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Government Tenders

The Queensland Government is estimated to have spent approximately $12 billion on goods, services and construction in 2007/2008. At Ferguson Cannon Lawyers we have extensive experience in dealing with Government Departments and winning Government Tenders for suppliers of all ties of goods and sizes. The Queensland Government is bound to consider all businesses of various size and experience when evaluating tenders and selecting suppliers of goods and services.

In recent times the Queensland Government has shifted its view on procurement to focusing on sustainable procurement. This change is reflected in the State Procurement Policy. A key document that is very complex and needs to be understood well if you are going to succeed in winning a government tender.

SUSTAINABLE PROCUREMENT & THE STATE PROCUREMENT POLICY

In terms of the Queensland Government's State Procurement Policy, sustainable procurement means that when buying goods and services, consideration is given to the following:

• Strategies to avoid unnecessary consumption and manage demand;
• minimising environmental impacts of the goods and services over the whole-of-life of the goods and services;
• suppliers' socially responsible practices including compliance with legislative obligations to employees; and
• value for money over the whole-of-life of the goods and services, rather than just initial cost.

This aligns with the definition adopted in the Australian Procurement and Construction Council Inc (APCC), which has developed The Australian and New Zealand Government Framework for Sustainable Procurement. The framework developed by the APCC is a set of principles designed to guide the Australian and New Zealand governments in implementing sustainable procurement.

At Ferguson Cannon Lawyers we have worked closely with government departments to ensure that ay client bidding on a Government tender can assist the government Department to comply with the Sustainable Procurement objectives it has.

Through our experience we have established that to be successful in Government Tenders businesses need to focus on issues such as:

• Reduced usage by consuming less, sharing, reuse, life extension through improved durability, extended warranties or repair.
• environmental and social impacts associated with the manufacture or production of the product or service.
• transport and logistics associated with production and distribution of the product or service.
• product design, and its subsequent impacts through the lifecycle of the product.
• hazardous material content, including toxicity.
• resource requirements.
• emissions and other pollutants at all stages of the lifecyle.
• energy and water required at all stages of the lifecyle.
• end of life options, including the reuse, repair, recycling and disposal options at the end of a product's life.
• social responsibility and ethical behaviour of manufacturers and suppliers of the product.

WHAT A GOVERNMENT TENDER NEEDS TO FOCUS ON FROM A SUSTAINABLE AND ENVIRONMENTAL POINT OF VIEW IN ORDER FOR IT TO BE CONSIDERED BY THE QUEENSLAND GOVERNMENT

When responding to government tenders and contracts, you as a potential supplier will be expected to answer questions regarding sustainability performance. This may include questions regarding the products or services in question, including production or sourcing of the products, as well as questions regarding your organisation.

When responding to an offer you as a potential suppliers should be prepared to describe your systems, programmes, processes, activities or initiatives that your organisation has in place that are directed towards meeting sustainability objectives. Evidence, such as certificates and other supporting documents should be provided for all responses given.

IF you are to be successful in winning a Government Tender your business and/or company must focus on environmental and sustainability issues. In most government tenders heavy weighting is now given by the relevant Government Department to environmental and sustainability issues. If you cannot demonstrate your businesses and/or companies ability to meet the Queensland Government’s environmental and sustainability objectives you will not be successful.

At Ferguson Cannon Lawyers our experience in environmental and sustainability law and government tendering has allowed us to identify the following key areas that need to be focused upon;

1. How your business or company will allow the Government to reduce adverse environmental impacts arising from Government procurement. This includes, amongst others:
   • Reduced water and energy use
   • Reduced waste and landfill
   • Reduced greenhouse gas emissions
   • Decreased air, land and water pollution
   • Reduced consumption of natural and processed resources
   • Reduced toxic materials entering the environment
   • Increased health and safety of the community
2. How your business or company will allow the Government to make efficient use of public resources. This requires a focus on:
   • Improved value for money in procurement decisions, via offering a more comprehensive consideration of the costs and outcomes associated with procurement decisions; and
   • Improved environmental risk management.
3. How your business or company will allow the Government to stimulate local and global markets to innovate and produce more sustainable products and services for public and private organisational purchasers and Australian consumers. This requires a focus on:
   • the market for more sustainable products and services, in particular local businesses;
   • increasing the availability of more sustainable products and services; and
   • improving the level of information available to buyers about the sustainability performance of products and services thus facilitating procurement choices.
4. How your business or company will allow the Government to demonstrate that it is committed to achieving sustainable development objectives. This requires a focus on:
   • demonstrating social and environmental responsibility; and
   • reducing the potential negative publicity associated with the use of products, services and suppliers with poor environmental and social responsibility records.
5. How your business or company is committed to providing safe working conditions for employees. This requires a focus on:
   • Less exposure to toxic materials and emissions, through use of more benign products and services.

At Ferguson Cannon Lawyers we have also identified that it is key to ask potential suppliers of Government Departments that are thinking of attempting to do business wit the Queensland Government, what their organisation can do to improve the sustainability of their goods and services?

Some of the initiatives we at Ferguson Cannon Lawyers have worked with businesses and companies of all sizes in adopting to improve their sustainability performance include:

• Conducting a whole-of-life sustainability assessment of products and services to identify areas of environmental and social impact.
• Adopting approaches to product design, manufacturing, production, distribution and service that reduce identified impacts throughout the life cycle of products. For example, reduce the use of resources, particularly non-renewable resources; reduce water and energy use; reduce greenhouse gas emissions; minimise the release of toxic substances and minimise waste disposal to landfill.
• Being responsible for end-of-life product impact through extended producer responsibility programs and take part in available government approved product stewardship schemes.
• Becoming signatories to programs to improve environmental impacts; for example, The Australian National Packaging Covenant.
• Being aware of best practice within industry both nationally and internationally.
• Developing sustainability policy and strategy and targets for the organisation, and ensure this information is communicated to all staff. This may include developing sustainability training for staff.
• Developing internal systems or programs to promote improvements in sustainability performance. This could include a formal Environmental Management System.
• Obtaining accreditation or work towards achieving accreditation from nationally or internationally recognised ISO14001 Type 1 Eco-labels
• Working together with your supply chain partners to progress sustainability of their operations and the supply chain as a whole.

CONCLUSION

Suppliers and potential suppliers to the Queensland Government are required to demonstrate their commitment to sustainability and a practice of continuous improvement and innovation in sustainability.

If you are considering doing business with a Queensland Government agency, it is essential that you fully understand the sustainable procurement sections of the State Procurement Policy and that you are familiar with agency requirements. You must also develop an understanding of the relevant agency's sustainable procurement implementation strategy. Ferguson Cannon Lawyers have developed an innate understanding of all the State Procurement Policy that is ever changing. Ferguson Cannon Lawyers is in constant contact with key Government Departments to stay on top of current trends and to ensure that when helping clients to answer Government tenders that the relevant department’s requirements are fully satisfied.

At Ferguson Cannon Lawyers, we understand and appreciate that securing a Government tender can be key to the financial success of your business. We have a high success rate when working with businesses and companies when tendering for Queensland Government Contracts.

For further queries regarding your Queensland Government Tender queries, please contact Byron Cannon, Director byron@fclawyers.com.au  or Samuel Barber, Solicitor sam@fclawyers.com.au or (07) 5443 6600.