Procurement guide: selling to the Queensland Government

Selling to the
Queensland
Government
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PROCUREMENT GUIDANCE Selling to the Queensland Government
© Queensland Government Chief Procurement Office (Department of Public Works), April 2010.
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PROCUREMENT GUIDANCE Selling to the Queensland Government
Table of contents
1
How this guide can help you ....................................................................... 4
2
How Queensland Government procurement works.................................. 5
3
How to win government business............................................................... 5
3.1
Know where the buying happens.................................................................. 6
3.2
Find supply opportunities ............................................................................. 7
Tender search services............................................................................................... 8
3.3
Market your company .................................................................................... 8
Advertising .................................................................................................................. 9
3.4
Make your best offer ...................................................................................... 9
Things to think about when responding to offers......................................................... 9
Clarifications ............................................................................................................. 12
3.5
Conduct post-offer dealings........................................................................ 13
3.6
Debriefings.................................................................................................... 13
4
Managing the contract ............................................................................... 14
4.1
Overdependency on government business ............................................... 14
5
What to do if you have a complaint .......................................................... 14
6
What help is available? .............................................................................. 15
Department of Employment, Economic Development and Innovation ...................... 15
Industry Capability Network Queensland (ICN Queensland) .................................... 15
Queensland Government Chief Procurement Office ................................................. 16
Other resources ........................................................................................................ 16
Appendix 1: The government environment .................................................... 17
Probity and accountability ..................................................................................... 17
Gifts policy ................................................................................................................ 17
Fair treatment .......................................................................................................... 18
Sustainable procurement ....................................................................................... 18
Quality assurance ................................................................................................... 18
International trade obligations............................................................................... 18
Other procurement-related government policies ................................................. 19
Project Assurance Framework .................................................................................. 19
Capital Works Management Framework ................................................................... 19
Government Information Technology Contracting Framework.................................. 19
Local industry policy.................................................................................................. 19
ICT SME Participation Scheme................................................................................. 20
Indigenous Employment Policy ................................................................................. 20
Building and Construction Contracts Structured Training Policy ............................... 20
Appendix 2: Terminology .................................................................................. 21
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PROCUREMENT GUIDANCE Selling to the Queensland Government
1 How this guide can help you
This guide has been developed for suppliers wanting to do business with the Queensland Government. It is
aimed at helping suppliers better understand Queensland Government procurement, and therefore improve
their prospects of securing government business.
You will find this guide useful if:
 you currently supply to the government but want to know more about how Queensland Government
procurement operates
 you have not previously supplied to the Queensland Government and are unsure about how to get
started.
If you would like to know more about the government’s procurement process, including the policy under
which government agencies buy goods and services, refer to the Queensland Government Chief
Procurement Office (QGCPO) website at www.qgcpo.qld.gov.au for the full list of procurement guidance.
This guide will help you connect with government and identify opportunities where you can submit offers
(also known as tender) for government business. It will help you understand how government procurement
works, so you can understand the processes before you submit an offer, and know what happens to your
offer once it is submitted.
Any supplier with an Australian Business Number (ABN) is eligible to do business with the Queensland
Government. 1 The ownership of the company (Australian or foreign) is irrelevant. Also, it makes no
difference if the supplier sells (or resells) a product manufactured or sourced outside Australia.
Government procures its goods and services in a number of ways, including:
 public invitations to offer
 direct contract for supply
 standing offer arrangements
 ad hoc, one-off purchases.
It is not necessary to be on a list of suppliers to do business with a Queensland Government agency. For
some high-value and complex commodities, prequalified supplier lists may be set up and only suppliers on
the list will be invited to offer. For example, there is a prequalified suppliers list for consultants — architects,
engineers, quantity surveyors — and construction companies, set up by the Department of Public Works.
Suppliers who meet the criteria established by the list may apply to be included.
Before you start reading this guide, it may be helpful to refer to the terminology list in Appendix 2.
Government uses specific terms to refer to its procurement, and it’s helpful to know about these terms when
reading this guide and when you are dealing with government buyers.
This guide is set out so that you can choose the part that interests you the most. It is structured to reflect
the procurement process used by government. You might want to read the whole guide, or just go to a
section you’re particularly interested in.
Your views on the guide’s usefulness are important to us. Please email
[email protected] to tell us what you like about the guide, and how we can make it
better.
1
As noted in the conditions of offer (www.qgcpo.qld.gov.au), a supplier who does not possess an ABN at the time of submitting
an offer must either submit a Statement by a supplier (reason for not quoting an ABN to an enterprise) form with the offer or
provide evidence of their ABN before a contract can be entered into.
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PROCUREMENT GUIDANCE Selling to the Queensland Government
2 How Queensland Government
procurement works
The Queensland Government spends billions of dollars each year on goods, services and capital works.
Because government procurement is undertaken on behalf of the community, it is regulated to ensure
decisions made are fair, impartial, comply with legal requirements and deliver best value for money. This
means that there are some significant differences between government and the private sector in how
procurement is conducted. These differences are discussed in more detail in Appendix 1.
In Queensland, the State Procurement Policy contains the broader rules under which procurement is
conducted by government agencies. Agencies have their own more detailed purchasing procedures which
set out how their officers will buy goods and services.
The Queensland Government buys a wide range of goods and services. The scale of purchases varies from
routine low-value, low-risk transactions (for example, stationery items) to high-value, high-risk transactions
(for example, specialised medical equipment).
Queensland’s procurement policy is focused on getting value for money. Value for money isn’t restricted to
price alone, and covers a range of other factors including social and economic objectives (such as
sustainability, regional development and employment); non-cost factors (such as fitness for purpose,
quality, service and support); and cost-related factors such as whole-of-life costs and transaction costs.
There are some commodities which all agencies buy (for example, fuel, travel and personal computers) for
which government maximises its value by approaching the market as a single buyer. These are called
whole-of-Government common-use arrangements. There are other commodities which may be bought by
two or more agencies (for example, specific types of emergency equipment or health supplies) for which the
relevant government agencies will join together and approach the market as one. These are known as lead
agency arrangements.
For the remaining types of commodities, agencies will generally approach the market separately. The State
Procurement Policy aims to help develop Queensland’s regions and competitive local businesses, so
government encourages its agencies to buy locally, close to the ‘shopfront’ of government in each region.
3 How to win government business
Doing your research and correctly planning your approach will help you to find the right supply opportunities
and position you to win government contracts. The process of identifying and winning government business
can be broken down into five main stages.
Below are some hints and tips to help you through each of these stages.
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PROCUREMENT GUIDANCE Selling to the Queensland Government
3.1 Know where the buying happens
It is important to know where government buying decisions are made so you can know where to go to find
the right opportunity for you.
With the exception of mandated whole-of-Government and lead agency common-use arrangements,
agencies have considerable discretion as to how they manage their procurement. This means that the way
they buy varies from agency to agency. So time invested in researching where the procurement action
takes place is time well spent.
Major contracts (high value and/or high business risk) will often be let from either Brisbane or the major
regional offices of an agency. Many agencies have established strategic contracting units for this purpose.
This is because the establishment and management of these contracts require specialist skills and
contracting expertise, which can be brought together at these locations. The remaining more transactionaltype procurement (that is, buying off established common-use or agency arrangements, or routine lowvalue/low-risk procurement) can be undertaken from most locations, and agencies with a regional presence
will often have officers undertaking procurement throughout Queensland.
It is particularly important to know where the buying activities take place when you are initiating business
with government for the first time. You will need to do some research to work out who is the right person to
talk to. As all agencies structure their buying activities differently, this task may appear daunting, particularly
if you don’t already have a good understanding of the agency’s structure.
A good place to start is the Queensland Government website at www.qld.gov.au. This is the gateway to the
Queensland Government and provides a wealth of information on each agency, what it does, how it is
structured, and how to get in contact with its various branches and business units. You will also be able to
find contact details for regional offices. The Queensland Government Directory at www.qgd.qld.gov.au is
another useful source.
If you don’t have access to the internet, the phone book has a section listing agency contact details. You
can also pick up a list of Queensland Government agencies from the office of your state member of
parliament.
Common sense will go some way towards helping you to work out which agency or section of an agency
might want your good or service. For example, if your business relates to management of land or water you
could start by finding out more about the Department of Environment and Resource Management.
The nature of what you are selling will guide you to the part of the agency you should approach. For
example, if you are seeking to secure a major contract, you may want to approach the head office of the
relevant agency. If you are looking to sell smaller, ad hoc services you may instead wish to contact the
regional offices.
Government agencies are large, so don’t be concerned if at first you aren’t sure who to talk to. You can
always ring the main contact number for the agency and ask to be transferred to the area responsible for
procurement. Some agencies may have their own dedicated procurement section, while others operate as
part of the Finance area.
More advice on finding specific supply opportunities is in the next section.
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PROCUREMENT GUIDANCE Selling to the Queensland Government
3.2 Find supply opportunities
Keeping up to date with supply opportunities is critical if you want to secure government business. For
particular types of procurements, agencies may initiate contact either through market research or by
seeking a quote or offer. However, this is not the case for all procurement, and you should not rely on this to
happen.
This information is an important source of both specific opportunities to make an offer for government work,
and useful intelligence to help you prepare for other opportunities.
You can maximise your chances of finding out about government business by using tools provided free of
charge by the QGCPO.
The best tool is the Queensland Government eTender website, which can be found at
www.qgcpo.qld.gov.au.
Agencies are required to publish the following information on eTender:
 a list of upcoming procurements (referred to as a forward procurement schedule)
 all open tender opportunities
 details of awarded contracts over $100 000.
You can also respond to an invitation to offer by downloading a soft copy or printing off a hard copy of the
documentation, and then electronically submitting your offer.
Information about awarded contracts on eTender may help you to plan your future engagement with the
Queensland Government by letting you know what sorts of products and services are being procured, which
agency is doing the buying, and when existing contracts will expire.
Forward procurement schedules available on eTender are also good sources of market intelligence to help
you prepare for upcoming opportunities. An important thing to note about forward procurement
schedules is that they set out an agency’s intention to make a purchase; they are not actual offers
to the market. Circumstances may and often do change, and there is no guarantee that every potential
procurement on a forward procurement schedule will proceed.
Another great feature of eTender is that you can register to receive notification of upcoming invitations to
offer relevant to the good or service you are offering.
When you are looking for upcoming opportunities, don’t forget that for major contracts, there will often be
subcontracting opportunities. If you are a small or medium enterprise, you may not have the capability or
capacity to respond to larger contracts, but you may still be able to identify opportunities where you could
offer your services to the successful supplier (the head or prime contractor) to subcontract for smaller
parcels of the work. Alternatively, you may consider joining with other suppliers to form a consortium. This
will enable you, as a member of the consortium, to offer for contracts which are otherwise beyond your
resources and capabilities.
A second very useful source of information is the Queensland Contracts Directory (QCD) also hosted by
QGCPO, available at www.qgcpo.qld.gov.au. QCD will help you to locate contract managers for
commodities for which there are standing offer arrangements already in place, including mandated wholeof-Government common-use arrangements, again to help you prepare for future offers.
Standing offer arrangements (SOAs) are agreements involving one or more suppliers who agree to provide
goods and services over a set period in accordance with specified terms and conditions. Some of them are
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PROCUREMENT GUIDANCE Selling to the Queensland Government
mandated by government for use by all or a number of agencies (known as common-use arrangements).
This means that agencies must buy from one of the businesses appointed to these arrangements.
Arrangements can vary from those that meet the needs of an individual agency (for example,
pharmaceuticals for Queensland Health), or a group of agencies’ specific needs (emergency equipment for
Police and Emergency Services), to strategic whole-of-Government arrangements (fuel for all government
cars).
Standing offer and common-use arrangements are no different to any other major procurement in that an
agency must undertake the right market research and go to the market upon expiry (including any agreed
extension) of each arrangement.
Where you identify an opportunity to be part of an existing arrangement, you can do some early research to
help you prepare for the next invitation to offer. Some questions to ask the contract manager include:
 When does the present SOA expire? Note that most arrangements have an initial term and then an
optional term of extension.
 Is it likely that the existing arrangement could be extended? If so, for how long?
 When will offers be invited for the next period?
 Will it be advertised? Where and when?
 How will they evaluate my offer? What are the criteria?
Tender search services
Some private companies offer a tender search service for a fee. This may suit you if you prefer a third party
to monitor available opportunities for you.
Organisations offering tender search services for a fee are using information that is available to any
member of the public. You should assess this kind of service on a commercial basis to see if it provides
value for money.
3.3 Market your company
Through use of eTender and QCD, you should be able to identify the right officers or areas within agencies
which will usually manage the same commodities over time. This is a great source of intelligence, allowing
you to start a dialogue with these officers and build your company’s profile with them. Regular appropriate
contact with these officers is another way of keeping your finger on the pulse about the agency’s future
needs and opportunities that may arise in the shorter and longer term.
It’s a good idea to spend time preparing a marketing approach to the agency. This will help you to set
yourself apart from other potential suppliers and will keep you on the agency’s radar. Some elements of a
sales or marketing strategy could include:
 details of the firm and the range of goods and services (brochures, specifications, test results etc.)
 advice on price competitiveness, availability and add-on services — be clear about how you can
maximise the value the government will receive for its dollar
 details of the benefits of local supply (if you are a locally based supplier offering local content), such as
better follow-up service or innovative solutions
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 information about any environmentally friendly features relating to the service, goods (packaging,
features during usage, eventual disposal) or the manufacturing process, for example, relating to water
use and conservation; energy/fuel consumption; or corporate social responsibility
 your availability and willingness to provide demonstrations or trial the product or service at the agency’s
premises
 an invitation for the agency to visit your business premises for an inspection or demonstration.
Do not offer gifts or inducements to the agency as part of your marketing strategy. Queensland Government
has a gifts and benefits policy in place (discussed in more detail in Appendix 1) and the QGCPO strongly
advises agencies not to accept gifts or benefits offered by suppliers and prospective suppliers. Providing
gifts or benefits to agencies can, at a minimum, be embarrassing for both parties, and in serious cases can
amount to official misconduct or corruption.
Advertising
There are a number of publications that will advertise your goods or services for a fee. You may be
approached by publishers who may suggest that suppliers who advertise with them will obtain government
business. Such advertising is no guarantee of securing government business. You should carefully evaluate
any such approaches.
3.4 Make your best offer
So you’ve identified an opportunity to make an offer to an agency for some work. Depending on the nature
of the procurement (such as complexity, size, and business risk) you may have been approached by the
agency to submit a quote or an offer, or you may be responding to a public request for offer on eTender.
Be aware that there are no set requirements in the State Procurement Policy as to how agencies will
approach the supply market, with one exception relating to international obligations, which is discussed in
Appendix 1.
The agency will choose a way of approaching the market that best suits the nature of the procurement, and
the results of the agency’s planning activities and procedures. For a low-value ad hoc purchase, this may
be as simple as the agency buyer contacting you by phone or email, and asking you to make an offer or
quote. The agency may ask you to put the offer or quote in writing, using email or hard copy via the post.
For higher-value and/or higher-risk procurements, the agency will usually go through an invitation-to-offer
(tendering) process. There are three types of offer processes:
 open — an invitation is made to the open market
 limited — an agency may contact a particular supplier or suppliers (not the open market) depending on
the nature of the procurement
 selective — agencies select the suppliers eligible to tender through, for example, prequalification and
panel arrangements.
Things to think about when responding to offers
Once you have identified an opportunity to supply government, and you are ready to start working on your
offer, there are a few things you can do to give yourself the best chance of succeeding. There are three
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main phases to an offer process: preparing, doing and finalising. More information on each of the phases
follows.
Preparing
Seek
information
Download a copy of the invitation-to-offer documents from eTender or
contact the agency to secure a copy.
The Queensland Government Chief Procurement Office strongly
recommends that all agencies use its standard terms and conditions
published at www.qgcpo.qld.gov.au. Even if the agency hasn’t used these
template documents for the offer, you will find useful information on the
website to help you understand offer documents. Refer in particular to the
Conditions of Offer, Invitation to Offer, and Conditions of Contract documents.
Short-form versions are also available.
Sometimes, particularly for large contracts or for procurements with special
requirements, agencies will offer industry or supplier briefings. You should
find out from the agency if a briefing is scheduled for the procurements you
are interested in, and make every effort to attend.
Confirm your
capability
Are you willing and able to supply, now that you have reviewed the
specific requirements of the procurement?
Your review of the agency’s offer documents will tell you if there are any
special requirements which you need to meet (for example, a special licence,
accreditation or a particular type of registration) to participate in the
procurement.
Some procurements may also require a commitment to provide certain types
of supplier reporting—make sure you can deliver before you go ahead with
your offer.
Depending on the procurement, it can be time consuming and costly to put in
an offer. Consider whether you are willing to make this investment.
Start
planning
Now that you know the deadline for responses, plan your timeframes so you
will have your offer document ready for submission by closing time. It is
recommended that you aim to have your offer ready for submission in
advance of the due date, to give you some space in case of any unforeseen
delays.
There are no minimum timeframes for which offers are required to stay open
(except with regard to covered procurements, see Appendix 1) and this will
vary from procurement to procurement.
Doing
Use any templates
provided
If the invitation to offer specifies that certain templates (or response forms)
are required to be completed, ensure that you use them. Invitation-to-offer
documents may set out the form of response required, word limits and
file formats — it is important to follow these instructions as closely as
possible. This will help the evaluation panel to review your offer. You may
disadvantage yourself if you do not follow instructions and your offer is
unintentionally confusing, or harder to interpret or follow than your
competitors. Attach information that is over and above requirements as
appendices. Do not attach irrelevant information.
If there are no templates or set formats, keep your response logical, simple
and clear.
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Provide all
relevant details
Suppliers have to show in their written offer that they have the necessary
skills, resources, experience, financial capacity, and in some cases
licences or accreditations, to fulfill the offer requirements.
Read any documentation you receive carefully, and if necessary ask for
clarification.
Information required may include:
 your ABN and company profile
 whether you propose to subcontract
 the price for each of the goods/services and whether prices are fixed or
variable (for example, according to exchange rate or consumer price index
variations)
 any conditions affecting price
 delivery and installation details and charges
 milestones or proposed achievement dates (if relevant)
 whether goods/services are periodic or recurrent
 taxes or duties that apply
 insurance
 intellectual property rights (if these apply).
If you are going to depart from any of the specifications or conditions of
contract, you need to describe in detail how these will vary.
Address
criteria
Agencies will include criteria for suppliers to address in their offers.
Sometimes agencies will disclose what the respective weightings are for each
criterion, particularly where the agency wants to flag certain criteria of greater
importance.
If weightings are provided, use these as a guide to direct your efforts to those
criteria of greater importance to the agency. Don’t forget, however, that you
are scored on all criteria, and you may do yourself a disservice if you gloss
too lightly over more lowly weighted criteria.
Make sure you address each criterion clearly. Use examples which are
relevant, and ensure that your response is to the point and does not
include any padding or irrelevant information.
When addressing the criteria, keep in mind the operational requirements of
the procurement. Your time is best spent ensuring that you address the
requirements as closely as possible; going beyond the operational
requirements specified in the criteria and the broader offer wastes both your
time and money.
Address any
specifications
An agency may provide written specifications for the goods or services they
require. There is no overall Queensland Government policy that requires all
agencies to write specifications for purchases above a certain value or of a
certain nature; however, for some this is standard practice.
Where specifications are present, ensure that you address them.
Distinguish
your offer
Are there any opportunities to make your offer represent better value for
money? Consider, for example, value-added benefits (such as goods or
services not included in the agency’s specifications, but which if removed by
the supplier would not result in a lower offer price); or process efficiencies
(making changes to the methods by which goods or services are purchased
or consumed, resulting in cost savings to the agency).
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Are there any opportunities for skills transfer to the agency?
If you are a local small or medium enterprise, you might be in a position to
sell your goods or services based on customer focus and support services, or
access to innovative approaches or technology not offered by larger
competitors.
Do you have a particular strength you can showcase with regard to
sustainability? For example, this could relate to corporate social
responsibility, environmentally friendly manufacturing processes or reduced
use of packaging.
Use the right
referees
Select referees who can provide enough detail to an evaluation panel to
confirm the information and examples provided in your offer. Make sure you
speak to the referees before you submit your offer, and confirm their
availability and willingness to be contacted by the agency.
Finalising
Conform to
requirements
Make sure you set aside some time to go through the offer
documentation as a final check to ensure that the offer conforms to all
requirements set out in the invitation to offer.
Have you answered all the questions fully? For example, have you provided
details of relevant insurances?
Make sure you sign in all the required places before you submit your offer.
Check that no pages are missing from the offer document and that you
haven’t left out any questions you need to answer.
Submit a complete
offer on time
Make sure you submit your offer on time, and in the required way (such
as electronically on eTender). Late or incomplete offers are excluded,
unless there are exceptional circumstances.
A well prepared offer, in which you make a persuasive case demonstrating that your offer is competitive and
delivers value to government, is your best chance of getting a foot in the door to present your case in
person. Time invested in making the best offer you can is worth the effort.
Clarifications
Sometimes, after an offer has been released but before the closing date, the agency may circulate
clarifications. Clarifications are usually the result of questions asked by suppliers about the offer document.
The response should be provided to all potential offerors before the due date.
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3.5 Conduct post-offer dealings
For higher value and/or high risk procurement, agencies will establish evaluation panels to review offers
received. The evaluation panels prepare an evaluation plan prior to the receipt of offers. This plan sets out
the way in which the evaluation will be conducted. The evaluation panel will examine each offer from each
supplier, and evaluate these offers in accordance with pre-established criteria and weightings.
As a result of this process, offers received will be placed in order according to the score they receive from
the panel. The panel, acting in accordance with the evaluation plan, will then identify a shortlist of the topscoring offers, and commence a process to identify the most suitable offer. The short-listed offerors may be
asked to make a presentation in support of their offer.
This is where you need to work hard to show why you are the best offeror. Ask the agency who will be at
the presentation, and whether there is any preferred aspect to be addressed. Make sure you confirm time,
date, location and technology requirements (such as availability of PowerPoint or internet access if
required) beforehand. Ensure you do not exceed the allotted time to present, unless invited to do so by the
panel.
Make sure you coordinate well with your team so the presentation goes as smoothly as possible. Any slides
used should be concise and to the point. Test the slides beforehand to iron out any potential glitches. Speak
clearly and confidently and be prepared to respond to questions. If you don’t know the answer to a question,
be open about it and take it on notice, with a commitment to get back to the agency by a certain time/date
with the response.
Remember that this is a professional forum, so even if you are acquainted with panel members, don’t be
over-familiar or gloss over details because you think the panel should know the answer already from
previous dealings (for example, if you have held the contract or similar contracts before). The panel will
score you on the information you provide during the presentation.
The evaluation panel may enter into negotiations with you. If this is the case it is a good idea to have a
negotiating position. Before negotiation starts, be clear in your own mind about what you are prepared to do
to secure the contract (that is, how far you are prepared to go to offer more competitive pricing, more
frequent service, or other value-added services proposed by the agency).
3.6 Debriefings
It is worthwhile to seek feedback about your offer, especially if you are unsuccessful.
If a debriefing is not offered by the agency, don’t hesitate to contact the agency and ask for one. This will
help you to identify areas for improvement for the next time around. That is, while your offer may have been
the lowest price, it may not have been strong enough in areas which demonstrated the right level of
capability or quality.
The debriefing process is not an opportunity for you to find out about other offers made. Agency staff
providing debriefings should stick strictly to giving information to you about areas for improvement in your
offer.
You should take a positive approach to the debriefing, using it as a learning experience to help you submit
better offers in the future.
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4 Managing the contract
If you have been successful and have entered into a contract with a government agency, it is important to
maintain a good relationship with the agency. Effective two-way communication will ensure that the chances
of misunderstandings are minimised, leading to reduced potential for conflict.
Ensure that you honour the contract conditions, including providing any required reporting on time and in
the required format.
During the offer process, the agency will specify what performance criteria will be used as part of its
performance monitoring arrangements. This will apply particularly to large or complex contracts, including
common-use or standing offer arrangements. When a long-term arrangement with a supplier is in place, an
agency needs to manage and monitor the supplier’s performance to assess whether this is providing value
for money.
4.1 Overdependency on government business
Just as government has to be cautious about becoming overdependent on certain suppliers, suppliers must
also beware of becoming overdependent on government business. Suppliers should ensure that losing a
government contract will not seriously jeopardise their long-term viability.
5 What to do if you have a complaint
Unfortunately, situations may arise where you are dissatisfied with your dealings with the agency.
Contracts will specify dispute resolution procedures, so any disputes or complaints should be dealt with in
accordance with the provisions of the contract you have entered into with an agency.
If you have yet to form a contract, or have been unsuccessful in your offer, the first thing to do if you have a
genuine complaint or issue about procurement is to raise it with the agency concerned. Many complaints
arise from lack of understanding or poor communication between agency buyers and suppliers, and can
easily be resolved by talking the issue through with the agency concerned.
If you are not satisfied after you have approached the agency informally, then you should put your concern
to the agency or department in writing, sign and date it.
When it is not possible to resolve a complaint with the agency concerned, then the complainant may ask
QGCPO to help by facilitating open communication between the parties. However QGCPO cannot override
legally binding contracts.
External independent review of a procurement complaint is available through the Queensland Ombudsman.
The Queensland Ombudsman can investigate the administrative actions of agencies and make
recommendations to the agency for rectification.
Litigation is also an option; however, this is a costly step and will require you to seek professional legal
advice.
Allegations of official misconduct in relation to procurement must be referred to the Crime and Misconduct
Commission as required by the Crime and Misconduct Act 2001.
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6 What help is available?
Department of Employment, Economic Development and Innovation
The Department of Employment, Economic Development and Innovation (DEEDI) is responsible for
securing development and jobs.
The department provides specialist assistance to help people start a business, improve their day-to-day
management skills, work with emerging industries, advance major projects and joint venture opportunities,
and provide information on export and investment opportunities.
The department’s network of 17 regional centres provides a full range of business information, advice and
support in regional areas across the state. The eight Queensland trade and investment offices in overseas
locations provide international market information and promotion of Queensland products and services. The
department is actively involved in improving the management skills of business and industry throughout the
state.
The Queensland Government also conducts regular workshops about tendering for government business.
The workshops cover:
 the principles of Queensland Government procurement policies and processes, including sustainable
procurement
 how to complete complex offer documents used by departments and agencies for high-value, highbusiness-risk goods and services
 how to interpret and respond to the standard terms and conditions contained in complex government
offer and tender documents
 the value and range of services that the government purchases and sources locally, the notification
procedures used and the prerequisites to being an eligible supplier.
For more assistance, contact the Regional Centre on 13 26 50.
Industry Capability Network Queensland (ICN Queensland)
The Industry Capability Network Queensland (ICN Queensland) provides a free and confidential service to
increase local content and industry participation in projects and procurement. ICN is a catalyst in the
procurement process, working to reduce imports and maximise opportunities for local industry capabilities.
ICN is subsidised by DEEDI and operates under an agreement with the Office of Advanced Manufacturing
within the department.
ICN services are available to all private and public sector organisations. ICN identifies Australia’s best
products, services, capabilities and capacity to competitively meet private and public sector procurement
needs. ICN provides information to government departments and agencies to support the Queensland
Government’s priorities of ‘jobs for Queenslanders’ and ‘building Queensland’s regions’. These confidential
services identify and evaluate appropriate local capability over a wide range of industries, in order to assist
companies to increase the local content of their offers and procurement requirements.
ICN also publishes tender opportunities. More information is available at www.icnqld.org.au.
ICN also hosts the Queensland Heavy Engineering Industry website, which allows you to look for project
activity by region. More information is available at www.heirg.com.
For more assistance, contact ICN Queensland at:
 Brisbane: (07) 3364 0670
 Townsville: (07) 4771 2045
 Toowoomba: (07) 4688 1613
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 Gladstone: (07) 4971 2321
 Email: [email protected]
 Website: www.icnqld.org.au
Queensland Government Chief Procurement Office (QGCPO)
The QGCPO is available to provide advice on the application of the State Procurement Policy, and can
provide more information about eTender and the Queensland Contracts Directory.
You can contact QGCPO on:
 Toll free: 1800 631 991
 Email: [email protected]
 Website: www.qgcpo.qld.gov.au
Other resources
Industry associations
If you are part of an industry association, you may be able to ask them for more information to help you
identify opportunities to supply government, and they may be able to assist you in making offers.
Some of the industry associations are listed below:
 Australian Industry Group: www.aigroup.com.au
 Australian Institute for Commercialisation: www.ausicom.com.au
 Chamber of Commerce and Industry Queensland: www.cciq.com.au
 Engineers Australia: www.engineersaustralia.org.au
 Master Builders Association Queensland: www.masterbuilders.asn.au
 Mining and Energy Services Council of Australia: www.mesca.com.au
 Queensland Major Contractors Association: www.qmca.com.au
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PROCUREMENT GUIDANCE Selling to the Queensland Government
Appendix 1:
The government environment
Because the Queensland Government represents the interests of the community rather than shareholders,
public sector procurement is undertaken in an environment that is different to the private sector.
Government has a number of policies in place that reflect its responsibility to the community to manage its
expenditure with due probity, transparency and efficiency, as well as broader social obligations, such as
ensuring that competitive local suppliers are given a fair and equal chance to supply government.
Government achieves these responsibilities by requiring agencies to adhere to certain principles and
policies when conducting procurement.
It is worth making yourself familiar with these principles and policies, to help you understand the objectives
of government. In some instances this knowledge will be useful in helping you to market your company and
prepare a better offer.
Probity and accountability
One of the fundamental principles on which the State Procurement Policy is based is that procurement must
be conducted with the utmost probity and accountability.
Acting with probity means displaying integrity, uprightness and honesty.
Accountability means being able to account for actions and decisions, and demonstrating how the public
interest has been protected in the expenditure of public funds. For procurement, this means being able to
explain how outcomes have been achieved, and requires procurement decisions to be documented and
defensible.
Gifts policy
A common risk to probity and accountability in procurement is the giving of gifts and inducements by
suppliers.
All employees of the Queensland public sector are bound by the Gifts and Benefits Policy available at
www.qgcpo.qld.gov.au. Gifts or benefits must not be offered to public service employees if this
compromises, or has the potential to compromise, integrity or impartiality or to create a real or perceived
conflict of interest.
The Queensland Government Chief Procurement Office strongly recommends that Queensland
Government employees involved in any aspect of the procurement process do not accept gifts or benefits.
QGCPO does not accept any gifts or inducements offered.
While it may be a practice which occurs in the private sector, the giving of gifts or inducements to secure
government business is not accepted practice in the public sector. If a gift or inducement is made by a
supplier or solicited by an agency, with the explicit expectation by the supplier that a public official will
provide favourable treatment, all parties involved (including the supplier) can be prosecuted and, if
convicted, sentenced to jail. 2
The risks and long-term damage to the reputation of your company are not worth any potential short-term
gain. Your offered products and services should stand on their merits, and not require additional
2
Crime and Misconduct Commission, Receiving gifts and benefits: Managing the risk, Building Capacity Series
No. 8, www.cmc.qld.gov.au, 2008, p. 4.
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PROCUREMENT GUIDANCE Selling to the Queensland Government
inducements in order to tip the balance in your company’s favour. Your time and money is better spent on
demonstrating in your offer that your product or service is the most meritorious and delivers the best value
for government.
Fair treatment
The Queensland Government is proud of its reputation for doing business with suppliers who treat their
employees fairly.
Suppliers to the Queensland Government are expected to comply with applicable employment and
workplace health and safety laws and treat employees fairly — this is part of doing good business.
Suppliers should be aware that doing business with the Queensland Government will mean that you are
willing and able to demonstrate that you meet the relevant legal or industrial obligations.
Sustainable procurement
The Queensland Government is committed to protecting the environment and doing business with ethical
and socially responsible suppliers to foster a viable Australian market for sustainable products and services.
The State Procurement Policy mandates that Queensland Government agencies must integrate principles
and practices of sustainability into the procurement of goods and services.
The Queensland Government is dedicated to supporting and stimulating long-term relationships with
suppliers who adopt sustainable practices. Suppliers and potential suppliers to the Queensland
Government may be required to demonstrate their commitment to sustainability and a practice of
continuous improvement and innovation in sustainability.
For more information refer to www.qgcpo.qld.gov.au.
Quality assurance
Quality assurance (QA) requirements apply to purchases of $10 000 or more which are assessed as having
a moderate or high risk. Purchases below $10 000 may require QA if there is a ministerial direction that this
occur.
QA involves managing business processes in such a way that both the supplier and the customer are
satisfied with the quality and consistency of the goods or services.
When the buyer specifies QA requirements, suppliers need to understand these and satisfy them. For more
information about quality system standards or approved industry/professional systems or standards, refer to
the Queensland Government’s Quality Assurance Policy Guide, or contact the Supplier Quality
Management Systems Certification Services team on 1800 628 901 or email [email protected].
International trade obligations
As well as being subject to Australian and Queensland laws and policies, Queensland Government
procurement is also subject to the requirements of international trade agreements. Currently, there are two
free trade agreements which impact on procurement processes: the Australia–United States Free Trade
Agreement and the Australia–Chile Free Trade Agreement. Both these agreements specify processes
which must be followed for certain procurements to ensure that United States and Chilean suppliers are
given equal treatment with local suppliers. In return, Australian suppliers receive equal treatment in these
countries.
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A third agreement, the Australia–New Zealand Government Procurement Agreement (ANZGPA) has been
in place for many years. Under this agreement the Commonwealth, states, territories and New Zealand
have agreed to provide equal government supply opportunities and treatment to each other’s services,
products and suppliers. This is achieved by removing any barriers to trade such as preference schemes
and other forms of discrimination based on place of origin of goods and services.
Refer to QGCPO Procurement Guidance Material: International Trade Obligations and Government
Procurement for more information about the ANZGPA.
Other procurement-related government policies
A full list of procurement-related government policies is located in Schedule C of the State Procurement
Policy at www.qgcpo.qld.gov.au. The procurement aspect of these policies is consistent with the State
Procurement Policy.
The following section provides more information about some of the policies.
Project Assurance Framework
The Project Assurance Framework (PAF) sets out the Queensland Government’s minimum standards for
project initiation, evaluation, procurement and assurance across the public sector. The PAF is of particular
relevance to infrastructure projects.
For more information refer to www.dip.qld.gov.au.
Capital Works Management Framework
The Capital Works Management Framework relates to the procurement of government building programs
and projects. It identifies the major risk areas and sets out the steps that must be taken to manage these
risks and achieve consistency and high-quality outcomes in the procurement of government building
projects.
For more information refer to www.build.qld.gov.au.
Government Information Technology Contracting Framework
The Government Information Technology Contracting Framework (GITCF) governs the procurement of
information and communication technology (ICT) products and services. All agencies, when procuring ICT
products and services, must use suppliers who are accredited under the GITCF. The accreditation process
assesses the risk, character and capacity of an organisation that intends to contract with the Queensland
Government.
For more information refer to www.qgcpo.qld.gov.au.
Local industry policy
For the purpose of government projects, local industry is defined as Queensland and Australian small and
medium enterprises (SMEs) in the manufacturing or service sector, and New Zealand suppliers of goods or
services. In this context, an SME is defined as an Australian or New Zealand firm with less than 200 fulltime equivalent employees. The aim of this policy is to ensure that local industry is given full, fair and
reasonable opportunity to be considered for major work being undertaken in Queensland, in both the public
and private sectors.
For more information refer to www.industry.qld.gov.au.
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ICT SME Participation Scheme
This scheme is applicable to information and communication technology (ICT) procurement. The aim of the
scheme is to assist ICT SMEs gain greater access to the Queensland Government market.
For more information refer to www.industry.qld.gov.au.
Indigenous Employment Policy
The Indigenous Employment Policy for Queensland Government Building and Civil Construction Projects
(IEP) applies to all civil construction contracts with no minimum threshold, and building construction projects
exceeding $250 000 (GST inclusive) in value. However, projects of lesser value can be clustered together
in a contract to reach the threshold value.
The IEP requires a 20 per cent minimum benchmark of total labour hours with half of the deemed labour
hours to involve accredited training. The Indigenous workforce is to be recruited from the local Aboriginal
and Torres Strait Islander communities.
For more information refer to www.employment.qld.gov.au.
Building and Construction Contracts Structured Training Policy
The Building and Construction Contracts Structured Training Policy (the 10 per cent Training Policy)
requires that a minimum of 10 per cent of the total labour hours on any Queensland Government building or
civil construction project (valued over $250 000 for building or $500 000 for civil construction) must be
undertaken by Indigenous workers, apprentices, trainees or cadets or used for the upskilling of existing
employees (to a maximum of 25 per cent of the deemed hours).
The policy requires contractors to ensure employment and structured training occurs on Queensland
Government building and construction contracts to address skills shortages and create additional
employment opportunities in the building and construction industry.
For more information refer to www.training.qld.gov.au.
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PROCUREMENT GUIDANCE Selling to the Queensland Government
Appendix 2: Terminology
Approach (to) the market: A government agency may advertise their need for goods or services in various
ways, for example, by advertising in the newspaper, listing on the Queensland Government Chief
Procurement Office website, or contacting a supplier directly.
Contract: The invitation-to-offer process may lead to the development of a contract or arrangement. A
contract is a legal term that applies to any agreement to purchase, even a basic transaction in a shop. It
doesn’t necessarily take the form of a document.
eTender: The Queensland Government Chief Procurement Office e-tendering website available from
www.qgcpo.qld.gov.au provides a list of Queensland Government tendering opportunities. Suppliers can be
notified of opportunities, and offer their goods or services electronically.
Invitation to offer: A government buyer invites suppliers to put in an offer to supply a product or service (in
the private sector this may be referred to as a request for tender, request for a quote or a bid). This may
lead to the development of a contract or supply arrangement.
Offer: A supplier provides a price and other details for the supply of a product or service (a tender, quote
or bid).
RFT (request for tender) or RFO (request for offer): An agency advertises through the internet or
newspaper that they need particular goods and services and are inviting offers to supply these.
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