| (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.
This instruction does not provide information relating to "contract management", for information relating to the management of contracts please refer to the information contained on the Buying for Government section of www.purchasing.tas.gov.au. |
| (2) | Agencies must ensure that the contract which is to be entered into names the ‘The Crown in Right of Tasmania’ as the contracting party except where a statute specially confers contracting power.
The Crown Proceedings Act 1993 stipulates that where a Minister contracts, he or she contracts not in their own right but on behalf of the Crown.
Examples of a statute conferring contracting power includes the Director of Housing under the Homes Act 1935 or a corporate body such as the Forestry Corporation under the Forestry Act 1920. |
| AWARDING OF CONTRACTS |
| (3) | All agency evaluations for procurements valued at $50 000 or more (excluding GST) must be referred to the agency’s Procurement Review Committee, prior to the contract being awarded.
Further information on Procurement Review Committees is located in Instruction 1218. |
| (4) | For all procurements valued at $100 000 or more (excluding GST) for building and construction projects and $250 000 or more (excluding GST) for roads and bridges procurements, a recommendation as to the preferred tenderer must be made to the Head of Agency for approval.
The Head of Agency is responsible for the approval of the preferred tenderer and this responsibility cannot be delegated. The signing of the contract may occur in accordance with the agency’s procurement delegations as determined in accordance with Instruction 1203. |
| (5) | Prior to awarding a contract, an agency must check the contractor’s pre-qualification threshold and category to ensure that the information in the tender submission corresponds with the information in the Building and Construction Pre-qualified Contractors Database or the Roads and Bridges Pre-Qualified Contractors Database.
It is important that agencies protect the interests of the Crown by awarding contracts only to legal entities that have been pre-qualified by the Department of Treasury and Finance and the Department of Infrastructure, Energy and Resources as having the financial, managerial and technical resources and competence to execute and complete the work under the contract in accordance with the pre-qualification criteria.
The building and construction database is located at www.tenders.tas.gov.au, under Tools and Help, Agency eTendering Admin, Pre-qualified Contractors and Consultants.
Information on the Department of Infrastructure, Energy and Resources pre-qualification database is obtainable from Tony Hodgson at tony.hodgson@dier.tas.gov.au or on 6233 2176. |
| (6) | Contracts must only be awarded to recognised legal entities. |
| (7) | All suppliers submitting a quotation or tender must be advised of the outcome of the procurement process and provided with details of the successful offer including the name of the supplier and the price accepted. |
| (8) | Where the Australia - United States Free Trade Agreement (AUSFTA) provisions apply, on request, the agency must promptly provide the supplier with a written explanation of the reasons that its tender application was not selected.
Refer to Instruction 1202 for further information on AUSFTA. |
| (9) | Unsuccessful suppliers must, on request, be debriefed.
Any debrief should examine areas of non-compliance with a view to developing the supplier’s ability to successfully quote for future requirements. |
| (10) | Agencies must ensure that any revised tender estimates or negotiations in relation to price or services are fully documented and that any amendments are incorporated into the contract established between the Crown and the contractor/consultant. |
| (11) | All contracts awarded with a value of $50 000 or more must be reported in accordance with Instructions 1212 and 1213. |
Australia - United States Free Trade Agreement (AUSFTA) procurements |
| (12) | Any procurement that is impacted by the AUSFTA (Refer Instruction 1202) must, in addition to the requirements above, comply with the requirements set out in the Australia - United States Free Trade Agreement (AUSFTA) Guidelines.
The Guidelines can be found in the Buying for Government section of www.purchasing.tas.gov.au, under Resources (Publications). |
