| (1) | This instruction applies only to the procurement of goods and services and is to be read in conjunction with Instructions 1101 to 1124.
Further information, including a definition of "goods and services", can be found on the Buying for Government section of www.purchasing.tas.gov.au.
Refer to Instructions 1201 to 1229 for information in relation to procurement of building and construction and roads and bridges.
A multi-use list is a list of pre-qualified suppliers, intended for use in more than one procurement process. A multi-use list can include an unlimited number of suppliers and suppliers can be added either continuously or annually, it can operate indefinitely and does not make reference to pricing. Suppliers included on the list have satisfied the conditions for participation (ie pre-qualification).
A panel, by comparison, is an arrangement under which a number of suppliers may each supply property or services to an agency as specified in the panel contract arrangements. A panel has a finite number of suppliers and operates for a finite period. The panel is re-opened at the conclusion of the established period. A panel usually provides a set or indicative price for the goods or services that can be obtained from it. A panel can be established through an open tender process or through a multi-staged purchasing process. In either case, panel members have been selected at the conclusion of a full evaluation process.
Further information on the difference between a multi-use list and a panel can be found in the Buying for Government section of www.purchasing.tas.gov.au under Goods & Services (Purchasing Goods and Services > $100 000, Planning the Purchase). |
| (2) | Inclusion on a multi-use list may be used either as an essential criterion or condition for participation in an open tender or as the basis for selecting participants in a multi-staged procurement. |
| (3) | When using pre-qualification (inclusion on a multi-use list) as a condition for participation in an open tender conducted under Instruction 1107, agencies must set up the multi-use list in accordance with clauses (5) – (7) below.
Pre-qualification (inclusion on the multi-use list) can then be set as a mandatory requirement that must be met by suppliers for a tender to be considered.
Where:-
- an agency intends to limit the submission of applications to suppliers who are included on a multi-use list (except when using a list to which entry has been readily accessible in electronic form for a reasonable period); and
- the procurement is one that is impacted by the Australia - United States Free Trade Agreement;
- reference should be had to the Australia - United States Free Trade Agreement (AUSFTA) Guidelines for further information on allowing suppliers time to pre-qualify. The Guidelines can be found in the Buying for Government section of www.purchasing.tas.gov.au, under Resources (Publications).
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| (4) | When using a multi-use list as a basis for pre-selection of participants in a multi-staged procurement, agencies must firstly set up the multi-use list in accordance with clauses (5) – (7) below. The second stage of the process requires Agencies to comply with the provisions of Instruction 1108(6).
A multi-staged purchasing process is where information is requested from suppliers in order to gain knowledge about the market, obtain industry input, or to shortlist suppliers before seeking offers. Further information on multi-staged tendering processes is available in Instruction 1108 and on the Buying for Government section of www.purchasing.tas.gov.au. |  |
| (5) | An agency may establish a multi-use list provided the agency itself (or another government agency) either: | |
| (a) | annually publishes a notice inviting interested suppliers to apply for inclusion on the list; or |
| (b) | makes available in a continuous electronic form, a notice inviting interested suppliers to apply for inclusion on the list. |
| (6) | The notice inviting interested suppliers to apply for inclusion on the list must include: |
| (a) | a description of the goods and services, or categories thereof, for which the list may be used; |
| (b) | the conditions for participation to be satisfied by suppliers and the methods that the agency will use to verify a supplier’s satisfaction of the conditions; | |
| (c) | the name and address of the agency and other information necessary to contact the entity and obtain all relevant documents relating to the list; and | |
| (d) | any deadlines for submission of applications for inclusion on the list. | |
| (7) | When undertaking procurement impacted by the Australia - United States Free Trade Agreement (AUSFTA), agencies must limit any conditions for participation in a multi-use list to those that ensure that a potential supplier has the legal, commercial, technical and financial abilities to fulfil the requirements of the procurement.
A ‘condition for participation’ means any pre-requisites (or mandatory requirements) for participation in a procurement and includes pre-registration and pre-qualification. These requirements are assessed as either being ‘met’ or ‘not met’ by a supplier in the first stage of evaluation of their submission.
Conditions for participation include any pre-qualification or pre-registration requirements (such as for building and construction). Examples of conditions for participation include –
- Solvency and financial viability;
- Mandatory insurance policies/levels;
- OH&S standards or EEO requirements etc;
- Relevant licences;
- Professional accreditations or registrations;
- Compliance with draft contract terms;
- Inclusions on a multi-use list; and
- Compliance with conditions of tender.
The Australia - United States Free Trade Agreement (AUSFTA) Guidelines can be found in the Buying for Government Section of www.purchasing.tas.gov.au under Resources (Publications). |
| (8) | Agencies that maintain a multi-use list must include all potential suppliers that satisfy the conditions for participation on that multi-use list as soon as practicable after application. |
