Northern Territory Government
Frequently Asked Questions
FUTURE TENDER OPPORTUNITIES
Q. Does the advertisement of an FTO mean that a project will definitely go ahead?
A. The advertising of a potential project as a Future Tender Opportunity does NOT mean that it is certain to proceed to Tender. Whilst every endeavour is made to ensure that projects that are advertised do proceed, there will be instances where they cannot for one reason or another. The Future Tender Opportunity pages have a disclaimer that clearly states that the projects advertised are for reference purposes only and that no guarantee is given that a project will proceed to Tender.
NORTHERN TERRITORY INDUSTRY CAPABILITY NETWORK (NTICN) CONSULTATION
Q. What use does the NTG make of the NTICN?
A. The NTICN is an industry-based incorporated association, owned jointly by the Chamber of Commerce Northern Territory Inc and the Territory Construction Association Inc, which promotes and supports local Suppliers.
The NTICN maintains a database cross-referencing Northern Territory Suppliers, products and services and is also able to assist by identifying interstate sources of supply through the national body ICN Limited Network.
When conducting Market Testing, Agencies should use the NTICN as a resources when sourcing requirements to ensure that potential Northern Territory Suppliers are not overlooked.
NTICN will be consulted where Quotations are to be sourced from interstate Suppliers for Tier One, Two and Three Supplies.
TENDER LODGMENT
Q. What if all pages of my tender aren't lodged by 2.00pm on the closing date?
A. The documents that will be considered will be those physically received by the closing time and date. Any other documents WILL NOT be considered.
An example would be where a tender is being transmitted by fax and is only partially received by 2:00pm. The pages physically received by the closing time and date will be reviewed, and a determination will be made whether the documents form a tender that is able to be admitted for assessment. Any document that is transmitted after the closing time and date will not be considered.
For further information refer to Procurement Direction PO6 (Receipt of Tenders, Admissibility of Tenders and Appeals).
TERMS AND CONDITIONS
Q. Should I lodge my own terms and conditions with my tender response?
A. Tenders may request changes to the Conditions of Contract applicable to this Request for Tender (RFT), or propose alternative Conditions of Contract only if the RFT states that this is allowed.
Where Tenderers request changes to the Conditions of Contract or propose alternative conditions, they must clearly specify in the Tender Form that changes to the Conditions are being requested or that alternative conditions are being proposed.
Where Tenderers request changes to the Conditions of Contrct or proposed alternative conditions of contract, they do so at their own risk, as the changes will be deemed to have formed part of their offer and their Tender will be assessed on that basis. If the requested changes or the alternative conditions included in a Tender are not acceptable to the Principal, the Tender will not be successful.
If the RFT states that the changes to the Conditions of Contract or alternative conditions are not allowed, then Tenderers may not request changes to the Conditions of Contract applicable to this RFT, or propose alternative conditions of contract. If a Tenderer does so, their Tender will be deemed non-conforming and will not be considered.
This clause does not allow Tenderers to request changes or propose alternatives to the Conditions of Tendering applicable to this RFT. Any Tenderer who attempts to do so will have their Tender deemed non-conforming and set aside.
Nothin in this clause affects the Principal's right to negotiate with one or more Tenderers, as provided for in the RFT.
EXEMPTIONS
Q. How will value for money be achieved when there is now a blanket exemption from tendering for indigenous community organisations?
A. The Government, as part of its procurement activity, has endorsed a policy where it aims to develop indigenous community organisations to a stage where they can be competitive in an open tender process. This policy allows indigenous community organisations to undertake work within their community boundaries provided they are willing and considered capable of undertaking the work.
The manner in which Value for Money will be achieved in these circumstances will not necessarily be measured in dollar terms but in terms of local employment, development of the locally based industry and training and apprenticeship opportunities.
Where the indigenous community is not willing or is assessed as not capable of undertaking the work, the preferred course of action will be that this work goes to public tender. The assessment for Value for Money will be undertaken in accordance with the Procurement policy regarding Tender Assessment and in accordance with that specified in the Tender Document. The outcome is not based on price alone.
For further information refer to Procurement Direction PO1 (Value for Money Procurement) and PO8 (Tender Assessment).
ASSESSMENT CRITERIA
Q. What does Value for Money mean?
A. Value for Money is a term used to describe the outcome that government is aiming for in all of its procurement activities. It is the key procurement objective, and there is now a renewed emphasis on achieving value for money through planned procurement processes, including a structured tender assessment phase. Value for money means considering a range of factors in making a procurement decision, and entails a shift away from the selection of the lowest priced offer in competitive tender projects.
For further information refer to Procurement Direction PO1 (Value for Money Procurement).
Q. With reference to the Local Development assessment criteria, what do you see as the difference between local and Darwin-based companies?
A. The question is not what are the differences between local and Darwin-based companies but what each tenderer is incorporating in the tender proposal and bringing to the Territory, and where relevant, local regional economy in terms of training, development, long term employment etc. The definition of local and Darwin-based is irrelevant.
Q. How does the Buy Territory policy fit in with the Competition Policy and Free Trade Agreements?
A. The Buy Territory policy was announced in May 2005 as an initiative of the Northern Territory government to assist local businesses as much as possible in the context of the various Agreements that are in place. The Buy Territory policy is not infringing on or in contradiction to any other national or international policies.
For further information refer to Procurement Direction PO1 (Value for Money Procurement).
Q. What weighting will be allocated to Local Development in the tender assessment?
A. Local Development, the assessment criteria that is linked to the Buy Territory policy, is always allocated a minimum weighting of 20%. It may have a higher weighting, if the agency believes that this is appropriate, and this will depend on the nature of the purchase, but it will never be allocated less than 20% of the total 100% assessment.
For further information refer to Procurement Direction PO1 (Value for Money Procurement).
CAL ACCREDITATION
Q. What if CAL is slow in progressing my application for a CAL upgrade?
A. The policy states that 14 calendar days have been allowed from the Tender closing date for a Tenderer to upgrade its CAL accreditation and provide proof of upgrade to the Agency Project Officer.
It is the Tenderers responsibility to ensure that CAL is provided with all necessary information to enable CAL to undertake a review of the accreditation you currently hold and make a decision of any upgrade in sufficient time to have it approved by the CAL Board.
If after 14 calendar days after the close of the tender proof of an upgrade in CAL accreditation to meet the requirements of the Tender has not been received by the Agency Project Officer responsible for that Tender, the Tender submission will be considered non-conforming and not admitted for assessment.
Q. Should I wait until I submit my tender before I apply for a CAL upgrade?
A. Tenderers are advised that they should be pro-active and apply for an upgrade in their existing CAL category as soon as it becomes evident that their tendered price will be in excess of their current accreditation level. This will assist CAL by providing maximum time to process the application. Remember that you can only apply for an upgrade in your existing CAL category under this rule.
For further information refer to Procurement Direction PO4 (Defining Supplies and Estimating their Value).
GAZETTAL
Q. What value contracts will I see publicised in the Gazette?
A. Gazettal of certain contracts is a requirement under the Procurement Act.
The rules relating to Gazettal of Contracts awarded are:
a. Contracts awarded for Tier Three, Four or Five supplies (ie. those in excess of $10 000) are required to be Gazetted except where otherwise approved by the Procurement Minister.
b. Contracts awarded are not to be published in the Gazette where:
- the Supplies are provided by the Government, the Commonwealth or a State or another Territory of the Commonwealth;
- the Supplies are obtained under an existing Period Contract; or
- publication of the details is, in the opinion of the Procurement Minister, contrary to public interest.
Further information is available by reading Procurement Direction PO9 (Contract Award and Gazettal).
CONTRACT VARIATIONS
Q. How quickly can variations be approved and work continued under an existing contract?
A. Contract Variations will be processed as quickly as is allowed by Agency procedure, and Agency/Contractor co-operation, bearing in mind that the Agency needs to obtain both approval for the work to be carried out as part of a project, as well as approval of the funding (if any) for the additional work. Work should not commence on any deliverables which are subject of a contract variation until a signed variation is completed. All Variations must accord with the scope of the original contract and be prepared in accordance with the Conditions of Contract. Where no Clause exists in a contract relating to Variation of the Contract, the contract may be varied by mutual agreement between the parties. This is to be in writing.
COMPLAINTS
Q. How do I lodge a complaint about a specific tender or the procurement policy?
A. There is now a single point of contact via which suppliers can lodge complaints about specific tenders, or about any aspect of the government's procurement policy. This is the Procurement Liaison Office located in the Department of Business, Economic and Regional Development (DBERD), who will register, track and report on your complaint to the Procurement Review Board. Your complaint will be investigated by the relevant agency in the first instance, and there are mechanisms available to escalate your complaint if you are still not satisfied after the agency's investigation. Contact the Procurement Liaison Office to lodge a complaint.
For further information refer to Procurement Direction PO11 (Complaints Management).