Overview Flashcards

1
Q

Accountable Authority

A

the person or group of persons responsible for, and has control over, a Commonwealth entity’s operations.

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2
Q

Procurement

A

The process of acquiring goods, services, or works from external sources

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3
Q

RFP (Request for Proposal)

A

A document used to solicit proposals from potential suppliers or contractors

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4
Q

Vendor

A

A company or individual that supplies goods or services to an organization

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5
Q

Supplier

A

A company or individual that provides products or services to another company

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6
Q

Contract

A

A legally binding agreement between two or more parties that outlines the terms and conditions of their business relationship

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7
Q

Scope of Work

A

A detailed description of the work to be performed under a contract

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8
Q

Terms and Conditions

A

The specific provisions, rules, and requirements that govern a contract

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9
Q

Purchase Order (PO)

A

A document issued by a buyer to a seller, indicating the details of a purchase transaction

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10
Q

Delivery Date

A

The specified date on which goods or services are expected to be delivered

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11
Q

Payment Terms

A

The agreed-upon conditions for making payments to a supplier or contractor

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12
Q

Performance Bond

A

A financial guarantee provided by a contractor to ensure they fulfill their obligations under a contract

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13
Q

Change Order

A

A written request to modify the scope, terms, or conditions of a contract

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14
Q

Force Majeure

A

An unforeseeable event beyond the control of the parties that prevents them from fulfilling their contractual obligations

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15
Q

Liquidated Damages

A

A predetermined amount of money agreed upon in a contract that will be paid as compensation for specific breaches

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16
Q

Compliance

A

Adherence to legal, regulatory, and contractual requirements

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17
Q

Stakeholder

A

An individual or group with an interest in the outcome of a project or contract

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18
Q

Quality Assurance

A

Processes and activities designed to ensure that goods or services meet specified requirements

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19
Q

Performance Evaluation

A

The assessment of a supplier or contractor’s performance against predetermined criteria

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20
Q

Contract Closeout

A

The process of completing all tasks and activities necessary to officially close a contract

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21
Q

Accountable Authority

A

Written instructions issued by an accountable authority to provide direction and guidance to officials on finance law and regulations

22
Q

AusTender

A

The central web-based facility for publishing Australian Government procurement information, including business opportunities, annual procurement plans, and awarded contracts

23
Q

Central procurement area

A

The department or team within an entity that is responsible for issuing internal procurement advice and monitoring procurement activity

24
Q

Commonwealth entities

A

Non-corporate and corporate entities subject to the PGPA Act

25
Q

Commonwealth Procurement Rules

A

Rules issued by the Minister for Finance under the PGPA Act, which officials from relevant entities must comply with when performing procurement duties

26
Q

Conflict of interest declaration

A

A form where individuals disclose any real, apparent, or potential conflicts of interest that may arise during their employment

27
Q

Deed of confidentiality

A

A legally binding commitment to keep certain shared information confidential and use it only as intended within a contract

28
Q

Delegate

A

An official with statutory authority, granted through a delegation instrument, to make specific decisions or perform particular functions

29
Q

Dynamic Sourcing for Panels (DS4P)

A

Functionality within the AusTender website that enables government buyers to source goods or services from panels using a standardized approach

30
Q

Key performance indicators (KPIs)

A

Measurable and verifiable metrics that indicate the level of performance by the supplier against the outcomes of the contract

31
Q

Resource Management Guides (RMG)

A

A series of policy documents that detail policies on resource management, forming part of the Government Resource Management Framework

32
Q

Service level agreements (SLAs)

A

Documented levels of service to be provided by the supplier, typically measured in terms of quality, availability, or responsiveness

33
Q

Statement of Tax Record (STR)

A

Required for contracts over $4 million under the Black Economy Procurement Connected Policy, ensuring suppliers hold a valid and satisfactory STR during the contract

34
Q

Value for Money

A

The consideration of relevant financial and non-financial costs and benefits, including quality, fitness for purpose, experience, flexibility, environmental sustainability, and whole-of-life costs when evaluating submissions

35
Q

Contract

A

A legally enforceable agreement between two or more parties that outlines their rights and obligations in performance of that contract. It requires an offer, acceptance, and consideration.

Parties must intend to be legally bound, the contract terms must be certain, and each party must have the capacity to enter into the contract.

36
Q

Contract Management

A

Contract management involves activities undertaken after a contract has been signed or commenced. Its purpose is to manage contract performance and achieve agreed outcomes. It ensures all parties fulfil their obligations to deliver contract objectives.

Focus areas include timely delivery, performance management, continuous improvement, system integration, and innovation implementation.

Consistent and active contract management ensures satisfactory supplier performance, informed stakeholders, and adherence to contract requirements, resulting in anticipated value for money.

37
Q

Contract Governance

A

Definition: The establishment of mechanisms, arrangements, systems, processes, decision-making, and reporting to engage stakeholders and oversee the contract.

Example: Setting up a project management committee to review contract progress, make important decisions, and ensure stakeholders are involved in key discussions.

38
Q

Performance Management

A

Definition: The measurement, monitoring, and assessment of performance against agreed-upon measures to identify and address any issues. It involves tracking deliverables and ensuring they meet contract outcomes.

Example: Regularly evaluating a supplier’s performance based on quality, timeliness, and customer satisfaction metrics to ensure they are meeting contractual expectations.

39
Q

Supplier Relationship Management

A

Definition: The implementation of collaborative engagement mechanisms with the contractor to foster a positive and effective working relationship.

Example: Holding regular meetings with the supplier to discuss project updates, address concerns, and identify opportunities for improvement and innovation.

40
Q

Contract Administration

A

Definition: The administrative activities performed to support day-to-day contract operations, meet record-keeping requirements, and maintain transparency through an audit trail.

Example: Documenting all contract-related communications, tracking changes or amendments, and ensuring proper documentation of financial transactions for audit purposes.

41
Q

Accountable Authority

A

Definition: The authority responsible for governing an entity and promoting the proper use of public resources under the PGPA Act.

Example: Issuing instructions to officials and entering into contracts or agreements related to the entity’s affairs.

42
Q

Contract Management

A

Process to ensure parties uphold their obligations in a legally enforceable contract. Example: Monitoring compliance with contract terms and managing legal obligations.

43
Q

Contract Requirements

A

Definition: Additional policy, legislative, and regulatory obligations relevant to a contract.
Example: Ensuring compliance with privacy, work health and safety, confidentiality, tax, security, quality, and records management requirements.

44
Q

Ethical Behavior in APS

A

Definition: APS employees must adhere to high ethical standards outlined in the APS Values, APS Employment Principles, and the APS Code of Conduct.
Example: Following the guidelines to ensure public confidence and avoid legal consequences.

45
Q

Contracted Staff Obligations

A

Definition: Contracted staff managing contracts must comply with Commonwealth laws, policies, declare conflicts of interest, and avoid fraudulent behaviour.
Example: Upholding contract conditions to prevent legal consequences and protect the interests of the entity.

46
Q

Commonwealth Contracting Suite (CCS)

A

Definition: An online suite of smart forms for preparing procurement documentation for Commonwealth contracts under $1 million. Mandatory for NCEs for procurement under $200,000. Encouraged for CCEs. Contracts created through CCS are short, simplified, and easy to understand.

Example: CCS makes contract management easier with plain English terms and simplified obligations.

47
Q

Entity’s Standard Form Contract

A

Definition: Contract template used by larger entities when the CCS is not applicable. Reflects the entity’s procurement approach and requires regular updates. Contextual advice available within the entity.

Example: Standardized contract template tailored to the entity’s needs, ensuring consistency in procurement and compliance with legislation and policy.

48
Q

Digital Sourcing Model Contract

A

Definition: Template suite provided by the DTA for sourcing ICT products and services not covered by a whole-of-government arrangement.

Example: Designed to streamline the procurement process, these templates are available on the DTA website. Contact the DTA for contextual contract management advice.

49
Q

Bespoke Purpose Designed Contract

A

Definition: Customized contract developed to address unique requirements, risks, or specialized needs of an entity. Involves input from legal, procurement, and technical specialists. Often requires assistance from specialist advisers for contract management.

Example: Tailored contract created for high-risk or specialized projects that cannot be covered by standard templates.

50
Q

Standing Offer Arrangements (Panels)

A

Definition: Pre-agreed contracts with suppliers for frequently sourced goods or services. Offers efficiencies and eliminates constant tendering. Managed by panel managers.

Example: Entity issues official orders to suppliers from the standing offer arrangement. Value for money must be considered for each purchase.

51
Q

Coordinated Procurement Arrangements (Whole of Government)

A

Definition: Collective procurement arrangements to leverage the Australian Government’s purchasing power and improve consistency and savings. Established by lead entities like the Department of Finance. Varying contract management processes. Mandatory for non-corporate entities, opt-in for corporate entities.

Example: Government-wide contracts or standing offers for efficient procurement across entities. Department of Finance website provides a list of these arrangements.

52
Q

Cooperative Procurement Arrangements

A

Definition: Joint procurement by multiple entities with similar requirements. Can be achieved through a joint approach or piggybacking on an existing contract. Maximizes resource utilization, reduces administrative processes, and improves prices and service arrangements. Alignment of requirements is essential for value for money.

Example: Multiple entities collaborate to procure goods/services jointly, reducing administrative burden and costs for each entity. Careful alignment of requirements ensures value for money.