• Section 1 - Preamble
• Section 2 -  Purpose
• Section 3 - Scope
• Section 4 -  Policy
• Procurement Principles
• Procurement methods
• Standing exemptions
• Contract extension request
• Procurement documentation and templates
• Section 5 - Non-Compliance

Section 1 - Preamble

(1) The University (‘CDU, ‘The University’) has a responsibility to ensure that all procurement activities are conducted with integrity in a competitive, transparent, and consistent manner.

Section 2 -  Purpose

(2) This policy outlines the key principles that will guide and govern procurement activities undertaken at CDU and defines the approved methods and processes for procurement.

Section 3 - Scope

(3)  This policy applies to the procurement of goods and services for or on behalf of CDU, regardless of the source of funding.

(4) It applies to all CDU employees (including adjunct, temporary and casual employees), contractors and consultants involved in procurement activities or purchasing for or on behalf of CDU.

(5) All procurement activities must be undertaken in accordance with the University Procurement Procedure, Delegations Policy, and the Contract Management Policy and Procedure.

Section 4 -  Policy

Procurement Principles

(6) There are four Procurement Principles that must be applied to every procurement activity, regardless of value and risk.

Value for money

(7) Procurement of goods and services must deliver value for the University. When determining value for money, consideration is to be given to:

1. fitness for purpose;
2. quality of goods and services; 
3. reliability of supplier in relation to supply, installation, warranties, service and support;
4. delivery lead times;
5. whole-of-life costs; and
6. effective management of risks, sustainability and Modern Slavery laws.

Ethical behaviour, fair dealing and transparency

(8) All procurement activities must be conducted in an honest, fair and transparent manner that is open to public scrutiny and in accordance with the Code of Conduct - Employees.

(9) Procurement decisions must be transparent, based on relevant and reliable information, and reflect sound judgement.

(10) As procurement practices are open to internal and external scrutiny, accurate and detailed records must be maintained to document the procurement process undertaken and justify the outcome.

(11) Consultation with relevant internal stakeholders must be undertaken to identify any potential impacts the planned procurement activity may have on their business operations.

(12) Where an employee has accepted a gift or benefit, including hospitality, from a prospective or current commercial vendor, supplier, contractor, University partner or service provider, they must recuse themselves from any procurement processes, or new or renewal contract negotiations/panels that involve the giver. This recusal must last for 12 months following the acceptance of that gift, benefit, or hospitality. 

(13) Any actual, potential or perceived conflict of interest related to a procurement activity must be declared and managed in accordance with the Conflicts of Interest Policy and Conflicts of Interest Procedure. 

Open and effective competition

(14) Procurement activities should encourage and promote competition between potential suppliers to foster innovative business solutions that drive best value and benefits for the University, Northern Territory and local communities.

(15) Information and documentation prepared for distribution to potential suppliers must be consistent allowing equal opportunity regarding the procurement activity. 

Responsible Purchasing

(16) The University is committed to supporting First Nations owned businesses and service providers. Procurement activities should be planned to stimulate the participation and support the growth and development of First Nations businesses. 

(17) Employees responsible for procurement activities are strongly encouraged to use Supply Nation, Office of the Registrar of Indigenous Corporations, or Northern Territory Indigenous Business Network databases to identify First Nations businesses who have the capacity, capability or experience to provide the goods and/or services required by the University.

(18) The University is committed to supporting small and medium businesses, regional business, disability employment organisations and social enterprises in its procurement activities.

(19) All procurement activities must reflect sustainable procurement principles such as:

1. not engaging with suppliers who have supply chains that utilise modern slavery. All employees involved in the procurement of goods and services are required to undertake due diligence when engaging with contractors, suppliers, collaborators, business partners and others with whom CDU engage to minimise the risk of modern slavery in the supply chain;
2. giving priority to the procurement and use of goods and services that have a lower environmental impact over the product life cycle; and
3. on-campus food vendors and catering suppliers who use only sustainably farmed produce.

Compliance

(20) Procurement activities relating to Digital Technology Solutions (DTS) or with DTS elements must be reviewed by the Chief Information and Digital Officer or delegate to ensure the University’s technology standards, compliance and security requirements continue to be met.

(21) All procurement activities must comply with the provision of the following statutes and regulations where they are applicable:

1. Australia’s Foreign Relations (State and Territory Arrangements) Act 2020;
2. Modern Slavery Act 2018 (Cth);
3. Independent Commission Against Corruption Act 2017; and
4. Defence Trade Controls Act 2012 (Cth).

Procurement methods

(22) Goods and services must only be purchased using one of the following approved Procurement Methods:

Category procurement

(23) Category Procurement is a strategic procurement approach which enables the University to bundle a range of goods and services into groups, leveraging best value outcomes through negotiation.

(24) Where a procurement category exists, that supplier must be used to procure those goods and/or services.  

(25) Obtaining additional quotes is not required when sourcing goods and/or services from the Procurement Category Register.

Thresholds procurement

(26) Where goods and services cannot be sourced via the Procurement Category Register, the following threshold procurement requirements will apply:

(27) Procurement activities must not be divided or split into separate parts to avoid a procurement threshold.

Alternative procurement method

(28) Where goods and services cannot be procured by one of the above approved methods, an Alternative Procurement Method must be prepared providing justification and evidence in respect to:

1. why the goods or services cannot be sourced from a preferred supplier;
2. why the thresholds procurement requirements were unable to be adhered to;
3. the unique and specialised nature of the requirement means the goods or services is only available from a single supplier;
4. risks to the University in time and costs in adhering to policy and procedures; and
5. emergency or urgent need concerning health, security or safety.

(29) Alternative Procurement Method requests must be endorsed by a Senior Executive Team (SET) member and approved by the Procurement Steering Group.

Standing exemptions

(30) Exemptions may be used to provide flexibility for sourcing of goods and/or services where it may not be practical or possible to seek quotations or test the market. The following items are exempt: 

1. The purchase is from Government or a Statutory body.
2. A supplier specified by the grantor under a Funding Agreement (e.g. National Health and Medical Research Centre) or a supplier listed as a collaborative research partner in a grant funding application (the grant application must accompany the requisition).
3. The purchase or lease of real property.
4. Library subscriptions, conferences, membership to Professional organisations/associations and National Peak Bodies.
5. Works of Art, exhibitions, performances acquired or commissioned by the University or the CDU Art Gallery. These acquisitions are made in accordance with the Art Collection Policy and Art Collection Procedure.
6. Placement fees.
7. Emergency events.
8. Sponsorships and donations managed by Marketing, Media and Communications.
9. Renewal of ongoing software maintenance and licensing agreements – up to seven years. Any other contract renewal requires a contract extension request.
10. Purchase of livestock through a registered livestock agent (including auctions).
11. Agent commissions for student recruitment.
12. Procurement from Higher Education Sector, Australian University Procurement Network, Universities Australia and other similar Australian University groups.
13. Procurement from a CDU controlled entity (i.e. Menzies School of Health Research).
14. Purchase of goods and/or services valued up to $50,000 from an Indigenous business recognised or certified by Supply Nation, Office of the Registrar of Indigenous Corporations or Northern Territory Indigenous Business Network. 

Contract extension request

(31) A contract extension can be requested for a supply contract where the initial contract term and the extension request term is less than seven years in total (for example, if the initial term is five years, the contract can be requested to be extended for another two years). A supply contract cannot be extended beyond seven years without undertaking a new open and competitive market approach.

(32) Where a contract is being extended within the tendered scope (i.e. the initial term of five years with renewal options of up to an extra two years) the contract may be extended without approval by the Procurement Steering Group.

(33) A contract extension request must detail how the supplier was initially engaged, their performance during the contract term, any risks associated with the extension activity and how the identified risks will be managed.

(34) Contract extension requests must be endorsed by a Senior Executive Team (SET) member and approved by the Procurement Steering Group.

(35) Following approval, the resulting contract must be reviewed by CDU Legal in accordance with the Contract Management Policy and Procedure.

Procurement documentation and templates

(36) All procurement activities must be undertaken using the University’s standard suite of procurement documents and templates. 

Section 5 - Non-Compliance

(37) Non-compliance with Governance Documents is considered a breach of the Code of Conduct - Employees or the Code of Conduct – Students, as applicable, and is treated seriously by the University. Reports of concerns about non-compliance will be managed in accordance with the applicable disciplinary procedures outlined in the Charles Darwin University and Union Enterprise Agreement 2022 and the Code of Conduct – Students.

(38) Complaints may be raised in accordance with the Complaints and Grievance Policy and Procedure - Employees and the Complaints Policy - Students.

(39) All employees have an individual responsibility to raise any suspicion, allegation or report of fraud or corruption in accordance with the Fraud and Corruption Control Policy and Whistleblower Reporting (Improper Conduct) Procedure.