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Legislative Assembly for the ACT: 2018 Week 04 Hansard (Thursday, 12 April 2018) . . Page.. 1492 ..

or agencies are not limited to the panel members, (b) any internal processes or tests to determine when services can be contracted outside the panel and (c) any limitations or reporting requirements placed on procurements outside the panel arrangement; if not, why not.

(3) Are there any limitations or restrictions on how much of the total value of the panel contract can be extended during each year of the contract; if so, what are the limitations and restrictions; if not, why not.

Mr Barr: The answer to the member’s question is as follows:

(1) To utilise the Whole of Government Creative Services Panel, the directorate or agency purchasing officer must first register with Goods and Services Procurement for access to the Panel Management Portal (the electronic system that manages procurements for the panel arrangement). This registration includes identification by the purchasing officer of their financial delegate.

Training and a Buyer’s Guide are made available for the purchasing officer, as well as provision of support and advice from the panel manager (Goods and Services Procurement) and the contract manager (Whole of Government Communications team).

(2) In certain circumstances it is permissible for ACT Government directorates or agencies to go outside the Whole of Government Creative Services panel. These circumstances include when the existing panel members can’t provide the required specific service, or meet the timeliness or budget considerations.

However, it should be noted that any procurement of such goods, services or works outside the Panel, must comply with the requirements of the Government Procurement Act 2001, to obtain value for money including regard to probity and ethical behaviours; management of risk; and open and effective competition.

If ACT Government directorates or agencies need to procure external media and communication services from outside the Whole of Government Creative Services Panel Contract, they must obtain an exemption via their Delegate and the Executive of the Whole of Government Communications team. The request for an exemption must clearly justify the circumstances described in 2(a).

All procurements conducted outside the Panel arrangement are subject to the reporting requirements legislated in the Government Procurement Act 2001; that is notifiable contracts and invoices over $25,000 are publicly reported.

(3) Expenditure against all Panel services are monitored for compliance to the approved budget over the full term of the contract. In the event that spend on the Panel is forecasted to exceed the approved budget, a procurement variation to increase the financial threshold would need to be sought from the Delegate.

If the variation involves a proposal to undertake a category member refresh or inclusion of a new category, an open tender process is required.

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