Depending on the level of in-house capability and capacity and the project's size and complexity, you might need the support of specialised consultants. This could include the appointment of technical advisory services, commercial and financial, legal and probity advisors.
Guidance for procurement of the construction works contractor can be found on the Procurement page.
During the project definition, funding and approvals phase, you may be required to draft a funding submission and/or business case depending on the project's size and complexity.
To support the funding submission and/or business case, the following technical advisory services may be required:
- functional and architectural design services for developing a master plan and/or concept design, and
- quantity surveyor services for developing project cost estimates.
If the project is complex or includes key technical risks that require additional input to assist in cost estimation during the development of feasibility assessments and business case submissions, you may also wish to consider the engagement of:
- engineering advisory services for the development of site risk assessment or technical scope development, and
- project management services for managing the development of technical scope, overarching design considerations and cost estimation.
To engage typical technical advisory services, such as those mentioned above, you may use the TAFE’s in-house supplier list or the Construction Supplier Register.
Although technical advisory services with ISO9000 accreditations are not required, you may consider reviewing the providers’ accreditations during procurement if relevant.
Once you have completed (or in parallel with the development of) a master plan and/or concept design, you may wish to engage additional consultants to help prepare the business case, including:
- commercial and financial advisory services to support business case drafting, provide advice on commercial structuring and undertake financial modelling to support funding requirements, and
- legal advisory services to provide any specific legal advice required to support the business case including any MOUs with 3rd party project partners, land considerations or any other project-specific legal issues which may arise during this phase.
To engage commercial and financial, legal and other professional advisory services listed above, you may use the TAFE's in-house supplier list or one of the whole-of-government goods and services registers.
Guidance for undertaking procurement of the construction works contractor is available.
The procurement process for the project will typically involve preparing planning or design documents, drafting tender documentation, engaging with the market, evaluating responses and selecting a contractor.
To support this, you may wish to engage the following technical advisory services:
- architectural and engineering design services to:
- progress the development of project scope and design details
- support the preparation of a functional brief and technical specifications (including any preliminary or detailed designs that may have been developed) as part of the tender documentation, and
- help assess technical aspects of tender submissions, support interactions with tenderers and resolve outstanding technical issues prior to contract execution.
- latent condition risk assessments including contamination testing, soil and geotechnical testing, and building condition assessment
- planning services including town planning and engagement with local council or broader planning requirements, and
- quantity surveying services for further refinement of the business case cost estimate to provide a benchmark for evaluating cost proposals in tender responses.
For medium complexity and HVHR classified projects where the TAFE does not have the requisite in-house experience or capacity, you may need to engage external project management services to support the overarching coordination of the above activities.
Although technical advisory services with ISO9000 accreditations are not required, you may consider reviewing the providers’ accreditations during procurement if relevant.
Technical advisory services, such as those mentioned above, can be engaged using the Construction Supplier Register.
In addition to technical advisory services, you may wish to engage commercial and financial, legal, probity and other professional advisory services:
- commercial and financial services to:
- support the development of the project planning documents and tender documentation including providing guidance on commercial principles and evaluation criteria
- help facilitate engagement with the market including assisting with running interactive tender process (if relevant)
- provide support to the evaluation panel in assessing responses and identifying issues for resolution, and
- provide support for commercial negotiations prior to contract award and execution
- legal services to:
- identify project-specific legal risks for inclusion in tender documentation
- prepare draft contract documentation, including the incorporation of project-specific commercial structuring into standard contracts, if utilised
- provide advice to any commercial and legal working groups involved in the tender evaluation regarding legal departures and other issues, and
- support negotiations and finalisation of contract documentation for execution, and
- probity advisory services to monitor conflicts of interest and ensure evaluation of tender submission meets probity requirements.
To engage the types of advisory services listed above, you may use the TAFE’s in-house supplier list or one of the whole-of-government goods and services registers.
Guidance for procurement of the construction works contractor is available.
- architectural and engineering design services to:
During the project's delivery phase, you will need to manage construction works and manage a contract.
To support this, you may wish to engage the following technical advisory services:
- architectural and engineering design services to:
- develop design documentation, including reports (depending on the selected procurement model)
- undertake design review, risk management and value management activities
- provide inspections of the works to ensure the works are constructed in accordance with design documentation (depending on the selected procurement model)
- help assess any proposed variations requested by the contractor are suitable and value for money
- assist with commissioning and handover to the facilities team, and
- quantity surveying services for cost estimates and reports of any variations proposed by either the TAFE or the contractor throughout the delivery phase.
For medium complexity and HVHR classified projects where the TAFE does not have the requisite in-house experience or capacity, you may need to engage project management services to support the overarching coordination of the above activities.
Although technical advisory services with ISO9000 accreditations are not required, you may consider reviewing the providers’ accreditations during procurement if relevant.
Furthermore, you may wish to engage the following other types of advisory services:
- commercial and financial services to provide:
- assistance with the preparation of the construction phase and operating phase contract administration manuals
- advice in relation to potential contractor claims
- development or review of a key performance indicator monitoring model or reporting framework, and
- legal services to support in the management and resolution of any legal matters that may arise.
To engage the technical advisory services listed above, you may use the Construction Supplier Register.
To engage the other types of advisory services listed above, you may use the TAFE’s in-house supplier list or one of the whole-of-government goods and services registers.
Guidance for undertaking procurement of the construction works contractor is available.
- architectural and engineering design services to:
The process for engaging both technical advisory services as well as commercial and financial, legal, probity and other professional advisory services is outlined below.
When conducting either a limited tender or selective tender, you may wish to use the whole-of-government Construction Supplier Register. This is a list of prequalified construction services suppliers and consultants which can be used by government departments and agencies, including TAFEs, to help deliver construction projects. You can find technical advisory services using the "construction services" category of the Construction Supplier Register.
The Ministerial Directions for Public Construction Procurement outlines requirements for engaging technical advisory services including:
- conducting a limited tender with a single potential tenderer if the value of the engagement is expected to be less than $50,000 (inclusive of GST).
- inviting at least three potential tenderers to participate in the limited tender where the value of the engagement is expected to be between $50,000 and $200,000 (inclusive of GST), and
- conducting an open tender or selective tender where the value of the engagement is expected to be over $200,000 (inclusive of GST).
Further guidance on limited tenders and selective tenders is available.
You are also subject to the TAFE's internal procurement policies. It is recommended that you evaluate these requirements in conjunction with the Ministerial Directions for Public Construction Procurement.
Although the Construction Supplier Register allows you to search for prequalified technical consultants, it is important for TAFEs to undertake their own due diligence in selecting a supplier.
Please note, that under a TAFE capital works funding agreement it is important to ensure that any specialised consultant engaged in relation to the project delivery, obtains and maintains all necessary insurances, with professional indemnity insurance maintained no less than ten (10) years after project completion.
CWFA - sample for information onlyCommercial and financial, legal and probity advisory services are categorised as ‘goods and services’ under Victorian Government policy. When procuring goods and services, you may wish to use a register of suitable suppliers to meet project needs. The Victorian Government Goods and Services Contracts webpage provides the complete list of available registers, which are supported by centralised government contracts known as state purchase contracts. State purchased contracts allow government agencies, such as TAFEs, to more easily engage commercial and financial, legal and probity advisory services.
The Professional Advisory Services State Purchase Contract allows engagement of commercial and financial and probity advisory services to meet project resourcing requirements. Meanwhile, the Legal Advisory Services State Purchase Contract will allow the engagement of legal advisory services.
These state purchase contracts allow selection of either a sole pre-qualified supplier or a panel of pre-qualified suppliers to meet project needs across its lifecycle. Although there are no restrictions on the number of suppliers that must be invited for a tender process, you are required to complete a complexity and capability assessment before undertaking goods and services procurement.
Further guidance on whether a prequalified supplier register is appropriate for project-related service procurement can be found at Buying for Victoria.
The Department of Jobs, Skills, Industry and Regions, and by extension the TAFEs, is mandated to comply with Victorian goods and services supply policy when engaging commercial and financial, legal and probity advisory services.
Please note that under a TAFE capital works funding agreement it is important to ensure that any specialised consultant engaged in the project delivery, obtains and maintains all necessary insurances, with professional indemnity insurance maintained for no less than 10 years after project completion.
CWFA - sample for information only
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