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PROCUREMENT ASSESSMENT WORKING TEAM - CONTRACT AWARDS UNDER CEO DELEGATION · Report

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GENERAL COMMITTEE MEETING                                                         20 JANUARY 2025


8.4     PROCUREMENT ASSESSMENT WORKING TEAM - CONTRACT AWARDS UNDER
        CEO DELEGATION


Author              Director Corporate Services, Trent Grauf
                    Corporate Services Department
Index               43.14 Procurement - Procedures and Guidelines
Attachments         1.   Attachment 1_General Committee Report - PCAWT Contract Awards


EXECUTIVE SUMMARY
In accordance with Council’s Procurement Policy, for any large-sized contractual arrangements
($200,000 excluding GST or more) where the awarding of contract occurs under CEO Delegation
(up to $1,000,000 excluding GST) the process is supported by Procurement Assessment Working
Team (PCAWT) which is convened to provide independent procurement processes review.
Additionally, as per the Policy, additional disclosure requirements have been introduced for the
Director Corporate Services to report these CEO delegated awards to Council bi-annually for noting.

For the period July 2024 – December 2024, nine (9) relevant contracts were awarded under PCAWT
review and CEO delegated approval with a total value of $4.1 million.

RECOMMENDATION
That Council note the report by the Director Corporate Services to the General Committee dated 20
January 2025 regarding contracts awarded under CEO delegation, via the Procurement Assessment
Working Team for the period 1 July 2024 to 31 December 2024.


REPORT
Over recent years market changes coupled with the competition for contractors has meant increased
challenges for local governments in procuring goods and services in a timely manner. As such, the
time it takes to award contracts is critical in Council’s ability to meet growing demands for goods and
services.

In this regard, Council established the Procurement Assessment Working Team (PCAWT) in the
2017/2018 via an Organisational Guideline. The original intention of the PCAWT was to provide
increased review oversight for the awarding of contracts within the CEO delegation of $1 Million, that
were sought via a public invitation to tender, and whereby expediting the award process outside the
normal Council meeting cycle was advantageous to Council.

More recently, the updated Procurement Policy adopted by Council in June 2024 incorporated
reinforced policy protocol for the PCAWT principles whilst also expanding its scope to be able to
consider any large-sized ($200,000 or more, exc. GST) contractual arrangements procured in
accordance with the Local Government Regulation 2012 and Council’s policies and guidelines i.e.
in addition to public tenders, the PCAWT may now also convene to consider and review any large-
sized procurement activity including quotations (under panel arrangement or otherwise), and other
forms of procurement.

The inclusion of the PCAWT into policy, coupled with expanding the scope of procurement activity
the team considers/reviews aims to:
•     Continue to facilitate the award of public tenders, within CEO delegation, in order to expedite
      contract award,
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GENERAL COMMITTEE MEETING                                                           20 JANUARY 2025


•    Provide a mechanism for the additional review of any large-sized procurement activity, between
     $200,000 - $1,000,000 (exc. GST), prior to recommendation to CEO for award.
•    Enhance the existing governance and probity framework, for Council and CEO, for the awarding
     of large-sized contracts.

1.   CEO Delegation

In accordance with Section 41 of the Council Register of Delegations – Council to Chief Executive
Officer (CEO), the CEO has been granted the authority (by Council) to:
a. undertake the following procurement and contracting activities:
         i.   invite written quotes for medium-sized contractual arrangements;
         ii. invite written tenders for large-sized contractual arrangements;
         iii. invite expressions of interest (following Council resolution);
        iv. invite offers for the sale of valuable non-current assets (other than sale of land) by written
            tender or auction; and
b. make, enter into, amend or discharge contracts (established by the aforementioned methods)
   for up to $1,000,000 (excluding GST) for the:
         i.   procurement of goods and services (including contracts about carrying out of works);
         ii. the disposal of valuable non-current assets (but not the sale of land);
         iii. the disposal of goods and assets (that are valuable non-current assets).

2.   Procurement Policy

In accordance with Council’s Procurement Policy the Procurement Assessment Working Team
(PCAWT) has been established for the following purpose:

Where it has been identified that the award of a large sized contractual arrangement outside of the
normal Council meeting cycle is considered advantageous to Council, the convening of the
Procurement Contracts Assessment Working Team (PCAWT) may be requested. The PCAWT may
review requests for the award of large sized contractual arrangements up to the value of $1 Million
(excluding GST) that have been sought in accordance with the Local Government Regulation 2012
and Council’s procurement policy and guidelines.

3.   Procurement Assessment Working Team (PCAWT)

The PCAWT’s role is to review specific requests to approve large-sized contractual arrangements
outside of the normal Council meeting cycle. The PCAWT is comprised of the following Council
Officers*:
1. Director Corporate Services
2. Executive Officer Internal Audit and Corporate Performance
3. Procurement Manager
*Where one of the above is not available, or not suitable due to probity, a substitute officer is sought
to comprise the PCAWT.

Once convened the PCAWT’s role is to undertake a review of the procurement process and
evaluation to ensure that the process was carried out in accordance with Council’s policies and
guidelines. The review may include, but is not limited to, the following:
•    Reviewing the evaluation, including scoring, that has been submitted by the evaluation panel;
•    Reviewing supplier responses to the invitation to tender/quotation;

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GENERAL COMMITTEE MEETING                                                      20 JANUARY 2025


•    Consider consistency on evaluation, to other procurement outcomes and policy alignment;
•    Clarifying any aspects of the procurement/evaluation process, and proposed award/contract,
     with the evaluation panel chair and/or Procurement Advisor.
If the PCAWT is satisfied with the procurement process and the subsequent recommendation for
award, a recommendation (report) will be made to the CEO for consideration.

4.   Reporting Requirements

In accordance with Part 4, Chapter 6, Local Government Regulation 2012, all contractual
arrangements worth $2000,000 or more (exclusive of GST) are published via Council’s website, after
award.

To provide additional disclosure, as per policy, the Director Corporate Services will also report
PCAWT reviewed and CEO awarded contracts to Council on a bi-annual basis.

Link to Corporate Plan

Theme No. 5 - Excellence

This theme focuses on customer experience, financial sustainability, innovation and technology,
levels of service, governance, our employees and volunteers, funding streams and asset
management practices.


Previous Council Consideration
Special Meeting 28 June 2024
That Council note the report by the Director Corporate Services to the Special Meeting dated 28
June 2024 and
...
I. Adopt the Procurement Policy, which is provided as Attachment 9 to this report.
...

Finance
Funding of these procurement activities occurs within adopted budgets. Where any procurement
requires additional funding, this is addressed through budget review.

Risk & Opportunities
                 Risk                               Mitigation / Opportunity
                                                    The PCAWT/CEO process offers 2 stages of
                 Awarding contracts outside of
                                                    review (PCAWT and CEO), in addition to the
                 Council Meetings perceived as
                                                    original procurement evaluation, before a
                 not being a robust process.
                                                    decision to award.
PCAWT                                               A report must first be submitted to the
Process          Contracts may be awarded           PCAWT, generally by the procurement
                 outside of Council Meetings,       evaluation chair, outlining the details of the
                 that may otherwise require         procurement/project and rationale for seeking
                 consideration/debate directly by   the PCAWT. Should the PCAWT, or
                 Council.                           subsequently the CEO, deem that the contract
                                                    award should be considered by Council, the

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GENERAL COMMITTEE MEETING                                                                 20 JANUARY 2025


                                                            process can be directed through the normal
                                                            Council Meeting cycle/options.
                                                            The PCAWT/CEO contract award process is
                     Risk that a contract award is          only available for large-sized contractual
Delegated
                     made without delegated                 arrangements within the delegation of the
Authority
                     authority.                             CEO - $1,000,000 (exclusive of GST), as
                                                            outlined under Council Policy.
                                                            In accordance with Part 4, Section 237 of the
                                                            Local Government Regulation 2012 Council
                                                            publishes the details of contractual
                                                            arrangements of $200,000 (exc. GST) or
               Transparency/visibility of
Transparency                                                more both, on Council’s public website and
               awarding large-sized contracts
&                                                           Tewantin Building public noticeboard.
               (within CEO Delegation) outside
Accountability
               of Council Meetings.
                                                            Council’s procurement policy requires that
                                                            contract awards via the PCAWT be reported
                                                            to Council bi-annually by the Director,
                                                            Corporate Services.


Human Rights
Human Rights Compatibility Statement
In developing this Report, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council. Council representatives will endeavour to act and make decisions under this report in a
manner that is compatible with human rights. This report should be read in conjunction with
Council’s Human Rights Policy.

Consultation
External Consultation - Community & Stakeholder
NA


Internal Consultation
Departments consulted:
Procurement Policy adoption by Council June 2024.
     Office of the CEO, Mayor &          Community Services                    Corporate Services
             Councillors
       Mayor & Councillors              Director                       X    Director
       Chief Executive Officer          Community Development               Financial Services
       Executive Officers               Sport & Active Lifestyles           Fleet
       Community Engagement             Arts & Culture                      Revenue Services
       People & Culture                 Community Connection                ICT
       Governance                       Customer Experience           X     Procurement

                                                                            Commercial Property

      Strategy & Environment          Development & Regulation               Infrastructure Services
       Director                         Director                            Director

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GENERAL COMMITTEE MEETING                                                20 JANUARY 2025


   Strategy & Sustainability   Development Assessment   Infrastructure    Planning,   Design
                                                        and Delivery
   Economic Development &      Local Laws               Civil and Asset operations
   Destination Management
   Environmental Services      Environmental Health     Waste
   Innovation & Digital Hub    Building & Plumbing      Building & Facilities
                               Property / Permits       Disaster Management

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