goods_and_service_procurement_practice_guide.doc

Refer to appendix probity and accountability for more

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Refer to Appendix – Probity and Accountability for more information. Exemption from the requirement to competitively tender and other approvals allowed pursuant to the Open and Effective Competition policy The SSC’s Open and Effective Competition policy allows exemptions from the requirement to competitively tender. That is, a public authority may directly engage a supplier, without going to tender, in a number of circumstances, and only when approved by your public authority’s Accountable Authority. Some exemptions included in the Open and Effective Competition policy may not be available under the Free Trade Agreements’ obligations and reference should be made to the Free Trade Agreements before proceeding with covered procurements. In addition, the policy allows Accountable Authorities to: Approve the naming of a proprietary product; Approve a contract period greater than five years; Approve an advertising period less than ten days; and Where to do so represents operational risk, choose not to publish contract award details on Tenders WA. Refer to Appendix - Buy Local / Free Trade Agreements and Appendix - Exemptions and Approvals for more information. Conduct risk analysis For each procurement process, it is mandatory to conduct a risk analysis to identify potential problems, the likelihood that they will occur and their consequences. According to Treasurer’s Instruction 825 “In complying with the Treasurer's instructions, managers need to focus on material risks at all levels of the organisation and take necessary action to manage those risks. Risk management is an integral part of day-to-day operations and is an important element of effective internal control.” The Risk Workbook provides practical information and templates to assist government officers to identify and manage risks in products and/or services procurement processes and contracts. The Risk Workbook can be accessed from the Finance website at www.finance.wa.gov.au under Government Procurement > Templates and Guidelines > Goods and Services Templates, Guides and Conditions of Contract. 18 Ver. December 2017
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RiskCover contractual liability cover RiskCover provides contractual liability coverage to public authorities, which applies automatically unless: The public authority waives or limits its right of recovery (ie, agrees to cap liability) or indemnifies another party; The indemnity, liability and/or insurance clauses in the Department of Finance Request templates and General Conditions of Contract have been varied or departed from; or The contract establishes a joint venture or partnership in which the State is one party of the joint venture or partnership in which case the cover is voided. Public authorities should notify RiskCover if any of the above situations arises, and RiskCover will evaluate reinstating cover.
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