The State Procurement Board was established by the State Procurement Act 2004 and administers
its provisions. Its principal function has been "to undertake, provide for or
control the acquisition, distribution, management and disposal of goods and/or
services for or by public authorities" and to develop policies and guidelines
relating to these responsibilities. Under the Government's unified supply policy
the Board is now responsible for overseeing the procurement of both goods and
services by public sector agencies. It has a key role in the Government's Procurement
Reform Program in agency accreditation, the development of procurement competencies
and strategic contracting.
The post- tender briefing is an important part of the tendering cycle.
It can provide valuable and constructive feedback as to why the supplier's
bid was not successful and provide some useful guidance for preparation of their
future bids.
An unsuccessful tenderer, may request a formal debriefing meeting to discuss
the reasons why their bid was unsuccessful.
Prepare carefully for the debriefing by reviewing the tender against the scope
of work and the evaluation criteria stated in the tender documentation to report
back to the supplier.
Take notes during the debriefing and seek immediate clarification on matters
you do not fully understand.
If the supplier requests an officer to "get back to them" on any matter arising
during the debriefing, ensure that a contact name and contact telephone number
and the date by which the information will be provided - this will enable you
to follow up, if the response date has been passed.
The supplier complaint should first be investigated and resolved timely at
an agency level. Agency procedures should be established by the Chief Executive
to ensure that this is dealt with efficiently. If a resolution cannot be reached,
an independent auditor / arbitrator shall be appointed to strive for resolution.
The State Procurement Board has responsibility for investigating complaints lodged
by suppliers in relation to government purchasing. Suppliers are required to
attempt to resolve their concerns with the public authority concerned before
lodging a complaint with the State Procurement Board . If no agreement is reached
between the parties, then the SPB may undertake a formal investigation. It should
be noted that the SPB is unable to overturn a contract once it is signed.
The agency should include in their annual report to the Board a summary of
the agency's communications management framework and its complaints management
processes.
Records should be maintained on individual complaints and enquiries for the
reference of the Board should the Board be asked to intervene on behalf of a
supplier.
By focusing on the intelligence gathered from the marketplace on the supply
market, current price structure, industry and economic conditions, the following
information can be gathered:
Sourcing of supplier capacity, dynamics and dependencies in the supply
market.
Supply market perception of your agency's position and influence in the
marketplace.
Research and identification of supply market options.
Assessment of risks and sensitivities in the marketplace.
Can an agency buy from a sole supplier without going
to tender?
A waiver of competitive process may be appropriate in some situations, allowing
an agency to purchase from a sole supplier without going to tender.
The reasons for a waiver to purchase from a sole supplier may include:
where the pressures of time are such that an open call is not feasible,
such as where there has been an unanticipated Government policy decision;
where there are significant costs associated with repeated bidding and
evaluation processes and the purchase is a repeat of a fully competitive purchase
made within the previous eleven months and;
where a small, stable and well documented supply market exists such that
the agency can ensure that all potential suppliers are invited to participate;
and
where there may be significant public risk if the procurement is delayed
by process requirements, such as emergency situations threatening life and
property.
What are the principles of purchasing in the South Australian
Government?
Value for money in the expenditure of public funds
Achieving best value for money is the primary objective of procurement.
Best value for money is achieved by applying cost-effective purchasing approaches
to deliver the best overall result for money spent.
Open and fair competition
Competition facilitates the achievement of value for money and provides
fair access by suppliers to government procurement opportunities. Restricted
competition can minimise the value to the agncy, and to the community, of
innovation, efficiencies and choice. Any activity that limits competition
can raise the potential for the integrity of the agency's processes to be
challenged.
Professional integrity and probity
The State Procurement Board expects Chief Executives and agencies to observe
the highest standards of integrity, probity and professional conduct in
procurement practices.
Client service
Procurement activity plays a major role in meeting agency goals. The
structure that is identified and implemented for procurement activity within
each agency should focus on the agency's business needs and provide the linkage
between those needs and resources.
Management of risk
Risk assessment is an integral part of the procurement process. Effective
risk management can contribute to better value for money outcomes in the
purchase of goods and services by minimising uncertainty and by reducing
overall costs.
Chief Executives need to ensure that agency purchasing staff deal with risks
appropriately that is, as exposures that can impact on project costs, delivery
schedules and acceptability to users.
Accountability
Chief Executives hold overall accountability for the integrity and efficiency
of procurement structures and processes within the agency. Chief Executives
are also expected to promote continuous improvement in agency procurement
practices. Individual officers are accountable to the Chief Executive for
the conduct of their procurement roles and responsibilities.
Chief Executives will ensure that officers undertaking procurement maintain
and continue to develop their procurement competencies, are fully aware
of trends in relevant markets and are otherwise informed and qualified to
satisfy their responsibilities. Procurement officers will undertake procurement
ina planned manner, and their activity will be consistent with the Purchasing
Strategically policy and with State Procurement Board policies.
Simplicity
The greatest value for money outcomes will be achieved through procurement
processes that are clear, straight forward, readily implemented and easily
monitored.
Chief Executives will ensure that suppliers and procurement officers participate
in and contribute to effective outcomes from agency procurement processes.
Local industry sourcing where local suppliers can demonstrate competitiveness
and capability.
Local industry sourcing is encouraged where local suppliers' competitiveness
and capability allows. This is consistent with Chief Executives promoting
a 'buy local' philosophy if a local supplier or potential supplier provides
a value for money outcome that exceeds or equals that offered by non-local
suppliers or potential suppliers.
Chief Executives are accountable for the efficiency, effectiveness and integrity
of the agency's procurement activities and outcomes. In developing and implementing
procurement strategies, Chief Executives will ensure that agency procurement
policies and processes accord with and advance the eight key principles.
What services do the State Procurement Board and Contract
Services offer?
Contract Services
Support to the Board a small secretariat, located within Contract Services
the Procurement Development Unit, provides executive support and policy formulation
advice while Contracts Services provides procurement expertise and consultancy
advice to agencies as well as developing and managing strategic and complex
across government contracts on behalf of the Board.
State Procurement Board
The Board supports the reform agenda on a whole-of-government basis by:
developing and disseminating procurement policies relating to purchasing
and contracting of goods and services;
accrediting nominated senior representatives to become members of agency Accredited
Purchasing Units and administering the training curricula and program to achieve
core procurement competencies;
setting standards for procurement initiatives, including electronic purchasing;
monitoring agency purchasing and contracting initiatives and performance;
reporting to Parliament on agency performance and the effectiveness of
the accreditation program; and
managing government-wide a mandated group of high value strategic contracts
and a limited number of tactical, common use contracts from which purchasing
leverage through aggregation can be generated.
The State Procurement Board has powers and functions under the Gaming Machines
Act 1992 relating to the sale and/or transfer of machines, games on those machines
and denominations that may be played on approved games and machines.
What should I do if I need further information on
a supply policy, or further assistance to that provided in the State Procurement Board 's Guidelines located on its website?
Enquiries can be directed to:
State Procurement Board
Procurement Development
Contract Services
Wakefield House
30 Wakefield Street
ADELAIDE SA 5000
Email: spb@saugov.sa.gov.au
