Tender process

Understand the tender process for long term grazing permits on Travelling Stock Reserves, including the minimum annual fee amount, tender eligibility, the evaluation process, and how successful tenderers will be invited to apply for a permit.

1. Name, purpose and commencement

1.1. This tender process is the Tender Process to determine fee for TSR Stock Permits (Long Term Grazing) 2025 (this Tender Process).  

1.2. This Tender Process is made under section 79(2)(d)(i) of the Local Land Services Act 2013.

1.3. This Tender Process is to determine the fee for a stock permit that:

• solely authorises grazing on the controlled travelling stock reserves (TSR) specified in Schedule 1, and
• is for a term of more than 12 months, commencing July 2025 and expiring on or before 30 June 2030.

1.4. This Tender Process commences when it has been approved by Local Land Services and is published on the Local Land Services website. 

2. Lodgement of tender submissions

2.1. A person who wishes to apply for a stock permit to which this Tender Process applies must lodge a tender submission (Tender Submission).  

2.2. The Tender Submission must be lodged electronically at https://www.nsw.gov.au/regional-nsw/primary-industries-nsw/travelling-stock-reserves/tsr-permits/long-term-grazing by 11:59 pm (AEST) on Sunday 30 March 2025 (Tender Submission Close Date).

2.3. Tender Submissions lodged after the Tender Submission Close Date will be rejected.

2.4. By lodging a Tender Submission, the person (Tenderer) agrees:

• to be bound by the terms of tender in Schedule 2 (Terms of Tender); and
• that Local Land Services may:
  • disclose information contained in any Tender Submission, including personal information, to other Local Land Services and Departmental officers, external consultants and advisers as may be necessary to evaluate the Tender Submission; and
  • seek information as necessary from third parties and regulatory agencies in relation to the Tenderer; and
  • make public statements about the Tender Process, including in relation to the Successful Tenderer and the Permit Fee Offer.

2.5. Tenderers must:

• be a person. (Note: A person includes an individual, a corporation and a body corporate or politic.)
• lodge no more than one (1) Tender Submission per TSR, or area within a TSR; and
• tender for no more than two (2) individual TSR, or areas within a TSR, in total.

2.6. Clause 2.5(b) and (c) do not apply in relation to TSR in the Western Local Land Services region.  

2.7. The Permit Fee Offer in the Tender Submission must:

• be in Australian dollars,
• be unconditional,
• be a single value (not a value range),
• be exclusive of GST (if applicable),
• meet or exceed the Minimum Annual Fee amount (see section 3), and
• be for the whole of a TSR, or area within a TSR, specified in Schedule 1.

2.8. The Permit Fee Offer will be payable annually if the Tenderer is successful and a permit is issued.

2.9. If two Tenderer’s make the same Permit Fee Offer, the earliest lodged Tender Submission takes precedence.

2.10. Once submitted, the Tender Submission and all associated documents become NSW Government property and will not be returned.

2.11. A Tender Submission may be withdrawn at any time during the Tender Process by notice in writing to tender.tsr@lls.nsw.gov.au

3. Minimum Annual Fee amount  

3.1. Tenderers must submit a Permit Fee Offer that meets or exceeds the Minimum Annual Fee amount specified in column 1 of Schedule 1 for the selected TSR, or area.

Notes:

• The Minimum Annual Fee amount for a TSR, or area within the TSR, is the greater of:
  • the amount determined by applying the carrying capacity methodology to the TSR or area; or
  • $275.00.
• The carrying capacity methodology referred to above uses an agistment rate per head, the size of the TSR, and notional carrying capacity, calculated over a 12-month period.  The calculation using the carrying capacity methodology is as follows; ($0.34 DSE) x (52 weeks) x (TSR NCC) x (area of the Reserve, Ha). The carrying capacity methodology is not applied in the Western Local Land Services Region.
• $275.00 is determined having regard to the minimum costs for managing a permit annually, considering average administration, TSR inspection and permit audit activities.

4. Selection Panel and Tender Manager

4.1. Local Land Services will appoint a selection panel (Selection Panel) for this Tender Process. Members of the Selection Panel must be independent from the State Government of NSW.  

4.2. Local Land Services will appoint a tender manager for this Tender Process. The tender manager must be independent from the State Government of NSW.  

4.3. The tender manager will form part of the Selection Panel.

4.4. The tender manager will be the single point of contact for Tenderers and will be responsible for responding to any enquiries from Tenderers in relation to this Tender Process.

4.5. Local Land Services will provide to the tender manager:

• technical assistance, information and advice, as requested, and  
• all relevant Tender documentation.

4.6. The tender manager must provide all Tender records to Local Land Services after the completion of the Tender.

5. Review of tender submissions

5.1. All Tender Submissions will be provided to the Selection Panel.

5.2. The Selection Panel will first review each Tender Submission and determine whether it is complete and whether it meets the eligibility criteria in Schedule 3 (Eligibility Criteria).

5.3. The Selection Panel will reject a Tender Submission that, in the Panel’s opinion, is not complete or does not meet the Eligibility Criteria.

5.4. Before the Selection Panel rejects a Tender Submission that is not complete, the tender manager will:

• notify the Tenderer of the Panel’s intention to reject and the reason(s) for rejection,
• allow the Tenderer five (5) business days to rectify the Tender Submission; and,
• take into account any rectification made.

5.5. If the Tender Manager has notified a Tenderer under 5.4 (a), and after five (5) business days the Selection Panel is still of the opinion that the Tender Submission is not complete, the tender manager will notify the Tenderer that the Tender Submission is rejected.

6. Ranking of tender submissions

6.1. The Selection Panel will rank all eligible Tender Submissions from highest to lowest according to the following:

• the dollar value of the Permit Fee Offer (50% weighting); and
• the Selection Panel’s view on the suitability of the Tenderer based on the Tenderer’s response to the evaluation criteria in the Tender Submission (Evaluation Criteria) (50% weighting).

7. Successful tenderer invited to apply for permit

7.1. The Tenderer with the highest ranked Tender Submission is the Successful Tenderer.

7.2. The tender manager will notify Local Land Services of the Successful Tenderer.

7.3. After receiving the notice under clause 7.2, Local Land Services may at its discretion give written notice to the Successful Tenderer advising that the person is:

• the Successful Tenderer and,
• invite the person to make an application for a stock permit in respect of the TSR, or area within a TSR, specified in their Tender Submission.

7.4. Alternatively, Local Land Services may choose not to invite the Successful Tenderer to apply for a stock permit provided Local Land Services is of the view that there are reasonable grounds to do so.  

7.5. If the Successful Tenderer does not make an application to Local Land Services for a stock permit in respect of the TSR or area specified in their Tender Submission within 14 days after the written notice referred to in clause 7.3 is given, the Successful Tenderer’s Tender Submission will be taken to be withdrawn.

7.6. If the Successful Tenderer’s Tender Submission is withdrawn or a stock permit is not issued to the Successful Tenderer for any reason, Local Land Services will notify the tender manager and the tender manager will advise Local Land Services of the next highest ranked Tenderer. That person will become the Successful Tenderer. Clauses 7.3-7.5 then apply.  

7.7. Local Land Services may at its discretion, including if no Tender Submissions are received, or if only one Tender Submission is received, or if no Tenderers meet the Eligibility Criteria or Evaluation Criteria, choose to terminate the Tender Process in whole or in relation to one or more TSR or areas within a TSR and consider other options for issuing a stock permit.  

8. Determination of stock permit application

8.1. Being selected as a Successful Tenderer does not guarantee that the Successful Tenderer will be issued a stock permit. If the Successful Tenderer lodges an application in response to the invite under clause 7.3(b), the Successful Tenderer’s application for a stock permit will be assessed and determined by an authorised officer of Local Land Services in accordance with the Local Land Services Act 2013.  

8.2. The Successful Tenderer’s Tender Submission will be treated as information in support of their application for the stock permit.

8.3. If a stock permit is issued, the fee for the stock permit will be equal to the Successful Tenderer’s Permit Fee Offer.

8.4. After a stock permit has been issued, the tender manager will, by notice in writing, advise each unsuccessful Tenderer that they were not a Successful Tenderer.

9. Miscellaneous

9.1. Unless otherwise defined, words and expressions that are defined in the Local Land Services Act 2013 have the same meaning in this Tender Process.

9.2. Local Land Services or the Selection Panel may, in its absolute discretion, at any stage, undertake investigations to confirm that a Tenderer has complied with the Terms of Tender, including to confirm there are no conflicts of interest which may preclude them from becoming the Successful Tenderer.

9.3. If issued, the stock permit will:

• be for a term of more than 12 months,  
• have an end date of no later than 30 June 2030, and  
• be subject to conditions.

Note: A sample stock permit including conditions is available. Tenderers should be aware that it is a sample only and does not limit the conditions of any permit that may be issued.

9.4. Local Land Services may vary or terminate this Tender Process at any time, for any reason, by written notice on its website at: https://www.nsw.gov.au/regional-nsw/primary-industries-nsw/travelling-stock-reserves/tsr-permits/long-term-grazing

Note: For example, if no Tender Submissions are received, or if only one Tender Submission is received, or if no Tenderers meet the Eligibility Criteria or Evaluation Criteria, Local Land Services may choose to extend the Tender Submission Close Date, or vary, or terminate the Tender Process and consider other options for issuing a stock permit.

9.5. Without limiting clause 9.4, if only one (1) Tender Submission is under consideration in relation to a TSR, or area within a TSR, Local Land Services may directly negotiate with the sole Tenderer.

9.6. A Tender Submission that has been rejected or withdrawn is taken never to have been made.

10. Review

10.1. The Tender outcome is final and no review applications will be accepted in relation to the Tender.