PSPPCM006
Select providers and develop contracts


Application

This unit describes the skills required to select preferred providers as a result of a formal request for offer process. It includes evaluating offers, obtaining approvals, developing and formalising contractual arrangements, and debriefing the market and other stakeholders.

This unit applies to those working as public sector staff required to select providers.

The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.

Those undertaking this unit would work under supervision, while performing complex tasks in familiar context.

No licensing, legislative or certification requirements apply to unit at the time of publication.


Elements and Performance Criteria

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Select preferred providers

1.1 Form and coordinate evaluation panel.

1.2 Evaluate offers according to evaluation plan and organisational probity requirements which relate to managing conflicts of interest and adherence to public sector standards.

1.3 Obtain specialist expertise where necessary to assist with evaluation of offers.

1.4 Undertake clarification and negotiation of matters contained in offers with bidders.

1.5 Select preferred providers and develop, justify and document recommendations for allocation of business against selection criteria.

1.6 Obtain approvals for the recommended offers.

1.7 Notify successful providers.

2. Develop and formalise contractual arrangements

2.1 Obtain approvals to enter negotiations and negotiate final wording of contract.

2.2 Obtain approvals to enter into contracts and ensure contracts are signed by all parties before contracted work commences.

2.3 Structure contracts to capture and address identified risks, protect both parties, provide the basis for due performance, and outline expected standards of behaviour.

2.4 Ensure contracts are valid and legally binding to the parties.

3. Debrief market and other stakeholders

3.1 Provide advice on the contractual arrangements to internal stakeholders.

3.2 Inform unsuccessful bidders and provide constructive feedback on their proposals.

3.3 Make details of successful providers public.

Evidence of Performance

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

consulting and negotiating with contractors and stakeholders, involving complex oral and written exchanges of information

networking within probity boundaries with diverse stakeholders and contractors

applying probity requirements in evaluating offers, formalising contracts and debriefing stakeholders

planning and organising skills to analyse and compare written information to ensure key elements from the specification and the procurement plan are captured in the written contract

learning skills to keep up-to-date with relevant procurement legislation, policies and procedures


Evidence of Knowledge

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

Commonwealth, state or territory, and local government legislation, policies, practices and guidelines relating to award of contracts, including environmental purchasing and corporate social responsibility guidance

organisational procurement policies, practices and approval processes

probity principles and issues

codes of conduct, codes of practice and standards of individual behaviour relating to receipt and selection of offers

aspects of law of contract, laws of tort, trade practices law, commercial law and other legislation relating to receipt and evaluation of offers, negotiation and award of contracts

equal employment opportunity


Assessment Conditions

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.


Foundation Skills

Foundation skills are embedded within the elements and performance criteria of this unit.


Competency Field

Procurement