| (1) | This Instruction applies only to the procurement of building and construction and roads and bridges and is to be read in conjunction with Instructions 1201 to 1229.
Further information, including a definition of "building and construction" and "roads and bridges" and information on the types of services that fall under these categories is located in the Buying for Government section of www.purchasing.tas.gov.au.
Refer to Instructions 1101 to 1124 for information in relation to procurement of goods and non-construction related services. |
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.
The following select tendering methods may be used by agencies: |
| Expression of Interest |
 | An Expression of Interest (sometimes called a Registration of Interest) is a multi-staged process used to shortlist potential suppliers before seeking detailed bids in accordance with the procurement thresholds.
An Expression of Interest (EOI) process is generally used when the information required is specific and the agency is unsure of the capability of suppliers to provide the required works.
The second stage of the process involves the shortlisted suppliers being asked to submit a detailed bid in accordance with the procurement thresholds (refer to Instructions 1206 and 1207 for further information). |
| (2) | An agency may issue a request for expressions of interest, and use the list of suppliers who lodge an application as the basis for inviting potential suppliers to submit tenders provided: |
| (a) | the agency issues a notice requesting any interested supplier to submit an expression of its interest in the procurement and to submit any information requested in the notice; and |
| (b) | sends an invitation to tender to all of the suppliers that expressed an interest in the procurement unless it has stated specifically in the notice that it may limit the suppliers that it will invite to participate. |
| The first stage of the process involves issuing a notice calling for expressions of interest in the same manner as is required by Instructions 1206 and 1207 depending on the value of the procurement. |
| (3) | Provided that the notice requesting expressions of interest states specifically that the agency may limit the suppliers it will invite to participate in the procurement and the relevant requirements and evaluation criteria have been specified in the notice or the associated documentation, an agency in determining the suppliers that will be invited to tender may: |
| (a) | assess the extent to which an application meets the technical and performance specifications of the procurement; and |
| (b) | limit the number of suppliers that it invites to tender, based on its rating of applications, provided that the largest number of potential suppliers is selected that is consistent with an efficient procurement process. |
| If suppliers are informed at the time of advertising that only those short-listed will be requested to bid, no exemption is required from the Secretary, or an authorised delegate, of the Department of Treasury and Finance, to use a closed process.
In all other cases, the agency must invite all suppliers that have responded to the request for expressions of interest and meet the conditions for participation to submit a tender. |
| (4) | Agencies: |
| (a) | must provide suppliers with the evaluation criteria that will be used to make a decision at each stage of the process at stage one of the procurement process, and the evaluation criteria that is to be used to make a decision at the first stage of the process must be consistent with the criteria to be used for the second (bid) stage; and |
| (b) | must not directly engage a shortlisted party without going through a more detailed second (bid) stage process unless approved by the Secretary, or an authorised delegate, of the Department of Treasury and Finance. |
| The same time limits that apply to an open tender process apply to requests for an Expression of Interest. Refer to the Australia - United States Free Trade Agreement (AUSFTA) Guidelines for information on AUSFTA time limits. |
| Licence or Specific Legal Requirement |
| (5) | Agencies may conduct a select tender from a list of all potential suppliers that have been granted a licence, or that have been determined by the appropriate agency, authority or organisation to comply with specific legal requirements that exist independent of the procurement process, provided that: |
| (a) | the requirement for a licence or compliance with specific legal requirements is essential to the conduct of the procurement; |
| (b) | the complete list of such potential suppliers is maintained by the appropriate agency, authority, or organisation and is available to the agency; and |
| (c) | the agency must invite all potential suppliers on the list to submit tenders. |
| An example of such a licence is a builder’s licence. |
| Request for Information |
| A Request for Information (RFI) is used at the planning stage of a project to assist with defining the project or requirement. |
| (6) | A RFI must not be used to identify or select suppliers.
It is only to be used to solicit information from suppliers that will assist in the development of the project or requirement. |
| (7) | When using a RFI, issues relating to intellectual property and copyright must be clarified prior to using the information provided to prepare the tender documentation. |
| Request for Proposal |
| A Request for Proposal (RFP) is generally used when the project or requirement has been defined, but where an innovative or flexible solution is sought.
A RFP can be used as either a one stage or as a multi-staged purchasing process. |
| (8) | If a RFP is to be used as a multi-staged process, then agencies must comply with the same processes as for an Expression of Interest. These are contained in Instructions 1208(2), (3) and (4).
In a two-staged RFP process, the first stage can be used to identify a limited number of proponents that have the capacity to deliver a feasible proposal. The second stage would be restricted to the short listed proponents and would be used to elicit more detailed proposals in order to select the best value for money proposal.
The same time limits that apply to an open tender process apply to Requests for Proposals. Refer to the Australia - United States Free Trade Agreement (AUSFTA) Guidelines for information on AUSFTA time limits. |
| (9) | If a RFP is to be used as a single stage purchasing process, then agencies must call for bids in accordance with the procurement thresholds (refer to Instructions 1206 and 1207 for further information). |
