Tender procedures must be set out clearly to ensure evidence of full compliance with the Code of Practice for the Building and Construction Industry regarding receipt, recording, assessment, confidentiality etc. The State Government may audit any project to ensure such compliance.
The selection panel is to nominate a single point of contact for all tenderers and that person shall record all communications regarding the tender process.
To ensure that proper recording of tenders submitted is carried out the Project Control Group must adopt a formal procedure for the receipt and opening of tenders. Tenders are to be closed in DHS or Health Service/Agency offices with suitable facilities and processes.
A tender process set out on the DHS website states that an opening panel of at least 2 persons should be constituted, generally including a representative from the Health Service/Agency, the Principal Consultant and/or the Quantity Surveyor.
The date and time for receipt of tenders should be at a predetermined place, time and day as required by the Code of Practice and the opening of tenders should record in order of opening the relevant tender summary details (e.g. list items to be recorded, late tenders, distribution of copies, tender price, conditions, completed tender forms). It is normal practice to have a tender box that can be secured (i.e. locked) available until tender close and only these tenders received are to be considered for evaluation.
The Department guidelines for opening procedures are attached (refer to Risk Management Principles and Proposed Procedures Required for DHS Projects).
The following information shall be submitted with each schedule of tenders on a tender opening summary form (example attached):
The selection panel should ensure that tenderers submit a tender price, which is fully conforming for all works described in the documentation and that there are no conditions, exclusions or exceptions. Tenders must be provided on the approved documents.
Under no circumstances will late tenders be considered.
Tenders may offer alternative tender prices providing a fully conforming price is submitted and conditional in that all technical details of the alternative are submitted including materials, timing, warranties and so forth.
Following the opening, tender evaluation and report should be provided by the selection panel with input from the Project Manager, Principal Consultant and Quantity Surveyor. Approval to accept a tender is assessed on the post tender report recommendations submitted to the PCG, Health Service/Agency and the Department.
The nominated contact person shall seek clarification, issue addenda and record the steps in the process.
Where tenders are more than 10% above the estimate agreed by the Department, the Health Service /Agency may, with the prior approval of the Department:
The Project Control Group will give due consideration to the post tender report from the selection panel and ensure all conditions of the Ministerial Directives, associated Guides and Practice Notes and the Code of Practice for the Building and Construction Industry have been met.
Upon endorsement of the post tender report by the PCG, the Health Service/Agency shall obtain departmental approval before any Contracts are executed and works can commence.
In accordance with audit requirements, the Department will carry out random independent audits of the tendering process used in awarding contracts. To minimise the administrative time of all parties involved in the process, the audit exercise can be carried out effectively if relevant information is included in the tender recommendation reports.
The purpose of this section is to alert Health Services/Agencies, Consultants involved in managing projects of the information to be included in the tender recommendation report in order to comply with audit requirements. Government of Victoria Code of Practice for the Building and Construction Industry requirements need to be adequately covered.
To prevent tenders from lapsing, it shall be the responsibility of the Principal Consultant to seek, on the Agency’s behalf, confirmation from tenderers for an extension of the validity period if a tender is not awarded before the expiry of the original validity period.
Listing of clarification as to whether any addendum was issued during tender and confirmation that all tenderers have received them. Addenda should be issued only for clarification purposes.
Where a Health Service/Agency is to enter into a contract they should confirm that their financial and legal advisers are satisfied with the financial status and legality of the contractor.
The project timeframe, risks, schedule of rates and charges and other factors should be considered in the tender evaluation.
The tender evaluation should consider value for money as a key evaluation criterion. This will include factors such as life cycle costs, alternative details/finishes offered, etc. This may result in the lowest tender not being recommended for acceptance.
A final tender report is to include:
All non-conforming tenders to be noted with reasons provided, for example:
Tender Recommendation Principles:
The following attachments are to be included as an appendix to the tender recommendation report:
Once the Health Service/Agency and DHS accept the tender report, a letter of intent should be issued to the approved contractor. In addition, all unsuccessful tenderers should also be immediately notified.
A standard approach to pre and post tender acceptance, in the instances where the principal is either the Secretary or one of the Ministers, is set out in the ‘Proposed Procedures Required for DHS Projects.’