What is inviting offers?
Inviting offers involves:
- informing potential participants about the procurement opportunity
- supplying further information to potential participants, as required
- ensuring that potential participants are treated equally and fairly
Some invitations may also need:
- additional information to be sent to potential participants
- amendments to tender documents to be issued
- tender briefings
- site visits
How to invite offers
Step 1: Determine the opening and closing dates
Agencies should ensure the period between the publishing the invitation and the tender closing date is reasonable taking account of the complexity of the procurement.
Agencies should allow suppliers an appropriate amount of time to investigate the opportunity, get internal approval to respond, prepare and check the response, gain internal approval, and submit.
Key considerations when deciding on sufficient time include the:
- nature and complexity of the procurement
- type of information and level of detail suppliers need to provide in the response
- nature of the goods, services or works
- complexity of the describe the deliverables
- level of risk
- extent of any anticipated subcontracting
- likelihood of any joint bids
- impact of public holidays on suppliers
- requirements for domestic and foreign suppliers to submit tenders, particularly if suppliers need to deliver hard copies
If international agreements apply, tenders must be open for at least 40 calendar days to allow an appropriate amount of time for suppliers to submit a tender.
See International agreements for more information on tender open periods when international agreements apply.
For construction, to determine the tender open period, see Tender period – Instruction 3.5.
Step 2: Determine if the invitation will be advertised
Will the tender be advertised?
If yes – go to Step 3.
If no, issue the tender documents directly to the selected participants, then go to Step ##.
Step 3: Determine what to include in the tender
For goods and services, Market approach templates includes guidelines and templates to support buyers with their approach to market.
For construction, Tender notices – Instruction 3.4 sets out what must be included in a tender notice.
Step 4: Follow Agency process to request the invitation to be advertised
Advertising a tender may include:
- publishing a tender notice on the Buying for Victoria Tenders Portal
- publishing a tender notice on a tender management system
- publishing an advertisement in a publication
- publishing details of the invitation on an Agency’s website, if the Agency has a ‘tenders’ page
Tender notice
Contact the Agency’s procurement governance unit to find out how to request that a tender notice be published.
For most Agencies this will involve:
- filling out a template describing the key details of the invitation
- providing copies of the tender documents to be uploaded with the tender notice
Tender management system
Contact the Agency’s procurement governance unit to find out how to request use of a tender management system.
Advertising in a publication
An advertisement in a publication may include:
- a specialist publication, such as a professional journal
- the tenders section of a newspaper
- a display advert in a trade newspaper
If an Agency advertises in a publication, it must follow
- the Government Advertising Policy (when this applies)
- local Agency rules.
Tenders page on an Agency website
Contact the Agency’s communication team to find out how to request that a tender be listed on the webpage.
Step 5: Questions raised by tenderers
Allocate responsibility for recording questions from potential participants and preparing answers to questions raised, and providing questions and answers to all potential participants.
The market approach documents will specify how potential participants can ask questions, if by:
- phone,
- email,
- online procurement system.
The market approach documents will also set when potential participants can ask questions. Questions may need to stop several days before the tender close to allow answers to be prepared and distributed.
Prepare responses to questions promptly.
Respond directly to the party that asked the question.
Advise all other participants of the response provided. This may involve:
- summarising the response
- de-identifying the party that asked the question, if needed
If a tender notice has been used, then additional information must be uploaded summarising the response to each question.
Commercially sensitive questions
A potential participant must make it clear if a question is commercially sensitive.
Any information that is commercially sensitive must be protected and not released to any other participant. Agencies may decide:
- not to publish that question and answer, or
- to remove the part that's commercially sensitive before it is published to other suppliers
Step 6. Tender briefing session
Will a tender briefing session be held?
If yes, arrange for the briefing session to be held.
If no, go to Step 7.
Tender briefings sessions can be held:
- in person or
- via a video or audio conference facility.
Leave an opportunity for potential participants to ask questions as part of the briefing session.
For each tender briefing session:
- keep a record of suppliers that attended
- prepare a summary of the briefing
- record questions and answers provided
- record questions taken on notice
- prepare responses to questions taken on notice
Forward the summary and questions and answers to the Agency procurement governance unit, requesting that this information be:
- published to tender notice or website
- distributed to potential participants, where known.
Step 7: Site visit
Potential participants may need to inspect the site where works or services will be delivered.
The market approach documents outline when suppliers can visit. Site visits may be held:
- on an individual basis
- as a group with multiple participants present
Ensure that participants get safe access to the site.
Will a site visit be held?
If yes, arrange for the site visit to be held.
If no, go to Step 8.
Record details of the site visit in the same way as for a briefing session.
Forward the summary and questions and answers to the Agency procurement governance unit, requesting that this information be:
- published to tender notice or website
- distributed to potential participants, where known.
Step 8: Determine if approach to market documents need to be amended
Is it necessary to amend the approach to market documents during the open period?
If yes, go to Step 9.
If no, go to Step 10.
Step 9: Amend the approach to market documents
Prepare an addendum to the approach to market documents.
Contact the Agency procurement governance unit to see if there is a standard template to use. If not, set out the amending information in a clear and concise manner.
Forward the addendum to the Agency procurement governance unit, requesting that this information be:
- published to tender notice or website
- distributed to potential participants, where known.
Avoid issuing amendments in the last few days of the open period, to ensure that potential participants have time to:
- review the information
- address it in the offers.
Step 10: Manage probity and conflicts of interest
Manage probity – consider issues raised at Probity issues by stage and task.
Conflicts of interest can arise during this task. Identify, declare, and manage these. Follow Agency procedures for managing conflicts of interest.
During this task, suppliers may offer gifts, benefits or hospitality. It is good practice to reject the gift, benefit or hospitality and tell the project sponsor about this. Follow Agency procedures for managing gifts, benefits, or hospitality.
Consider:
Address Agency rules
Consult Agency procurement team for advice on meeting:
- procurement rules and policies
- Agency specific rules and policies
Follow Agency specific rules on when to seek an approval and who can give the approval.
Follow Agency specific rules for recording decisions and storing records.
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