ACT Government Procurement Board

Transmittal Certificate

• View transmittal certificate here

Organisational Overview and Performance

Organisational Overview

The ACT Government Procurement Board (the Board) was established on 1 August 2001 by the Government Procurement Act 2001 (the Government Procurement Act), and operated during  2017-18 under the governance oversight of the Infrastructure Finance and Capital Works Division in the Chief Minister, Treasury and Economic Development Directorate. The Board’s function and purpose are governed under section 6 and section 22A of the Act, as well as the Government Procurement Regulations 2007.

The Board must review and provide advice and, if appropriate, provide endorsement, to Territory entities on procurement proposals with an estimated value of $5 million or more, or $1 million or more for procurements that:

• are being undertaken by a Territory entity other than a public service directorate;
• involve the development or redesign of information and communications technology systems; or
• involve the disposal of assets.

The Board’s review of procurement proposals is key to ensuring that Territory entities pursue value for money as well as having regard for probity and ethical behaviour, management of risk, open and effective competition, and optimization of whole of life costs. It also ensures that the processes for major procurements comply with the Government’s procurement framework, which includes legislation and policies available from the ACT Government Procurement website www.procurement.act.gov.au.

The Board does not set policy; it provides support and advice to the ACT Government on the implementation of procurement policy. The Board is not responsible for procurement decisions. This responsibility rests with Directors-General, Executive Directors or the relevant Chief Executive Officer (CEO), who are responsible for the operations of their directorates, and the heads of other relevant entities.

Internal Accountability

Membership of the Board

Section 11 of the Government Procurement Act stipulates the Board comprises nine part-time members:

• Chair, who is a public employee member;
• Deputy Chair, who is a public employee member;
• three other public employee members; and
• four non-public employee members.

The Acting Chair of the Board at 30 June 2018 was Ms Meredith Whitten, Deputy Director General, Workforce Capability and Governance, Chief Minister, Treasury and Economic Development Directorate. The position of Chair, like all Board memberships, is part-time, appointed by the Treasurer (the Minister) under the Government Procurement Act. The Chair reports directly to the Minister in relation to her role on the Board.

The ACT Government has a policy of achieving and maintaining 50% representation of women on its boards and committees. The Office for Women (Community Services Directorate) is consulted each time a Board vacancy is filled. The Office of Disability and the Office for Multicultural Affairs are also consulted each time a Board vacancy is filled.

Table 1: Membership of the Board for 2017-2018 Financial Year

Mr Glenn Bain, Executive Director, Operations, Infrastructure Finance and Capital Works, Chief Minister, Treasury and Economic Development Directorate attended the Board as an ex officio advisor. Mr Bain provides insight into procurement policies, practices, matters arising and fosters efficient communication channels from the Board to the Infrastructure Finance and Capital Works Divisions and the Goods and Services Procurement Branch within Chief Minister, Treasury and Economic Directorate to aid its operations.

Conflict of Interest

The Board has instituted arrangements to manage conflicts of interest in recognition that members, during the course of the year, may be faced with potential conflicts of interest due to their other responsibilities.

The Board has instituted the following arrangements:

• members are aware and support the Board’s Charter and have signed a Code of Conduct agreement;
• members are requested to identify whether they have a potential conflict of interest in respect of a proposal or policy matter prior to the related documents being considered.
• Members with a conflict of interest in a matter are not involved in the discussion or endorsement relating to that matter; and
• prior to the commencement of all meetings, members are also invited to state any conflict of interest that may arise due to the business to be considered at the meeting.

The minutes of the meeting reflect the identification of any potential conflict(s) of interest and any action taken by the Board in respect of any conflict(s).

Remuneration

Remuneration for non-public employee members of the Board as at 30 June 2018 is set out in the ACT Remuneration Tribunal’s Determination 21 of 2017, which commenced on 1 November 2017. This determination set the remuneration for non-public employee Board members at $25,350 per annum.

Public sector members receive no remuneration for their Board membership. All staffing matters in respect of public employee members are managed by their directorate.

Support Staffing and Financial Resources

Section 21(1) of the Government Procurement Act enables the Board to arrange with the
Director-General of the relevant directorate for directorate officers to provide administrative support for the Board. In 2017-18, this was the Chief Minister, Treasury and Economic Development Directorate.

The Board Secretariat supports the Board in undertaking its functions, including management of Board papers, meetings and all general administrative and financial arrangements. The Secretariat was located in Infrastructure Finance and Capital Works, a division within ACT Chief Minister, Treasury and Economic Development Directorate.

Allowances for non-public employee members’ remuneration, Secretariat staff salaries, accommodation and office infrastructure, and the provision of technology and communications services, were covered within Infrastructure Finance and Capital Works. All associated financial reporting was included in the Chief Minister, Treasury and Economic Development Directorate accounts.

Consideration of Proposals

The Board considered 68 proposals in 2017-2018 financial year. Of the 68 proposals presented for endorsement by the Board:

• 37 proposals were endorsed in the reporting period;
• 16 proposals were for noted as updates to the board;
• 6 proposals were endorsed after further information was presented to the Board;
• 9 proposals were not endorsed with the Board recommending review of the procurement strategies;
• 10 proposals were classified as Infrastructure and Capital Works(not ICT); and
• 58 proposals were classified as Goods and Services

Table 2: Board deliberations in comparison with previous years

Notes:

# This includes 6 meetings held electronically, that is, via email

* This includes 3 meetings held electronically, that is, via email

^ This includes 2 meetings held electronically, that is, via email

Table 3: Summary of proposals considered by the Board in 2017-2018 Financial Year

Notes: Some proposals appeared before the Board on more than one occasion. For example, the Expression of Interest (EOI) and Request for Tender (RFT) components of two-stage procurement may be submitted separately for Board consideration.

Table 4: Breakdown of Proposals by Directorate

Notes: *Percentages and Estimated Values may not total 100 % due to rounding of figures.

Further information on the Government Procurement Board’s operations can be obtained from

Meredith Whitten
Chair, ACT Government Procurement Board
Meredith.Whitten@act.gov.au
+ 61 2 6205 5147

Katrina MacWilliam
Secretariat Government Procurement Board
Katrina.MacWilliam@act.gov.au
+ 61 2 6207 4767