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[Products and services procurement templates - Request for Exemption for Australian Disability Enterprise (ADE) or Aboriginal Business Purchasing. This template should be used for procurements $50,000 and above.]
Request for Exemption
Pursuant to the State Supply Commission’s Open and Effective Competition policy for Purchasing from an Australian Disability Enterprise (ADE) or an Aboriginal Business
Supply Of:[Details of product/service requirements]
Contract Term:[number] months/years, with [number] options to extend, each of [number] month/year duration[delete options details if no extension options]
Estimated Total $[Value] including GST
Contract Value:[value over the entire contract term including extension options]
Public Authority:[name of Public Authority]
Date Prepared:DD Month YYYY
Prepared By:[Public Authority Officer Name]
[Public Authority Officer Title]
[Email]
[Phone number]
Template – Request for Exemption – ADE or Aboriginal Business Purchasing Finance v 060818Page 1 of 4
REQUEST FOR EXEMPTION
NOTES
Purchasing from an ADE or an Aboriginal business
Where there is an opportunity to procure from:
- A business that primarily exists to provide the services of persons with a disability and that business is a registered ADE.[ADEs are commercial businesses that employ people with disability. A complete list of approved ADEs is available from the Australian Disability Enterprises website ].
OR
- A registered Aboriginal business. [Reference to the directories of registered Aboriginal Businesses accepted by the Department of Finance may be found in the Aboriginal Procurement Policy Guide URL: ].
Then a public authority may procure directly from those entities without complying with the Open and Effective Competition policy minimum requirements and notwithstanding the existence of a mandatory Common Use Arrangement (CUA).
There is no requirement to request advice or approval from the Department of Finance, regardless of value, when seeking an exemption from the minimum requirements of the Open and Effective Competition Policy and the use of mandatory Common Use Arrangementsfor a purchase from an ADE or an Aboriginal business.
Public Authority Partial Exemption Obligation - Exemptions from Supply Policy
Thepublic authority must maintain a current register of all:
•exemptions from the minimum requirements of; and
•approvals allowed pursuant to;
the State Supply Commission’s supply policies. Thepublic authority must ensure that adequate records of decisions are kept.
This template can be used to record the justification for the exemption decision (for procurements $50,000 and above).
Other State Supply Commission Policy Requirements
Where it is envisaged that the estimated contract value will be $5 million or above and/or a contract term in excess of five (5) years is required then contact the Social Procurement Initiative Manager for advice in regards to the other obligations required to be undertaken in these circumstances.
Partially exempt public authorities are still required to involve the Department of Finance in the formation of a contract for procurements of $250,000[i] and above.
1Required productsand/or services
An exemption from the minimum requirements of the State Supply Commission’s Open and Effective Competition policy (the policy)is soughtfor the supply of[details of product/service requirements].
1.1Term
The proposed contract term is [number] months/years. There will be [number] options to extend the term, available at the absolute discretion of the [public authority name], each option having a [number] month/year duration.[delete sentence if no extension options]
1.2Estimated total contract value
The estimated total contract value of the procurement over the proposed term of the contract (including all extension options) is $[value](GST inclusive).
[Include one of the following options:]
[Option 1:]A lump-sumprice for all products/services required under the proposed contract will be sought, and the contract will be awarded at a fixed price.
[or Option 2:]Prices for the products/services will be sought on a unit basis (i.e.time and materials).However a maximum contract value of $[value] (including GST) will apply to the contract.The maximum contract value is based on [details on how the ceiling or cap was determined - e.g. past contracts/experience].
1.3Availability of funding
The availability of appropriate funding has been confirmed by [public authority officer name], [public authority officer title].
2Justification
2.1Exemption from minimum requirements
This exemption from the minimum requirements of the policy is sought as there is an opportunity to procure from a registered ADE that primarily exists to provide the services of persons with a disability.[Name of ADE]is a registeredADE. [or choose as applicable]a registered Aboriginal business- [Name of Aboriginal business].
The [public authority name]has held discussions with[Name of registered ADE or registered Aboriginal business], which has outlined its capacity and capability to undertake the work and has expressed keen interest in delivering the required products/services.
The [public authority name]wishes to explore this option further and investigate whether a value for money solution exists by inviting[Name of registered ADE or registered Aboriginal business]to respond to a Request.
3Recommendation and Undertaking
It is recommended that the [Accountable Authority title] of [public authority name] approve this request, in order that offers to supply [details of product/service requirements]can be sought from [Name of registered ADE or registered Aboriginal business].
The [public authority name] will add this exemption to the exemption register as required under its Partial Exemption[See the NOTES at page 2 of this document, Public Authority Partial Exemption Obligation].
The [public authority name]will undertake the procurement by following the “How do I buy” process outlined on the Department of Finance’s Government Procurement website for ADEs( > GovernmentProcurement > Australian Disability Enterprise > HowdoIbuy)[or choose as applicable]Aboriginal business procurement( > Government Procurement > Aboriginal business procurement).
4SubmiTTING OFFICER
[Public authority name]Name
Title
Contact Number
Signature:
______ / Date:
____/____/______
5Approval
Approval by the Accountable Authority or delegateName
Title
Approved
Not Approved / Comments:
Signature:
______ / Date:
____/____/______
Template – Request for Exemption – ADE or Aboriginal Business Purchasing Finance v 060818Page 1 of 4
[i] Where a public authority’s partial exemption is accredited to a higher value this is the value required for the involvement of the Department of Finance.