Request Development and Contract Formation Guidelines

These procurement guidelines assist State agencies buying goods, services, Community Services and works with Request development and contract formation

The Request Development and Contract Formation Guidelines are designed to assist procurement practitioners through the tendering process, including contract award.

The procurement process, when done incorrectly, can represent significant risk to the Western Australian Government. In addition, poorly defined specifications, with unenforceable performance requirements, will mean that procurement outcomes do not represent value for money.

These Guidelines will help procurement practitioners to:

  • Complete appropriate tender documents for their purchase;
  • Draft an effective specification, with enforceable performance requirements;
  • Properly evaluate offers; and
  • Award contracts.

For the complete list of guides see the Procurement Guidelines.

Completion of Request Documents – Specifications, Performance Requirements and Selection Criteria

Western Australian Procurement Rule D1.2 requires State agencies to use an appropriate form of contract for their purchase. 

The State’s standard form of contract precedents can be found on the wa.gov.au website. 

State agencies may elect to use a procurement method corresponding to a higher threshold. For example, a State agency can elect to use open tendering where only Written Quotations are required without seeking an exemption.

The Western Australian Procurement Rules also contain requirements in relation to promoting competition. 

This Guideline provides further information on:

  • defining specifications;
  • performance requirements; and
  • selection criteria.

ICT liability

This Procurement Guideline outlines a recommended approach for establishing appropriate limits on the liability of suppliers, for use by State agencies engaged in the procurement of Information and Communications Technology. 

Approaching the Market

Western Australian Procurement Rule D3.1 requires State agencies to use Tenders WA to advertise tenders that are issued as Open Advertisements. 

This Guideline includes information on:

Evaluation of Offers

Western Australian Procurement Rule D5 provides detail on what to do when evaluating offers. 

The overarching principles, outlined in the Rules, stat that as an assessment of offers must be undertaken in a manner appropriate for the value, risk and complexity of the procurement and in accordance with the criteria and process in the Request. 

This Guideline provides information on:

  • evaluation panels;
  • acting as references for tenderers;
  • negotiations; and
  • evaluation reports.

Awarding Contracts

Western Australian Procurement Rule D8.1 requires State agencies to publish contract award details on Tenders WA. The Rule specifies what information must be published; and when. 

Western Australian Procurement Rule D8.2 provides an exemption from the release of award details where an authorised officer determines (and justifies in writing) that the release of the information would prevent significant operational risk. Significant operational risk is defined in the rules.

Western Australian Procurement Rule D9 also contains a requirement to debrief suppliers.

This Procurement Guideline provides information about Awarding Contracts including publishing Contract Award details and debriefing suppliers.

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