Document ID: chunk:federal_register_of_legislation:F2024L00627:body:0:p18
Version: federal_register_of_legislation:F2024L00627
Segment Type: other
Provision Reference: 
Character Range: 50842–54048

circumstance when this type of specification is used, words such as 'or equivalent' must be included in the specification.
    10.13    A relevant entity may conduct market research and other activities in developing specifications for a particular procurement and allow a supplier that has been engaged to provide those services to participate in procurements related to those services. Relevant entities must ensure that such a supplier will not have an unfair advantage over other potential suppliers.

Modification of evaluation criteria or specifications
    10.14    When, during the course of a procurement, a relevant entity modifies the evaluation criteria or specifications set out in an approach to market or in request documentation, or amends or reissues an approach to market or request documentation, it must transmit all modifications or amended or reissued documents:
       1. to all the potential suppliers that are participating at the time the information is amended, if known, and, in all other cases, in the same manner as the original information; and
       2. in adequate time to allow potential suppliers to modify and re-lodge their submissions, if required.

Conditions for participation
    10.15    Relevant entities may specify conditions for participation that potential suppliers must be able to demonstrate compliance with in order to participate in a procurement or, if applicable, class of procurement. Conditions for participation must be limited to those that will ensure that a potential supplier has the legal, commercial, technical and financial abilities to fulfil the requirements of the procurement.
    10.16    Conditions for participation may require relevant prior experience when that experience is essential to meet the requirements of the procurement but must not specify, as a requirement, that potential suppliers have previous experience with the relevant entity or with the Australian Government or in a particular location.
    10.17    In assessing whether a tenderer satisfies the conditions for participation, a relevant entity must:
       1. evaluate financial, commercial, and technical abilities on the basis of the tenderer's business activities, wherever they have occurred; and
       2. base its determination solely on the conditions for participation that the relevant entity has specified in either the approach to market or the request documentation.
    10.18    A relevant entity may exclude a tenderer on grounds such as bankruptcy, insolvency, false declarations, or significant deficiencies in performance of any substantive requirement or obligation under a prior contract.
    10.19    Officials must make reasonable enquiries that the procurement is carried out considering relevant regulations and/or regulatory frameworks, including but not limited to tenderers' practices regarding:
       1. labour regulations, including ethical employment practices;
       2. workplace health and safety; and
        3. environmental impacts.

Minimum time limits
    10.20    Potential suppliers must be required to lodge submissions in accordance with a common deadline.
    10.21    Relevant entities must provide sufficient time for