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COOPERATIVE AGENCY PROCUREMENT

Principles
1. Cooperative Procurement is where more than one entity approaches the market together (i.e. clustering) or where
an entity accesses another entitys established contract or standing offer arrangement (i.e.piggybacking). It enables
entities to reduce expenditure by sharing administration costs and utilising their combined economies of scale.
2. Cooperative Procurement may also be referred to as collaborative procurement or multi agency access (MAA) in
planned procurements, approaches to market (ATMs), multi-use lists (MULs) and standing offer notices (SONs)
published on AusTender.
3. Value for money is the key consideration in cooperative arrangements. Entities should assess cooperative
procurement against other procurement options to determine the process that will achieve the best value for money.
4. Entities should consider cooperative procurement options as part of their procurement planning. This includes:

determining if another entitys existing arrangement would provide a better value for money outcome than a
new approach to the market (particularly in maximising market benefits by aggregating the purchase of goods and
services in common use, and delivering savings including reduced costs of tendering);

considering, if an existing arrangement is found to be not suitable, whether there are opportunities to
approach the market cooperatively with one or more other entities through a new procurement process; and

incorporating suitable clauses in the request documentation to enable other entities to access the contract or
standing offer arrangements in future.
5. Specific issues that must be addressed to ensure that cooperative procurement is consistent with
the Commonwealth Procurement Rules (CPRs), are:

value for money is achieved;

the approach to market for a cooperative arrangement must specify that it will be accessed by other entities
(preferably naming the entities involved where known) ; and

entities subsequently joining a cooperative arrangement must do so within the scope of the existing
arrangement.
6. Unless there is a legitimate reason to not allow other entities to leverage from a contract, appropriate clauses that
enable multi agency access should be included in the request documentation, and notified to the market.

7. Cooperative procurement complements the Australian Governments coordinated procurement arrangements


(whole-of-government contracts). The key differences between cooperative and coordinated procurements are
below.

COOPERATIVE

COORDINATED

Scoping Study

Maybe

Yes

Government
agreed

No

Yes

Entity
participation

Voluntary

Mandatory, however, opt out


provisions apply where special
need for alternative supply is
demonstrated and approved

Lead entity

Generally initiated by entities.


May be initiated by Finance at the
request of several entities or
government based on advice from
key stakeholders.

Finance or nominated lead entity

Savings

Retained by entities

Allocated between entities and


budget

Size

May vary from a small


arrangement between two entities,
to a larger arrangement involving
many entities.
External entities may participate
but must comply with CPRs.

FMA Act entities

Procurement
process and
contract
management

Tailored to meet the needs of


entities involved.

Centrally managed by Finance


or lead entity

Administrative
charge

If agreed by entities

Yes

Types of goods and


services

Relevant to the entities involved


and may have a narrower scope

In common use by all or most


entities

Last updated: 10 July 2014

PROCUREMENT PROCESS CONSIDERATIONS

Practice

Step 1: Plan the Procurement Based on an Identified Need

Step 2: Scope the Procurement

Step 3: Determine the Procurement Method

Step 4: Prepare to Approach the Market

Step 5: Approach the Market

Step 6: Evaluate Submissions and Conclude the Tender Process

Step 7: Manage the Contract

Step 1: Plan the Procurement Based on an Identified Need

Determine the objectives for the procurement.

Detail a clear scope of requirements.

Consult entity Central Procurement Area for advice were appropriate.

Seek specialist advice, where appropriate.

Research the market to understand capabilities and restraints.

Ensure probity arrangements are considered where appropriate.

Document relevant decisions and justifications relating to the procurement.

Understand and incorporate Australian Government transparency requirements.

Step 2: Scope the Procurement

Determine whether the goods or services to be purchased are subject to coordinated procurement
arrangements that must be used.

Determine if the relevant entity already has a panel or multi-use list could be used.

Consider whether there are opportunities for cooperative procurement.

Undertake detailed research of the market if appropriate.

Estimate the value of the procurement this must be done.

Where procurements are unable to be valued or reliably valued, they must be treated as if they are over the
relevant threshold.

Unless a specific exemption applies, entities must comply with the Division 2 Additional rules for
procurements at or above the relevant procurement threshold.

Step 3: Determine the Procurement Method


Open Tender

Involves a one-stage (ie Request for Tender), open approach to the market.

Is the default for all procurements valued above the relevant thresholds ($80,000 for non-corporate
Commonwealth entities)

Must be advertised on AusTender.

Prequalified Tender

Involves a procurement from:


o

a multi-use list;

a two stage process (even if the Expression of Interest was sought as an open approach to the

o
market); or
o

a list of all potential suppliers with a specific licence or ability to meet a legal requirement that is
essential to the procurement.

Limited Tender

Involves procurement based on quotes being sought directly from one or more suppliers.

Includes what was previously referred to as sole source and select or restricted source procurements.

Can be undertaken for any procurement under the relevant thresholds where it represents value for money.

Can only be used for procurements above the relevant thresholds where it is specifically allowed by the
CPRs. The value and reasons for the direct source must be documented.

Step 4: Prepare to Approach the Market

Put in place appropriate governance arrangements.


Prepare tender evaluation plan and request documentation, that appropriately incorporate Procurement
Connected Policies.

Seek delegate clearance / approval to approach the market.

Step 5: Approach the Market

Notify the market for open tenders this involves (as a minimum), publishing the opportunity on AusTender[
].

For open and prequalified tenders, ensure the minimum time requirements of the CPRs are met.
Include essential information (eg. closing time, lodgement mechanism, evaluation criteria and methodology,
process rules, contact officer and the possibility of an industry briefing, site visit, and/or mid-term review) in the
request documentation to enable suppliers to develop and lodge competitive and compliant submissions.

Include a draft contract and statement of compliance in the request documentation.

Use appropriate limitation of liability and standard contract clauses where available.

Do not use unnecessary mandatory language (i.e. must, will), jargon and acronyms from the request
documentation.

Ensure clarifications or additional materials are made available to all potential suppliers in a timely and
equitable manner.

Do not materially change the evaluation plan after the opening of submissions.

Step 6: Evaluate Submissions and Conclude the Tender Process

Deal with unintentional errors in tenders in accordance with the CPRs.

Deal with late tenders in accordance with the CPRs.

Ensure the procurement process is/was fair, equitable and will stand up to scrutiny, including that the
evaluation is conducted in accordance with the Tender Evaluation Plan.

Ensure the process is consistent with the CPRs, including in relation to handling complaints.

Undertake a financial viability assessment(s) of the preferred supplier(s) if necessary.

Provide sufficient documentation and information to the delegate to enable them to make an informed
decision.

If required by your entity's Accountable Authority Instructions, obtain delegate approval in accordance with
s18 of the PGPA Rules and two signed copies of the contract (one for the entity, the other for the service provider).

Advise unsuccessful tenderers and where requested.

Report contracts valued at $10,000 (GST inclusive) and over on AusTender[

].

Step 7: Manage the Contract

Develop a contract management plan to assist the entity to understand and implement obligations under the
contract.

Assess contract extension options on a value for money basis in accordance with the terms of the contract.

Ensure compliance with the Procurement On-Time Payment Policy for Small Business.

Appropriately consider and, as appropriate, issue contract variations.

Consider any obligations that survive the contract end-date or termination of the contract such as
confidentiality.
Last updated: 29 May 2015

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