Statement of compliance and what is collusive tendering?

Want to be shortlisted?

These two sections of the tender could make or break you. 

The Statement of Compliance confirms that you understand the tender requirements and that you can comply with all their needs.

When responding to a tender, please state “fully compliant”, “partially compliant”, “not compliant”, and or list that you are submitting a “non-conforming alternative solution”.

It’s in your best interest to submit a ‘fully compliant response, or you may be penalised.

Any modifications will need to be pre-approved, or you could be wasting your time.

Generally speaking, the compliance section of the tender documents will require a signature to confirm you comply. 

What is Collusive tendering? 

Organisations that issue a tender (Tenderer) are responsible for promoting fairness and impartiality in the tendering process.

Organisations will require to confirm that you have not fraudulently collaborated with any other party to secure an unfair advantage and/or arrange more favourable contract terms (i.e., price-fixing) for the award of the tender contract.

Organisations should respond with a response that states something like;

  • “The Tenderer or its agents has not entered into any contract, arrangement or understanding to pay money or provide benefits to any party relating to the awarding of the contract.
  • The Tenderer’s price has been formed alone and not in conjunction with other bidding parties. 
  • The Tenderer has not had any prior knowledge of any other bidder’s price.
  • The Tenderer has not given information to any party involved in the process relating to their response.
  • That the price has not been set to make other tenders look better.
  • At the date of the declaration, the Tenderer intends to do all the work set out.
  • The Tenderer’s price has not been disclosed to:
    • Any party that has submitted a tender;
    • Any party proposing to submit a tender; or
    • Any party connected or associated with a Tenderer.
    • That no agreement has been made that the successful Tenderer will give monies to any bidder who withdrew or was unsuccessful in the process.

Organisations must be aware that a breach must be disclosed in the ‘Collusive Tendering’ section of the tender response and the reason for each violation.

The ‘Collusive Tendering’ section will often require the Tenderer to physically sign and agree that they have not engaged in any collusive tendering arrangements.

We hope this helps you and please call anytime if you have any questions.

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