engaging tender participants from the market through processes such as expressions of interest, tenders and quotations. This includes preparing any documents needed for these processes, and the process of assessing the offers received; determining the terms of engagement and contracts used to engage tender participants; managing the engagements, including administering contracts; reporting on the performance of suppliers; and publishing the details of the procurement undertaken. When the Directions do not apply The Directions do not apply to: grants; investments; loans; sale by tender, such as land sales; hiring of employees; transactions where the asset being procured is not a fixed asset acquired by the Agency; or acquisition of Works or Construction Services from another public body or government owned entity, except where the public body or government owned entity is a participant in a competitive tender process. When it is not clear if the Directions apply Sometimes it may not be clear and Agencies may have to decide on the most appropriate way to categorise what is being procured and whether it meets the definition of Public Construction Procurement. Defining Public Construction (Guidance 1.3b) provides more information about the scope of activities that are included or excluded from Public Construction Procurement. Be sure to document any decisions that categorise whether or not the procurement is Public Construction Procurement and the reasons for that decision. If the Directions for Public Construction Procurement do not apply to a procurement: For Agencies that are apply the . For other Agencies apply the goods and services procurement policies of the Agency. Once a decision is made, follow the relevant procurement rules consistently throughout the procurement process. Does the Agency have to comply with the Directions? There are two classes of Agencies for the purposes of the Directions: Agencies that must comply with the Directions directly; and Excluded Entities that are not required to comply with the Directions. Agencies that must comply with the Directions The Directions apply to all Agencies other than those identified as Excluded Entities. Agencies that must comply with the Directions are the same as those in scope for the Standing Directions of the Minister for Finance 2016. The factsheet lists covered Agencies. Excluded Entities that are not required to comply with the Directions The following Agencies are Excluded Entities: any school council constituted under Part 2.3 of the Education and Training Reform Act 2006 (Vic); any incorporated committee of management, unless the committee is listed in the Instructions;
avoid requesting the same information in a tender process because this duplicates the prequalification process; require the tender participant to confirm that they remain on the Register; and require tender participants to confirm that their circumstances or response to the criterion remains the same as when last submitted to the Register or earlier tender stage. Value for money Value for money should focus on the costs and benefits of the response, as well as the risks associated with the proposal and the tender participant itself. Refer to the Victorian Government Purchasing Board’s for more information. Occupational health and safety management The mandatory occupational health and safety management criteria are set out in Attachment 1 to Instruction 3.7. Occupational health and safety management criteria must be used: for Works, where the value exceeds $500,000 (inclusive of GST); and for Construction Services, where the value of the services exceeds $200,000 (inclusive of GST). See the Checklist for occupation health and safety management for more information about these criteria. Industrial relations management The mandatory industrial relations management criteria are set out in Attachment 2 to Instruction 3.7. Industrial relations management criteria must be used for Works where the value exceeds $500,000 (inclusive of GST). See the Checklist for industrial relations management for more information about these criteria. Considering a tender participant’s past performance Consideration of past performance may include: experience on similar projects and performance; references provided by the tender participant; or performance reports about the tender participant from previous work that are held by the Agency or the Victorian Government. Project specific evaluation criteria Project-specific evaluation criteria: relate to the complexity or unique characteristics of the project; often address potential risks or uncertainties and quality of design: including accurately interpreting functional requirements; cover the ability to incorporate innovation, environmentally sustainable design or a level of flexibility; apply government social procurement policies; address specific site requirements; address how time frames will be met; demonstrate expertise in a construction method; or address how security requirements will be met. Project-specific evaluation criteria may be mandatory - for example, if a tender participant is required to hold a particular licence. Project-specific mandatory evaluation criteria must be clearly described as being mandatory.