NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process Chapter 3 PLANNING THE TENDER PROCESS OBJECTIVES ....................................................................................................................................1 PRINCIPLES ....................................................................................................................................1 PROCESS........................................................................................................................................2 Tender Process Planning Management .............................................................................................2 Risk Management ........................................................................................................................2 Procurement Strategy ...................................................................................................................3 Tender Process Options ................................................................................................................3 Avoid Further Tender Process ................................................................................................ 3 Tender Processes Generally ................................................................................................... 4 Tendering Methods ............................................................................................................... 4 Open tendering .................................................................................................................... 5 Multi-stage tendering ........................................................................................................... 6 Panel of service providers ..................................................................................................... 6 Selective tendering ............................................................................................................... 6 Pre-registered tendering ....................................................................................................... 8 Service provider for a single contract ...................................................................................... 8 Request for Proposals ........................................................................................................... 8 Best and Final Offers ............................................................................................................ 8 LIMITED TENDERING .........................................................................................................................9 Invited tendering ...................................................................................................................9 Invited tendering includes: .............................................................................................................9 Quotations ........................................................................................................................... 9 Single invited tenders ........................................................................................................... 9 Direct Negotiation ...............................................................................................................11 ‘Two Envelope’ Tenders........................................................................................................11 Contract Forms......................................................................................................................... 12 Tender Evaluation Plan .............................................................................................................. 12 Tender Program ........................................................................................................................ 13 Documentation ......................................................................................................................... 13 REFERENCES AND GUIDANCE DOCUMENTS ........................................................................................... 14 APPENDICES ................................................................................................................................. 14 ACRONYMS .................................................................................................................................. 14 Objectives This Chapter will provide officers with a framework of planning principles and methods that will assist in planning a tender process. Principles When planning the tender process officers should: allow for performance monitoring and plan to ensure the tender process and procurement objectives are met, including value for money; ensure that the planning effort is consistent with the significance of the process and the assessed risk; ensure that there is appropriate consultation with clients, other stakeholders and others impacted by the procurement process at an early stage; and ensure that the planned tender process covers probity and is fair and consistent with The NSW Government Code of Practice for Procurement. __________________________________________________________________________________ PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process Chapter 3 – Planning Process Tender Process Planning Management Tender process planning should cover the Procurement Strategy, preparing the Request for Tender (RFT) documents, issuing the RFT documents, the tender period, tender evaluation and awarding a contract. The tender process is a mini-project, with its own scope, budget, time and quality targets and attributes. It is important that client and other stakeholder timing needs are identified, and sufficient time is allowed for the overall tender process required. The main planning management steps are: identify client representatives to be involved with the tender process; clearly define all necessary responsibilities and delegations for the tender process; determine the Procurement Strategy; prepare a program to identify the timing of all the tasks, including user approvals and review points; assign enough personnel with appropriate skills and expertise for the identified tasks; identify a cost plan and an approved source of funds; set up planning, monitoring, reporting and management controls; take appropriate measures to ensure process probity and fairness (using standard conditions of tendering, codes of conduct, declarations of conflict of interest, and the like); and Completed the conditions of tendering and Tender Evaluation Plan (TEP) allowing for the above. In undertaking a tender process, ensure that early in the process: the procurement product(s)/service(s) required have been clearly defined, and all approvals have been obtained for what is proposed; and that all Treasury requirements have been met, e.g. Business Case, Gateway the source and availability of funds for the procurement have been identified and confirmed by the appropriate authority. Risk Management Risk management is required for, and will improve, tender processes. The identification, assessment and planning for risks, such as potential problems, threats and weaknesses, are integral parts of the planning required. Managing risk assists with making better decisions. By identifying potential problems during the planning stage, decision-makers can take steps to minimise the impact of these problems. The effort expended in managing tender process risks should be consistent with the estimated procurement cost, and complexity, significance and nature of the process. ____________________________________________________________________________________________ PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process Guidance on risk management in a tender process is can be found in Appendix 3A. More detailed coverage of risk management can be found in the Total Asset Management Guideline, Asset Strategic Planning, (TAM 06-01). Procurement Strategy Determining the Procurement Strategy is an important early step in procurement and planning a tender process. The Procurement Strategy will help define the type of tender processes to be followed, as well as defining the contract system to be used as the basis of each RFT involved. The tender process program for each RFT proposed may be defined initially in the Procurement Strategy. There are many factors that need to be considered when deciding the most appropriate Procurement Strategy. These include: estimated cost of the procurement; complexity of the procurement; client requirements; how well defined the procurement requirements and solutions are; project constraints and characteristics (such as financial, physical, geographical, time, function and design); associated levels of risk; timing required; the need for an innovative approach; availability of a suitable procurement solution through existing contracts; the suitability of the various delivery and contract systems, and standard contract forms; the number of potential tenderers and solutions likely; the cost of tendering, for both the client and potential tenderers; the knowledge, skill and availability of staff to carry out the procurement process; and special security considerations. Successful procurement requires those involved to have a knowledge of the related industries and their activities. Those involved should understand the structure of the markets in which they procure, including the pricing mechanisms and market forces, and should keep abreast of price and availability movements. A good market understanding helps develop the best possible Procurement Strategy. Market knowledge helps identify risk areas and specific features to include in the RFT documents. Tender Process Options Avoid Further Tender Process Using options that minimize the number and extent of tender processes involved should be considered when formulating the most appropriate Procurement Strategy. Options that will help with such solutions include: meeting the need through existing resources or through demand management using an existing contract accessible to the client, including through the ____________________________________________________________________________________________ PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process Chapter 3 – Planning NSW Procurement Board, covering the same work, product or service, which is appropriate for the procurement; using an existing prequalification scheme to manage tenderer selection covering the work, product or service by other tender processes currently planned; using an in-house capability; and engaging a NSW Government agency provider of the product or service. Tender Processes Generally A RFT is the usual mechanism used for seeking tenders from potential tenderers. The RFT documents issued as part of that process inform potential tenderers of: the purpose and nature of the procurement proposed; the terms and conditions of the proposed tender process and any contract; the information required for evaluating a tender; and the process and criteria (and generally the split between price and non-price factors, for example 70% price, 30% non price) to be used in evaluating tenders. Do not state individual weightings for non price factors in the RFT document. This information needs to be provided regardless of the size and complexity of the procurement or the tender process to be used, including modest and substantial tender processes. This information provides a basis for submitting tenders, deciding which tender to accept, and proceeding with the subsequent procurement action. No other criteria apart from that published in the RFT document and mirrored in the tender evaluation plan can be considered in the evaluation process. Selecting the most appropriate tendering method requires consideration of the: advantages and disadvantages of each approach in the context of the proposed procurement; availability of pre-qualified tenderers; capabilities of the market place; and approach adopted for managing risk and ensuring best value for money, process probity, fair dealing and effective competition. Some of the more common tendering methods are identified below. Modified forms or combinations of these methods may be used to meet particular circumstances. Tendering Methods There are a number of tendering methods available for use in a tendering process. These are described in a wide variety of ways depending on the industry. The NSW Government’s Tendering Guidelines identify three generic main categories, that is ‘open tendering', ‘multi-stage tendering’ and ‘limited tendering’. The stages in these main categories are shown in Figure 1 (below) and are described below. ____________________________________________________________________________________________ PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process Chapter 3 – Planning Figure 1. Tendering categories Open tendering Multi-stage tendering Limited Tendering No prequalification panels exist for service sought. For a panel of pre-qualified service providers for future tendering opportunities in a work program. For a service provider for a single contract. Request for proposal for a single contract. A prequalification panel exists, single tenderer known through appropriate process. 1. Public advertisement for tenders. 1. Public advertisement for applications to join list. 1. Public advertisement for Expressions of Interest (1) related to opportunity advertised. 1. Public advertisement for preliminary proposals. 1. Known service provider/s invited to tender. 2. Evaluation of tenders received. 2. List established against criteria and maintained for future tendering opportunities. 2. Short list of service providers best meeting criteria for EOI. 2. Short list of service providers with best proposals established. 2. Evaluation of tenders received. 3. Tenderer panels established from list by documented method. 3. Short listed service providers invited to tender for a contract. 3. Short listed service providers invited to tender for a single contract or obtain best and final offers. 4. Evaluation of tenders received. 5. Preferred tender accepted and contract between the parties formed. Figure Notes (1) Expressions of Interest are used to reduce the demand on business for production of expensive detailed tenders. They should be restricted to requesting information to assess capability for the proposed contract. Open tendering An open tendering process is an invitation to tender by public advertisement, usually electronically, with no restriction placed on who may submit a tender. Tenderers must however demonstrate in their tenders that they satisfy the evaluation criteria which may include the necessary skills, resources, experience and capacity to comply with the contract requirements and require that each tender meets the specific RFT requirements. Seeking open tenders is an important way of obtaining best value for money, particularly in the absence of accurate market price knowledge or clear knowledge of all the competent potential tenderers available. It increases competition and gives all potential tenderers the chance to compete for Government business. ____________________________________________________________________________________________ PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process Chapter 3 – Planning Open tendering is generally used where there is a broad competitive market and it is not efficient or cost effective to establish prequalified or pre-registered tenderer lists. Multi-stage tendering Multi-stage tendering may be used to cull a large number of respondents and identify the best service providers in a particular well-supplied market that are interested in providing the products, work or services. It also limits the number of tenderers to those that can demonstrate the requisite capability in the first stage. The first stage in multi-stage tendering is an Expression of Interest (EOI) or Request for Proposals to invite interested service providers to register their interest against the evaluation criteria in the RFT document. The EOI document must state what further processes are expected beyond the first stage of the tender process. A short-list should be compiled of interested service providers with the ability to undertake the particular contract or future work, product supply or services required. These prequalified tenderers would be asked to indicate their availability to tender in the second stage for either a specific contract or for several contracts in an ongoing work program. Multi-stage tendering can be used to: establish a panel of service providers for several contracts in an ongoing work program; establish potential service providers for a single contract; or identify respondents with the best proposals, usually for more complex or unusual procurements. Panel of service providers The panel of service providers may be established for selective or pre-registered tendering. Selective tendering The first stage of selective tendering is to establish a list of prequalified service providers capable of undertaking contracts for a particular program or category of works, products or services. The cost of establishment and maintenance of the list must be justified by the extent of the work program. Tenders would then be sought for a particular contract from a limited number of those prequalified, selected on merit. Prequalified tenderers should not be guaranteed tendering opportunities. Overall management of such a selective tendering system is designed to distribute opportunities over a period of time to those prequalified, which may take into account such factors as: relative past performance as a service provider under similar contracts; all the current planned procurement; special requirements of the work, product or service required; ____________________________________________________________________________________________ PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process Chapter 3 – Planning relative capacity, ability and skill of the service provider to deliver the work, product or service; current contract commitments of the service provider; results in a system for service provider performance measurement and reporting; and location of the work or service relative to service providers’ preferred areas of operation. Potential tenderers are invited to apply for pre-qualification for particular types of work, and lists of those that meet the requirements are established. Selective tenders are then sought for particular RFT from a limited number of those pre-qualified on an applicable list for particular work. They are pre-qualified on the basis of a proven record of satisfactory performance in each category of work for which tenders are sought. Better performing prequalified contractors are offered more opportunities to tender. Performance measures are determined in a process that provides natural justice for the pre-qualified contractors involved. Pre-qualification lists are usually only established where there is a continuing workload in a particular category of work that justifies the cost of setting up and maintaining the list. While pre-qualified contractors are not guaranteed work or tender opportunities, overall management of a selective tender system is designed to distribute opportunities over a period of time to those pre-qualified, taking into account such factors as: Location of the work or service relative to contractors’ areas of operation; Special requirements of the work or service; Relative capacity, capability and skill of the contractor in delivering the work or service; Relative past performance of the contractor in fulfilling similar contracts; Current contract commitments of the contractor; and Whether the contractor has best practice or better accreditation (see below) justifying more tender opportunities. A panel of capable and available tenderers is then specifically established from the lists for each tender process. A system for contractor performance measurement and reporting supports the maintenance and use of the lists and the panel selection process. More information is available on the NSW Procurement web site and Tenders web site regarding the pre-qualification schemes used, including the Performance and Management Services Scheme and the Contractor and Best Practice Accreditation Scheme. NSW Procurement can also be contacted for information regarding the current prequalification schemes and panel selection processes. ____________________________________________________________________________________________ PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process Pre-registered tendering Pre-registered tendering is similar to selective tendering except that all qualified service providers are invited to tender. In establishing the pre-registered shortlist, it should be ensured that the number of tenderers is not excessive and each has a reasonable opportunity for success. Service provider for a single contract In this case tenders are called for a specific contract in a second stage from short listed service providers identified in the EOI stage. Service providers in this case are required to submit tenders to suit evaluation criteria identified for the contract such as price, capacity, expertise and experience. Request for Proposals This method is similar to service providers for single contracts as outlined above except that a more detailed response such as a preliminary proposal or ideas for a business solution are sought in the first stage. Evaluation criteria relating to service provider’s capacity, expertise and experience to deliver the service, product or works are also included. The second stage involves short-listed tenderers being invited to tender for the contract or, where a best solution is sought, negotiation with the preferred service provider on the final requirements and price (when this is allowed for in the RFT documents). Final negotiations should never be precluded and can be part of any tender process. The second stage or any additional stage may include an invitation for Best and Final Offers. Best and Final Offers The Best and Final Offer (BAFO) is essentially a stage in the procurement process that allows tenderers to further develop their proposals based on amended requirements. The requirements can be amended following a review of the initial proposals from the tenderers. Short listed tenderers are asked to revise their proposals in specific areas, which then becomes their best and final offer. A BAFO may be sought if this process was provided for in the RFT documents and the Tender Evaluation Plan as an option and the evaluator/s determine that additional information is necessary in order to make a decision on proceeding to award a contract. In the interest of avoiding unnecessary costs only those tenderers having a potentially successful tender should be given the opportunity to submit best and final offers. Tenderers may elect not to submit a BAFO and instead have their tender stand. PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process ____________________________________________________________________________________________ PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process Limited Tendering Limited tendering includes invited tendering and direct negotiation. Invited tendering Invited tendering is used: in emergency situations; for specialist work; in special circumstances where only one or a limited number of service providers are known to be able to carry out the work, or (iv) for low value, low risk, off-the-shelf procurement. RFT documents are issued to the known available service providers assessed as the most capable of delivering the work, product or service required. This may include those on prequalified tenderer lists and service providers contracted on a standing offer basis such as those maintained by the NSW Procurement Board. Invited tendering includes: Quotations A request for written or oral (confirmed in writing with a purchase order) quotations could be made to a number of potential service providers selected from the market, based on basic RFT documents or other information. This approach is normally used for “off the shelf” type, low value, low-risk procurements and used with simple contract forms or orders such as a purchase order. MINIMUM NUMBER OF TENDERS OR QUOTES RECOMMENDED Value Construction Up to $30,000 $30,000 -50,000 $50,000– 150,000 $150,000-250,000 Over $250,000 1 3 3 3* Open Tenders* Construction Related Consultancy (Where Prequalification Scheme Exists) Other Consultancy Goods and Services (no existing contract) 1 1 3 3 3 1 3 3 Open Tender Open Tender 1 3 3 3 Open Tender *Where a pre-qualification scheme is used, adopt the number specified by the scheme. If not specified a minimum of 3 is recommended. Single invited tenders Under this arrangement only one service provider is requested to tender. Single invited tenders usually apply to low value, low risk procurement. Single invited tenders may also be justified when a previous open RFT has resulted in: no tender being submitted; no tender submitted that conformed to the essential requirements in the RFT documents; or ____________________________________________________________________________________________ PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process no tenderer satisfying the conditions for participation, and where the client does not wish to modify these essential requirements. A single invited tender may be appropriate when the requirement can only be fulfilled by a particular service provider and no reasonable alternative or substitute works, product or services exist. It may apply for any of the following cases: for the protection of patents, copyrights, or other exclusive rights, or proprietary information; an absence of competition for demonstrable technical reasons; for additional deliveries of products or services by the original supplier or authorised representative that are either as replacement parts, minor extensions, or continuing services for existing equipment, minor software upgrades, services, or installations, where a change of service provider would deliver products or services that do not meet interchange ability or interoperability; when an agency procures work, products or services, without making any commitment for future supply, as a prototype intended for limited trial or as a development for research, experiment, study, or original development; in emergencies brought about by events not foreseen by the agency; and for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as with unusual disposals, unsolicited innovative proposals, or liquidation, bankruptcy, or receivership sales - and not for routine purchases from regular service providers. Tenders may be requested orally, including by telephone, where the acceptance of a single tender response is authorised by an officer with appropriate authority. For construction contracts, one tenderer may be invited to submit a tender where the estimated value of the contract is less than $10,000, or $50,000 for construction consultancies where a prequalification scheme is used, and approval to tender has been obtained. The NSW Procurement Board, by the General Purchasing Delegation, sets out quote requirements where there is no contract in place. Where possible in these circumstances, prequalification lists or standing offer contractors should be used to select any tenderer for a single invited tender process. In the event that a single invited tender has been provided orally it is not mandatory to have confirmation in writing provided that the notification of award, referring to contract documents, or a written purchase order is forwarded to the selected contractor, before work commences giving or referring to: a detailed description of the goods, services, or other work to be provided or performed with the price to be paid, and time for completion; an appropriate set of standard conditions of contract, such as the Mini Minor Works or under $30,000 Consultant Agreement forms, completed to suit the work required; the Australian Business Number, name, address and contact person of the contractor; and the name and title of the person submitting the oral tender and the date of the oral quotation or the accepted written tender where this is provided. Where an oral tender is not confirmed in writing, if the contractor commences work after receiving the notification of award, or written purchase order describing the work and price, this will be evidence that the contractor has accepted the contract on the terms described. If the contractor disputes the terms before commencing work, then the Principal has the opportunity to negotiate and settle the agreed contract terms. Obtaining written PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process confirmation of an oral tender could save time by avoiding these circumstances, so where possible the tender should be confirmed in writing. With written tenders the above information, with the written tender, should be referenced in any notification of award or purchase order. If a single invited tender is permissible, to judge whether rates or prices are reasonable and consistent with the market, officers should use market price information. This could include consideration of the prices paid for other comparable work or consultation with expert advisers. Direct Negotiation Direct negotiations, also known as sole sourcing, directly sourced, non-competed contracts, single invited etc, do not undergo a competitive process. Situations arise where direct negotiations will be appropriate but as with any procurement process there are a number of attendant risks. As an example a competitive market price will usually be obtained that is considered fair and reasonable when procurement is undertaken through an open tender process, pre-qualification scheme or panel contract. This may not necessarily be the case with direct negotiations but nevertheless the principles of value for money and probity are paramount. Direct negotiations are not intended to avoid competition or to discriminate against any organisation and must be conducted in a manner consistent with the standards of behaviour and requirements specified in the NSW Code of Practice for Procurement. Generally, such direct negotiations without preceding competitive tendering should be avoided, as there are very few circumstances in which this will achieve the best value for money. Experience indicates that the very nature of such direct negotiations can raise perceptions of improper behaviour, can appear to lack transparency, and can be seen as involving preferential treatment and favouritism. Direct negotiation may be an acceptable mechanism where, following a competitive tender process and the clarification of the tenders, none of the tenders are acceptable. The option to negotiate an acceptable tender must then have been clearly allowed in the RFT documents. It is fundamental to have the prior approval by an officer with the delegated authority to undertake direct negotiation. Detailed written records of negotiations must be maintained. to document and justify all decisions. This is especially the case where procurement by direct negotiation is of a high dollar value, of special importance or significance, politically sensitive and/or involves a number of other risks. ‘Two Envelope’ Tenders The purpose of the "two-envelope" tender method is to eliminate any perceived or actual pre-judgment that may develop for, or against, lower or higher priced tenders before nonprice criteria are evaluated. The "two-envelope" tendering method achieves this by ensuring that tendered prices (and price relativities) are not known to the evaluation team during the evaluation of non-price elements of the tenders. The Department of Services, Technology and Administration usually applies the "twoPWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process envelope" tender method for consultant services engagements related to construction projects, where the estimated fee is greater than $150,000, and for high value, high risk construction projects where non-price evaluation criteria are heavily weighted. Contract Forms As part of the development of the Procurement Strategy, the form of the contract(s) or contract system(s) proposed need to be identified to suit the type of procurement, and method of delivery (or delivery system) selected. Available standard contract forms for construction and related consultancies (with associated standard conditions of tendering) in use by NSW Government agencies and others are available as part of the Procurement System for Construction. Standard templates for goods and services contracts can be supplied upon request to NSW Procurement. Standard conditions of tendering and special conditions of contract generally accompany a general conditions of contract with each form. The selection of the most appropriate contract form for a procurement is covered in Chapter 4 “Preparing the RFT Documents”. Types of contract that are used include: Supply only; Standing Offer for supply/install; Supply and install; Construct only; Design and Construct; Design, Development and Construct; Design, Construct and Maintain; Maintenance; Managing Contractor; Consultant Services; Project Management Services; Other management services; and Hire or lease. Tender Evaluation Plan As part of the tender planning process, and in conjunction with the identification of the Procurement Strategy and RFT documents, a Tender Evaluation Plan needs to be developed. It is essential that the evaluation methodology and criteria be established early so that RFT documents can allow for all the information and data needed for a full and complete evaluation. ____________________________________________________________________________________________ PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process Tender evaluation planning is covered in more detail in Chapter 7 “Tender Evaluation”, particularly including Appendix 7F Tender Evaluation Planning. Tender Program The tender program should identify all tasks up to contract award and give their sequences, dependencies and timing, including all approval and review points. Tender programs must allow enough time for all the necessary steps to occur. In particular, tenderers need enough time to study the RFT documents, consider their options, and prepare their tenders. For construction procurement, the following minimum periods are recommended, where a prequalified panel has already been established. Value $50,000 to $250,000 $250,000 to $500,000 $500,000 to $1,000,000 $1,000,000 to $3,000,000 $3,000,000 to $5,000,000 Over $5,000,000 Time Period 2 weeks 3 weeks 4 weeks 5 weeks 6 weeks 7 weeks For Design Development and Construct and Design and Construct Contracts, the tender period is to be not less than 6 weeks, but in any event sufficient time is to be allowed for the tenderers to prepare design details necessary for a properly considered bid. When determining start and finish dates or the duration of the tender activities in the program, allow for the following steps or activities with the times needed (using the times indicated by similar previous tender processes and timing guidelines): investigations, which may include market research or consultation with clients; determining viability, cost benefit analysis and design/scope; obtaining funding approval or confirmation; obtaining necessary internal and external approvals; preparation of RFT documents (refer Chapter 4 “Preparing the RFT Documents”); the tender period (refer Chapter 5 “Request for Tender and Tender Period”); evaluation of tenders and the gaining of approvals for recommendations (refer Chapter 7 “Tender Evaluation”); and the award of a contract (refer Chapter 8 “Award of Contract”). In planning and managing the tender process, particularly in setting times, it is important to consider the availability of personnel to undertake the individual activities involved. Documentation The documentation required with a RFT depends on the tendering method proposed. A request for firm price tenders requires different documents to those required for a ____________________________________________________________________________________________ PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1 NSW Department of Finance & Services Tendering Manual Chapter 3 – Planning the Tender Process request for EOI as the first part of a staged tender process. The RFT documents should always: give a clear description of the tender process proposed, the proposed procurement, what is expected of tenderers, applicants or respondents, the decisions that will flow from the evaluation of tenders, applications or responses, and the basis for those decisions; and elicit all the information necessary for the tender process, including for making decisions. Having documented the process in the RFT documents and TEP, those involved must make sure they strictly comply with the stated procedures and requirements, particularly those described in the RFT documents, subject to any addenda issued and changes to the TEP in special circumstances where approved by an authorised officer. Depending on the type of process, RFT documents should include the following: conditions of tendering (refer to Chapter 4 “Conditions of Tendering”); detailed statement of requirements, including specifications, descriptions, plans and drawings, and the like, as appropriate; proposed general terms and conditions of any contract that arises from the tender process; and copies of any other documents relevant to tendering for the procurement. Detailed requirements for the preparation of RFT documents are provided in Chapter 4 “Preparing the RFT Documents”. The RFT should be advertised on, and where appropriate available as a downloadable document from, the eTendering System. The section in Chapter 4 titled “Preparing the RFT Documents for eTendering” explains how this should be done. It is essential that a considered and specific Tender Evaluation Plan be documented for each tender process. Tender evaluation is covered in detail in Chapter 7 “Tender Evaluation”. References and Guidance Documents NSW Government Code of Practice for Procurement NSW Government Procurement System for Construction NSW Government Tendering Guidelines Direct Negotiations – Guidelines for Managing Risks in Direct Negotiations - ICAC Appendices Appendix 3A – Risk Management in a Tender Process Abbreviations EOI RFT TEP Expression of Interest Request for Tender Tender Evaluation Plan ____________________________________________________________________________________________ PWM–0633 Issue: Edition 3 – Version 1.00 - Tendering Manual - August 2010 1