The delegation of powers and functions allows for the efficient administration of the Government, while maintaining a strong accountability and control environment. In particular, delegations reduce the need for persons, such as the Minister responsible for Procurement and Accountable Officers, to personally attend to all powers and functions conferred on them by the Procurement Act. The provision of powers or functions to a delegated officer does not prevent the exercise of those powers or the performance of those functions by the person who delegated the power or function. For example, the Minister responsible for Procurement may still exercise a power provided under the Procurement Act, even though the power has been delegated. Delegations the Procurement Act are not to be further delegated. Delegations provided under the Act are specific to the delegated officer and cannot be further delegated (section 46A of the Interpretation Act). For example, where the Minister responsible for Procurement has delegated powers to an Accountable Officer, the Accountable Officer cannot delegate those same powers to another person. A delegated officer is to exercise delegated powers or functions in good and in the interests of the Northern Territory. For the purposes of the Procurement Act, a delegated or function is deemed to have been exercised or performed by the person who delegated the power or function. In this regard, a delegated officer is accountable to the person who delegated the power or function. As such, the application of the delegated power or function is to be in writing and needs to be undertaken in good faith, having regard to the interests of the Northern Territory.
Proposed level of usage of apprentices and trainees – this will promote achievement of Government’s broader strategic and community objectives and therefore add value through the procurement process. Proposed number of jobs for Territorians – the extent to which this is important will depend on the nature of the Supplies. Proposed number of jobs for local Indigenous Territorians – the extent to which this is important will depend on the nature of the Supplies. Accredited training programs supported by the Respondent/Tenderer – this be a higher priority in the procurement of certain types of Supplies. Proposed level of usage of local Indigenous enterprise – this will promote achievement of Government’s broader strategic and community objectives and therefore add value through the contract delivery. Regional development opportunities – this will be of greater significance in regional and remote areas of the Northern Territory. Northern Territory research and development undertaken or proposed – the extent to which this is relevant will depend on the nature of the Supplies. Building Northern Territory Industry Participation Plans – the extent to which this is relevant for Tier Six procurement. Timeliness The importance of Timeliness will vary significantly between Supplies. In many cases, Timeliness can be directly related to the requirement for a local presence or local industry capacity. A lack of planning, resulting in increased urgency of supply will not justify increased weighting applied to this category of Assessment Criteria. When considering the Percentage Weighting to be applied to the Assessment Criterion of Timeliness, the following may be relevant and weighted and scored accordingly: Completion/delivery time offered – available immediately may be an overriding factor in some instances. In other instances, when the Supplies can be completed/delivered may not be as important. Agencies need to consider the operational and financial effects of a delayed completion/delivery of Supplies in determining the importance of timing. Length or vulnerability of the supply chain – whether this is important or relevant will depend on the nature of the Supplies. Compliance with timeframes sought by Government – this needs to be considered with the timing requirements of the Agency and evaluated accordingly. Capacity The Capacity of Suppliers to deliver supplies is critical in every assessment. When considering the Percentage Weighting to be applied to the Assessment Criterion for Capacity, the following may be relevant, and weighted and scored accordingly:
Table of Amendments Amendment Detail Effective Date General Amended to reflect new Tier levels and Quotation requirements 30 March 2009 PO2.17 Amended to distinguish that PRB approval only required for Panel Period Contract arrangements with no rates 19 October 2009 2.6 IV (f) Replaced Indigenous Communities Organisations undertaking work in Indigenous Communities with Councils using 30% indigenous employment 1 July 2010 PO2.18 – PO2.21 Removed all provisions for Indigenous Community Organisations Introduced provisions for Shire Councils 1 July 2010 General Corrected references to Industry Capability Network (NT) Office to reflect name change Amended to remove the use of acronyms in the Directions and maintain consistency in the use of defined terminology Introduced Procurement Tier Removed duplication of the Direction in following explanations 1 July 2012 PO2.3 and PO2.12 Added as Direction formally stated as following explanations only, this has resulted in consequential adjustments to Direction numbering 1 July 2012 PO2.13 – PO2.14 Period Contracts clarified explanations 1 July 2012 Page 2 Standing Exemptions from Public Quotation and Tender process replaced incorrect reference to PR7 with PR8 1 September 2012 PO2.9 Included requirements for Tier Four Selected Tenders to be approved by PRB and Agency Minister 1 September 2012 PO2.12 Replaced incorrect reference to PR7 with PR8 1 September 2012 General Formatted for WCAG2.0 accessibility – changes to formatting, spelling, grammar and punctuation 1 January 2013
Request for Quotation/Tender Documentation Statement of Intent This Procurement Direction sets out the contents of Request for Quotation/Tender documentation. It also establishes the requirements in relation to the use of standard Conditions of Quoting/Tendering and Contract, forms and documents to be used for procurement of Supplies other than Tier One and Tier Two. Main Features Section 11 of the Procurement Act requires Accountable Officers and employees of Agencies to comply with the Procurement Directions. Request for Quotation/Tender A simplified Request for Quotation is to be prepared for all procurement activity for Tier One and Tier Two where a written request is issued. A Request for Quotation is to be prepared for all procurement activity in Tier Three. A Request for Tender is to be prepared for all procurement activity in Tier Four, Tier Five and Tier Six. Request for Quotation/Tender Invitation Period A Request for Quotation (Tier One and Tier Two procurement activity) will be open for a minimum two (2) business days. A Request for Quotation (Tier Three procurement activity) will be open for a minimum four (4) business days. A Request for Tender (Tier Four, Tier Five and Tier Six procurement activity) will be open for a minimum period of four (4) weeks. Where a Future Tender Opportunity has been published or prior approval from the Procurement Review Board has been given this period may be reduced to a minimum of two (2) weeks or as otherwise approved by the Procurement Review Board. Assessment Criteria and Percentage Weightings Assessment Criteria against which all Quotations/Tenders will be assessed will be included in the Request for Quotation/Tender. Percentage Weightings attributable to each Assessment Criteria will be determined prior to the release of the Request for Quotation/Tender. For Tier Three and greater procurement activity the Percentage Weightings shall be published. Conditions of Quoting/Tendering and Contract In procurement of Tier One and Tier Two Supplies Agencies will use simplified Conditions of Quoting and Contract where a written Request for Quotation is issued.
of Amendments Amendment Detail Effective Date General Amended to reflect new Tier levels and Quotation requirements Amended to clarify differences between Conditional, Qualified and Alternative Quotation/Tenders 30 March 2009 General Amended to remove the use of acronyms in the Directions and apply consistency in use of defined terminology Introduced a sixth procurement Tier 1 July 2012 PO8.3, PO8.11 and PO8.17 as a Direction formally stated as following explanation only 1 July 2012 PO8.6 Industry Participation Plans added omitted Direction numbering This previous change have resulted in consequential adjustments to Direction numbering 1 July 2012 PO8.10 Amended to include no conforming offers received 1 July 2012 PO8.16 (II) Amended to clarify (b) and include (d) (allowed under conditional/qualified offers) 1 July 2012 PO8.19 Added to clarify where validity is not extended prior to expire date the Quotation/Tender lapses 1 July 2012 General Formatted for WCAG2.0 accessibility – changes to formatting, spelling, grammar and punctuation 1 January 2013 PO8 p1 Change in formatting 20 March 2013