Procurement Update - Post Tender Negotiation - May 2016

The trainer, Joel Hillier of ArcBlue Consulting, has extensive experience working for both Queensland State Government and Queensland Rail. He explained that as long as the following clause or something similar is contained in the Conditions of Tender it is in order to enter into post-tender negotiations with short-listed Respondents.

“Clarifications and variations

The Principal may issue to Respondents before the Closing Time:

  • Additional information; and
  • Information clarifying or correcting information previously provided

to assist them in preparing their Submissions.

If the Principal issues information to Respondents under this clause, each Respondent must take the information into account in the preparation of its Submission.

After the Closing Time, the Principal may (without limiting its options):

  • Request clarification or further information from any Respondent; and
  • Invite all Respondents to change their Submissions in response to an alteration to the Specification or any of the terms and conditions of the Contract; and
  • Negotiate with one or more Respondents upon any aspect of their Submissions.”

Please note – an important clarification:

Negotiation is not – Disclosing tenderer names, dollar values or submission details to other tenderers

Negotiation is – A process aimed to give short-listed tenderers an equal opportunity to respond to feedback and review their offers so as to ensure that each tenderer has put forward their best and final offers.

Please note also - Negotiation is not just about the price but is also about finding the best overall solution. A negotiation process based on multiple rounds of parallel negotiation is considered the best way to fairly assess tenderers offers and obtain value for money with public funds.

We understand that ArcBlue do offer a negotiations training course – please contact me at email/a.hancock)( should your Council wish to explore this further.