Version 19: issued June 05 (Insert procurement title) AUSTRALIAN CAPITAL TERRITORY PROCUREMENT PLAN This Procurement plan is to be completed by agency Business Units and accompany projects referred to Approved Procurement Units (APU). The Procurement Plan provides business system and audit trail documentation, and is intended for procurements over the public tender threshold (currently $100,000). A copy of the Plan, including APU endorsement, is to be suitably filed (on registered File) for audit purposes. PROCUREMENT SUMMARY Procurement Title: Project ID: Project Officer: Ph: Agency: Estimated Cost: (incl. GST) Risk Classification: Procurement Method: Date Lodged with: APU …..../….../20…. GPB …..../….../20.… Documents that must be prepared for submission to an APU are: Procurement Plan O Attachment 1: Checklist Compliance with Government Policies O Attachment 2: Risk Management Plan (unless included in Procurement Plan section 10) O Attachment 3: Evaluation Plan O Attachment 4: Probity Plan O Other Attachments Request Document and/or Statement of Requirement O APU ENDORSEMENT APU Contact Officer: Phone no: Endorsed by APU: ………………………… ………………………… date ___/___/___ Version 19: issued June 05 (Insert procurement title) PROCUREMENT PLAN 1. OBJECTIVE OF PROCUREMENT STATE OBJECTIVE 2. BACKGROUND STATE BACKGROUND 3. PRE-TENDER LOCAL INDUSTRY CONSULTATION [For procurements either $1m or greater (for goods and services) or $5m or greater (for construction), have you conducted a pre-tender local industry consultation? The consultation should address the nature, objectives and structure of the proposed tender and how local industry will be given a fair opportunity to compete. This should be conducted well in advance of the request document being finalised and advertised. Attendance by potential respondents should be discretionary.] HOW HAVE YOU CONDUCTED THE CONSULTATION? (Provide details. Example: meeting, e-mail, fax). HOW HAVE YOU ADDRESSED THE VIEWS EXPRESSED BY INDUSTRY WHEN FINALISING THE STRUCTURE OF THE REQUEST FOR TENDER? (Provide details). HOW HAVE YOU REPORTED BACK TO LOCAL INDUSTRY ON HOW THEIR VIEWS HAVE BEEN TAKEN INTO ACCOUNT? (Provide details). 4. PROCUREMENT METHODOLOGY THE FOLLOWING PROCUREMENT METHODOLOGY HAS BEEN SELECTED FOR THIS PROJECT: (PLEASE SELECT FROM OPTIONS 1 OR 2 AND DELETE NOT APPLICABLE OPTIONS) (OPTION 1) PUBLIC TENDER (OPTION 1A) SINGLE STAGE TENDERING (OPTION 1B) TWO STAGE TENDERING A two stage tender process has been selected as the most appropriate procurement method. The objectives of the project are also best served by the adoption of a two-stage process as it enables the testing of the marketplace, communication of the desired outcomes and the opportunity for suppliers to offer innovative solutions. Version 19: issued June 05 (Insert procurement title) Stage 1 – Expression of interest /Request for Proposals The first stage comprises the public advertisement of an invitation for Expressions of Interest. The Expressions of Interest will be evaluated against selection criteria and those shortlisted will be invited to participate in the second stage. Stage 2 – Request for Tender/Proposals (UPDATE TO REFLECT PROCUREMENT METHOD) The second stage will comprise the invitation of a (update to reflect procurement method) Request for Tender /Proposal from those shortlisted during the first procurement. A separate Evaluation Plan will be developed for the Stage 2. (OPTION 2) SELECT PROCUREMENT (OPTION 2A) MORE THAN ONE SUPPLIER (OPTION 2B) SINGLE SUPPLIER (if undertaking this option attach a negotiation plan to this procurement plan) A Select Tender process has been selected as the most appropriate procurement method. (Describe the nature of the select eg actual limited number, etc.) The objectives of the project are best served by the adoption of a Select Tender process due to: Provide details for the selection of a Select Tender process, consistent with Government Procurement (Quotation and Tender Thresholds) Guideline 2004. Examples might include: a) the existence of a pre-qualified list of potential suppliers b) the limited timescale for implementation of the project. c) the equipment required needs to be compatible with existing equipment. d) the suppliers within the marketplace are known and the invitation of Public Tenders would not improve the delivery of the desired outcomes. e) The project is of a specialist nature. Attach the Chief Executive’s or delegate approval of the Select Procurement Methodology 5. SUPPLY MARKET ANALYSIS (DETAIL THE STATE OF THE MARKET AND THE LEVEL AND NATURE OF COMPETITION) 6. INSPECTION/BRIEFING REFER TO THE CIRCULAR (2004/03) ON INDUSTRY BRIEFINGS AND SITE INSPECTIONS SITE INSPECTIONS (DELETE SECTION IF NOT APPLICABLE) Version 19: issued June 05 (Insert procurement title) A (compulsory?) site inspection will be conducted at the (location and time) to provide potential respondents with information relating to the site, eg OH&S matters and security. DETAILED INDUSTRY BRIEFING (DELETE CLAUSE IF NOT APPLICABLE) Due to the complex nature of the project it is planned to provide potential respondents with a (Compulsory?) industry briefing prior to the closing date of the process. The objectives of the industry briefing are to: a) provide potential tenderers with clarification of the RFT or other process, eg OH&S and service levels; b) improve the quality of tenders received; and c) stimulate interest in the project from local industry. INDUSTRY FEEDBACK ARRANGEMENTS When an industry briefing or site inspection takes place, a record of the inspection/briefing is required to be prepared and made available to all potential respondents. Feedback should also be sought from potential respondents about the inspection/briefing. 7. OFFER DOCUMENT AND ADVERTISING PREPARATION OF REQUEST FOR OFFER DOCUMENTS The Request documentation was prepared by: ADVERTISEMENT OF REQUIREMENT (update as appropriate) The (insert Procurement method eg. Request for tender etc.) will be publicly advertised on Saturday, (insert date) with an advertisement being placed in The Canberra Times and (insert details of other newspapers or magazines)-The requirement will also be advertised on the ACT Government’s Internet tender information service ‘basis on the net’ and notified to relevant registered suppliers. 8. VALUE OF THE PROCUREMENT ESTIMATED NUMBER OF CONTRACTS AND TYPE OF CONTRACTS TO BE AWARDED TOTAL ESTIMATED VALUE OF EACH CONTRACT IS FUNDING AVAILABLE AND HAS IT BEEN APPROVED? CONTINGENCY AND IMPACT IF APPROVED FUNDING IS NOT SUFFICIENT? 9. CONTRACT PERIOD WHAT IS THE CONTRACT PERIOD AND WHAT ARE OPTIONS FOR EXTENSION? Version 19: issued June 05 (Insert procurement title) 10. RISK MANAGEMENT SEE ATTACHMENT 2 (ALTERNATIVELY INSERT RISK MANAGEMENT PLAN HERE) 11. OPEN SOURCE SOFTWARE (DELETE PART IF NOT APPLICABLE) HOW WILL THE PLAN GIVE CONSIDERATION TO THE PROCUREMENT OF OPEN SOURCE SOFTWARE AND AVOID AS FAR AS IS PRACTICABLE THE PROCUREMENT OF SOFTWARE: THAT DOES NOT COMPLY WITH OPEN STANDARDS RECOGNISED BY THE INTERNATIONAL ORGANISATION FOR STANDARDIZATION (ISO); AND FOR WHICH SUPPORT OR MAINTENANCE IS PROVIDED ONLY BY AN ENTITY THAT HAS THE RIGHT TO EXERCISE EXCLUSIVE CONTROL OVER ITS SALE OR DISTRIBUTION? 12. ETHICAL SUPPLIERS The Government Procurement (Principles) (Ethical Suppliers) Amendment Guideline was introduced on 3 August 2004. This principle applies to contracts for the procurement of prescribed works and services (eg road works, construction or similar works) valued at $20,000 or more. It does not apply to the provision of professional or information technology services. 1 Is your Agency consultation officer aware of this project? Yes No 2 Does the RFT require tenderers to certify that they comply with employee and industrial relations obligations prescribed in the principle and included a pro forma certification to enable them to do so? Yes No 3 Have you placed the appropriate clauses in the contract to ensure the successful tenderer’s compliance with employee and industrial relations obligations prescribed in the principle and to ensure the agency is able to audit that compliance and take action if necessary? Yes No 4 During the contract management phase, how do you intend to ensure scrutiny over the performance by suppliers and subcontractors in relation to their compliance with their employee and industrial relations obligations? For example, conduct an audit of the successful tenderer organisation every 6 months. ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… Version 19: issued June 05 (Insert procurement title) 13. INDUSTRIAL RELATIONS INDUSTRIAL RELATIONS (IR) PREQUALIFICATION – (DELETE HEADING & SECTION IF NOT APPLICABLE) WILL THE REQUEST FOR TENDER REQUIRE IR PRE-QUALIFICATION? (For road works and associated activities only) (Where a roads or associated works, tender is anticipated to be priced at greater than $500,000 (incl. GST) industrial relations compliance must be nominated as one of the tender evaluation criteria. Potential suppliers are required to submit evidence of their compliance with appropriate IR policies and practices when submitting tenders.) 14. CONTRACT MANAGEMENT LIKELY CONTRACT KEY PERFORMANCE INDICATIORS NOMINATED CONTRACT MANAGER 15. COMPLIANCE ISSUES DOES YOUR PROCUREMENT COMPLY WITH ACT GOVERNMENT PROCUREMENT GUIDELINES & POLICIES (REFER TO ATTACHMENT 1)? YES /NO (If NO, Please provide a brief (one paragraph) explanation). 16. EXTERNAL ADVICE IF ADVICE OR ASSISTANCE WAS SOUGHT (EXTERNAL TO YOUR AGENCY) PLEASE PROVIDE THE DETAILS INCLUDING WHO AND WHAT SERVICE WAS PROVIDED. 17. TIMETABLE (These dates are "indicative" only and may be subject to change). 1. Pre-tender local industry consultation ……/……/20…. 2. Industry comment on project ……/……/20…. 3. Report back to industry ……/……/20…. 4. Procurement Plan to APU ……/……/20…. 5. Submit Plan to GPB (if required) ……/……/20…. 6. RFO advertised/pre-qualification ……/……/20…. 7. Site inspection/briefing (if applicable) ……/……/20…. 8. RFO closes ……/……/20…. 9. Evaluation of offers completed ……/……/20…. 10. Evaluation Report submitted ……/……/20…. Version 19: issued June 05 (Insert procurement title) 11. Approval by Delegate ……/……/20…. 12. Contract awarded ……/……/20…. 13. Debrief unsuccessful tenders ……/……/20…. 14. Contract Management Plan completed ……/……/20…. 15. Contract commencement ……/……/20…. 16. Audit of IR compliance ……/……/20…. 17. Practical completion ……/……/20…. 18. Final Payment ……/……/20…. 18. AUTHORISATIONS TEAM SIGNATURES The undersigned members of the Evaluation Team have read and agree with the requirements and obligations of this Procurement Plan and attachments. ………………… ………………… ………………… (insert name) (insert name) (insert name) ……/……/20….. ……/……/20…. ……/……/20…. CHIEF EXECUTIVE OR DELEGATE APPROVAL The Procurement Plan including attachments are approved. If the RFT documents are not attached to this Procurement Plan the evaluation process and the evaluation criteria will be fully described as stated in this Procurement Plan when RFT documents are released. ………………… ………………… ……/……/20…. (name) (Signature) ANY DEVIATION OR AMENDMENTS TO THIS PROCUREMENT PLAN OR ATTACHMENTS REQUIRES APPROVAL BY THE DELEGATE AND ENDORSEMENT FROM AN APU. Version 19: issued June 05 (Insert procurement title) Compliance with Government Procurement Guidelines and Policies: Attachment 1 Please tick the applicable box against all of the procurement guidelines and circulars to indicate that the procurement process has been assessed against each policy and is compliant. Guidelines and circulars are available on ‘ basis’ at http://www.basis.act.gov.au Procurement Guidelines and Circulars issued by the Board Yes – Compliant Not Applicable Guidelines 1. Government Procurement (Approved Procurement Units) Guideline 2002 (No 1). O O 2. Government Procurement (Principles) Guideline 2002 (as amended 2003 & 2004. O O 3. Government Procurement (Quotation & Tender Thresholds) Guideline 2004 (No1). O O Circulars 2001/04 Approved Procurement Units O O 2002/01 Construction Works Procurement Proposals O O 2002/02 Risk Management O O 2002/04 Staged Tender Evaluations O O 2002/06 Equal Employment Opportunity for Women in the workplace O O 2002/07 Privacy Issues in ACT Government Purchasing O O 2003/03 Implementation Private Provision of public Infrastructure Projects in the ACT O O 2003/04 Interest on Commercial Accounts O O 2003/05 Notifiable & Reportable Contracts O O 2003/06 Probity and Ethical Behaviour O O 2003/07 Moral Rights O O 2003/08 ANZ Government Procurement Agreement O O 2003/09 Debriefing Unsuccessful Tenderers O O 2004/01 Disposal of Assets O O 2004/02 Quotation & Tender Thresholds O O 2004/03 Industry briefings & Site Inspections O O 2004/04 Local Industry Consultation O O 2004/05 Managing financial risks through the use of Insurances, Indemnities and performance Guarantees O O 2004/06 Computer Software (Open Source) O O 2004/07 Environmentally Sustainable Procurement O O 2004/08 Contract Variations O O 2004/09 Ethical Suppliers Principle O O 2005/01 Australia – United States Free Trade Agreement O O 2005/02 Panel Contracts/Standing Offer Arrangements O O Version 19: issued June 05 (Insert procurement title) Procurement Officers should also be aware of the following documents: Other Yes – Aware Not Aware Tool Kits O O 1. ACT Government Procurement Framework O O 2. Case Law – Fair Dealing in Tendering O O 3. Private Provision of Public Infrastructure Projects in the ACT -Risk Allocation and Contractual Issues O O 4. Private Provision of Infrastructure Projects -The Public Sector Comparator O O 5. Procurement Plan $50k -$100k O O 6. Procurement Plan > $100k O O 7. Procurement (& Related) Acts, Policies, Guidelines & Circulars O O 8. Disposal of Assets O O Version 19: issued June 05 (Insert procurement title) Attachment 2 RISK MANAGEMENT The Risk Management Register, Risk Treatment Schedule and Plan, and Risk Action Plan should be assessed as outlined in Australian Standard AS/NZS 4360:1999 tables E1, E2 and E3 below Table E1 Qualitative measures of “Consequence” or impact (AS/NZS 4360:1999) LEVEL DESCRIPTOR EXAMPLE OF DESCRIPTION 1 Insignificant No injuries, low financial loss 2 Minor First aid treatment, on-site release immediately contained, medium financial loss 3 Moderate Medical treatment required, on-site release contained with outside assistance, high financial loss 4 Major Extensive injuries, loss of production capability, offsiit release with no detrimental effects, major financial loss 5 Catastrophic Death, toxic release off-site with detrimental effect, huge financial loss Table E2 Qualitative measures of “Likelihood” (AS/NZS 4360:1999). LEVEL DESCRIPTOR DESCRIPTION A Almost certain Is expected to occur in most circumstances B Likely Will probably occur in most circumstances C Possible Might occur at some time D Unlikely Could occur at some time E Rare May occur only in exceptional circumstances Table E3 Qualitative risk analysis matrix – level of risk (AS/NZS 4360:1999). Consequences Likelihood Insignificant 1 Minor 2 Moderate 3 Major 4 Catastrophic 5 A (almost certain) H H E E E B (likely) M H H E E C (possible) L M H E E D (unlikely) L L M H E E (rare) L L M H H E = Extreme Risk – Immediate action required. H = High Risk – Senior Management attention required. M = Moderate Risk – Management responsibility must be specified. L = Low Risk – Manage by routine procedures. Version 19: issued June 05 (Insert procurement title) RISK REGISTER Project:………………………………………………………………………………………………………………………………………………… Prepared by:..……………………………………………………….. Date: ……………………………… Reviewed by:………………………………………………………... Date: ……………………………… The consequences of an event happening Ref The Risk: What can happen and how it can happen Consequences (describe the consequence) Likelihood Adequacy of existing controls (good, adequate or none) Consequence Rating Likelihood Rating Level of Risk Risk Priority (Headings below are for guidance only Tendering Contractor Project Contract Management Version 19: issued June 05 (Insert procurement title) RISK TREATMENT SCHEDULE AND PLAN (For High and Extreme Risks) Project:…………………………………………………………………………………………………………………………………………. Prepared by:………………………………………………………….Date: ……………………………… Reviewed by:…………………………………………………………Date: ……………………………… The risk in priority order from Risk Register Possible treatment options Preferred options Risk rating after treatment Result of cost/benefit analysis A: accept B: reject Person responsible for implementation of option Timetable for implementation How this risk and the treatment option will be monitored Version 19: issued June 05 (Insert procurement title) RISK ACTION PLAN (This template is an alternative to the risk treatment schedule and plan, to be used for extreme risk procurements.) Item Ref Risk Summary – Recommended response and impact Action Plan Proposed actions Resource requirements Responsibilities Timing Reporting and monitoring required Prepared by: Date: Reviewed by: Date: Version 19: issued June 05 (Insert procurement title) Attachment 3 (This template is to be tailored to suit the requirement of the particular evaluation process. The information contained within the brackets and in italics is to be used as a guide only and should be either deleted or if retained put in normal text.) EVALUATION PLAN 1. Evaluation plan Aim This Evaluation Plan details the project timetable, Evaluation Team and their responsibilities, the evaluation methodology and evaluation criteria by which offers received will be evaluated. The request for tender or other documents must include evaluation criteria and methodology as set out here unless otherwise agreed by an APU or the Board. 2. Evaluation Team The Evaluation Team detailed below has been formed to evaluate the responses for the above project. All members of the Evaluation Team are aware of their responsibilities, the need to demonstrate impartiality and equity to all respondents. ROLE The Evaluation Team will be responsible for: a) maintaining probity; b) evaluating the responses in accordance with the criteria and methodology; c) documenting the evaluation process; d) preparing an Evaluation Report; e) seek Chief Executive or Delegate approval to proceed with a contract with the preferred respondent; and f) debriefing unsuccessful respondents. MEMBERS The Evaluation Team will comprise: Position Name Title Department Chairperson Member Member (Members of the Evaluation Team are personally appointed and should not be withdrawn or replaced without the approval of the Chief Executive or Delegate.) Version 19: issued June 05 (Insert procurement title) SPECIALIST ADVICE AND SUPPORT (delete clause if not applicable) The Evaluation Team may, as required, utilise specialist advice to assist in the evaluation process. The areas of experience may include: a) technical analysis b) financial assessment; c) probity; and d) legal issues. 3. Late responses [NOTE: The provisions in the RFT or other request document must be consistent with the approach that is selected.] How will late responses be handled? Example 1. Late tenders will not be accepted. Where a late tender is received, the time and date of receipt shall be noted on the document and endorsed by the recipient. However, the tender will not be assessed. Example 2. Where a late tender is received, the time and date of receipt shall be noted on the document and endorsed by the recipient. Late Tenders and incomplete Tenders may be admitted to evaluation at the absolute discretion of the Territory. In deciding whether to admit a late Tender to evaluation, the Territory may take into account any factors it considers relevant, including without limitation: a. whether the late Tenderer is likely to have had an opportunity to obtain some unfair advantage from late submission; b. how late the Tender is, the reasons given for lateness and evidence available; c. whether the Tender was mishandled by the Territory, by an official postal service or by a reputable delivery service; and d. evidence of unfair practices. 4. Evaluation process (Insert the full Evaluation methodology that will be used in the assessment of this project) Initial Compliance Statement (The Evaluation Team will examine each response/tender/submission received against the requirements of the RFT (or other request document) and the evaluation criteria. Clarification or additional information, for example, tenderer contact information, may be sought from tenderers where this information does not materially impact on the compliance of the tender.) Version 19: issued June 05 (Insert procurement title) Non-conforming responses Any response that does not comply with the request for tender or the Statement of Requirement documents or is incomplete may be deemed to be non-conforming and may be excluded from further consideration. Public Sector responses (update and or delete if not applicable) (Any responses received from Government bodies (local, State, Territory or Commonwealth) will be evaluated using the principle of ‘competitive neutrality’. ie responses should include all commercial costs that private sector organisations would include in their responses.) EVALUATION CRITERIA (The following are examples of threshold mandatory criteria and weighted criteria against which responses may be assessed. Each weighted criterion, other than price (unless the evaluation methodology proposed weighted price) has been allocated a weighting based on its relative importance. Delete what is not appropriate and insert your own criteria.) Possible threshold mandatory criteria and weighted criteria may include: Threshold Criteria Financial Capacity Environmental Issues Equal Employment Opportunities Price relative to budget Industrial Relations Policy compliance Ethical Suppliers Certification Weighted Criteria Past experience Technical capacity Innovation Customer Service Quality Assurance Version 19: issued June 05 (Insert procurement title) THRESHOLD MANDATORY CRITERIA PASS/FAIL WEIGHTED CRITERIA WEIGHTING TOTAL 100% 4.1 SCORING REGIME (use your agency’s preferred rating scale) (The Evaluation Team has adopted the following numerical scoring scale against which each Team member will assess the weighted evaluation criteria.) Rating Description Score (example) Excellent Exceeds requirements in all ways, with little or no risk 10 Very Good Meets requirements in all ways, exceeds it in some, little risk involved 8-9 Good Meets the requirement and is workable, acceptable risk 6-7 Marginal Nearly meets requirement, workable but may be deficient or limited in some areas, some element of risk. 4-5 Poor Offer is difficult to asses against criteria, high risk 1-3 Non-compliant Tenderer has either stated non-compliance, demonstrated non-compliance, or there is insufficient information to assess. 0 (The evaluation criteria weighting will be multiplied by the score to calculate a weighted score for each criterion for each response.) 4.4 POST RESPONSE CLARIFICATIONS /PRESENTATIONS The Evaluation Team may seek in writing clarification of responses received. All clarifications must be fully documented and appropriately filed. The evaluation Team may request short listed tenders to make a presentation in support of their tenders. All results of the presentation must be fully documented. Version 19: issued June 05 (Insert procurement title) 5. Evaluation Report EVALUATION REPORT (The Evaluation Team will prepare the following information for inclusion with the evaluation Report.) a) background to the process; b) the evaluation process, including comments and scores against each criteria; c) the order of preference of tenders; d) value for money; e) proposed methods for management of risks; f) identification of any issues which should be resolved by negotiation; and g) recommendations to the Chief Executive or approving delegate. 6. Letters of Decline/Debriefings Letters of decline will be sent to all unsuccessful tenderers. Letters of decline will include the following: i. a statement demonstrating the Territory’s appreciation for the submission received; ii. a statement demonstrating the Territory’s regret that they were unsuccessful on this occasion; iii. advice of public notification on the “Contracts Register”; iv. an offer to debrief; and v. encouragement to submit offers in the future. 7. Steering Committee (DELETE CLAUSE IF NOT APPLICABLE) (The recommendations and report of the Evaluation Team will be provided to the Evaluation Steering Committee.) The Evaluation Steering Committee will be responsible for confirming the final recommendations of the Evaluation Team. The Steering Committee will comprise: Position Name Title Department Member Member Member Member Version 19: issued June 05 (Insert procurement title) Attachment 4 PROBITY PLAN 1. PROBITY Definition: The principle of probity and ethical behaviour provides that: officers (referred to as “Public employees” in the Public Sector Management Act 1994) involved in purchasing activities are to act with honesty and maintain the highest ethical standards in all business dealings. Additional Information: Procurement Circular 2003/06 on Probity and Ethical Behaviour. 2. ETHICAL PRINCIPLES Ethical principles which underpin the Probity Plan are: 1. The tendering processes must be conducted with honesty, fairness and in good faith. 2. Any conflict of interest or potential conflict of interest will be managed as soon as possible after it has been declared or discovered. 3. Participants (that is those people conducting the procurement process, including those engaged in the evaluation process) must not engage in any practice, including an improper inducement, which gives anyone an improper advantage over another. 4. Tenderers must be prepared to attest to their probity, and not engage in any form of collusive practice. 5. Each potential tenderer must be subject to the same terms and conditions of tendering as every other potential tenderer with respect to any particular tender. 6. All requirements must be clearly specified in the tender documents and criteria for evaluation must be clearly indicated. 7. Evaluation of tenders must be based on the conditions of tendering and selection criteria defined in the tender documents and evaluation plans. 8. To protect the integrity of the procurement, appropriate standards of confidentiality must be maintained by all evaluation team members and key individuals. 9. All participants must meet their legal obligations. 3. PROBITY PROTOCOL CONFIDENTIALITY OF INFORMATION All documents and proceedings of the Tender Evaluation Team are ‘Commercial-in-Confidence’ and are to be secured when not in use by members of the Tender Evaluation Team. The disclosure of information contained in responses may prejudice the commercial interests of the companies concerned and the bargaining position of the territory during subsequent contract negotiations. Version 19: issued June 05 (Insert procurement title) HANDLING OF DOCUMENTS Maintaining the highest levels of confidentiality is essential to ensuring the probity and fair dealing within the purchasing process. Confidentiality is essential at all stages of the process and information should be provided to people outside the Team only on a ‘need to know’ basis. All information associated with the evaluation process is to be clearly marked ‘Commercial-in-Confidence’ and treated in that manner. The number of persons given access or having access to the information should be kept to an absolute minimum. Any requests for information regarding the offers and the evaluation should be addressed to the Chairperson of the Tender Evaluation Team. CONFLICTS OF INTEREST Tender Evaluation Team members are required by the Probity and Ethical Behaviour Circular to disclose any actual or apparent conflict of interest and take steps to avoid that conflict. The responsibility lies with each Tender Evaluation Team member to promptly identify and disclose to the chairperson any actual, perceived or potential conflicts of interest involving themselves, their immediate family or any other relevant relationship. Public confidence in the integrity and honesty of the ACT Government is crucial to the operation of the Government. A real or apparent conflict of interest can jeopardise that confidence. All disclosures of conflicts should be fully documented. OPTIONAL: AGREEMENTS/UNDERTAKINGS (DELETE IF NOT APPLICABLE) Where consultants (including Agency Agents) are engaged to provide specialist advice or undertake part of the evaluation of tenders they will be required to sign a Confidentiality Agreement and declare any conflicts of interest. All Agency officers are required to declare any conflicts of interest. COMMUNICATION WITH TENDERERS All communication with organisations external to the Tender Evaluation Team is to be approved by the Chairperson of the Tender Evaluation Team. All contact with Tenderers, for example requesting additional information or holding formal interviews, is to be conducted with prior approval of the Chairperson of the Tender Evaluation Team. Version 19: issued June 05 (Insert procurement title) RECORDING OF COMMUNICATIONS All communications with tenderers are to be documented and retained on file. Such communications shall not be revealed except in accordance with this Procurement Plan or the Conditions, i.e. the Conditions or Tender, published in the relevant procurement process documentation. 4. HOW ARE YOU GOING TO MANAGE PROBITY PROBITY ADVISER Explain how you will obtain independent professional probity advice on issues that arise during the tender process. If you elect not to appoint an independent private sector probity advisor explain what process you will undertake eg Peer Review. ………………………………………………………………………………. ………………………………………………………………………………. ………………………………………………………………………………. ………………………………………………………………………………. ………………………………………………………………………………. ………………………………………………………………………………. ………………………………………………………………………………. ………………………………………………………………………………. ………………………………………………………………………………. PROBITY AUDITOR If the procurement is for a high value, particularly sensitive and/or complex, unusual or contentious project and if a probity auditor is not engaged how will you verify: 1. that the procurement process complied with all aspects of the procurement proposal; 2. that any issues arising during the course of the process were adequately dealt with; and 3. that there are no outstanding probity issues. ………………………………………………………………………………. ………………………………………………………………………………. ………………………………………………………………………………. ………………………………………………………………………………. ………………………………………………………………………………. ………………………………………………………………………………. ………………………………………………………………………………. ……………………………………………………………………………….

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