procurement expertise. Ideally the Contract Authority’s / Customer’s Representative (contract manager) should participate as a member of the evaluation panel.

Non-public servants should not be voting panel members.

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8. CONTRACT MANAGEMENT

8.1 GOVERNANCE[use for CUAs / regional group buys]

The Department of Finance, as the Contract Authority, will retain the rights and responsibilities for risk management, performance management, dispute resolution, extensions, variations, reviews and termination issues relating to the standing offers established pursuant to the request process.

Where Public Authorities and other specified parties buy off the standing offers they will retain the rights and responsibilities for risk management, performance management, dispute resolution, extensions, variations, reviews and termination issues relating to the contract/s formed.

[use for Agency Specific requests]

The (accountable authority title and public authority name), as the Customer, will retain the rights and responsibilities for risk management, performance management, dispute resolution, extensions, variations, reviews and termination issues relating to the contract/s established pursuant to the request process.

[use for Agency Specific Panels]

The (accountable authority title and public authority name), as the Contract Authority and Customer, will retain the rights and responsibilities for risk management, performance management, dispute resolution, extensions, variations, reviews and termination issues relating to the Panel Arrangement and the contracts established pursuant to the request process.

8.2 CONTRACT MANAGEMENT PLANFinance/(public authority name) will develop a contract management plan in accordance with the State Supply Commission Procurement Planning, Evaluation Reports and Contract Management policy.

8.3 CONTRACT MANAGER8.3.1 CONTRACT MANAGER

The proposed contract manager for the contract will be:[If the contract is to be managed by a team, the person identified here should be the person leading the team and who has the responsibility for the management of the contract and the team]

Name:

Position Title:

8.3.2 CONTRACT MANAGEMENT TEAM[Delete if no contract management team]The contract will be managed by a team and the team leader is identified above. The contract management team will also be comprise of the following members:

Name Position Role and Responsibilities

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8.3.3 CONTRACT HANDOVERThe contract manager [or, edit as required]The contract management team member, [insert name], will be involved in the procurement process and as such, will collect and collate all the appropriate information and documentation to ensure the contract can be managed efficiently and effectively.

A contract handover will not be required.

or

The contract manager or a contract management team member[delete team member part if no team] will not be involved in the procurement process.

A contract handover will be required to collect and collate all the appropriate information and documentation to ensure the contract can be managed efficiently and effectively.

This will occur as follows:

[Detail how the contract handover will occur to ensure the contract manager and/or team will have all the appropriate information and documentation to ensure the contract can be managed efficiently and effectively]

8.4 PERFORMANCE REQUIREMENTS[Supplier Performance Management requirements should be considered. Refer to the Supplier Performance Management Framework located at www.finance.wa.gov.au under > Government Procurement > I Manage a Contract > Supplier Performance]

The proposed contract management performance requirements for the contract are:

a). Key Performance Indicators

The criteria that will be used to measure the performance of the contractor are as follows:

Detail KPI’s to be included to monitor performance and to ensure outcomes are achieved.

If KPI’s are not being specified provide details about how contractor performance will be measured.

e). Reporting

The contractor/s will be required to provide Finance/(public authority name) with the following reports:

List proposed reporting requirements eg. the type and frequency of reports required.

Include details regarding Participation Plan reporting. Under the WAIPS, successful suppliers and agencies may also be required to report on the achievement of commitments made in the Participation Plan. A reporting

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template should be attached to the Request. This reporting may occur even where an exemption to include the Participation Plan weighted criteria, however, in an amended form. Successful suppliers are to report on Participation Plan commitments:

annually on the contract commencement anniversary and then at the expiry of the Term if the Term is greater than 12 months; or

once at the expiry of the Term if the Term is 12 months or less.

Expand on CUA reporting requirements if relevant.

f). Meetings

The proposed meeting requirements to be included are as follows:

List proposed meeting requirements eg. type and frequency of meetings required.

8.5 TRANSITIONDetail any contract start up issues and/or any transition in and out issues. Provide details of the proposed strategy for managing these issues.

8.6 CONTRACT REVIEWFormal reviews of the contract will be undertaken by the contract manager prior to contract extension and expiry to ensure outcomes are being achieved and value for money claims are validated.

8.7 RISK MANAGEMENTIdentified risks (refer Appendix A – Risk Register) and any new risks that arise during the contract will be actively reviewed and managed, and where required, after contract expiration (e.g extended professional indemnity insurance requirements).

8.8 WAIPS MANAGEMENT AND REPORTINGProcedures will be put in place to:

a). Actively monitor and manage the ongoing requirement, commitments and obligations of the contractor (private sector provider) to maximise industry participation and development; and

g). Obtain Participation Plan report/reports from the contractor against stated contract outcomes – including the use of local suppliers and subcontractors and employment creation. [Refer to 8.4b). Reporting for details about WAIPS reporting requirements]

8.9 CUSTOMER/CLIENT REFERENCE GROUP [CUA ONLY]The contract manager may establish forums to regularly discuss contract issues and ensure that high levels of supplier performance and customer satisfaction are

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maintained. This may be achieved through establishing a Customer/Client Reference Group (CRG) consisting of representatives from Finance and key stakeholder public authorities.

Where applicable the contract manager will ensure that the reference group is kept aware of the status of this contract by effective control of due processes such as performance, disputes strategy and change management.

8.10 PROMOTION AND MARKETING[CUA ONLY]Promotion and marketing is critical to the implementation and continued success of this contract. Finance will employ several strategies in order to promote the contract. These include:

Launch of the contract with appropriate media communications;

Briefings to public authorities, both following contract award and subsequent needs, to inform buyers about the contract and provide tips for ‘smarter buying’;

Development of brochures for public authority distribution;

Maintenance of regular communications with key contact personnel to provide advice about contract changes; and

Development of a Buyers Guide to support the contract.

In addition, whole of government publications that have a wide audience base will be evaluated as tools for raising awareness about the new contract.

8.11 BUYERS GUIDE [PANEL CONTRACTS AND CUA ONLY]A Buyers Guide will define the buying rules and processes buyers are required to follow to procure products under the Contract. A summary of the contact details for each Supplier will be included in the Buyers Guide for this contract.

8.12 APPLICATIONS FROM NEW SUPPLIERS[PANEL CONTRACTS AND CUA ONLY]Describe the approach that will be taken when non-contracted suppliers apply to join the Panel or CUA.

8.13 ADDING/REMOVING PRODUCTS[PANEL CONTRACTS AND CUA ONLY]Describe the approach that will be taken when products are to be added and/or removed from the Panel Contract or CUA.

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APPENDIX A – RISK REGISTER[Insert a risk register here.

There is no single risk register or table that must be used in this section. The Risk Register provided in the Department of Finance ‘Risk Workbook’ template can be used, or any other risk register, table or other means of documenting risk.

As a minimum, this appendix should describe the risks identified, along with their ratings and treatment strategies. ]

The Appendix title can be edited as appropriate.]

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