How To Write an Expression of Interest When Filing Tender

An expression of interest for a tender (EOI) is a short submission you lodge in the first stage of a two-stage tender to show the buyer you’re capable, available and interested. It isn’t a priced bid and it doesn’t create a contract. The buyer uses EOIs to build a shortlist, and only shortlisted businesses get invited to submit a full tender.

Here’s the catch. Most small businesses either treat an EOI as a formality and fire off a generic capability statement, or they panic and write it like a 40-page tender with pricing and a delivery program. Both approaches get cut. The good news? An EOI rewards preparation far more than polish, and you can do most of that preparation once and reuse it.

What is the difference between an expression of interest and a tender?

An expression of interest asks one question: can you do this work, and do you want it? A tender asks how you’ll do it, who will do it, and what it will cost. The EOI comes first and narrows the field. The tender comes second and picks the winner.

Buyers use different labels, so it helps to know what each document is really asking for.

Document	What the buyer wants to know	What you send	Is it binding?
Expression of interest (EOI)	Are you capable, available and interested?	Capability, comparable experience, compliance documents	No, but you’re bound by the EOI conditions and must be accurate
Request for information (RFI)	What’s out there, and what should we ask for?	Market information and options	No
Request for tender (RFT)	How will you deliver this, and for how much?	Full methodology, team, program, pricing, contract departures	Often yes. Many tenders treat your response as an offer the buyer can accept
Request for quote (RFQ)	What does this defined job cost?	Itemised pricing and delivery terms	Usually a firm quote for a stated period

The mistake we see most often is treating the EOI as “the easy bit” and the tender as the real work. In practice, the EOI is where most businesses get eliminated. If you’re new to the full process, start with our guide to how government tenders work.

How does the expression of interest for tender process work?

Every buyer runs it a little differently, but the shape is consistent across councils, state agencies, federal departments and large private buyers like mining and construction companies.

1. The buyer publishes a request for EOI. It sets out the project scope, the mandatory criteria, the scored criteria, the format and the closing time.
2. You submit your EOI. Usually through an online portal, sometimes with returnable schedules (forms you must fill in exactly as provided).
3. The buyer checks compliance. Mandatory criteria are checked first. Fail one and you’re out.
4. A panel scores the rest. Each scored criterion gets a mark, weightings are applied, and responses are ranked.
5. Shortlisted businesses are invited to tender. This is when pricing, methodology and contract terms come into play. Our explainer on what a request for tender involves covers that stage.

That fourth step is worth understanding properly, because it changes how you write. The NSW Government’s guide to expressions of interest for construction projects tells agencies to score each project-specific criterion out of 100. Panel members score on their own first, then agree a consensus score, then apply weightings. The same guide says pricing isn’t sought at the EOI stage and no contract is formed.

What does that mean for you? Each criterion is marked separately, by people reading many responses. A brilliant answer to criterion one won’t rescue a vague answer to criterion three. Write every section as if it’ll be read on its own, because it will be.

Should you respond to this expression of interest at all?

Ask this before you write a word. An EOI costs far less than a full tender, but it isn’t free, and taking a shortlist spot you then decline doesn’t do your reputation any favours with buyers who tender regularly.

Run through this quick go/no-go check:

• Do you meet every mandatory criterion today? Not “we’re applying for that accreditation”. Today.
• Do you have two to four genuinely comparable jobs? Similar size, similar setting, similar type of client.
• Could you actually resource it if you won? Look at your current workload and cash flow, not your best-case pipeline.
• Can you live with the draft contract? If one is attached, skim the liability, indemnity, insurance and payment terms now.
• Would you be better off as a subcontractor? For big projects, the head contractor may be the smarter customer.

Two or more “no” answers? Skip it, or find a partner. Saying no to the wrong tender is a skill, and it frees up time for the right one.

How do you write an expression of interest for a tender?

Follow the buyer’s structure, prove every claim, and stop when you’ve answered the question. Here’s how to do that step by step.

Step 1. Turn the EOI conditions into a checklist

Read the whole request, including the conditions of participation and every attachment. Then build a one-page checklist of what must be submitted, in what format, by when.

Split it into two columns. Mandatory items (legal entity, insurances, licences, WHS system, financial capacity, conflict of interest declarations) are pass or fail. Scored items (experience, people, approach) are where you compete. Most rejected EOIs fail in the first column, not the second.

Note the closing time and the question deadline too. If something’s unclear, ask through the buyer’s nominated channel before questions close. Answers are usually shared with every respondent, so don’t expect a private advantage, but you will get clarity.

Step 2. Use the buyer’s structure, not your own

If the buyer provides returnable schedules, fill them in exactly. Don’t attach your company brochure and write “see attached”. Evaluators work from a scoring sheet, and if your answer isn’t where they expect it, it may as well not exist.

Where there’s no set format, this structure works for most EOIs:

Section	What goes in it
Cover letter	EOI title and reference number, your entity name and ABN, a two-line summary of why you fit
Company profile	Business structure, locations, size of team, years operating
Relevant experience	Two to four comparable projects with scope, value, dates and outcome
Key personnel	Who’ll actually do the work, with relevant qualifications
Capability and capacity	Equipment, systems, current workload and how you’d resource this job
Compliance documents	Insurance certificates, licences, accreditations, WHS and quality policies
Subcontractors or partners	Who’s involved and what they’ll deliver
Declarations	Conflicts of interest and any other forms the buyer requires

Respect page and word limits. In most public sector processes, going over is treated as non-compliance, however good the extra content is.

Step 3. Answer each selection criterion with evidence

This is where EOIs are won. Every scored criterion needs a direct answer, backed by something the evaluator can check. Here’s the difference in practice, using a criterion a cleaning business might see:

Criterion: Demonstrated experience delivering similar services in occupied buildings.

Weak answer: “We are a highly experienced cleaning company with a strong commitment to quality and customer satisfaction. Our team has extensive experience across many sectors.”

Strong answer: “Since 2023 we’ve delivered after-hours cleaning at three occupied sites: two council administration buildings and an independent school, each between 1,200 and 4,500 square metres. All three involve staff on site during part of our service window. Our supervisor runs a fortnightly walk-through with each facilities manager, and we’ve had no contract-level complaints across any site. Referees are available for all three.”

Same business. Completely different score. The strong answer names comparable jobs, gives scale, explains how the risk (working around occupants) is managed and offers proof. It doesn’t use a single adjective about itself.

Pick your examples for comparability, not prestige. A smaller job that matches the buyer’s setting beats a bigger job in an unrelated sector.

Step 4. Get your compliance documents ready before you need them

Current certificates of currency, licences, WHS and quality policies, and recent financial statements if financial capacity is assessed. If any of these are out of date, fix them now. An expired certificate is the most avoidable way to fail an EOI.

Buyers also look at who’s actually contracting. Many government and large private buyers prefer, and some require, a company rather than a sole trader for larger or higher-risk work. If you’re tendering regularly, it may be time to register a company so the right entity holds the contracts, insurance and track record.

Step 5. Read the draft contract while you still have time

Many EOIs attach the contract the winner will sign, or at least name it. Read it at EOI stage. Once you’re shortlisted, the tender window is often only a couple of weeks, and that’s when you’ll be expected to list any departures (the clauses you want changed).

Look first at liability caps, indemnities, insurance levels, payment terms, intellectual property ownership and what happens if delays are outside your control. If those terms are a dealbreaker, it’s far cheaper to find out now than after you’ve written a full tender.

Step 6. Submit early and keep the receipt

Late submissions are rejected in government procurement, usually without any discretion. Portal uploads fail, files exceed size limits and logins expire, always on closing day. Aim to submit a day early and save the confirmation email or receipt number.

What should you leave out of an expression of interest?

What you don’t send matters almost as much as what you do.

• Pricing, unless it’s asked for. EOIs assess capability. Volunteering rates can lock you into a number before you’ve seen the full scope. If indicative rates are requested, state your assumptions and label them as indicative.
• Claims you can’t back up. Overstating your experience, capacity or results can amount to misleading or deceptive conduct under the Australian Consumer Law, even at EOI stage and even if you don’t win. Keep claims specific and verifiable.
• Your secret sauce. Describe your methodology at a level that shows competence, not one that hands over your processes. Mark anything sensitive as commercial-in-confidence and follow the buyer’s instructions on how that’s treated.
• Other people’s details without permission. Get consent before you include a partner’s capabilities, a subcontractor’s CVs or a client as a referee.

Where do you find EOI and tender opportunities in Australia?

Each level of government publishes through its own portal, so register on the ones that match where you work and set up alerts for your industry categories.

• Federal: AusTender lists Australian Government opportunities, including EOIs, and lets you subscribe to notifications by category.
• NSW: state opportunities are published through buy.nsw, which has replaced the old eTendering site as the main entry point for suppliers.
• Other states and territories: each runs its own tender portal. Search “[your state] government tenders” and register once.
• Councils: many use third-party tender portals, so check each council’s tenders page and register with the portal it uses.
• Private buyers: large construction, mining and infrastructure companies often run their own supplier portals and prequalification processes.

The federal rules have also moved in small business’s favour. Changes to the Commonwealth Procurement Rules took effect on 17 November 2025. They lifted the threshold for non-construction procurement by non-corporate Commonwealth entities from $80,000 to $125,000, and below that threshold those entities must invite only Australian businesses to non-panel opportunities. The Department of Finance’s Supplier Portal, where you can flag that you’re an SME, an Australian business, an Indigenous business or women-owned, opened to all businesses from July 2026. Register and keep your profile current.

If you’re an Indigenous business, also look at opportunities under the Indigenous Procurement Policy, which still applies alongside these changes.

What we see in Lawpath consultations about tenders

Our lawyers talk with small businesses about tenders every week, from first-time council bids to supply chain work for major resources companies. The same patterns keep coming up.

The supply chain paperwork doesn’t exist

A common issue is that a business is bidding with a partner, a parent company or a key subcontractor, and nothing is in writing between them. Tender documents increasingly ask for evidence of those arrangements. Our lawyers regularly recommend getting a subcontractor agreement signed before or shortly after you submit, with confidentiality terms that protect your processes and supplier relationships.

Joint bids go wrong when nobody agreed the rules

Where this goes wrong is the joint bid that fails, or closes without a winner. Suddenly one party wants to approach the buyer directly and isn’t sure what the NDA they signed allows. Agree up front who leads, who subcontracts, who owns the bid material and what happens if the bid fails. A teaming agreement is built for exactly this, and a mutual NDA covers the early conversations before you’ve decided to bid together.

“Take it or leave it” contracts often aren’t

Most founders assume a big buyer’s tender contract can’t be changed. In practice, we see small suppliers handed terms with no liability cap, responsibility for delays they can’t control and broad indemnities. Those terms are often disproportionate to panel-style work where no volume is even guaranteed. The tender departures schedule exists for a reason. Use it, and get the clauses reviewed before you lock in your response.

Compliance policies need to fit your actual role

Tenders on larger projects often ask for an industrial relations, WHS or quality policy. Copying a head contractor’s policy rarely fits if you’re delivering a specialist subcontract service. Our lawyers’ advice is to tailor the document to what you actually control: cooperation with the head contractor, how you’ll respond to disputes on site, and your own staff obligations.

Don’t buy insurance before the buyer asks

Council work commonly comes with public liability requirements around $20 million, plus professional indemnity for advice-based services. That surprises a lot of small businesses. Our lawyers’ tip: confirm the exact requirement in the tender documents before buying new cover, and if the level looks excessive for the job, ask whether it can be negotiated down.

Sometimes the smarter customer is the head contractor

For defence and major infrastructure work in particular, our lawyers often point founders toward the primes and head contractors rather than the government agency itself. Getting onto a head contractor’s supplier panel can be a faster route into big projects than winning the head contract yourself.

What happens after you submit an expression of interest?

One of three things.

You’re shortlisted. Congratulations, the real tender starts now. You’ll get the full documents and a deadline, and this is where pricing, methodology and contract departures come in. Our steps to simplify the tender process are a good next read.

You’re not shortlisted. Ask for a debrief. NSW guidance tells agencies to give unsuccessful applicants one, and most buyers will at least explain which criteria let you down. The reason is usually specific (a missing accreditation, thin comparable experience) and fixable before the next round.

The process is withdrawn. Funding changes and priorities shift. It happens more than you’d think at EOI stage, and it says nothing about your submission. Keep the material, because most of it can be reused.

Frequently asked questions

Is an expression of interest for a tender legally binding?

No, an EOI isn’t a binding offer and doesn’t form a contract. You’re still bound by the EOI conditions, like deadlines, confidentiality and conflict of interest rules, and everything you say must be accurate. The full tender that follows may be binding, so check those conditions carefully.

Do I need to include pricing in an EOI?

Usually not. EOIs assess capability, and pricing comes at the tender stage. If the buyer asks for indicative rates, provide them with your assumptions and make clear they’re indicative, not a firm quote.

How long should an expression of interest be?

As long as the buyer allows and no longer. Page and word limits are compliance requirements in most public processes. If there’s no limit, keep it tight: answer each criterion directly, attach what’s requested, and cut anything the evaluator didn’t ask for.

Can a sole trader submit an expression of interest?

Often, yes, particularly for smaller or lower-risk work. Some buyers prefer or require a company for larger contracts because of liability and governance. Check the conditions of participation, which will say who’s eligible.

Can I submit an EOI and then decline to tender?

Yes. An EOI doesn’t commit you to bid. That said, buyers who tender often notice businesses that take shortlist places and then pull out, so do your go/no-go thinking before you submit, not after.

Can two businesses submit a joint expression of interest?

Usually, if the EOI allows consortiums or subcontracting. Agree in writing who leads, who does what, who owns the bid material and what happens if you’re unsuccessful. A teaming agreement or joint venture agreement covers this.

What is a capability statement in an EOI?

A short document summarising what your business does, your experience, your people and your credentials. It’s useful as a base, but don’t attach it in place of answering the criteria. Evaluators score answers to their questions, not brochures.

What happens if I miss the EOI closing time?

In government procurement, late EOIs are almost always rejected, and there’s rarely an appeal. Ask to be added to the buyer’s notification list and register on their tender portal so you hear about the next opportunity early.

What should you do next?

If you’ve read this far, you’re already ahead of most respondents. You don’t need a bid team or a 40-page document. You need a checklist, two or three well-chosen examples and your compliance documents in date.

The one thing worth doing before you submit is having a lawyer look over the tender conditions and draft contract, so you know what you’re signing up for if you’re shortlisted. Get a fixed-fee quote from a Lawpath lawyer to review your tender documents today. And once you win the work, a services agreement keeps your other client relationships just as clear.