Tender Notices (Direction and Instruction 3.4)

Direction 3.4 and Instruction 3.4 explain the requirement to provide potential tender participants with appropriate notice of the public construction tender process and how that should be done.

Tender Notices (Direction 3.4)

Effective date:  1 July 2018

Principles

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.

3.4 Tender Notices

To promote competition and contestability, and to ensure open and fair competition, when advertising a tender to perform Works or Construction Services, Agencies must provide potential tender participants with appropriate notice of the tender process, including issuing a Tender Notice in accordance with the Instructions.

Tender Notices (Instruction 3.4)

Effective date:  2 August 2019

Objective: To outline the requirements for providing tender notice to promote awareness in the market of available government procurement opportunities

3.4.1 Tender Notice of commencing procurement

Tender Notices must give all potential participants in the tender process effective notice that it has begun, being:

(a) for an open tender, all potential tender participants, and

(b) for a Selective Tender or a Limited Tender, each potential tender participant invited to participate in the tender process.

3.4.2 Tender Notices – format and content

For open tenders, in addition to any other means of publication, Tender Notices must be published on the website or system nominated by the Secretary using the applicable form. If Tender Documentation is not included in the Tender Notice, then the Tender Notice must provide details about how to obtain access to the Tender Documentation.

For Selective Tenders and Limited Tenders, in addition to any other means of communication, a Tender Notice must be sent to each potential tender participant invited to participate in the tender process from the website or system nominated by the Secretary where the expected value of the Selective Tender or Limited Tender is greater than:
(a) for Works – the upper limit stated in Instruction 3.2.1(a)(ii)(1); or
(b) for Construction Services - the upper limit stated in Instruction 3.2.1(a)(ii)(2).

Revision Date Reference Details Endorsed by
   1/7/2018   First release  
1  2/8/2019 3.4.2

Insert new paragraph describing tender notice requirements for Selective Tenders and Limited Tenders. Notices for Selective Tenders and Limited Tenders with a value greater than the upper limit stated in Instruction 3.2.1(a)(ii)(1) or (2) need to be published on the website or system nominated by the Secretary.

DTF

Tools and support

The Victorian Government tender system Tenders VIC is the nominated system for the publication of Tender Notices.

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.

Reviewed 09/08/2019
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