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(1) This Procedure supports the University of Newcastle's ( (2) This Procedure should be read in conjunction with the Procurement Policy, Quotation Procedure and the Aboriginal and Torres Strait Islander Procurement Strategy. (3) This Procedure applies to (4) Refer to the Procurement Policy for guidance in determining TCO. (5) (6) This Procedure should be read and understood by all (7) In the context of this document: (8) Business units wishing to proceed with a (9) The tender process will be facilitated by Strategic Procurement, using the strategic sourcing framework, outlined below: (10) For Restricted Use Agreements, a Procurement Plan will be developed by the business unit requiring the goods and/or services, supported by a Manager, Procurement, in accordance with the Procurement Policy, and approved by an authorised (11) For Common Use Agreements, a Procurement Plan will be developed by a Manager, Procurement, in accordance with the Procurement Policy, and approved by an authorised (12) Approval of the Procurement Plan will be subject to: (13) All (14) The (15) Where there is only one legitimate supplier that can meet the University’s operational requirements for a good or service, this may justify or necessitate an (16) For all other requirements whereby the purchasing staff member is seeking an exemption from the University’s Tender Procedure, an (17) All (18) Failure to apply for an exemption, or to submit an application for an exemption after an arrangement is entered into, will be considered a breach of this Procedure and will not be approved. (19) The relevant business unit will prepare the statement of work in relation to the goods and services, based on performance, design, and quality according to the nature of the (20) With reference to the Procurement Plan, Tender documentation will be prepared by a Manager, Procurement in consultation with the business unit initiating the procurement, and will clearly and accurately specify the: (21) The weighting of evaluation criteria will be determined using a methodology endorsed by the Associate Director, Strategic Procurement, that considers strategic (22) Although weightings, including sub-weightings, must be agreed before tender documents are issued, they do not need to be shared with potential suppliers. However, it is recommended that the overall technical and commercial weightings be included in the conditions of tender. (23) The prepared tender documentation must be Associate Director, Strategic Procurement and the business unit’s Contract Owner/Manager. (24) The tender must not be advertised until authorised to be issued. (25) All tender documents must be issued by a Manager, Procurement to potential suppliers via the (26) Each potential supplier will be given the same tender documentation including any background, supplementary, or amendment material issued during the tender process. (27) Communications during the tender process, including any pre-tender briefings/presentations and site inspections, will be handled with due regard for probity. Potential suppliers will receive the same information and time for response to ensure that no single supplier is given a potentially unfair advantage. This includes clarifications on any aspect of the tender, unless there are reasons relating to confidentiality or (28) Enquiries about any tenders will be handled and recorded by a nominated officer in Strategic Procurement. Phone enquiries will be accepted, but wherever possible all enquiries should be made in writing via the (29) Tender responses must be submitted in accordance with the (30) Tender responses must be submitted via the (31) The Tender Chair, in consultation with the business area, may in exceptional circumstances approve the extension of the tender closing date, in which case all potential suppliers will be notified in writing by Strategic Procurement. (32) The date on which each complete tender response is received will be recorded, and each response will be reviewed by a minimum of two (33) Each tender response that meets the (34) Panel members for both the Technical Evaluation Panel and Commercial Evaluation Panel may comprise (35) Panel members must comply with the (36) The Technical Evaluation Panel will be convened by Strategic Procurement and will consist of at least three members, subject to due consultation with key stakeholder(s) from the relevant business unit. (37) For asset related procurements, membership of the Technical Evaluation Panel will consist of: (38) For all other procurements, membership of the Technical Evaluation Panel will consist of: (39) The Commercial Evaluation Panel will be convened by Strategic Procurement and will consist of at least two subject matter experts, subject to due consultation with key stakeholder(s) from the relevant business unit. (40) All members of the Technical and Commercial Evaluation Panels, as well as any Strategic Procurement (41) The Technical and Commercial Evaluation Panels will be chaired by a (42) The Technical and Commercial Evaluation Panels will recommend a preferred proponent and document this recommendation in a method provided by Strategic Procurement with reference to the agreed evaluation criteria. (43) The Technical and Commercial Evaluation Panels recommendation for a preferred proponent should be unanimous, however, in the event that the Panel’s recommendations differ and this cannot be resolved, the matter will be referred by the Chair to the Associate Director, Strategic Procurement for advice. (44) In the event that several tender responses are assessed as being equal the (45) Negotiations will be undertaken at the end of the evaluation of tenders by the Contract Owner, and/or their nominee’s with support from Strategic Procurement. (46) The purpose of negotiations will be to achieve an agreement that is fair, equitable, meets the needs of both parties, and maintains or improves the relationship between the parties. (47) If, after negotiations, several proponents remain equal in their overall ranking, the successful proponent will be selected based on the following preferences and their order listed: (48) The financial viability and stability of a preferred proponent(s) will be assessed for engagements that are: (49) The proponent’s financial information will be treated as confidential. Strategic Procurement will coordinate the financial check. (50) Reference checks should be conducted on the preferred proponent(s) to validate the information provided in the proponent’s tender submission. A Manager, Procurement will coordinate reference checks which may also include a representative(s) from the business unit. (51) The Technical and Commercial Evaluation Panel’s process and recommendations will be documented in an Evaluation Report developed by a Manager, Procurement and will be reviewed by the Associate Director, Strategic Procurement to ensure that the tender process has been conducted in accordance with the approved Procurement Plan and (52) The Associate Director, Strategic Procurement will provide an assurance regarding the probity of the tender process and value for money, and will forward the recommendation and this assurance to the authorised (53) In the event that the Associate Director, Strategic Procurement has concerns or identifies issues in relation to the probity of the process, the matter will be referred to the General Counsel or Chief Operating Officer for advice and action. Advice regarding any residual probity concerns will be provided to the approving (54) An external probity advisor may be engaged by the (55) At any point in the tender process, the (56) Proponents who have lodged submissions for a tender that has been rescinded, or have indicated their intent to respond, will be notified accordingly by Strategic Procurement. (57) A tender contract will be awarded to the recommended proponent once approved by a (58) In the event that the recommended proponent is not endorsed by a relevant internal stakeholder (including the contract owner), they must provide the Associate Director, Strategic Procurement with details to justify their non-endorsement. If the matter cannot be resolved it will be referred to the General Counsel who will form an independent committee of three members to review the tender process and recommendation. The Committee membership will comprise an Executive Leadership Team member who is independent of the tender process, plus two other members nominated by the Chief Operating Officer. This independent committee will make a final determination in relation to the tender. (59) Strategic Procurement will advise the approved proponent in writing that their tender has been accepted, conditional upon the execution of a contract which will need to be satisfactory to the (60) All other proponents will be notified in writing by Strategic Procurement in a timely manner to advise that they have been unsuccessful. (61) The (62) Wherever possible the (63) The Legal and Compliance unit must review and approve all variations proposed by a supplier to a standard (64) The contract must be executed by an authorised (65) Failure to comply with the provisions of this procedure and the relevant delegations may be considered a breach of the Staff Code of Conduct. Tender Procedure
Section 1 - Introduction
Section 2 - Section 2 - Scope
Section 3 - Audience
Section 4 - Definitions
Top of PageSection 5 - Procedure
Tender Planning
Table 1 – Approaches to Tendering
Approach
Description
Call for Registration (CFR)
Used to seek details about potential suppliers of goods or services.
Expression of Interest (EOI)
Used primarily to determine the market’s ability or desire to meet the
Request for Information (RFI)
Used to collect written information about the capabilities of various suppliers to assist in refining the final scope and/or participants in a Request For Quotation (RFQ), Request for Proposal (RFP) or Request for Tender (RFT). An RFI is not an invitation to bid and is not binding on either party.
Request for Quotation (
Used when detailed specifications of the goods or service(s) are known, and competitive bids are to be evaluated mainly on price.
Request for Proposal (RFP)
Used to directly purchase goods or services when the
Request for Tender (RFT)
Used when the
Exemptions to Tender
Tender Documentation
Issue of Tenders
Communication During the Tender Process
Submission of Tender Responses
Receipt and Registration of Tender Responses
Assessment of Tender Responses
Evaluation Panels
Evaluation Outcomes
Due Diligence
Probity Assurance
Rescission of a Tender
Approval of Recommended Tenderer
Advising Tenderers of the Outcome
Execution of Contract
The Contract Owner will be responsible for ensuring that the contract to be executed reflects the negotiated commercial terms and conditions.Section 6 - Compliance