NSW Government Procurement
Practice
Guide
Expression of
Interest for
Construction
Projects – Open
Tender
June 2012
Version
Revision date
Phone
Email
1
27 June 2012
1800 679 289
nswbuy@services.nsw.gov.au
Expression of Interest for Construction Projects
Version 1
This Practice Guide is prepared by the Department of
Finance and Services for the NSW Government. This
practice guide is an element of the Procurement Policy
Framework of the NSW Government. It is available from
the NSW Government Procurement website
www.procurepoint.nsw.gov.au
The document shall be updated on an ongoing basis by
the Department of Finance and Services to reflect changes
to government tendering policy and procedures. To ensure
accurate and up to date information, agencies are advised
to access the latest version directly from the website.
For further information on these guidelines contact NSW
Procurement help desk by phone 1800 679289 or email
nswbuy@services.nsw.gov.au
Issue log
Version number
Release date
1
27 June 2012
Details
Initial issue of
document
Page 2 of 13
Expression of Interest for Construction Projects
Version 1
Table of Contents
1
Introduction .................................................................................
4
2
Background ..................................................................................
4
2.1
Context in NSW Government Procurement Policy Framework ...
4
2.2
Purpose and Scope of the Guidelines ...........................................
4
2.3
Overview ..........................................................................................
5
3
Expression of Interest..............................................................
5
3.1
Appropriateness of an EOI .............................................................
5
3.2
EOI process .....................................................................................
6
Reference Documents: ..........................................................................
13
Page 3 of 13
Expression of Interest for Construction Projects
Version 1
1 Introduction
This Procurement Practice Guide describes the elements of
preparing an Expression of Interest (EOI) for construction
projects on an open tendering basis. This document may also be
used when preparing EOIs for construction projects on a selective
basis.
It has been written following feedback from NSW government
agencies for guidance about the EOI process together with
documentation that may assist agencies when calling and
evaluating EOIs.
Standard form documents for the preparation of a Request for
Expression of Interest for construction projects on an open
tendering basis are available from the Procurement System for
Construction documentation at www.procurepoint.nsw.gov.au
2 Background
2.1 Context in NSW Government
Procurement Policy Framework
This Practice Guide has been prepared to support the tendering
activities carried out by NSW government agencies when
delivering construction projects. It is consistent with NSW
Government Procurement Policy and the NSW Government Code
of Practice for Procurement. This Practice Guide forms part of the
NSW Government Procurement Framework.
2.2 Purpose and Scope of the Guidelines
This Practice Guide is designed to provide NSW government
agencies and project managers engaged by agencies, a
structured approach to preparing a call for an Expression of
Interest (EOI) for construction projects on an open tendering
basis.
The scope extends from determining when an EOI may be
appropriate, preparing the documentation, evaluating and
selecting a shortlist of service providers to proceed to the next
stage of a multi-stage tendering process.
The Practice Guide primarily focuses on EOIs for selecting preregistered service providers to be invited to tender in the second
stage for a specific construction contract.
Complementing the Practice Guide are the following Standard
Form documents that can be modified to meet users’ specific
requirements:
Page 4 of 13
Expression of Interest for Construction Projects
Version 1

Request for EOI (Open Tenders) 

Request for EOI – Returnable Schedules (Open tenders) 

Request for EOI (Selective Tenders) 

EOI Evaluation (for use with both open and selective EOI call
documents) 




2.4 Overview
Agencies should aim for an optimal arrangement that fully
involves the market, achieves reasonable and effective
competition, and limits the amount of unnecessary effort required
in providing and evaluating the tenders.
Expressions of Interest provide a mechanism that limits tendering
costs for industry as a whole in that only those service providers
pre-registered after an EOI process are invited to tender. The
associated costs to agencies are also lower through the reduced
number of tenders to evaluate, compared with open tenders.
The use of an open EOI process is considered to be a suitable
option for consideration by agencies.
Pricing is not sought at the EOI stage of the procurement process
nor is a contract formed.
3 Expression of Interest
3.1 Appropriateness of an EOI
An Expression of Interest may be summarised as a process of
seeking an indication of the interest of potential service
providers, capable of undertaking specific work.
An EOI is usually the first stage of a multi-stage tender process
and may be used to:

establish potential service providers for a single contract; 

establish a panel of service providers for several contracts in
an ongoing work program; 

identify applicants with the best proposals, usually for more
complex or unusual procurements. 


EOIs enable the capabilities of applicants to be assessed in
relation to a range of non-price evaluation criteria. An Evaluation
Committee evaluates the suitability of each applicant and
recommends a short-list of the most suitable applicants to be
invited to provide priced tenders or detailed proposals in the next
stage.
Page 5 of 13
Expression of Interest for Construction Projects
Version 1
3.2 EOI process
General Requirements
The Project Manager (or in the absence of a Project Manager, the
Client Agency representative responsible for initiating the
Request for EOI) identifies and formulates the general
requirements. Key points to consider are:
ensure consistency of project objectives with
NSWGovernment policies.
prepare a commercial strategy to achieve the
projectobjective in accordance with legal and probity
requirements.
Risk Management
It is essential to identify risks at the commencement of the EOI
process. Successful risk management planning in procurement is
about identifying, then planning, appropriate and effective action
to avoid or control these risks. For additional information on risk
management refer to the NSW Department of Finance and
Services Tendering Manual, Appendix 3A Risk Management in a
Tender Process.
Some key steps that may assist in the risk management planning
stage include:

develop a plan of action to manage the EOI process; 

appoint
key
personnel
as
necessary
responsibilities eg Project Manager. 

develop a risk management plan for the EOI process. 

and
define

EOI Call document
The Project Manager is to ensure that the Request for EOI
documents the Client Agency’s requirements fully and to ensure
that the tendering process achieves the best results.
The Request for EOI documentation consists of:
Request
for
Expressions
of
Interest
Conditions
forApplication. This document includes the details, scope
and indicative timetable for the project, further steps
proposed beyond the EOI Stage, the terms conditions and
processes governing the tender process for the EOI, the
evaluation criteria;

Returnable Schedules – Schedules that are to be completed
by applicants and form the basis on which applicants are to
be assessed against the evaluation criteria. 
A Standard Form Request for EOI, comprising the above
documentation, is available from the Procurement System for
Construction at www.procurepoint.nsw.gov.au
Page 6 of 13
Expression of Interest for Construction Projects
Version 1
RFT Number
A Request for Tender (RFT) number is required to identify the
project in
NSW eTendering. The RFT number becomes the
identifying “contract number” when the contract is awarded. For
the EOI stage, the RFT number is generally followed by “EOI”,
e.g 1200000 EOI.
Advertise the Request for EOI (including
mandatory and project specific criteria)
ensure method of requesting and receiving applications
issuitable for the EOI and in accordance with the NSW
Government Code of Practice for Procurement;

ensure the advertisement clearly outlines the purpose of the
EOI, the scope of project and capability/experience required
to undertake the work, the mandatory and project specific
evaluation criteria; 

encourage applicants to provide relevant information in their
response so that the evaluation panel is fully informed about
the proposal; 

stress to applicants not to assume that the Client Agency and
Evaluation Committee have any previous knowledge about an
applicant’s skills, abilities or past performance. 


EOI Evaluation criteria
Pricing is not included in the evaluation criteria as pricing is not
sought at the EOI stage.
The Project Manager, key stakeholders and the Evaluation
Committee, as appropriate, are to be involved in determining the
evaluation criteria.
In formulating the evaluation criteria, consideration must be
given to mandatory criteria to be included. Such criteria are not
weighted or scored, either a “pass or fail” applies. More
information on mandatory criteria is included below.
It is essential to select appropriate project specific criteria that
provide for applicants to demonstrate skills, capacity and
capability to undertake the category of work involved
Ensure that the evaluation criteria based on management
systems for the construction contractor comply with the
respective NSW Government management systems guidelines for
the construction industry which are available at NSW Government
Procurement System for Construction.
The evaluation criteria must be specified in the conditions for
application and the information requested in the returnable
schedules and otherwise is to match the evaluation criteria. This
provides the basis for the proper assessment of applications as
set out in the EOI Evaluation Plan.
Page 7 of 13
Expression of Interest for Construction Projects
Version 1
Mandatory criteria
There are certain mandatory criteria that applicants must meet to
be considered acceptable and the requirements to demonstrate
compliance must be stated in the conditions of the Request for
EOI. Mandatory criteria include:
Legal entity
Financial capacity
Work Health and Safety management
Environmental management
Quality management
Industrial Relations.
Aboriginal Participation may be included as a mandatory
criterion, subject to consideration by the Client Agency that it is
required. For more information, refer to Aboriginal Participation
in Construction Guidelines.
Project specific criteria
In determining the project specific criteria, select those criteria
that will best assist in differentiating between applications. To
achieve this, the criteria could reflect:
the nature of the services;
factors critical to the success of the
engagement; associated risks.
Select at least three and preferably no more than five criteria.
Each criterion should have its main elements listed to assist in
the evaluation. The elements will form the basis of scoring. The
inclusion of response schedules clearly identifying the specific
information required facilitates both the applicants in responding
as well as the Evaluation Committee in assessing and scoring.
Examples of project specific criteria
Organisation’s experience, capability and achievements
evidence of the applicant’s experience and performance on
projects of a similar size, nature and complexity in Australia
over a nominated number of years, e.g. five (5) years
proven capacity, ability and experience in working and
delivering projects in an occupied/operational/Heritage
building/ environment (delete / modify as required)
evidence of external performance recognition such as
Contractor Performance Reports, client reference letters,
nominated referees who can confirm successful performance
on completed projects.
Experience, capability and availability of key personnel
the composition of the applicant’s construction delivery team,
including
the
key
personnel
and
major
subcontractors/consultants
proposed
(including
relevant
qualifications and experience).
Page 8 of 13
Expression of Interest for Construction Projects
Version 1
Understanding of the engagement – task appreciation and
methodology
understanding and appreciation of the Client Agency’s
requirements in the delivery of the project;
the applicant’s commitment to and capability in meeting the
indicative proposed delivery program;
the experience of the applicant with the conditions of
contract named in the EOI call documentation;
demonstrated knowledge of public sector operations, policies
and legislation relevant to the services;
demonstrated understanding of, and an ability to comply
with, relevant requirements of the NSW Government
Procurement System for Construction.
Briefing Sessions
There may be instances when it is considered necessary to hold
meetings prior to the close of the Request for EOI to assist
potential applicants’ understanding of the project requirements.
Attendance at the briefing sessions may be mandatory or
optional depending of the nature of the meeting. Briefing
sessions must be carefully planned and managed to ensure that
no applicant is given any advantage over any other applicant
because of the meeting.
Information on any briefing session including date, time, location,
optional and/or mandatory attendance is to be included in the
advertisement or invitation document. In addition, when
mandatory attendance is required, include a statement that
applications submitted by applicants who fail to attend will be
passed over.
EOI Evaluation Plan
Develop an EOI Evaluation Plan (EP) to manage the evaluation
process. The EP must:
be consistent with and address the requirements stated in
the Request for EOI Conditions for Application;
describe how an applicant’s response to each evaluation
criterion will be dealt with;
include a guide to scoring project-specific criteria and
calculating final scores;

provide for the scores to be reached by consensus; 

include the weighting to apply to each criterion based on
their relative importance and likely impact on the outcomes
of the project; 

Page 9 of 13
Expression of Interest for Construction Projects
Version 1

include the minimum and maximum number of applicants to
be short listed. The NSW Government Procurement
Guidelines - Tendering Guidelines include guidance on the
number of tenders required 
In determining the number of applicants to be short listed, it is
recommended that an additional number, for example two (2),
be considered as reserves to allow for possible withdrawal of
selected applicants.
The EP, including the scoring and weightings to apply to the
assessment, is to be completed prior to issuing the Request for
EOI and be approved prior to the date the EOI closes.
An EOI Evaluation Plan template is available from the
Procurement System for Construction documentation.
Evaluation Committee
The Evaluation Committee is to comprise members who are
familiar with the requirements of the Request for EOI and have
relevant skills, experience and expertise in the nature of the
project.
The Evaluation Committee is to:
ensure that the approved EP is followed and that all
applications are assessed in accordance with the EP;
use its professional skills and experience to identify the
applicants that best satisfy the evaluation criteria;
produce an evaluation report including a recommendation for
those applicants to be pre-registered and to be given an
opportunity to tender for the next stage of the project.
The Principal will determine which of the applicants will be preregistered. Only applicants that are pre-registered through this
EOI process will be eligible to submit tenders at the next stage.
Scoring project specific criteria
Document the procedure to be used for scoring adopting the
following procedure.
Score each criterion out of 100 based on the following scaling
and include comments that support the rating;
Rating
No response provided
Score
0
Acceptable
1 - 33
Good to very good
34 - 66
Superior
67 - 100
Page 10 of 13
Expression of Interest for Construction Projects
Version 1
To assist in scoring each criterion and its elements, the
evaluation committee is to identify and document the
attributes of applicants’ responses that will determine the
rating / score to be allocated within the scale. For example, if
a response is considered to be a ‘good to very good’ rating,
specify the factors that will determine if the score to be
allocated is 34, 66 or a score in between.
Ensure that there is consistency in the scores allocated and
supporting comments across criteria and individual
application assessments;
The evaluation committee should use a collaborative,
consensus-reaching approach in determining the scores.
Each evaluation committee member should first score the
criteria independently and record comments supporting the
rating. Then the evaluation committee as a whole should
compare the individual scores, discuss any differences and
reach consensus on the final score for each criterion together
with supporting comments.
Calculate weighted scores for each criterion by multiplying
the consensus score for each criterion by its assigned
weighting.
Add the weighted scores to determine the total score for
each applicant.

Rank the applicants based on the total scores from highest to
lowest; 

In the event of equal scoring for any applications, the final
ranking will take account of contractor performance data
from the Department of Finance and Services Contractor &
Consultant Management System (CCMS), Client Agency’s
own performance management system and/or formal
performance reports from the applicants’ clients. The
applicant with the higher level of performance will receive the
higher ranking. 

Short list appropriate applicants

Submit a short list of applicants for approval; 

Recommend and obtain approval to proceed with tendering
process with the approved pre-registered applicants; 

Ensure that the proposed tender documents are suitable for
the procurement activity; 

Ensure that the EOI evaluation criteria are consistently
reflected in the proposed tender documents. 



Page 11 of 13
Expression of Interest for Construction Projects
Version 1
Disclosure
Notify successful and unsuccessful applicants of the EOI
outcome in accordance with the Code of Practice for
Procurement;
Provide unsuccessful applicants with a debriefing in
accordance with the Code of Practice for Procurement;

Details of the Request for EOI and the outcome of the EOI
process must be disclosed in accordance with the
Government Information (Public Access) Act (NSW) and the 
Premier’s Memorandum 2007-01.
Page 12 of 13
Expression of Interest for Construction Projects
Version 1
Reference Documents:
NSW Government Procurement Policy
NSW Government Code of Practice for Procurement
NSW Government Procurement Guidelines – Tendering Guidelines
NSW Government Procurement System for Construction
Risk Management in a Tender Process (Appendix 3A of NSW
DFS Tendering Manual)
NSW Government Construction Industry Guidelines
Page 13 of 13