Procurement Review Committee

Terms of Reference

• 1   Introduction

  The Treasury Board Secretariat Management Accountability Framework includes the oversight of procurement and contracting functions as a key component to a balanced approach to effective, efficient and economical procurement.

  The Procurement Review Committee (PRC) at ESDC is an on-going procurement oversight activity that is managed by the Asset Management, Policy and Procurement (AMPP) section within the Chief Financial Officer Branch. The objective of the PRC function is to ensure that ESDCs procurement and contracting activities are carried out in accordance with the applicable legislation, policy and procedures and considering national and departmental priorities.

  The PRC provides oversight to procurement activities that have a higher risk potential for the organization, conducting reviews at the pre-contract stage of the procurement cycle. The challenge role provided by the PRC upholds the values of prudence, probity and sound contract management.

• 2   Mandate of the Procurement Review Committee

  The PRC is mandated to assist ESDC in exercising responsibility and accountability of the procurement function as well as playing a challenge function.

  Section 11.1.1 of the TBS Contracting Policy states: "Contracting authorities are encouraged to establish and maintain a formal challenge mechanism for all contractual proposals, including those within departmental authority..."

• 3   Responsibilities

  The PRC is responsible for:

  • reviewing all ESDC procurements within the parameters defined in Section 6;
  • providing strategic organizational approvals of the procurements within its scope;
  • maintaining Records of Decisions;
  • providing guidance/support to the ESDC procurement function;
  • recommending, where appropriate, the elevation of procurement issues to the Director General, Investment, Procurement and Project Management (IPPM).
• 4   Membership

  The membership will include the following:

  Chair:

  Executive Director: Asset Management, Policy and Procurement (AMPP)

  Core Members:

  • Senior Manager: Procurement Operations
  • Senior Manager: Procurement, Asset and Intellectual Property Policy
  • Senior Manager: Reporting, Audit and Compliance
  • Senior Manager: Procurement Planning and Advisory Services

  As Required:

  Director` from relevant program areas or his/her delegated representative, as required

  Subject Matter Experts (e.g. security, privacy, etc)

  Advisors & Guests:

  PRC will be supported by "Advisors" who represent a pool of expertise that the PRC will access on a meeting specific basis to address particular agenda items. In addition, other guests (i.e., procurement officers, technical specialists) may be asked to participate in PRC meetings, as knowledgeable resources, on an as required basis.

  Note: In order for a PRC decision to be official at least two electronic signatures of the Chair and/or Core Members are required on the Record of Decision (ROD).

• 5   PRC Operations

  5.1

  The PRC will be administered by the Executive Director, Asset Management, Policy and Procurement (AMPP), who will act as the Secretariat. Responsibilities of the Secretariat include: the establishment and maintenance of PRC procedures, receiving submissions, setting agendas, preparation and sharing of records of decisions, and tracking of all submissions to the PRC.

  5.2

  The PRC shall meet on a weekly basis as part of the Procurement Management Meeting or the Procurement Extended Management Meeting.

  5.3

  All procurements that fall within the parameters as detailed in section 6.0 must be submitted to the PRC for review and approval.

  5.3.1

  Submissions must be made prior to solicitation or, in the case of a sole source procurement, as early as possible in the process but as a minimum, prior to contract award.

  5.3.2

  Procurement Officers must submit the PRC Submission Form electronically to their Manager. The form must contain sufficient detail to allow the PRC to make informed decisions.

  5.3.3

  At the request of the PRC, the Procurement Officer may appear before the Committee to provide information and clarification as required on their submission.

  5.4

  All PRC recommendations and decisions will be recorded by the Secretariat and summarized in a Record of Decisions (RoD) document. The RoD will be provided to the PRC where it will be reviewed for accuracy and approved.

  5.5

  PRC decisions will normally be reached by consensus of the Members. Where consensus cannot be achieved, the Executive Director, Asset Management, Policy and Procurement will act as the final authority.

• 6   Review Parameters

  In accordance with 5.3, the PRC will review procurements that fall within the following parameters:

  6.1

  Goods and Services competitive requirements > $1M;

  6.2

  Procurements that involve a high degree of risk or exposure (examples below) as identified by AMPP Management;

  • Appearance of contract splitting
  • Appearance of conflict of interest
  • Negative impact to reputation
  • Attract media Attention

  6.3

  All requirements that have been identified as National Security Exceptions (NSE) with a value over trade agreements threshold;

  6.4

  Sole source >$25K for goods;

  6.5

  Sole source >$40K for services (including ACANs);

  6.6

  Requirements where CLCAs apply to the acquisition;

  6.7

  All requirements involving Former Public Servants in receipt of a pension pursuant to the Public Service Superannuation Act (PSSA);

  6.8

  Confirming Orders as identified by AMPP Management;

  6.9

  Procurements with the potential for socio-economic impact as identified by AMPP Management.

  This list may be amended at the sole discretion of the Executive Director, Asset Management, Policy and Procurement (AMPP),

• 7   Revising the Terms of Reference

  These Terms of Reference may be revised subject to the approval of the Director General, Investment, Procurement and Project Management.