Procurement Direction PR9 (Procurement Review Board Processes)

Procurement Review Board Processes

Statement of Intent

This Procurement Direction outlines the processes to be followed by the Procurement Review Board.

Main Features

Section 11 of the Procurement Act requires Accountable Officers and employees of Agencies to comply with the Procurement Directions.

Procurement Review Board Role and Processes

  • The Procurement Review Board is accountable to the Minister responsible for Procurement.
  • The Procurement Review Board provides advice to the Minister responsible for Procurement on Agency compliance with Government Procurement Policy and processes.
  • The Procurement Review Board may provide an independent review or audit of an Agency’s procurement processes.
  • The Procurement Review Board will determine appeals in relation to the admissibility of a Quotation or Tender.

Contents

Role of the Procurement Review Board

Procurement Review Board Processes

Authorities

Procurement Act

Procurement Regulations

DEPARTMENT OFBUSINESS Page 1 of 4

Procurement Direction PR9 (Procurement Review Board Processes)

Role of the Procurement Review Board

PR9.1The Procurement Review Board may review the procurement processes and activities in Agencies to assess compliance with theGovernment’s Procurement Framework.

  1. Accountability for procurement decisions and activities rests solely with the Agency undertaking the procurement activity, specifically the Accountable Officer.
  2. Agencies have a responsibility to ensure that all information provided for PRB consideration is comprehensive and in sufficient detail to demonstrate the Agency’s compliance with the Government’s Procurement Framework.
  3. The PRB may seek subsequent clarification or additional information from the Agency to assist in their review, including a request for applicable Agency officers to attend the PRB and provide clarification or make a formal presentation.

PR9.2The Procurement Review Board is accountable to the Minister responsible for Procurement and may provide advice to the Minister responsible for Procurement and Accountable Officers on Agency compliance with Government Procurement Policy and processes.

  1. The PRB may make recommendations in relation to amendments or improvements to Government Procurement Policy and processes, where appropriate. These recommendations will be made to the Agency responsible for Procurement Policy.
  2. The PRB may advise the Minister responsible for Procurement on a periodic basis of Agency compliance with Government Procurement Policy and processes. The PRB may also provide information to the Minister responsible for Procurement on request. All PRB advice to the Minister responsible for Procurement is undertaken through the Agency responsible for Procurement Policy.

PR9.3Agencies will, on an annual basis, submit their Agency Procurement Management Plan to the Procurement Review Board for consideration.

  1. The PRB will consider all Agency Procurement Management Plans and may provide comments to the Agency responsible.

PR9.4At the end of the reporting period, Agencies will submit a report to the Procurement Review Board on their compliance with the Agency Procurement Management Plan.

PR9.5The Procurement Review Board will determine appeals in relation to the admissibility of a quote or tender (refer Procurement Direction PO6).

  1. The PRB meets as required to consider appeals on admissibility. Agencies may be required to submit information or attend at the PRB to enable their consideration of a matter.
  2. Provision under Procurement Regulations allow for the Minister responsible for Procurement to make a direction to the PRB.
  1. Where the Minister responsible for Procurement determines that the PRB has erred in their decision, the Minister responsible for Procurement may direct the PRB to amend their decision, and the amended PRB decision is the final determination.
  2. Where the Minister responsible for Procurement determines that the PRB is correct in their decision, the decision of the PRB stands.
  1. As a Board of review, the PRB does not establish or develop Procurement Policy.

Procurement Review Board Processes

PR9.6Submissions to the Procurement Review Board will be submitted in the standard Procurement Review Board forms, and any departure from the standard Procurement Review Board forms will require Procurement Review Board approval through the Procurement Review Board Secretariat.

  1. Approve all requests to use an Existing Period Contract arranged by Federal, State or another Territory Government (refer Procurement Direction PO2).
  2. Note all Tier Two, Tier Three, Tier Four and Tier 5 procurement activity undertaken by Agencies (monthly reporting).
  3. Note all consultations between Agencies and the Industry Capability Network (NT) Office in relation to Tier One and Tier Two activity (quarterly reporting) (refer Procurement Direction PO2).

.

DEPARTMENT OFBUSINESS Page 1 of 4

Procurement Direction PR9 (Procurement Review Board Processes)

Table of Amendments
Amendment / Details / Effective Date
PR8 / Amend PRB role to incorporate changes due to new increased procurement activity levels (Tiers increases Quotation and Select Quotation, etc.) / 30 March 2009
General / Introduced a sixth procurement Tier
Replaced “NTICN” with Industry Capability Network (NT) to reflect name change
PR8 re-numbered PR9 (consequential re-numbering throughout) / 1 July 2012
PR9.2 X and XI / Removed the 11am and 9am start times for the Darwin and Southern Region Procurement Review Board meetings / 1 July 2012
PR9.2 VI and VIII / Amendments necessary to clarify the process for appealing PRB decisions in line with the Regulations, and provisions moved here from PO9.4
Included PR9.2 XII to provide clearer guidance with this Direction on the limits of Southern Region PRB consideration / 1 September 2012
PR9.4 II a / Changed “endorse” to “note” of all future tender activity in line with Regulations and practice, and included Tier Four requirements / 1 September 2012
PR9.4 II n / Included approvals from Government Entities which is required in PO13 but missing from this list / 1 September 2012
General / Formatted for WCAG2.0 accessibility – changes to formatting, spelling, grammar and punctuation / 1 January 2013
General / Changes to implement 2014 Procurement Reforms / 1 July 2014
General / Formatted for web compatibility / 15 February 2016

DEPARTMENT OFBUSINESS Page 1 of 4