An interactive tender process may be appropriate to use where there is a high level of interface risk between the state operators and the private sector infrastructure providers.
A good example of this is in social infrastructure projects, where generally the infrastructure is designed and constructed by the private sector but substantially operated and managed by the public sector.
Accordingly, Government is sometimes highly dependent on the functionality of the infrastructure to achieve operational outcomes and efficiencies.
An interactive tender process provides an opportunity for bidders to discuss the development of their concepts and designs with the agency and to seek clarification and feedback of the State’s output specification. State representatives attending workshops should avoid making definitive statements about design solution or preference.
The interactive tender process will typically involve a series of workshops, usually numbering between three and ten per bidder. Each workshop will normally involve both the State project team representatives and a team from a single bidder.
The workshops are held separately with each bidder, with all bidders being offered the same number of workshops. There are generally three types of workshops offered to bidders:
• Technical workshops dealing primarily with design and development approval issues
• Services workshops
• Commercial, legal and/or financial workshops.
The Call should specify the procedures and protocols for the interactive tender process. Protocols or ground rules for the workshops should be established and provided to bidders in advance of the workshops, and bidders should notify the State in writing of their acceptance of the procedures and protocols.
These procedures and protocols should help ensure that the same information is provided to all bidders.
In particular the procedures and protocols should:
• Provide for involvement of the probity auditor in the project and planning of the interactive tender process
• Provide for the probity auditor’s attendance at the workshops
• Provide that protocols and procedures governing the conduct of both the state representatives and bidders will be in place before the workshops commence
• Ensure the security and confidentiality of intellectual property and proprietary information, to the extent allowed by law and government policy
• Provide that each meeting will be recorded - or alternatively, that minutes of the meeting, including questions and answers, will be taken.