Document ID: chunk:federal_register_of_legislation:F2024L00627:body:0:p17
Version: federal_register_of_legislation:F2024L00627
Segment Type: other
Provision Reference: 
Character Range: 47855–51114

that justified the use of limited tender; and
        3. a record demonstrating how the procurement represented value for money in the circumstances.

Request documentation
    10.6         Request documentation must include a complete description of:
       1. the procurement, including the nature, scope and the quantity of the goods and services to be procured or, where the quantity is not known, the estimated quantity, and any requirements to be fulfilled, including any specifications, conformity certification, plans, drawings, or instructional materials;
       2. any conditions for participation, including any financial guarantees, information and documents that potential suppliers are required to submit;
        3. any minimum content and format requirements;
       4. evaluation criteria to be considered in assessing submissions and, if applicable to the evaluation, the relative importance of those criteria;
       5. any dates for the delivery of goods or supply of services, taking into account the complexity of the procurement; and
       6. any other terms or conditions relevant to the procurement..
    10.7         However, relevant entities are not obligated to release confidential information, information sensitive to essential security or information that may impede competition.
    10.8         Relevant entities must ensure that potential suppliers and tenderers are dealt with fairly and in a non-discriminatory manner when providing information leading to, or following, an approach to market. Relevant entities must promptly reply to any reasonable request from a potential supplier for relevant information about a procurement, and when responding to such enquiries must avoid a potential supplier, or group of potential suppliers, gaining an unfair advantage in a competitive procurement process.

Specifications
    10.9         A relevant entity must not use specifications or prescribe any conformity assessment procedure in order to create an unnecessary obstacle to trade.
    10.10    In prescribing specifications for goods and services, a relevant entity must, where appropriate:
       1. set out the specifications in terms of performance and functional requirements; and
       2. base specifications on international standards, when they exist and apply to the relevant procurement, except when the use of international standards would fail to meet the relevant entity's requirements.
    10.11    Where an Australian standard is applicable for goods or services being procured, tender responses must demonstrate the capability to meet the Australian standard, and contracts must contain evidence of the applicable standards (see paragraph 7.26).
    10.12    A specification must not require or refer to a particular trademark or trade name, patent, copyright, design or type, specific origin, producer, or supplier, unless there is no other sufficiently precise or intelligible way of describing the requirement. In an exceptional 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