Government Procurement – Assessment Process and Conditions of Contract

Useful for: Business, Government, Local Government

In Brief

  • All proponents have the right to be assessed fairly and impartially and in accordance with the Conditions of Participation (see related article “Government Procurement – a Guide for Business”). If a proponent is concerned that their offer has not been properly assessed then avenues of complaint will include the Procurement Officer, the Ombudsman in the relevant jurisdiction, an independent Probity Officer/Adviser if one is appointed to the process or in the case of Australian Government procurements, possibly to have the decision reviewed under the Government Procurement (Judicial Review) Act 2018 (Cth).
  • Read the Conditions of Contract relevant to the particular procurement. Do not assume that the conditions of contract that applied to a previous tender also apply to the current one and do not assume that the conditions won’t have changed.
  • Essentially, the assessment criteria used by all governments are:
    • Value for Money
    • Qualifications, Experience and Past Performance
    • Capacity/Timeliness
    • Innovative Proposals
    • Social, Environmental and Economic benefit outcomes
    • Weightings given to each criterion in the scoring process will vary depending on the procurement.
  • Unsuccessful proponents will usually be entitled to a debrief to discuss the merits and shortfalls of their proposal. This is not a comparison of your proposal against other proposals but an attempt to inform a business so that it will be in a better position to lodge a successful bid another time.

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