Procurement Policy
Procurement Policy
Explore the goals of CODC Procurement and the principles that support them
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                       Section 2 – Plan, Source, Manage                                 P14
Plan, source, manage is the best practice approach to procurement, and includes the
                 relevant sub-policies highlighted at every stage.
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Introduction
Central Otago District Council (CODC) spent around $49 million on goods, services and
construction in 2018-19, with spend increasing by an average $4.75 million per annum over
the past five years. Alongside this increasing procurement expenditure, CODC has committed
nearly $25 million over the next ten years for critical infrastructure.
To ensure this money is spent fairly and efficiently, and for the long-term benefit of everyone
in Central Otago, CODC officers must comply with a range of legislative and policy
requirements.
The flexible framework is designed to be used for a range of procurement activity from simple
and low risk to complex and high risk. It aims to drive consistent and balanced procurement
decisions that create public value.
All dollar values and thresholds are exclusive of GST and MTEV means the maximum total
estimated value that CODC will spend over the life of the contract, unless otherwise specified.
Scope
Procurement covers the end-to-end process from ‘needs identification’ to ‘contracting and
placing orders’ to managing contracts and supplier relationships during delivery, completion
or termination of an awarded contract and disposal of assets or products.
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This policy applies to the procurement of:
        goods and services of any kind including refurbishment & new construction
        works
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Section 2 Plan, Source, Manage sets out:
      policy requirements for each step of procurement
Section 3 Governance sets out:
      the responsibilities of the Executive Team at CODC
      the annual procurement planning process including Section 17A requirements
      relevant council documents, government legislation and guidelines
      how CODC deals with complaints and feedback
The Appendices contain a procurement flow chart with detailed notes to advise buyers of the
procedures they need to follow including approvals. CODC procurement tools to use at the
operational level are described.
Key to icons
                      The following icons are used to identify different content types
  Mandatory items –         Recommended          Applies to new     Applies to goods and Additional information
  you must comply           items – you are       construction         services (non-
      with these         encouraged to apply      procurement           construction)
    requirements           these provisions                        procurement, including
                                                                             ICT
Terms in italics are defined in the Glossary at the end of the policy
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Section 1 – Objectives
The following principles will guide the procurement processes of CODC. The processes can
be adapted to the changing needs of Central Otago and New Zealand society over time.
Reference to Broader Outcomes is consistent with the New Zealand Government
Procurement Rules and means the environmental, social, economic or cultural benefits of the
procurement.
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CODC’s strategic goals and objectives guide the delivery of its activities in the context of
sustainability (efforts to spend less and utilise fewer resources), efficiency (efforts to spend
well) and effectiveness (efforts to optimize the impact of spending). Best value for investment
by CODC and ratepayers is achieved by optimising the whole-of-life costs of the good and/or
service.
Calculation of whole-of-life costs should include assessment of environmental and
sustainability considerations in conjunction with:
     Initial purchase costs
     Implementation or transition requirements
     Operating costs
     Support and maintenance costs
     End-of-life/disposal.
The Value for Money principle balances quality with cost and affordability whilst:
     Considering long-term outcomes, not just short-term results;
     Delivering a fit for purpose level of service for users;
     Supporting efficient and effective work practices;
     Considering the impact on current and future customers and the environment.
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             Fair and open competition
              CODC is committed to a transparent, accountable procurement process. Fair and
              open competition improves outcomes for Central Otago by broadening access to
CODC procurement, particularly for Small and Medium Enterprises (SMEs) and businesses
within the district.
Transparent, competitive processes build trust in CODC procurement practices and decisions,
drive fair and ethical behaviour, safeguard probity and foster healthy working relationships
between CODC procurers and suppliers. Competition produces tangible outcomes such as
cost savings, increased quality and innovation and supports market sustainability.
Strong collaborative working relationships between CODC and suppliers are important,
however they must be able to withstand scrutiny. Application of the following probity principles
will ensure that relationships are appropriate, ethical and balanced:
     Undertake due process
     Maintain confidentiality
     Obtain relevant approvals
     Document decisions
A Probity Auditor may be utilised in instances of high value and/or high-risk projects to ensure
the procurement process is being run effectively from a probity perspective. For significant
contracts, particularly multi-year contracts of three or more years, CODC considers it essential
to involve a suitably experienced and skilled probity auditor, or specialist advisor for tender
evaluations and/or negotiations.
             Easy to do business
             Central Otago aims to be the district of choice to start and stay in business.
             Procurement should enhance the CODC’s reputation and brand.
Making CODC procurement simpler, easier and more efficient saves time and money for
CODC and businesses. Streamlined and accessible processes lower barriers to participation
and expand opportunities to a broad supply base, particularly small and medium businesses.
A well-managed and clear procurement process with dedicated project management by
CODC will build confidence in the market.
This policy outlines considerations to guide CODC procurers to select appropriate
procurement and market engagement methods as well as contracting models. Allocating work
effectively to suppliers using a well understood process significantly enhances efficiency.
For example, using a two-stage approach when engaging with the market can be more
efficient and effective than a single stage approach. Stage 1 is a Registration of Interest (ROI)
and stage 2 is a Request for Price (RFP). Benefits of this approach are:
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     the ROI can be a simple document with limited questions saving effort and cost for
      suppliers as well as CODC evaluators. It enables CODC to select a targeted short list
      which is attractive to suppliers and reduces administration for CODC.
     CODC can then discuss the RFP documents with the shortlisted suppliers in more
      detail. This provides greater clarity to suppliers and the CODC can ensure the RFP
      documents lead to well informed bids or proposals from suppliers.
     More targeted engagement and an improved process will lead to better understanding
      between CODC and suppliers and consequently, improved outcomes.
Contracting models may include:
     Early contractor involvement (ECI)
     Alliance Delivery Model (Shared risk)
     Cost reimbursable contract
     Contracts via a third-party agent
     Pre-qualified Suppliers List
     Panel of Suppliers
     All of Government contracts (AOG)
     Syndicated contracts (i.e. with other councils)
     Common Capability Contracts (CCs)
            Innovation
            The marketplace can be a great source of innovation, assisting CODC to work
            smarter and deliver better services.
Industry engagement and flexible procurement practices will assist CODC to adopt innovative
services and solutions and support supplier innovation in CODC’s supply chains.
Innovation is encouraged at three levels of market engagement:
     at the district economic level – through effective, early, structured, and open
      communication of needs to the market
     at the sourcing level – by adapting sourcing methods to facilitate innovation and
      collaboration
      (e.g. improve speed to market while maintaining competition by utilising modern
      procurement methods such as sharing risk, Pre-qualified or panel suppliers, RFI or
      introducing Competitive Dialogue or use of a prototype)
     at the contract management level – by focusing on outcomes and developing supplier
      relationships that deliver value beyond the contract.
For example, innovation can lead to:
     significant reduction in emissions and the waste impacts from goods and services.
     more efficient design and delivery of better solutions
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CODC encourages active management of all contracts in a manner that fosters collaborative,
productive relationships with suppliers and contractors to maximise value for money and
support continuous innovation and improvement. CODC supports a risk management culture
in procurement that is receptive to new ideas and ways of operating. Taking calculated risks
can lead to better rewards and enhanced outcomes.
            Sustainability
            This Sustainability principle outlines CODC’s intention that its procurement and
            contract management practices should enhance value for money and quality
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service delivery, as well as deliver tangible benefits for the local community, economy and
environment.
Sustainable procurement focuses on spending public money efficiently, economically and
ethically to deliver value for money on a whole of life basis. It extends the assessment of value
for money beyond the sourcing process, considering benefits and risks to the organisation,
the community, the economy and impacts on the environment.
Sustainable procurement:
     is a more integrated, strategic approach to procurement. Procurement practices
      account for risks, impacts and value within and beyond the organisation.
     analyses all procurement costs, including benefits for society, environment and the
      economy
     provides all suppliers with full and fair opportunities to compete
     respects stakeholders’ interests, the rule of law and human rights
     seeks innovative solutions to address sustainability throughout the supply chain
     reduces waste and seeks sustainable alternatives
CODC adopted a Sustainability Strategy in 2018, which recognises that CODC influences
sustainability, both in the manner that services are provided to the community and through the
regulatory processes it applies.
CODC encourages procurement decisions that have a positive impact on the natural
environment and biodiversity, use energy and natural resources prudently, minimise waste
and hazardous substances, prevent pollution and reduce carbon impacts. Embedding
sustainability principles into CODC’s procurement framework will assist CODC to procure
goods, services and works that provide social, economic, and cultural benefits, and minimise
negative impacts to the environment. The weight given to the sustainability criterion will be
assessed on the needs of the individual project.
             Social outcomes
             CODC procurement can help to support economic participation, social outcomes,
             create jobs and opportunities and develop skills for the people of Central Otago.
CODC’s substantial infrastructure investments can support jobs and skills development for a
range of workers, including tangata whenua. CODC procurement activity has the potential to
reinvigorate communities and drive better business outcomes.
CODC aims to strengthen its supplier networks over time, make its procurement activity more
accessible and increasingly promote social procurement and its benefits. Shared value
arrangements can capture the delivery of social benefits to communities as well as financial
benefits to CODC and its suppliers. As local spend increases, so do the positive effects felt
within the community, the economy, and small and medium enterprises within the district.
Central Otago SMEs play a critical role in the sustainability of economies and communities.
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CODC intends to use its buying power to generate social value above and beyond the value
of the goods, services or works being procured. CODC wants to maintain its reputation within
the local community as a ‘good employer’ that provides equal opportunity and considers the
needs of future generations while staying focused on developing the district.
CODC encourages procurement decisions that maximise community benefits in terms of
personal health, safety and wellbeing, social cohesion, inclusion, equal opportunity and
participation.
Social procurement can also play a key role in improving CODC staff engagement, building
brand equity, enabling businesses to honour diversity commitments, and allowing them to do
something that is socially good without compromising financial return to shareholders.
Evaluation methods
The procurement plan will also set out the evaluation method to be used. The evaluation
method determines how each evaluation criteria or attribute will be weighted. There are five
main ways to do this:
     Lowest price – very simple procurement and price is the most important factor.
     Simple score – if all the criteria have roughly the same degree of importance.
     Weighted Attribute – if the criteria have different levels of importance.
      (The two variants are standard Weighted Attributes and Price Quality Method).
     Target price – if the scope of work is hard to define, or the budget is the main constraint.
     Brook's Law or Quality Based– if quality is the most important factor and price is not a
      key driver.
For more information, refer to Appendix D.
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CODC attributes
Depending on the type of procurement and evaluation method selected, attributes will be
selected from the following list and weighted in the ranges set out in Appendix D.
Attribute Description
       Broader Outcomes
                                      local economic development
  (secondary benefits which are
                                      sustainability (including environmental)
    generated due to the way
                                      social outcomes
   goods, services or works are
                                      cultural
     produced or delivered.)
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Section 2 – Plan, Source, Manage
The three stage Plan, Source, Manage process described in this section is the best practice
approach to procurement. Key requirements and considerations in the procurement process
are set out as a practical reference for CODC procurers to be read in conjunction with the
procedures and CODC procurement flow chart in Appendix A. It is not intended as a
prescriptive process for all procurement. The importance of each stage depends on the size,
priorities, required outcomes, risk profile and type of procurement.
The Plan and Manage stages are the most critical to creating and delivering value, and
appropriate time and resources should be allocated to these activities. This policy is aligned
with New Zealand Government procurement, which is shaped by the five principles below, the
Government Procurement Charter and supported by the Government Procurement Rules
released by MBIE in October 2019. Relevant notes related to the five principles are:
      plan and manage for great results
      be fair to all suppliers
      get the right supplier
      get the best deal for everyone
      play by the rules.
The Charter sets out government’s expectations of how agencies should conduct their
procurement activity to achieve public value while supporting the delivery of better public
services throughout New Zealand. Agencies are advised to identify their key priorities and
seek to meet as many of these expectations as practical. The table below shows how the
intent of these seven government expectations are covered in section 2.
Expectation Location
                                                          Plan
        Undertake initiatives to contribute to
          a low emissions economy and
   2
          promote greater environmental
                  responsibility.
                                           
            Look for new and innovative
   3                                                      Plan
                     solutions.
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    Engage with businesses with good
4                                        Source
         employment practices.
Source Manage
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         Plan
           Good practice requires a strong understanding of the aspects of the procurement
lifecycle, and how to skilfully apply them to deliver the best results. Whilst you need to comply
with this policy, you should design your process proportionate to the value, risk and complexity
of the procurement. Applying sound commercial judgement achieves the best public value and
drives innovation and performance.
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A partnership with Ngāi Tahu will allow each party to show the values of whanaungatanga
(connection). CODC will promote close engagement and consultation with Ngāi Tahu when
planning procurement into the future. This will enable Ngāi Tahu to be well prepared to
demonstrate their tohungatanga (skills and expertise) and bid for a particular contract
opportunity as well as join competitive processes to become a pre-qualified or panel supplier
for relevant procurement.
For procurement that Ngāi Tahu has an interest in (e.g. due to its cultural significance or
ownership), consideration will be given to how knowledge of the practices of the iwi can be
included in the evaluation criteria used to evaluate supplier responses.
Risk
Procurement risk management requires you to balance the risks against the expected benefits
and:
     identify risks in or around your procurement process (including reputational risk)
     assess the probability and severity of each risk
     plan how to mitigate or manage risks
When completing a contract, carefully consider whether CODC or the supplier is the party that
is best placed to manage particular risks and work together with suppliers to plan risk
mitigation.
For more information, refer to CODC’s Risk Management Policy.
Conflicts of interest
CODC’s procurement decision-making processes need to withstand challenge on the basis of
actual or perceived bias or conflicts of interest.
At all key decision points in the process, staff must comply with CODC’s Staff Interests Policy
and complete a conflict of interest declaration form which will be stored in the central register.
Any perceived, potential or real conflicts must be managed.
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Commercially sensitive information and Intellectual
Property
The confidentiality of suppliers’ information must be protected throughout the procurement
process. Confidentiality obligations remain after contracts are terminated or expired.
Legal advice may be required in instances where CODC needs to balance confidentiality
requirements with statutory requirements for disclosure and consultation under the Local
Government Official Information and Meetings Act 1987.
Additional Information
               At this time in the process, the decision to use a Probity Auditor or specialist advisor should be
               made so they can be involved in the rest of the process.
If a procurement is not allowed for in the existing annual budget, then a business case will
need to be written to justify the expenditure. The level of detail will vary depending on the level
of risk or value of the procurement. Refer to the table in Appendix B and the Register of
Delegations to find the suitable level of governance and approval including circumstances
where there is an exemption from open advertising.
Procurement Plans
Before approaching the market or provider community, a procurement plan must be produced
describing what is being procured and why. CODC procurement objectives should be built
into the plan. The extent of planning should be based on the size, risk and complexity of each
procurement.
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                            Additional Information
CODC procurement plan templates for different value and category of goods and services can be
found in the Procurement Tools Library on the intranet.
       Identify what you need, including what Broader Outcomes should be achieved, then plan
        how to get it.
       Set up a team with the right mix of skills and experience.
Procurement plan
A procurement plan sets out what you intend to procure, how and why you intend to approach the
market and why, how you will evaluate bids and how you intend to contract. This information could
also be covered in another document, e.g. a business case. A typical procurement plan should
include:
       a clear business objective and benefits
       a scoping statement
       how you will engage with the market, and supply market analysis
       risk assessment
       demand analysis
       stakeholder engagement
       sourcing approach to market
       sufficient timelines
       evaluation methodology and criteria
       contractual arrangements, including management of the contract
       relevant funding and other approvals.
It is important that you consider the longer-term impacts of your procurement decisions and not
just the immediate results (e.g. will the decision substantially reduce competition or create a
monopoly in the future marketplace?).
Additional Information
Identifying key stakeholders at this stage is important so they can be involved in developing the
procurement objectives, scope, market approach, evaluation criteria and relative weightings and
later the contract requirements, including key performance indicators.
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                                          Additional Information
              NZ government agencies that provide funding to CODC, sometimes have specific procurement
              requirements or policies that CODC need to comply with.
              CODC procurement plans must follow the requirements of CODC policy first, then apply any
              additional requirements that the funder (e.g. NZTA) has specified. Written confirmation approving
              the procurement plan must be received from the relevant agency prior to proceeding.
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            Source
              If CODC cannot agree a reasonable price with the supplier during negotiation, then a market
              tender must be pursued. The Supplier’s final pricing will then compete with the market pricing
              received.
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Market approaches
                                   Government Procurement Charter
              Engage with Māori and Pasifika businesses and social enterprises in order to actively contribute to
              our local economy. Openly working to include and support these businesses and social
              enterprises through procurement will promote both skills development and a diverse and inclusive
              workforce.
Market tender
CODC will generally conduct competitive tendering using either a single stage or two stage
procurement process.
Two-stage procurement process begins with a Registration of Interest (ROI) to shortlist
potential suppliers before seeking detailed bids from the shortlisted suppliers. An ROI is
generally used when the information required from suppliers is specific but CODC is unsure
of the capability of suppliers to provide the required goods and services.
A Request for Proposal (RFP) may be used for a single or a two-staged process and is used
when the project or requirement has been defined, but where an innovative or flexible solution
is sought.
All of Government
The Ministry of Business, Innovation and Employment (MBIE) coordinates New Zealand
Government procurement for public sector agencies. There are three types of contracts
available:
     All of Government contracts (AoG)
     Syndicated contracts
     Common Capability contracts (CC)
These contracts allow eligible agencies (including councils) to purchase goods and services
collectively.
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                             New Zealand Government Procurement Rules
Definitions
               Panel of Suppliers: A list of suppliers an agency has pre-approved to supply particular goods or
               services and who have agreed to the agency’s terms and conditions for supply.
               Pre-qualified Suppliers List: A list of suppliers an agency has pre-approved as having the
               capability and capacity to deliver specific goods or services.
               Pre-conditions: A condition that a supplier must meet to be considered for a particular contract
               opportunity.
               Panel Contract: A type of framework agreement that governs the relationship between the agency
               and each Panel Supplier. It sets out the terms and conditions that the parties agree to contract on
               in the event that the Panel Supplier is allocated a contract to provide specific goods, services or
               works.
Direct source
Direct engagement of a supplier in the absence of competition should only be used in certain
circumstances when:
     only a single supplier has the required goods or services available in the time required
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     compatibility with existing equipment or services or standardisation is essential, and
      can only be achieved through one supplier
     continuity of professional advice is required
     there is a legislative requirement to use one supplier
     the cost associated with any other form of procurement would be out of proportion to
      the value or the expected benefits of the procurement
Emergency procurement
An ‘emergency’ is a sudden unforeseen event which may result in injury, loss of life or critical
damage to property or infrastructure. In the event of a genuine emergency, flexibility is
required by CODC to procure goods and services which may be required to manage the
emergency response. A balance is required between the need to act without delay, against
obligations to achieve value for money.
Appropriate authorisation should be gained from the relevant delegated authority before any
emergency procurement is made.
During an emergency, all practical efforts should be made to document and account for all
emergency procurement so as to mitigate potential wrongdoing occurrences and remain
transparent.
Selection
Once the procurement has been evaluated, CODC will select a preferred respondent in
accordance with the RFP.
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                                   Government Procurement Charter
Negotiation
CODC can then confirm to the supplier that they are the preferred respondent and enter into
detailed negotiations to agree the terms of the contract, including:
     scope including technical specifications and equipment
     roles and responsibilities
     methodology
     final pricing
     health and safety requirements
     key performance indicators
If terms cannot be agreed on, then CODC reserves the right to enter into discussions with the
next best supplier or abandon the process altogether.
Award
When the outcome of the process is submitted for approval to enter into a commitment with
the supplier, the approver should check that the procurement process has been run robustly
and in line with the approved procurement plan. After reviewing the process and final
documentation, the approver may either approve, seek further information or clarity, or decline
approval.
Additional Information
              Executive Team members may be required to use their judgement as to whether a procurement
              decision needs to go to the CEO or Council for approval or discussion.
              For example, a low value procurement may be considered high risk due to the public interest in
              the outcome.
If approval is declined, then the procurement process is likely to be terminated. The approver
cannot override the recommendation and choose an alternative supplier. If the process ends
this way, the decline must be documented with reasons.
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Complete contract
Once the appropriate approvals are gained to enter a commitment, the contract documents
can be finalised with the assistance of legal if required. Sign off will be in accordance with the
Register of Delegations.
To assist contract management and review, it is useful to have a clear scope and
specifications in the contract at the beginning, combined with an agreed performance regime
such as key performance indicators for service contracts.
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Manage
                                         Additional Information
              CODC must keep adequate records of all procurement decisions for audit and accountability
              purposes. The Public Records Act 2005 requires public entities to maintain full and accurate
              records in keeping with normal, prudent business practice.
The value, complexity and risk of the procurement will determine the nature and amount of
documentation that is required. Records should clearly demonstrate due process was followed
in compliance with this policy and contain information such as:
     identification and appropriate management of potential conflicts of interest issues
     tender documents that were published or sent to suppliers
     supplier responses
     evaluation outcomes
     governance decisions
     contract documents
Contracts register
The Contract Manager must ensure that all contracts are recorded on CODC’s Contracts
Register. The Contracts Register can be found in the Procurement Tools Library on the
intranet.
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Contract Management and Review
Contract management ensures that the supplier delivers per the contract on time, with the
appropriate quality and for the agreed price. It requires active monitoring of delivery and costs,
managing risks and managing the supplier relationship throughout the contract.
Regular contract reviews and/or meetings with suppliers can be used to assess how well the
objectives have been met and where any improvements can be made in future.
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Section 3 – Governance
               Governance
The Executive Team are responsible for developing and implementing this policy and ensuring
minimum standards are met in managing procurement activities. They are accountable for:
     effectively managing risk
     promoting the delivery of outcomes towards strategic objectives and priorities
     driving continuous improvement and capability development across CODC
     ensuring best value for money in the procurement of goods and services by and for
      CODC
     improving competition and facilitating access to CODC procurement business by the
      private sector, especially by small and medium enterprises within the district
     reducing administrative costs for CODC associated with procurement
     simplifying procurement processes while ensuring probity and fairness
     monitoring compliance with this policy
     investigating and dealing with complaints about CODC procurement activity
Strategy
Section 17A
The Executive Team will meet and approve service delivery reviews required as part of their
quarterly review.
Service delivery reviews are now a legislative requirement under Section 17A of the Local
Government Act (2002) (the Act).
This states:
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“A local authority must review the cost-effectiveness of current arrangements for meeting the
needs of communities within its district or region for good-quality local infrastructure, local
public services and performance of regulatory functions.”
The Act goes on to specify that a review must be undertaken in the following circumstances:
     When a significant change to the level of service is proposed
     Within two years of a contract or binding agreement expiring
     At any other time, but no less than six years following the last review
Where a review is required to be undertaken, as a minimum, the review must consider the
following:
     Governance and funding by:
      o Council alone; or
      o In a shared governance arrangement with one or more councils.
     Service delivery by:
      o Council (i.e. in-house);
      o A Council Controlled Organisation owned by Council or jointly owned with another
          shareholder (e.g. another council or private party);
      o Another council (e.g. through a shared service arrangement); or
      o Another person or agency (e.g. out-sourced contract or by opting out).
Council documents
Relevant CODC documents and policies include:
     Register of Delegations
     Risk Management Policy
     Staff Interests Policy
     Significance and Engagement Policy
     Sustainability Strategy
             Complaints handling
An effective complaints management process is integral to the principles of probity and
fairness. It demonstrates that CODC places a high level of importance on conducting
procurement in an honest, fair, accountable and transparent manner. Complaints processes
can also assist in diagnosing shortcomings in Council procurement and provide a means for
continuous improvement of procurement systems and standards of service.
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             Government arrangements
Relevant legislation
Relevant legislation includes but is not limited to:
     Building Act 2004
     Construction Contracts Amendment Act 2015
     Consumer Guarantees Act 1993
     Commerce Act 1986
     Fair Trading Act 1986
     Contract and Commercial Law Act 2017
     Health and Safety at Work Act 2015
     Human Rights ACT 1993
     Public Finance Act 1989
     Financial Reporting Act 2013
     Privacy Act 1993
     Official Information Act 1982
     Land Transport Management Act 2005
     Local Government Act 2002
     Local Government Official Information and Meetings Act 1987
     Resource Management Act 1991
     Public Audit Act 2001
     Public Records Act 2005
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Appendix A – Plan, source, manage procedures
CODC procurement flow chart
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            Plan
Additional Information
              It’s better to be cautious. If your MTEV is getting close to a value threshold (e.g. services valued at
              $48,000), always consider using an open competitive process. After all, your calculation is only an
              estimate.
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Other inclusions to consider when calculating MTEV are noted in the table below:
Additional Information
                When planning new construction works, you may decide to ‘structure work into subcategories and
                award these to separate suppliers. Openly advertising smaller contracts can be helpful for SMEs
                that do not have the capacity to supply all the components of a large project.
                If you decide to structure work into subcategories, each of the packages of work will count towards
                the MTEV of your procurement.
                You must not split orders to avoid procurement value thresholds and their governance
                requirements.
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     Natural or manmade disasters
     Failure of critical infrastructure or service                                  Additional Information
     Critical health or environmental emergencies
     Political or civil emergencies
     Critical security emergencies
                                                                                                      See note 16
     Unanticipated events which impact upon CODC’s ability to
      fulfil
      statutory or critical obligations within the necessary
      timeframes.
              Executive Team members may be required to use their judgement as to whether a procurement
              decision needs to go to the CEO or Council for approval or discussion.
              For example, a low value procurement may be considered high risk due to the public interest in
              the outcome.
If the procurement you need to do is not allowed for in the existing annual budget, then you
will need to write a business case to justify the expenditure. The level of detail will vary
depending on the level of risk or value of the procurement. Refer to the Register of
Delegations for authority to sign off.
Additional Information
              At this time in the process, the decision to use a Probity Auditor or specialist advisor should be
              made so they can be involved in the rest of the process.
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Using the procurement’s MTEV that you have calculated, refer to the table in Appendix B and
the Register of Delegations to find the suitable level of governance and approval including
circumstances where there is an exemption from open advertising.
Additional Information
              CODC procurement plan templates for different value and category of goods
              and services can be found in the Procurement Tools Library on the intranet.
Public value means getting the best possible result from your procurement, using resources
effectively, economically and without waste, taking into account:
     the total costs and benefits of a procurement (total cost of ownership); and
     its contribution to the results you are trying to achieve.
For each procurement consider:
     how to achieve the CODC Objectives of value for money, fair and open competition,
      easy to do business and innovation and New Zealand Government priority outcomes;
     how other Broader Outcomes (social, environmental, cultural or economic) could be
      leveraged through the procurement;
     whether an existing All-of-Government, Syndicated or Common Capability contract
      could cover the need; and
     if you can engage with other councils to seek opportunities to collaborate.
                                                                                        36
Note 8. Analyse and engage market and select the best value
procurement method
Early market engagement and continued open dialogue with suppliers is essential to achieving
good results.
Selecting the most appropriate procurement process that is proportionate to the value, risk
and complexity of the procurement will also help to achieve public value.
Communications with suppliers should include:
     confirming the outcomes CODC is seeking
     providing a contact person for suppliers to talk to during the procurement process
     getting supplier input during development of RFP documents
     answering questions in a timely and clear manner
     allowing supplier feedback after each procurement process.
Source
                    Be clear about what you need, and fair in how you assess suppliers – don’t string
                     suppliers along.
                    Choose the right supplier who can deliver what you need, at a fair price and on time.
                    Choose suppliers that comply with the Government’s Supplier Code of Conduct.
                    Build demanding, but fair and productive, relationships with suppliers.
                    Make it worthwhile for suppliers – encourage and reward them to deliver great results.
                    Identify relevant risks and get the right person to manage them.
                                                                                                         37
Note 10. Follow extension rules
You may extend an existing contract under the following conditions:
     the supplier has a track record of providing goods and services to a high quality and on
      time
     the existing contract was won through a competitive market tender process less than
      three years ago and the additional goods or services are of a similar nature to the work
      already contained within the contract
     the MTEV of the new work is less than $100k and is a lower value than the existing
      contract
     market analysis shows that pricing for the goods and services provided is stable
     Pending regulatory change or significant change to a market structure
Additional Information
              If CODC cannot agree a reasonable price with the supplier during negotiation, then a market
              tender must be pursued. The Supplier’s final pricing will then compete with the market pricing
              received.
Additional Information
              Using the procurement’s MTEV that you have calculated, refer to the table in Appendix C for
              recommended actions to ensure a price is reasonable at different values.
                                                                                                               38
Note 12. Market tender
CODC will generally conduct competitive tendering using either a single stage or two stage
procurement process. For further information about the benefits of a two-stage process, refer
to the Easy to do Business explanation in Section 1 of this policy.
Two-stage procurement process begins with a Registration of Interest (ROI) to shortlist
potential suppliers before seeking detailed bids from the shortlisted suppliers. An ROI is
generally used when the information required from suppliers is specific but CODC is unsure
of the capability of suppliers to provide the required goods and services.
A Request for Proposal (RFP) may be used for a single or a two-staged process and is used
when the project or requirement has been defined, but where an innovative or flexible solution
is sought.
                                                                                            39
Note 15. Direct source
Direct engagement of a supplier in the absence of competition should only be used in certain
circumstances when:
     only a single supplier has the required goods or services available in the time required
     compatibility with existing equipment or services or standardisation is essential, and
      can only be achieved through one supplier
     continuity of professional advice is required
     there is a legislative requirement to use one supplier
     the cost associated with any other form of procurement would be out of proportion to
      the value or the expected benefits of the procurement
The final procurement plan should explain the reason for direct engagement prior to approval
by the relevant authoriser. Repeated use of the same supplier for small amounts using this
method should be carefully reviewed.
                                                                                             40
Note 18. Select, negotiate and award contract
                            New Zealand Government Procurement Rules
Select
Once the procurement has been evaluated, CODC will select a preferred respondent in
accordance with the RFP.
Negotiate
CODC can then confirm to the supplier that they are the preferred respondent and enter into
detailed negotiations to agree the terms of the contract, including:
     scope including technical specifications and equipment
     roles and responsibilities
     methodology
     final pricing
     health and safety requirements
     key performance indicators
                                                                                                             41
If terms cannot be agreed on, then CODC reserves the right to enter into discussions with the
next best supplier or abandon the process altogether.
When completing the contract, carefully consider whether CODC or the supplier is the party
that is best placed to manage particular risks and work together with suppliers to plan risk
mitigation.
Award
When the outcome of the process is submitted for approval to enter into a commitment with
the supplier, the approver should check that the procurement process has been run robustly
and in line with the approved procurement plan. After reviewing the process and final
documentation, the approver may either approve, seek further information or clarity, or decline
approval.
Additional Information
              Executive Team members may be required to use their judgement as to whether a procurement
              decision needs to go to the CEO or Council for approval or discussion.
If approval is declined, then the procurement process is likely to be terminated. The approver
cannot override the recommendation and choose an alternative supplier. If the process ends
this way, the decline must be documented with reasons.
Additional Information
              At the end of a procurement process, it is good practice to offer unsuccessful suppliers a supplier
              debrief to allow them an opportunity to learn and make improvements to their next bid. The
              procurement plan should set out how and when this will likely be conducted.
Complete contract
Once you have gained the appropriate approvals to enter a commitment. Finalise the contract
documents with the assistance of legal if required. To assist contract management and review.
it is useful to have a clear scope and specifications in the contract at the beginning, combined
with an agreed performance regime such as key performance indicators for service contracts.
                                                                                                            42
Note 19. Raise purchase order
                                        Additional Information
             Once approved by an authorised delegate, purchase orders must be raised for the full amount of
             all procurement and the purchase order number should be quoted on the supplier’s invoice for it to
             be paid. Purchase orders must never be used to make private purchases.
Manage
The value, complexity and risk of the procurement will determine the nature and amount of
documentation that is required. Records should clearly demonstrate due process was followed
in compliance with this policy and contain information such as:
     identification and appropriate management of potential conflicts of interest issues
     tender documents that were published or sent to suppliers
     supplier responses
     evaluation outcomes
     governance decisions
     contract documents
Contracts register
All contracts must be recorded on CODC’s Contracts Register. The Contracts Register can
be found in the Procurement Tools Library (linked to be inserted).
                                                                                                         43
continues to develop the supplier and drives public value through ongoing efficiency and
effectiveness gains.
              CODC must keep adequate records of all procurement decisions for audit and accountability
              purposes. The Public Records Act 2005 requires public entities to maintain full and accurate
              records in keeping with normal, prudent business practice.
                                                                                                             44
Appendix B – Governance and approvals
The table below sets out the delegated authority for each procurement value threshold in
accordance with the delegated authority in the Register of Delegations:
                                                                                               45
Moderate expenditure - $50,000 - $199,999
Use either a Market Tender, AoG, pre-qualified supplier or panel or direct source method as
appropriate. Selection must be justified in a procurement plan and approved by an Executive
Manager before proceeding.
                                                                                             46
   Additional circumstances for high expenditure:
   The goods or services are only available from a few suppliers;
   It is not practical or cost-effective to conduct an open tender or proposal;
   There is limited time for the procurement process.
Additional Information
            All situations when exemption from open advertising is recommended must be approved by one
            level of delegated authority higher than usual for the value thresholds in the table above.
                                                                                                    47
Appendix C – Ensuring a price is reasonable
The following table sets out necessary actions to ensure a price is reasonable at different
values:
   Spend
                 Value threshold                                 CODC Actions
  category
                  >$500 & <$10,000     Prior to approval, obtain a minimum of one written quote.
 Minor
                                       Prior to approval, written evidence is available to demonstrate to the
                                       approving delegated authority that the price is reasonable and due
                                       diligence has been completed.
                 >$10,000 to $50,000
                                       Obtain a minimum of 3 written quotes if possible.
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Appendix D
Evaluation methods
1. Lowest price - very simple procurement and price is the most important factor
Method Situation
    1.   Determine which offers meet the                            Procuring goods rather than services
         requirements.
    2.   Look at the total price for each eligible offer.     The strongest emphasis is on price and all of the
    3.   The lowest priced eligible offer is ranked first.           criteria have the same importance.
This method is not recommended for complex procurements as it doesn't consider the relative
importance of the criteria or judge value for money.
   2. Simple score – if all the criteria have roughly the same degree of importance
Method Situation
This is the most common methodology used in public sector procurement. Price can be a
weighted criterion, or you can evaluate price separately.
                                                                                                              49
              Price is a weighted criterion                           Price is not a weighted criterion
          Two variants are Standard Weighted Attributes            price information is usually kept from the
           or Price Quality Method                                   evaluation panel until after the evaluation on the
          Price should be in a second envelope and not              merits and scoring is finalised.
           disclosed until the non-priced evaluation is             Price is often not included as a weighted
           completed.                                                criterion in the procurement of social services.
          Carry out some level of sensitivity analysis to
           ensure that the level of weighting is appropriate.
          Consider the risk of unreasonable and
           unrealistically low-priced offers achieving the
           highest overall weighted score where it is clear
           that the goods/services cannot be delivered
           within the quoted price.
Method Situation
   4. Target price – if the scope of work is hard to define, or the budget is the main
      constraint
                                                                                                                    50
                         Method                                                        Situation
    2.   Focus the evaluation on the quality, quantity          CODC is likely to receive a range of offers with prices
         and outcomes of the services to be provided              that are hard to compare and might exceed the
         rather than price.                                                        available budget.
5. Brook’s Law or Quality Based – if quality is the most important factor and price is not
   a key driver.
Method
1 Offers are evaluated on the merits without price being disclosed to the panel.
2 Only those suppliers who are clearly able to fully deliver against the requirements are shortlisted.
          The highest-ranked supplier is invited to negotiate. At this point the price for this supplier is disclosed. All
3
                                                other prices remain unopened.
         If no agreement is reached, the second ranked supplier is invited to negotiate. At this point the price for that
5              supplier is disclosed. All other prices remain unopened. The process continues until a satisfactory
                                                      agreement is negotiated.
                                                                                                                     51
Evaluation method attribute guidelines
The following table compares the evaluation methods and indicates how attributes should be
allocated. The total score should add to 100%.
                                                                                    Price /
                                        Technical   Capability                    Value for
 Evaluation    Typical
                                          merit       of the      Methodology       money       Broader
                value       Price
  method                                 (fit for    supplier    and Programme   (based on     Outcomes
              threshold
                                        purpose)    to deliver                   whole-of-
                                                                                  life cost)
  Lowest      Minor
   price                                                              n/a           n/a          n/a
              Moderate      100%
  (goods)
              Emergency
  Simple      Minor
                             n/a          20%         20%            20%            20%          20%
  score
              Moderate
                          Price is a
              Moderate
                          weighted      25 -35%      15-20%         15-20%        15-40%        5-10%
              High
                          criterion
 Weighted
 attribute
                          Price is
                           not a
              Moderate                   30-35%      20-25%         25-30%          n/a         5-10%
                          weighted
                          criterion
              Moderate
  Target
              High        Specified      30-35%      25-30%         25-30%          n/a         5-10%
   price
              Emergency
  Brook's
  Law or      Moderate     Separate      30-35%      25-30%         25-30%          n/a         5-10%
  Quality                 negotiation
  Based       High
                                                                                                   52
Glossary
The definitions in this glossary are generally consistent with those used in the New Zealand
Government Procurement Rules.
                            Section 1 Easy to
                              do Business           A type of collaborative contract. AoGs are usually Panel
   All-of-Government                                Contracts established by MBIE or other agencies that are
    Contracts (AoG)             Note 12           approved Centres of Expertise for common goods or services
                                                        (e.g. vehicles, laptops, and recruitment services).
                               Appendix B
 Brook's Law or Quality                          Procurement evaluation method used when quality is the most
         Based                                          important factor and price is not a key driver.
                                                                                                              53
   Word or phrase           Reference                                   Definition
                          Section 1 Local
                            economic         A tender process where CODC asks a limited number of known
 Closed competitive
                           development          suppliers to tender for a contract opportunity. The contract
      process
                                                           opportunity is not openly advertised.
                           Appendix B
                                                                                                          54
  Word or phrase          Reference                                    Definition
                                                                                                         55
 Word or phrase       Reference                                Definition
                                   A genuine estimate of the total cost that CODC will pay over the
  Maximum total                     whole-of-life of the contract. It covers the full contract cost of
  estimated value       Note 1           goods or services, and any other expenses such as
      (MTEV)                       maintenance and repairs, and the cost of disposing of the goods
                                                       at the end of the contract.
                                                                                                56
                            This term relates to goods and services associated with
                             developing new civil or building construction works
                             including buildings, roads, rails, bridges and dams. It
                             covers new builds and replacement of an existing
                             construction. This also includes related services such as
                             design, architecture, engineering, quantity surveying,
                             and management consultancy services.
                            It includes various stages in the project such as:
                            demolition of previous structure
                            pre-erection works at construction sites, including site
                             investigation work
                            construction work for buildings, residential and non-
                             residential
                            construction work for civil engineering
                            assembly and erection of prefabricated constructions,
                             i.e. installation on site of complete prefabricated
                             buildings or other constructions, i.e. installation on site
                             of complete prefabricated buildings or other
                             constructions, or the assembly and erection on site of
                             prefabricated sections of buildings or other
                             constructions
                            special trade construction work such as foundation
                             work, including pile driving, water well drilling, roofing
                             and water proofing, concrete work, steel bending and
                             erection, erection work from purchased or self-
New construction works       manufactured structural steel components for buildings
                             or other structures such as bridges, overhead cranes or
                             electricity transmission towers, steel reinforcing work
                             and welding work
                            masonry work
                            installation work such as heating, ventilation and air-
                             conditioning work, water plumbing and drain-laying
                             work, gas-fitting construction work, electrical work,
                             insulation work (e.g. electrical wiring, water, heat,
                             sound), fencing and railing construction work, other
                             installation work (e.g. installation of lifts and escalators
                             and moving sidewalk), fire escape equipment and
                             construction work (e.g. staircases)
                            building completion and finishing such as glazing work
                             and window-glass installation work, plastering work,
                             painting work, floor and wall-tiling work, floor-laying,
                             wall-covering and wall papering work, wood and metal
                             joinery and carpentry work, interior fitting decoration
                             work, ornamentation fitting work, other building
                             completion and finishing work (e.g. special trade
                             building acoustical work involving the application of
                             acoustical panels, tiles and other material to interior
                             walls and ceilings), and steam or sand cleaning work of
                             building exteriors
                            renting services related to equipment for construction or
                             demolition of buildings or civil engineering works.
                                                                                   57
   Word or phrase         Reference                                Definition
                                                                                                      58
   Word or phrase          Reference                                 Definition
                                                                                                        59
  Word or phrase       Reference                                 Definition
                                                                                                 60
   Word or phrase              Reference                                     Definition
61