How to notify the market
- You must give suppliers as much advance notice as possible of an open or upcoming procurement.
- This will give them a chance to prepare properly, meaning you’ll receive better submissions.
- You should also include a pre-tender briefing for complex or significant procurements.
- As a general rule, you must advertise procurements electronically on eTendering.
- There are special requirements for notifying the market of covered procurements.
General rule on notifying the market
You must provide suppliers with as much notice as possible of upcoming and open procurements.
This makes the process fairer because it gives all suppliers, especially SMEs, the time they need to analyse the proposed procurement and develop a proper response.
You can give the market advance notice:
- via your Annual Procurement Plan (due 31 August each year)
- by publishing a proposed request for tender (RFT) on eTendering, or
- through other early industry engagement activities.
You must advertise open tenders electronically on eTendering unless exceptional circumstances call for print.
You may also advertise tenders on additional platforms, such as your agency website.
For complex or significant procurements, you should always provide a pre-tender briefing. This will give potential suppliers a better chance to understand your requirements.
You must also provide a pre-tender briefing when an SME or regional business makes a reasonable request for one.
You should consider giving pre-tender briefings to a group, not to individual suppliers. However the briefing is provided, you must make sure all suppliers have equal access to information.
Notifying the market of covered procurements
A covered procurement is any procurement covered by PBD-2019-05 Enforceable Procurement Provisions. If your agency is listed in Schedule 1, and the procurement is not exempt under Schedule 2, then your procurement is covered if it is for:
- construction services over $9.247m (ex GST)
- goods or any other services over $657,000 (ex GST).
Under PBD-2019-05, you must notify the market in the following ways.
Publish on eTendering
Most of the time, a covered procurement requires an open approach to market except in specific circumstances allowed in PBD 2019-05.
You must publish open approaches to market on eTendering.
Include information in the open approach to market
When you give notice on eTendering, you must include the following information, set out in clause 14 of PBD-2019-05.
- a description of the procurement, specifically the nature and estimated quantity of the goods and services you’re procuring
- an explanation of the process you will follow for the procurement
- a timeframe for when suppliers must provide the goods or services
- a summary of any conditions suppliers must meet to participate in the procurement, including any documents or certification you require
- your contact details, information on how to get procurement documents and the final date for lodging submissions
- a statement that you intend to negotiate with successful suppliers (if appropriate).
If using multi-stage procurement approach
In a multi-stage procurement, a group of short-listed suppliers usually provides further submissions. If you intend to use this approach, the open approach to market must include:
- a statement of intent saying you’ll invite further submissions from some suppliers and outlining the criteria you’ll use to select them, and
- your justification for limiting the number of suppliers on the shortlist.
Make procurement documents available
Where practicable, you must make all relevant procurement documents available for free by electronic means at the same time as publishing an open approach to market.
You can do this either through the eTendering platform or through any other method – such as your agency website – so long as you advise this in your approach to market.
The procurement documentation must include a complete description of the procurement including a full statement of:
- any conditions for participating in the procurement
- the evaluation criteria that will be used to assess submissions
- any other terms or conditions relevant to evaluating submissions.
You must promptly reply to any reasonable request from a supplier for further information, as long as this does not give the supplier an unfair advantage over other suppliers.
Procurement lists are similar to schemes
Procurement lists are similar to schemes. In this case, you must include the same information as you would for a multi-stage procurement.