Context

The process of receiving and recording tender submissions must be conducted in a manner that ensures the integrity, fairness and impartiality of the tendering process.

The tender delivery instructions must be clear to all prospective tenderers and the tender receipt arrangements are to be made as ‘failsafe’ as possible.

The following requirements detail the actions in managing the eTender Box and a physical tender box to receive tender submissions. Although the use of an eTender system is the preferred arrangement for managing tender, the availability or adoption of electronic system does not obviate the need for a physical tender box.

There will be situations where an intended procurement may require the submission of hard copy material in addition to electronic lodgement. Such situations would most likely be related to graphics/arts, architectural/town planning projects or where the agency is requires to sight an actual object or document.

Key Requirements

1. Appointment of Tender Officers to Manage the eTender Box and Physical Tender Box

eTender Box

Departments are to designate a minimum of two tender officers with responsibility for managing an electronic tender system.

The tender officers are responsible for:

• uploading the tender onto the Victorian Government Tenders website
• establishing an eTender box for each and every tender
• managing the uploading of supplementary information from the project manager during the tender period
• notifying registered tenderers of any changes (supplementary information, tender period changes, etc as directed by the project manager)
• recording and forwarding tender submissions to the project manager after close of tender in accordance with agreed operating procedures
• providing a tender management status report to the project manager if requested

Tender officers for the eTender box can list suppliers who have submitted responses but cannot view the contents of any response. This restricted level of access permits tender officers to inform the project manager of the level of interest or to verify an electronic transmission inquiry from a tenderer.

The electronic tender system will immediately inform a tenderer of having successfully submitted a tender. The electronic tender box will not permit the acceptance of a late tender as the tender submit facility is withdrawn. The project manager in consultation with the eTender officer could, in response to exceptional circumstances, consider extending the period for accepting tenders (or initiate other action) to account for any system or operating failure.

(Note – Section 3 Acceptance of a Late Tender in Exceptional Circumstances).

Physical Tender Box

Departments are to designate a minimum of two officers with sole responsibility for managing the physical tender box and its contents.

The officers are responsible for:

• opening the tender box at the scheduled closing time for a tender
• recording each and every tender submission
• forwarding all submissions to the project manager
• informing the project manager of any late tenders
• providing a tender management status report to the project manager if requested

Tender submissions for a specific tender deposited before the closing time are to be stored in a secure area and forwarded to the project manager at the official closing time for the relevant tender. This practice recognises that a single tender box may receive submissions for a number of tenders that close on different days.

The tender officer is to inform all tenderers who have successfully lodged a tender within 5 working days of the close of tender.

(Note – Section 3 Acceptance of a Late Tender in Exceptional Circumstances).

2. Provision of a Secure and Accessible Physical Tender Box
Each department is to:

• provide a secure clearly marked tender box for hard copy delivery
• the tender box must be in a location easily accessible to the general public and delivery services
• consideration is to be given to providing directional/information signage to the location of the tender box where departmental offices are in a shared facility or in a precinct of buildings or where delivery arrangements require security (scanning) checks prior to accessing the actual delivery area
• Note: The location and access to the tender box must take into account that security officers are not responsible for handling tender deliveries to a tender box.

3. Acceptance of Late Tenders in Exceptional Circumstances
The principle of equity and fairness in the management of the tender process requires that a late tender should not be accepted. However a late tender may be accepted given exceptional circumstances where the integrity of the tender process is not compromised.

A late tender may only be accepted if it can be clearly documented that there was a system failure/interruptions in case of the eTender system or that access was denied or hindered in relation to the physical tender box. (refer note below). The time period for acceptance of a late tender is not open ended and must take into account a point at which the integrity of the tender process could be compromised.

General considerations in managing a late tender acceptance:

• The eTender Box system will log system failure/interruptions and the project manager, in consultation with the eTender officer, should consider extending the period for accepting tender submissions having regard to the period and time of the system failure or impact of a major or critical incident. The revised closing time will establish a new tender submit facility after which time the no further submission of documents is possible.
• The tender officer is to use the eTender facility to inform all suppliers who have registered for the tender of any changes in the conduct of the tender and extension of the tender period. It is recognised that extending the electronic submission period would apply to all tenderers including tenderers affected by a major or critical incident or systems failure.
• In the case of the physical tender box, grounds for accepting a late tender relate to incidents or events that prevented or hindered access to the physical tender box (eg. access to the building was denied due to the conduct of a fire drill or emergency)
• A case may exist for acceptance of a late tender if the tenderer can clearly document and verify that delivery of their tender documents was prevented or hindered by a major or critical incident that occurred in the external environment.(refer note below)
• Responsibility for acceptance of a late tender resides with the project manager.

The integrity of the tender process would be compromised if:

• The tenderer is provided with an amount of extra time that provides an unacceptable advantage in comparison to compliant tenderers.
• Tender submissions have been distributed to the evaluation panel members that could compromise the confidentiality of compliant tender submissions.

Note:
The scope of situations that may constitute a major or critical incident could cover matters such as the scale of the incident, the area of impact (beyond a small localised area), the period an area was isolated, the period during which electronic transmission systems were out of action or destroyed, a utilities failure, the number of persons affected (a degree of seriousness), a emergency or disaster was declared under legislation/regulation/announcement, etc.

Consideration is to be given to the following steps in managing a late tender:

• tenderers are to be notified that their tender was received after the stated closing time as soon as possible and preferably within 2 working days after receipt of a late tender (refer note below)
• late tenders are to be kept in a secure location pending a decision on acceptance having regard to a case based on exceptional circumstances (refer note below)
• late tenders may only be accepted by the project manager in exceptional circumstances and on the condition that the integrity of the tender process is not compromised
• the general operating practice is for a late tender to be returned within 5 working days of receipt or within 5 working days after determination not to accept a late tender (refer note below)
• failure of the tenderer’s delivery arrangement (courier, postal services, etc) does not constitute grounds for the acceptance of a late tender unless exceptional circumstances apply
• a decision to retain the tender after the 5 working day period will depend on whether the tender has requested a review for acceptance given exceptional circumstances

Note: (for both methods of tender receipt)
The requirement to maintain the integrity of the tender process introduces a critical time constraint on the opportunity to consider acceptance of a late tender. Tenderers should be alerted to the need for urgency if they intend to pursue a case for acceptance given exceptional circumstances.

Other Requirements

1. Recommended Tender Acceptance Times
The preferred times for closing of tenders are:

• not before 2.00 pm (local time);
• not on a day following a public holiday

* these are not mandated times

2. Opportunity to Correct Unintentional Errors
Where a procuring entity decides to provide suppliers with opportunities to correct unintentional errors of form between the opening of the tender and the shortlisting of suppliers, the same opportunity is to be provided to all participating tenderers.

Related VGPB Policy and DTF Guidelines

VGPB Conduct of Commercial Engagements Policy

Related DTF Templates and Forms

Nil

Links to relevant websites

Nil

Version Control Information

Version Number	3.1
Release Date	November 2009
Further Information	Strategy and Policy, Government Services Division, Department of Treasury and Finance
Phone	(+613) 868 32944
Email	vgpb@dtf.vic.gov.au