The unit applies to those who undertake the selection of providers, including those who specialise in procurement.

ELEMENT

PERFORMANCE CRITERIA

1. Select preferred providers.

1.1. Evaluation panel is formed and coordinated.

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

1.3. Specialist expertise is obtained where necessary to assist with evaluation of offers.

1.4. Clarification and negotiation of matters contained in offers are undertaken with bidders according to organisational guidelines and public sector standards.

1.5. Preferred providers are selected and recommendations for allocation of business are developed, justified and documented against selection criteria according to policy, procedures and governance requirements.

1.6. Approvals are obtained for the recommended offers.

1.7. Successful providers are notified in line with organisational protocols.

2. Develop and formalise contractual arrangements.

2.1. Approvals are obtained to enter negotiations, when required, and negotiation of the final wording of contract is conducted according to organisational policy and procedures and defined probity frameworks as set out in the evaluation plan.

2.2. Approvals to enter into contracts are obtained according to policy and procedures.

2.3. Commitments are not made and contractors do not commence until contracts are signed.

2.4. Contracts are structured to capture and address identified risks, protect both parties, provide the basis for due performance, and outline expected standards of behaviour.

2.5. Contracts are entered into that are valid and legally binding to the parties.

3. Debrief market and other stakeholders.

3.1. Advice on the contractual arrangements is provided to internal stakeholders according to organisational policy and procedures.

3.2. Unsuccessful bidders are informed and debriefed upon request with constructive feedback on their proposals.

3.3. Details of successful providers are made public according to probity requirements, organisational protocols and public sector standards.

Required skills

communication skills to:

consult and negotiate with contractors and stakeholders, involving complex oral and written exchanges of information

network within probity boundaries with diverse stakeholders and contractors

read complex documents, such as contracts, legislation and guidelines

provide feedback

teamwork skills to:

work independently or under direction as appropriate to the situation

model team leadership approaches if appropriate

respond to diversity

refer issues to the correct person

problem-solving skills to apply probity requirements in evaluating offers, formalising contracts and debriefing stakeholders

initiative and enterprise skills to:

apply the content of complex documents, such as contracts, legislation and guidelines

apply OHS, environmental, sustainability and corporate social responsibility practices in the context of selecting providers and developing contracts

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

technology skills to:

operate organisational IT systems

use electronic procurement templates

Required knowledge

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

such as OHS and equity and diversity

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

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Competency must be demonstrated in the ability to select providers and develop contracts consistently in accordance with legislative and organisational requirements.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to:

apply recognised offer evaluation methodologies to select a preferred provider

make provider selections in accordance with the offer evaluation plan, procurement plan and relevant policy and legislation

work with subject matter experts, such as legal, financial, commercial and technical

adhere to probity requirements

make written recommendations about suppliers to delegates and higher management

act within the scope of own delegations

keep appropriate records

debrief relevant stakeholders about their performance.

Consistency in performance

Competency should be demonstrated by providing evidence of undertaking a range of relevant work tasks in an actual or simulated procurement environment on at least two separate occasions

Context of and specific resources for assessment

The unit of competency is to be assessed in the workplace or a simulated workplace environment.

Access may be required to:

legislation, policy, procedures and protocols relating to selecting providers and developing contracts

codes of conduct and codes of practice

workplace scenarios and case studies relating to a range of procurement activities associated with selecting providers and developing contracts

case studies that incorporate dilemmas, and probity requirements relating to selecting providers and developing contracts

Method of assessment

The following assessment methods are suggested:

questions to assess understanding of relevant legislation and procedures

review of strategies and approaches adopted for selecting providers and developing contracts

review of selection reports, approvals and sign-offs, negotiation plans, draft contracts, final contracts, risk assessments and other documentation prepared by the candidate in a range of contexts

review of stakeholder engagement approaches adopted by the candidate

In all cases, practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency which are difficult to assess directly. Questioning techniques should suit the language and literacy levels of the candidate.

Guidance information for assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments.

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:

PSPETHC401A Uphold and support the values and principles of public service

PSPGOV417A Identify and treat risks

PSPGOV421A Exercise delegations

PSPLEGN401A Encourage compliance with legislation in the public sector

PSPPROC411A Plan procurement

PSPPROC412A Develop and distribute requests for offers

PSPPROC414A Manage contracts.

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Offers may include:

delivery of goods for use or into store

provision of services

maintenance agreements

leasing agreements

consultancies

research and development

infrastructure assets

Evaluation:

must include:

processing offers

determining value for money

checking and investigating

collating information

comparative statements

accountability

may include staged procurement

Probity requirements:

may include:

accountability

transparency

confidentiality

managing conflict of interest

impartiality

are maintained to:

encourage conformity to processes

facilitate accountability

ensure proponents are treated in a fair and equitable manner

encourage commercial completion

preserve public and private sector confidence in government processes

Allocation of business may include:

single successful contractor

multiple successful contractors

standing offer (panel)

multiple contracts as a result of a single request for offer

Contracts may include:

memoranda of understanding and memoranda of agreement

in-house option directives

common use arrangements and standing offers

inter and intra-government agreements

service level agreements

deeds of agreement

Procurement and Contract Management

This unit contains employability skills.