Procurement policy for Aalborg University

Content

PURPOSE

The overall purpose of AAU’s procurement policy is to establish a framework which ensures that the University as a whole may purchase products and services of the required standard at the most economically advantageous terms. All AAU’s procurement activities must comply with all legislation, executive orders, directives etc. in force. Furthermore, all purchases must be made in accordance with business principles and management decisions – and while taking into account service, quality, security of supply, price, environmental considerations, working environment considerations, social responsibility and other ethical considerations.

SCOPE

This policy comprises all purchases of products and services made by Aalborg University, and thus applies to all University employees. Exempt from this policy are out-of-pocket expenses made during work-related trips subject to the code of practice: ”Rules for the use of company credit cards in connection with business travels and minor business expenses”.

LEGAL BASIS

The EU Procurement Directive 2004 and the Danish Public Tenders Act section II have been replaced by the Danish Public Procurement Act.

The most significant changes in the procurement act apply to procurements of a value of up to DKK 1.595.391 (2020) Tendering requirements for procurements worth between DKK 500.000 and DKK 1.595.391 were partially repealed. Moreover, a number of procurements now fall under the new Light Regime which governs procurement areas for which the EU has set a higher threshold value. The Public Procurement Act stipulates that:

• If a procurement represents a value of up to DKK 1.595.391, either as a single procurement or several procurements over a 4-year period, it is decisive whether the procurement is of transnational interest.
• If a procurement falls under the Light Regime and represents a value of up to DKK 5.591.325 (2020) either as a single procurement or several procurements over a 4-year period, it is decisive whether the procurement is of transnational interest.

If the procurement is clearly of transnational interest, it must be advertised in www.udbud.dk, and the Procurement Unit must be
involved.

• For procurements of a value of above DKK 1.591.391, either as a single procurement or several procurements over a 4-year period, the new Public Procurement Act stipulates that the procurement must be put out to EU tender.
• For procurements which fall under the Light Regime and represent a value of up to DKK 5,591.325  either as a single procurement or several procurements over a 4-year period, the new Public Procurement Act stipulates that the procurement must be put out to tender according to the Light Regime.

Invitations for Tenders must be published on ted.europa.eu, in which case the Procurement Unit must be involved.

AT AALBORG UNIVERSITY, WE HAVE DECIDED TO IMPLEMENT THE ACT AS FOLLOWS. THIS IS WHAT TO DO:

• If AAU enters into a procurement agreement in a given area, this agreement must be adhered to, irrespective of the value of the procurement. 
• If the procurement value is DKK 25,000 or less, either as a single procurement or several procurements over a 4-year period, the procurement must be governed by common sense and business acumen. No special requirements apply to documentation of such procurements. 
• If the procurement value is more than DKK 25,000 but less than DKK 100,000, either as a single procurement or several procurements over a 4-year period, rules applying to market coverage stipulate that tenders must be invited from a minimum of two and a maximum of three mutually independent suppliers; it must be documented that the most profitable offer was accepted when the agreement was made. View the Danish information guide for procurements over DKK 25,000 and under DKK 100,000.
• For procurements for projects under Horizon Europe of a value of less than DKK 100,000, either as a single procurement or several procurements over a 4-year period, rules applying to market coverage stipulate that tenders must be invited from a minimum of two and a maximum of three mutually independent suppliers; it must be documented that the most profitable offer was accepted when the agreement was made. 
• If the procurement has a value of more than DKK 100,000, either as a single procurement or several procurements over a 4-year period, you must contact the Procurement Unit.

All procurement agreements entered into by AAU must be signed in accordance with AAU’s accounting instructions.

SPECIAL RULES FOR AAU EMPLOYEES

AAU employees identical to or closely related to a tenderer/supplier may not invite tenders from this supplier, assess tenders or control products or work related to this tenderer/supplier.

Businesses owned or co-owned by employees ore students at AAU may not supply products or services to the University, unless:

• It is a Limited company listed on the Stock Exchanges 
• Or if special authorization has been granted by the University Director.

Under section 144 of the Criminal Law, employees in the public sector must not accept presents, subsidies or similar benefits from suppliers. We refer to the guidelines in the AAU handbook "Gifts and other benefits". University staff must not use contracts made by the University for their own private benefit.

ENVIRONMENT

AAU supports all initiatives taken to improve the environment. An effort is therefore made to purchase eco-labelled and recyclable products.

ROLES AND RESPONSIBILITY

The agents in the procurement process are:

• The Procurement Unit
• The procurement category manager
• The requisitioner
• The approvers

THE PROCUREMENT UNIT

The Procurement Unit is organised under the Finance and Accounts Department and refers to the director of finances.

They are responsible for:

• making it as easy as possible for AAU staff to purchase products and services that meet the requirements of AAU’s procurement policy
• undertaking EU tender procedures and announcements
• involving the relevant procurement category managers as regards selection of agreements, including municipal and state procurement agreements
• conclusion of procurement contracts valued below the EU tender thresholds
• general consulting service on purchasing, including purchasing exempted from public procurement directives
• updating basic data on suppliers/creditors in cooperation with the Finance and Accounts Department
• reporting on procurement activities to the management and relevant units
• annual as well as continuous maintenance of the planning of tenders as well as participation in and implementation of tenders and other similar enquiries to suppliers
• ensuring efficient and user friendly procurement processes always complying with the rules in force, including continuous development of the process.
• implementing new procurement agreements
• providing user friendly information regarding the University’s procurement agreements for the buyers
• maintaining the procurement unit’s webpage
• maintaining a list of procurement agreements organised in product types familiar to the procurement unit
• evaluating procurement agreements made.

Other tasks include:

• functioning as procurement category managers for certain procurement categories

PROCUREMENT CATEGORY MANAGERS

A procurement category manager is an AAU employee with specific competences/knowledge about a procurement category. The procurement category manager will often have a background in the academic environments, but may also located in the central administration.

The procurement category manager is appointed by the heads of departments and administrative managers at the initiative of the Procurement Unit.
Procurement category managers are responsible for:

• ensuring that all agreements comply with AAU’s guidelines for procurement agreements 
• keeping up-to-date on agents and trends within the market of their category, including sharing knowledge with the Procurement Unit 
• involving the users.

Other tasks include:

• assisting in assessing submitted tender offers
• assisting in implementing contracts awarded 
• assisting in defining the product range, amount, quality, dates of delivery etc. included in new procurement contracts 
• assisting in complying with the procurement policy 
• assisting in the continuous development of the procurement process 
• assisting in ensuring that all suppliers fulfil their obligations.

REQUISITIONERS

A requisitioner is appointed in writing by a manager of a unit that is financially responsible.The scope of authority must be well-defined and stated in the appointment letter, for instance amount, product category, project etc.

Requisitioners are responsible for:

• placing orders within the scope of valid agreements and AAU’s terms of business
• informing the Procurement Unit in the event of suppliers’ non-fulfilment of obligations
• reception control
• managing complaints, including returning products.

APPROVERS

Approvers are responsible for:

• approving invoices

PROCUREMENT PROCESS