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3 - Approaching the market

Up one level

How do I openly advertise?

Rule 32 - Open advertising

Rule 33 - GETS listing

Rule 34 - Notice of Procurement

Rule 35 - Content of Notice of Procurement

Rule 36 - Other tender documents

Managing the procurement process

Rule 37 - Responding to queries

Rule 38 - Additional information

Rule 39 - Changes to process or requirements

Evaluating responses

Rule 40 - Treatment of responses

Rule 41 - Reasons to exclude a supplier

Rule 42 - E-auction

 

Rule 32

Open advertising

  1. Under Rule 14 an agency must openly advertise a contract opportunity unless an exemption under Rule 15 applies.
  2. To openly advertise, an agency must do all of the following at the same time:
    a.  list the contract opportunity on GETS (Rule 33)
    b.  publish a Notice of Procurement on GETS (Rules 34 and 35) and it must make it available free of charge
    c.  provide access to all relevant tender documents (Rule 36) and it should make them available free of charge.

Rule 33

GETS listing

  1. The GETS listing must attach the Notice of Procurement and contain the following information:
    a.  the agency’s name
    b.  the name of the contract opportunity
    c.  the type of procurement process (eg Request for Tender)
    d.  the relevant GETS tender watch code/s
    e.  the deadline for responses from suppliers
    f.  the address for enquiries and the name of the contact person
    g.  a list of any other tender documents that aren’t available on GETS and details of how suppliers can get them.

Rule 34

Notice of Procurement

  1. The Notice of Procurement must:
    a.  be published on GETS
    b.  be available on GETS until the deadline for supplier responses
    c.  contain all of the information required under Content of Notice of Procurement (Rule 35).
  2. A Request for Information (RFI) is not a Notice of Procurement. It is a market research tool. Agencies must not use a Request for Information to select or shortlist suppliers.

Rule 35

Content of Notice of Procurement

  1. Each Notice of Procurement must contain all of the information that suppliers need to prepare and submit meaningful responses.
  2. Each Notice of Procurement must clearly identify which procurement process is being used (eg Request for Quote or Registration of Interest followed by a Request for Tender).
  3. Subject to Rule 35.4, each Notice of Procurement must contain the following information:
    a.  the agency’s name and address
    b.  the name and contact details for the agency’s contact person
    c.  a description of the goods, services or works and any technical specifications, plans, drawings or instructions, or a description of the outcomes the supplier is expected to deliver
    d.  the quantity (if known) or estimated quantity of the goods, services or works
    e.  the estimated timeframe for delivering the goods, services or works, or the estimated length of the contract and any options relating to the length of the contract (eg 3 + 2 + 1 years)
    f.  any service levels, response times or other performance measures suppliers will need to meet
    g.  any conditions for participating in the procurement process including any pre-conditions (Rule 25) or certificates or standards the supplier must meet
    h.  any limitations on the number of suppliers that may be shortlisted
    i.  all evaluation criteria the agency will use to assess responses
    j.  unless the price is the only criterion, an indication of the relative importance of each evaluation criterion
    k.  the deadline and address for submitting responses
    l.  any restrictions or instructions on how suppliers are to submit responses (eg faxes will not be accepted) or details of how responses are to be submitted through an e-procurement system
    m.  any other terms or conditions relating to the procurement or the procurement process
    n.  if the procurement will be conducted electronically (eg using e-tender software), all the information suppliers will need to participate electronically
    o. if the procurement may involve an e-auction, the rules of the e-auction and all of the information and training suppliers need to participate in the e-auction (Rule 35.4.c and Rule 42).
  4. For a multi-step process, more information or details may be contained in the Request for Tender or Request for Proposal that follows the Notice of Procurement, eg:
    a.  a more complete description of the goods, services or works
    b.  the detailed evaluation criteria the agency will use to award the contract
    c.  full instructions on how the e-auction will be conducted.
     

Rule 36

Other tender documents

  1. Other tender documents are documents that are relevant and essential to the procurement.
  2. These documents may be included in the Notice of Procurement as annexes. If they are standalone documents, they may also be referred to in the Notice of Procurement.
  3. An agency should make other tender documents available to suppliers at the same time the GETS listing and the Notice of Procurement are published. Where possible, they should be uploaded as attachments to the GETS listing. This will count as an allowable reduction (Rule 28) to the minimum time period (Rule 27).
  4. If other tender documents can’t be made available on GETS, agencies must state in the GETS listing how suppliers can obtain a copy (eg by requesting a hard copy or by referencing an e-procurement system where the document is freely available). An agency must promptly provide a copy, to any supplier who requests one, or provide instructions on how to obtain one from an e-procurement system.

Rule 37

Responding to queries

  1. Suppliers may ask questions about any Notice of Procurement.
  2. An agency must promptly reply to all questions and reasonable requests for information from suppliers. If an agency is unable to promptly reply to a question, it should consider extending the deadline for responses.
  3. When an agency responds to a supplier’s question, it must not give information that might give that supplier an unfair advantage over the other suppliers. If an agency wishes to disclose advantageous information, it must make it available to all suppliers at the same time.
  4. When an agency responds to a supplier’s question, it must not discuss or disclose another supplier’s confidential or commercially sensitive information.

Rule 38

Additional information

  1. An agency may make additional information available to all participating suppliers after a Notice of Procurement is published on GETS and before the deadline for responses closes.
  2. An agency may publish additional information on GETS or, following a shortlisting, send copies to all participating suppliers.
  3. An agency must make additional information available to all participating suppliers at the same time.

Rule 39

Changes to process or requirements

  1. An agency may make changes to its procurement process or its requirements after a Notice of Procurement has been published on GETS and before the deadline for responses closes.
  2. An agency must notify all participating suppliers of any changes to the procurement process or requirements. An agency must publish all changes on GETS or, following a shortlisting, send them to all participating suppliers.
  3. An agency must make all changes available to all participating suppliers at the same time.
  4. An agency must give suppliers enough time to respond to the changes. This may mean extending the deadline for responses, or allowing suppliers who have already submitted their responses a fair opportunity to change their responses.

Rule 40

Treatment of responses

  1. An agency must have in place procedures that guarantee that all suppliers’ responses are treated fairly. This includes receiving, opening and evaluating responses.
  2. To be considered for an award of contract, a supplier must:
    a.  submit its response in writing (this can be through electronic means such as email or an e-procurement system)
    b.  comply with all pre-conditions (Rule 25) if any, or other conditions for participating in the contract opportunity.
  3. An agency must not penalise a supplier who submits a late response, if the delay is solely the agency’s fault.
  4. If, after opening the responses but before completing the evaluation, an agency offers a supplier the opportunity to correct unintentional errors, it must offer the same opportunity to all participating suppliers.

Rule 41

Reasons to exclude a supplier

  1. An agency may exclude a supplier from participating in a contract opportunity if there is a good reason for exclusion. Reasons for exclusion include:
    a.  bankruptcy, receivership or liquidation
    b.  making a false declaration
    c.  a serious performance issue in a previous contract
    d.  a conviction for a serious crime or offence
    e.  professional misconduct
    f.  an act or omission which adversely reflects on the commercial integrity of the supplier
    g.  failing to pay taxes, duties or other levies
    h.  a threat to national security or the confidentiality of sensitive government information
    i.  the supplier is a person or organisation designated as terrorists by New Zealand Police.
  2. An agency must not exclude a supplier before it has evidence supporting the reason for the exclusion.

Rule 42

E-auction

  1. An agency may run an e-auction after its initial evaluation of proposals. An e-auction is a scheduled online event where suppliers bid against each other on price, quality or other quantifiable criteria.
  2. An agency must notify suppliers in advance if it intends to run an e-auction. This advance notice must be in the Notice of Procurement and must include:
    a.  a summary of the rules that will apply to the e-auction
    b.  the specific criteria that will be used in the e-auction.
  3. The automated evaluation method used in an e-auction must be based on the criteria set out in the Notice of Procurement.
  4. Before beginning an e-auction, an agency must provide each participating supplier with:
    a.  a summary of the results of its initial tender evaluation
    b.  the automated evaluation method that will be used to re-rank suppliers based on their e-bids
    c.  the formula that the automated evaluation method is based on
    d.  any other relevant information about how the e-auction is run.
  5. An agency must offer to train each participating supplier to use the hosted e-auction website or the e-auction software before the e-auction begins.

Last updated 22 April 2015