4.2 Roles and responsibilities
‘Minister responsible for Government Procurement’
Declarations
Clause 35
For ‘projects’ or ‘procurement’ of any value, the ‘Minister responsible for Government Procurement’ may declare:
- the application of Best Practice Principles
- the application of the Local Benefits Test
- the establishment of a ‘Supply Chain of State Significance’.
Prior to making a declaration, the ‘Minister responsible for Government Procurement’ will consult with the ‘responsible Minister’, and obtain the approval of the Premier.
‘Accountable officers’
Compliance
Clause 36
‘Accountable officers’ must ensure:
- compliance with this Policy by all ‘employees’ within their ‘agency’
- the Policy is embedded into practice within their ‘agencies’, and that agency procurement policies and/or procedures are in place, up-to-date, and able to be accessed by all ‘agency employees’
- requests for assistance and information from the whole-of-government compliance function maintained by the Department of Housing and Public Works will be facilitated as a priority.
Clause 37
‘Accountable officers’ retain responsibility for ‘procurement’ delivered on their ‘agency’s’ behalf by an external provider including, for example, procurement delivered by shared service providers or under corporate partnership agreements.
Quality planning and information
Clause 38
‘Accountable officers’ must ensure agency procurement plans are in place, up-to-date, and, as a minimum:
- set out the management and organisation of the ‘procurement’ function, including an assessment of overall ‘agency’ procurement capability and strategies for improvement
- outline how the objectives of the procurement function support broader government and agency objectives
- provide an analysis of savings and benefits opportunities (economic, ethical, social and environmental) and strategies to achieve these
- contain measures, targets, performance against targets and the ‘agency’s’ approach to ‘procurement’ risk management
- contain a schedule of potential future ‘procurement’ opportunities.
Clause 39
‘Accountable officers’ may devolve ‘procurement’ decision-making for ‘routine procurement’ to a level closest to the geographical location where the ‘good and/or service’ is to be supplied.
Clause 40
‘Accountable officers’ must ensure their delegates collect procurement-related data and information, including about ‘agency’ compliance with this Policy, and provide it to the Department of Housing and Public Works when requested. For those ‘accountable officers’ responsible for category ‘lead agencies’, this includes reporting on category ‘lead agency’ compliance with relevant obligations under this Policy. Reporting, including reporting on supplier compliance with contractual obligations, will be in accordance with the whole-of-government ‘procurement’ reporting framework following endorsement by the Queensland Government Procurement Committee.
Applies to:
- 'budget sector agencies'
- 'large statutory bodies'
- government-owned corporations
- 'special purpose vehicles'.
Transitional provision: The obligation to provide procurement-related data and information continues on from QPP 2021. Changes in the format of reporting will be advised upon endorsement of the framework by the Queensland Government Procurement Committee.
Integrity
Clause 41
‘Accountable officers’ must ensure mechanisms are in place to maintain the integrity of the ‘procurement’ decision-making process, by ensuring that:
- probity is integrated within the ‘procurement’ framework and managed relative to the value and risk of a particular ‘procurement’ activity (for example, the development of probity plans for high value and/or high risk ‘procurement’ activities)
- there are conflict of interest and complaints management policies in place which specifically address ‘procurement’.
Effectiveness
Clause 42
‘Accountable officers’ must ensure that ‘procurement’ is an effective, efficient and economical function within their ‘agency’. ‘Accountable officers’ must implement a workforce approach to ‘procurement’ capability, by ensuring that:
- ‘procurement’ capability of the ‘agency’ is analysed to identify opportunities for further development
- any ‘employees’ new to ‘purchasing’ or ‘procurement’ are able to demonstrate that they have undertaken training regarding basic ‘procurement’ obligations and awareness of Buy Queensland
- capability of ‘procurement’ and non-procurement staff involved in the ‘procurement’ process is continuously improved.
Clause 43
Accountable officers must ensure that:
- an assessment of ‘procurement’ functional maturity is undertaken at least once every three years
- ‘procurement’ certification targets are established and monitored each year.
Applies to departments only.
Encouraged for all other 'agencies'.
Transitional provision: By 30 June 2025, departments must have:
- completed the first 'procurement' functional maturity assessment
- established procurement certification targets for their department.
Procurement-related policies
Clause 44
‘Accountable officers’ must:
- consult with the Department of Housing and Public Works as early as possible during the development of whole-of-government ‘procurement-related policies’
- ensure their ‘agencies’ use Department of Housing and Public Works Procurement-related policies: Guideline for the development of ‘procurement-related policies’
- develop and maintain ‘procurement-related policies’, targets, commitments and associated guidance.
Declared emergencies
Clause 45
‘Accountable officers’ must ensure that during ‘declared emergencies’, their ‘agencies’ take account of the Procuring during an emergency guide.
‘Employees’
Clause 46
Any person involved in ‘procurement’ activities, including associated delegates, must:
- comply with this Policy, implementing the six principles of ‘procurement’
- comply with applicable legislation including the Disability Discrimination Act 1992 (Cth), policies, agreements and industrial instruments
- ensure all stages of the ‘procurement’ process are defensible and appropriately documented relative to the value and risk of the ‘procurement’.
‘Agency’ delegates
Clause 47
In accordance with the Financial Accountability Act 2009 and the Financial Accountability Handbook published by Queensland Treasury, ‘accountable officers’ may delegate responsibilities to nominated positions or officers to confirm that ‘procurement’ processes comply with this Policy and related guidelines, and take account of related guidance.
Queensland Government Procurement Committee
Clause 48
The Queensland Government Procurement Committee:
- must promote a whole-of-government approach to ‘procurement’, focusing on understanding the government’s ‘procurement’ profile, and managing ‘procurement’ expenditure at the whole-of-government level
- must promote cross-agency collaboration on ‘categories’ of significant expenditure to achieve savings and benefits
- must provide guidance on the prioritisation and application of competing ‘government objectives’ that impact on ‘procurement’
- may, in consultation with ‘agencies’, nominate ‘agencies’ to manage ‘categories’ of ‘procurement’ expenditure common to multiple ‘agencies’, or the whole-of-government
- may approve new or substantially revised standard invitation and contract documentation to ensure it is simple, written in plain language and consistent across government.
Procurement Ministerial Advisory Council
Clause 49
The Procurement Ministerial Advisory Council advises the ‘Minister responsible for Government Procurement’. It provides coordinated, strategic level industry input regarding ‘procurement’.
‘Category’ councils and category ‘lead agencies’
Clause 50
Each ‘category’ council must set a minimum evaluation weighting percentage of at least 10 per cent to be applied to ‘significant procurement’ as part of the Local Benefits Test within the ‘category’ or its sub-categories, and reflect these minimum weightings in the annual ‘category’ strategy. Transitional provision: Minimum weightings are to be set by each 'category' council by 31 December 2023. Until the weightings are set 'agencies' must use a minimum of at least 10 per cent.
Clause 51
Each ‘lead agency’ category team must:
- prepare a ‘category’ strategy for endorsement by the relevant ‘category’ council and approval by the ‘Minister responsible for Government Procurement’ on recommendation of the Minister responsible for each category. The strategy, which must be reviewed annually, must include
- ‘value for money’ priorities for each subcategory of spend
- how the government’s ‘responsible public procurement’ objectives (economic, ethical, social and environmental) and targets set out in Principle 1, including increasing spend with genuine, quality social enterprises, providing award-based wages (using the Supported Wage System where appropriate) and pathways to mainstream employment for disadvantaged Queenslanders will be achieved
- identification of opportunities to generate savings and benefits from ‘procurement’ activities. This includes an assessment of whether collaboration with other ‘agencies’ or ‘categories’ could deliver greater savings, efficiencies and benefits
- the schedule for refreshing or establishing new ‘common-use supply arrangements’ to ensure they reflect ‘diversity’ of ‘suppliers’ in line with relevant government economic, ethical, social and environmental objectives and targets set out in Principle 1, and include regional and remote ‘suppliers’
- in consultation with relevant ‘budget sector agencies’, coordinate and approve the publication of a ‘Forward Procurement Pipeline’ by the Department of Housing and Public Works (reviewed quarterly) for their ‘category’ and facilitate cross-agency consultation and coordination of regional ‘procurement’.
Applies to 'budget sector agencies'.
Transitional provision: Existing 'common-use supply arrangements' must be reviewed for 'diversity' of 'suppliers' and made compliant by 30 June 2025.
Department of Housing and Public Works
Clause 52
The Department of Housing and Public Works administers the Queensland Government Procurement Framework which enacts the Buy Queensland approach to government procurement, including the Queensland Procurement Strategy 2023 - Jobs, Economy, Legacy, Confidence, this Policy and the Queensland Government Procurement Statement. This means:
- ensuring this Policy, its related guidelines and guidance are appropriate, reflect best practice and result in a high standard of procurement performance
- consulting with the relevant stakeholders when making changes to the framework and key framework documents
- providing expert ‘procurement’ advice and support to ‘agencies’
- facilitating collaboration across ‘agencies’, industry and unions
- engaging with the Queensland Government Procurement Committee and Procurement Ministerial Advisory Council on matters of strategic importance
- providing guidance to agencies in relation to economic, ethical, social and environmental benefits and opportunities
- overseeing a consistent approach to ‘procurement’ methodology and procedures, including reducing ‘procurement’ process costs for ‘suppliers’ and ‘agencies’ across government
- coordinating whole-of-government ‘procurement’ capability building and training initiatives, including coordinating certification reporting by ‘agencies’
- coordinating whole-of-government ‘procurement’ performance reporting and the development of the Queensland Government Procurement Statement
- establishing and maintaining a whole-of-government ‘procurement’ compliance function which:
- conducts audits relating to Best Practice Principles; the Queensland Government Food and Beverage Supplier Directory; and Queensland Government Building and Construction Training Policy; and
- coordinates and advises on investigations regarding complaints about ‘agency’ and ‘supplier’ compliance with this Policy or contractual obligations
- maintain a list of all ‘procurement-related policies’ on its website
- issuing guidelines, guidance, tools and templates for use by agencies