Develop rules for the invitation

Why develop rules for the invitation?

Rules or conditions for the invitation describe how the procurement will be conducted. These rules or conditions describe how:

• the invitation will be run
• the invitation will be evaluated
• who to contact for help

Rules and conditions support procurement that is:

• open
• transparent
• fair
• accountable

A well-designed conditions of invitation helps mitigate some of the risks identified in Analyse risks.

How to develop rules and conditions

Step 1: Check if templates are available

Construction

For construction, use the template Request for tender conditions when using contracts for:

• Construct only, with VPS special conditions of contract for AS2124-1992
• Design and construct, with VPS special conditions of contract for AS4300-1995

For construction, use of the template Request for tender conditions is recommended for other form of contract.

Goods and services

Use of the template Invitation to supply documents is highly recommended.

See Develop an offer template for more information.

Step 2: Prepare initial draft

Prepare the initial draft, drawing on:

• Define the need
• Determine the procurement method
• Plan for evaluation
• Plan to engage suppliers

The invitation rules and conditions contain:

• Terms and conditions – do not amend these
• Schedules or annexures – use these to record information specific to the invitation

Step 3: Include procurement-related policies

Include model clauses for procurement-related policies when these policies apply. Some templates include these model clauses. For other templates, add the model clauses.

Draw on Plan for procurement-related policies.

Step 4: Consult with key stakeholders

Consult with the following:

• project sponsor
• subject matter specialists
• members of evaluation team, if known at the time

Step 5: Revise draft, if required

Revise draft request for tender conditions, if required.

Step 6: Administrative approval

Seek administrative approval for the rules of the invitation from the project sponsor.

Obtain this administrative approval before approaching the market.

Consider:

Manage probity and conflicts of interest

Manage probity – consider issues raised at Probity issues by stage and task.

Conflicts of interest can arise during this task. Identify, declare, and manage these.

Address Agency rules

Consult Agency procurement team for advice on meeting:

• procurement rules and policies
• Agency specific rules and policies

Follow Agency specific rules on when to seek an approval and who can give the approval.

Follow Agency specific rules for recording decisions and storing records.