Chapter 3 - Planning the Tender Process - ProcurePoint

advertisement
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
Download