POLICY FOR PROCUREMENT INCLUDING WORK OUTSOURCED TO OTHER ORGANISATIONS AND INDIVIDUALS

Transcription

1 Arts Marketing Association POLICY FOR PROCUREMENT INCLUDING WORK OUTSOURCED TO OTHER ORGANISATIONS AND INDIVIDUALS Title: Policy for procurement including work outsourced to other organisations and individuals Version: 4 Date of creation: September 2004 Latest date of modification: 24/11/2015 Review: This Policy will be reviewed at the end of our current Business Plan (March 2020). Changes will only occur before this deadline in the event of: Changes in legislation; Decision by Executive Director or Board Members; Service development that involves a significant change impacting the current policy. Such changes will be notified to the people covered by this Policy (Target Audience). Target Audience AMA Staff and Board Members Executive Director Signature: (Hard Copy Only)

2 1. Policy Context 1.1 The AMA aspires to work and develop productive relationships with a wide range of organisations and individuals. Anyone can submit a tender for work outsourced from the AMA no individual or organisation is excluded from this process. The AMA therefore wishes to make a clear statement as to how it outsources work. 2. The equality plan states that as a contractor, the AMA will: 2.1 Operate contracting procedures and practices which promote equality of opportunity If an appropriate supplier is available for work with a fee of less than 10,000, then the work may be offered directly to them. If no suppliers have been identified, the work will be advertised following the format outlined for work over 10,000. For outsourced work with a fee from 10,000 to 100,000 the AMA will request three quotes. However, the AMA recognizes that, in exceptional circumstances, these procurement methods are not applicable or may lead to an unrealistic process. In such situation and when there is at least one reason or justification for relying solely on one provider or sole source, the AMA may resort to contracting a sole source supplier. Please see part B) Sole supplier clause for more information. For outsourced work with a fee over 100,000, the AMA will go out to public tender, advertising as widely as possible to ensure that people are not excluded through the use of informal networks. 2.2 Provide clear and unambiguous specifications for the responsibilities and services against which it invites applications and tenders A specification will be produced for all outsourced work which will list the criteria against which applications will be judged. 2.3 Substantiate the appointments made under such procedures and provide feedback to unsuccessful candidates Appointments made will be substantiated to the successful organisation or individual in writing. Unsuccessful candidates will be invited to receive feedback by contacting the AMA office. 3. Sole supplier clause 3.1 Definition A sole source is a non-competitive purchase or procurement process accomplished through solicitation or acceptance of a proposal from one single provider, so-called sole source. 3.2 Conditions A sole source procurement process should only be used under specifically defined circumstances. Sole source solicitation is used only when other procurement methods are not applicable or lead to an unrealistic process. - Page 2 of 5 -

3 The sole source can only be used when: none of the other procurement methods applies, and there is at least one reason or justification for relying solely on one provider or sole source (no competition, etc.). 4. Sole supplier justification 4.1 Sole sourcing is not appropriately justified and justifiable when used as a method of selecting a preferred vendor. 4.2 The main justification for adopting a sole source procurement process is when there is, by definition, only one supplier capable of satisfying or supplying the service or good required by the AMA. 4.3 Justifying sole source could be: unicity, i.e. the item is only available from one single supplier; or immediacy, i.e. delays resulting from competitive solicitation are not acceptable; or emergency, i.e. delays resulting from other methods of solicitation are not bearable; or legitimacy, i.e. specific contexts (geographic, contractual, political, legal, security, etc.) may allow such a non-competition of sources; or inadequacy, all sources are qualified as inadequate (compatibility, compliance, price, quality, service, support, etc.); or exigency, i.e. any other specific reason dictating the choice of a given provider. 4.4 In order for the Executive Director to validate the contracting of sole-sourced goods or services, the AMA staff should: provide a recent (less than 30 days) quotation from the sole source provider; fill out a Sole Source Justification & Approval form (Appendix A). - Page 3 of 5 -

4 Appendix A SOLE SOURCE JUSTIFICATION AND APPROVAL FORM Sole source purchases require justification and approval of the Executive Director. This form is to be filled by any AMA member of staff who requests that a sole source be approved for the procurement of items or services. Project s name: Estimated contract amount: Recommended supplier name, address, and contact information: Description of requested items or services and their purpose(s): Reason(s) for requesting a sole source purchase (in addition of ticking the adequate reason, please elaborate below): The item/service is only available from one single supplier Only known item or service matching the requested needs or performing the intended task. Extension of a previous contract procured within the procurement guidelines Sole provider of a licensed or patented good or service Sole provider of items compatible with existing equipment, inventory, systems, programs or services Sole provider of goods or services established as standard (Please provide evidence of such a standard) Time is of the essence and only one known source can meet the needs within the required timeframe. (Lack of adequate advanced planning does not create an urgency that justifies sole source acquisition) Delays resulting from competitive solicitation are not acceptable Delays resulting from other methods of solicitation are not bearable Specific contexts (geographic, contractual, political, legal, security, etc.) may allow such a non-competition of sources All sources are qualified as inadequate (compatibility, compliance, price, quality, service, support, etc.) Alternate supplier for a similar product cannot be identified None of the above applies (Please attach a detailed explanation and justification for this sole source request) Explain why the product or service requested is the only one that can satisfy your requirements as well as why alternatives are unacceptable. Be specific with regard to specifications. Attach additional pages if necessary: - Page 4 of 5 -

5 I hereby certify that, to the best of my knowledge, the above justification is accurate and request that a sole source be approved for the procurement of the above requested items or services. REQUESTED BY: DATE: SIGNATURE: RESERVED FOR THE EXECUTIVE DIRECTOR ONLY SIGNATURE: APPROVED NOT APPROVED Reason for denial: - Page 5 of 5 -