Tender Documentation (Direction 3.6)
Effective date: 1 July 2018
Value for money, scalability and probity are procurement principles that are specifically relevant to tender preparation and processes.
Of particular relevance to this Direction are the following construction procurement principles:
- appropriately planning and managing Public Construction Procurement to deliver procurement objectives;
- employing the appropriate Procurement Models and processes taking account of the complexity and value of the project and supplier market capability;
- reducing unnecessary burden of Public Construction Procurement for all parties;
- encouraging appropriate innovation and responsiveness in the supplier market;
- ensuring appropriate competition and contestability when undertaking Public Construction Procurement;
- conducting Public Construction Procurement processes in an efficient and timely manner;
- treating all tender participants fairly and equally; and
- undertaking Public Construction Procurement in accordance with the relevant legislation, policy, guidance and any mandatory requirements in these Directions.
3.6 Tender Documentation
(a) Agencies must ensure that Tender Documentation is appropriate for the tender process and Procurement Model. To the extent practicable, Agencies should use Tender Documentation and processes that are standard in the industry and promote consistency of tender processes when engaging suppliers to perform comparable Works or Construction Services.
(b) Tender Documentation released to the market must be drafted to promote open and fair competition by providing all potential participants in the tender process with access to the same information about the tender process and the Works or Construction Services the Agency is seeking.
(c) Agencies must ensure that Tender Documentation is clearly drafted and provides participants (and potential participants) with the information they need to understand the requirements of the relevant stage of the tender process, including the matters set out in Instruction 3.6.1(c) and as otherwise required by these Directions.
(d) Before beginning a tender process, Agencies must ensure the Tender Documentation is sufficiently resolved to minimise the need for addenda or changes during the tender process.
Tender Documentation (Instruction 3.6)
Effective date: 1 July 2018
Objective: To outline the requirements for information to be included in Tender Documentation
3.6.1 Form of tender documents
Agencies must use model Tender Documentation designed for use with a Victorian Public Construction Contract where appropriate.
3.6.2 Terms and conditions to be set out in Tender Documentation
Agencies must include the following information in Tender Documentation, as appropriate for the relevant stage of the tender process:
(a) the Agency's project objectives;
(b) appropriate detail of the Works or Construction Services the Agency is seeking, including the statement of requirements or design specification (as applicable);
(c) the terms and conditions applicable to the tender process, including:
(i) evaluation criteria applicable to the relevant stage of the tender process, with any mandatory criteria identified;
(ii) the tender closing date and time;
(iii) the place and process for lodging tenders;
(iv) how the Agency will handle late tenders;
(v) whether or not the tender process will include briefings, interviews, negotiations, or provide for a best and final offer process; and
(vi) how the Agency will handle alternative or non-conforming tenders;
(d) details of the documentation and responses that tender participants are expected to submit;
(e) the terms on which the successful supplier will be engaged to perform the Works or Construction Services, including, at the relevant stage of the tender process, the form of contract; and
(f) information about relevant government policies that apply to the procurement for example, the Victorian Industry Participation Policy.
3.6.3 Avoid issuing late and multiple addenda
Agencies should avoid making changes to the Tender Documentation during the tender process. In cases where changes are unavoidable, Agencies should ensure that:
(a) tender participants have a reasonable time frame to consider the changes and make any necessary adjustments to their submissions; and
(b) any adjustment is consistent with the probity principle set out in Guiding principles (Direction 1.2) and the probity requirements set out in Probity requirements (Direction 4.1), particularly Direction 4.1(b).
Where changes arise close to the tender closing time, it may be appropriate to extend the closing time to ensure tender participants have time to adjust their responses.
Tools resources and assistance
Tender Documentation (Direction and Instruction 3.6) are supported by non-mandatory guidance Tender Documentation (Guidance 3.6).
The Practitioners Toolkit includes key documents, guidance and information relating to the Ministerial Directions and Instructions.
For further information about the Ministerial Directions and Instruction for public construction procurement, please contact the Construction Policy Team.