How To Write an Expression of Interest When Filing Tender

Is your Australian business looking to efficiently engage suppliers, partners, or contractors? Then you may need to know how to write an Expression of Interest (EOI) request.

Whether you’re planning a government project, seeking franchise partners, or exploring new service providers, a well‑crafted EOI helps you attract qualified and capable participants before launching a full tender.

This guide explains how to plan, structure, and issue a compliant EOI. We cover everything from defining your scope to meeting legal standards under Australian procurement rules. 

By following these steps, your business can streamline the selection process and secure the right partners for future projects.

Understanding what an Expression of Interest (EOI) request is 

An Expression of Interest (EOI) is a formal request that your organisation can use to gauge the market’s interest or capability to deliver a specific product, service, or project before moving to a full tender or procurement phase. 

It’s an early step in the procurement process that helps shortlist qualified suppliers based on their experience, capability, and availability.

Definition table

Term	Definition
EOI (Expression of Interest)	A preliminary document inviting suppliers to express their interest and capabilities for a proposed project.
RFT (Request for Tender)	A detailed invitation to submit a formal bid to supply specific goods or services under defined conditions.
Procurement Process	The structured method of sourcing goods and services, from initial planning through to contract award and management.

Buyers use EOIs when they are unsure which suppliers can meet their needs or while refining the project’s exact scope. The process helps you save time and ensure that only capable, credible businesses proceed to the more detailed stages of tendering, such as the Request for Tender (RFT).

For example, a state health department wants to introduce a new digital patient‑record system. Before launching a full RFT, it issues an EOI to IT service providers seeking outlines of their capability, experience with health data systems, and proposed timeframes. Only firms demonstrating adequate capacity progress to the RFT stage.

Remember that there is a big difference between EOI vs tender. It isn’t the same as an RFT or a Request for Quotation (RFQ). 

Below is a handy table to navigate the key terms in the procurement process. 

Document Type	Purpose	When Used	Level of Detail	Legal Obligation	Typical Outcome
EOI (Expression of Interest)	To identify interest and capability	Early procurement or pre‑tender phase	Broad overview	Not legally binding	Shortlist of qualified participants
RFT (Request for Tender)	To invite detailed bids for specific deliverables	After EOI or in an open tender process	High detail, includes terms	Legally binding on acceptance	Formal contract offer
RFQ (Request for Quotation)	To obtain specific pricing information	For defined goods/services	Precise pricing required	May be binding depending on terms	Price comparison and supplier selection
Tender	General term for a formal procurement process	Across projects or government contracts	Varies depending on type	Usually binding	Contract award to the chosen supplier

In Australia, procurement processes, particularly for government projects, adhere to strict principles of confidentiality, fairness, and equal opportunity. The Commonwealth Procurement Rules (CPRs) require agencies to treat all potential suppliers equitably and avoid conflicts of interest. 

Confidential information, including intellectual property in submissions, must be secured and used only for evaluation purposes.

When a business needs to issue an EOI request 

There are several reasons your business might need an EOI. Usually, you’ll request when working on complex or high-value projects. Some common situations include:

• Government procurement: Australian federal, state, and local governments often issue EOIs for large infrastructure, community projects, or technology upgrades to ensure compliance with competitive and fair procurement principles.

Example: The Department of Transport releases an EOI for a new public transport ticketing system before moving to tender.

• Hiring or engaging suppliers: Businesses use EOIs to find builders, contractors, or consultants who meet specific qualifications.

Example: A university issues an EOI to architectural firms for a campus redevelopment.

• Pre‑qualifying participants: When full tender participation would be costly or inefficient, EOIs filter suitable candidates in advance.

Example: A mining company invites EOIs from engineering firms with experience in remote-site operations before tendering a major project.

• Business expansion and partnerships: Companies exploring expansion, joint ventures, or franchises may issue EOIs to attract expressions of capability or investment interest.

Example: A café franchise issues an EOI for franchisees in regional locations.

How to write an Expression of Interest request (step‑by‑step)

Writing an EOI is about striking a balance: it must be detailed enough to engage the right partners but concise enough to help you evaluate EOIs easily. 

Follow these structured steps to prepare a professional and compliant EOI request.

Step 1: Define the purpose and scope

Start by stating why you’re issuing the EOI and what outcomes you are looking for. Define the project’s scope, anticipated deliverables, and overall objectives.

Include:

• The project name or reference
• A short description of goals
• Expected timeframes or phases
• The type of supplier or capabilities you seek 

Example: “The Department seeks EOIs from experienced civil engineering firms capable of designing and constructing small‑scale bridges in regional New South Wales. The project is scheduled for 2026–2028.”

Step 2: Provide background and context

Offer relevant organisational details and explain the context behind the request. This helps respondents understand your priorities and operational environment.

Include:

• Organisational overview and mission
• Background to the project or program
• Location and logistical context
• Any key drivers (policy changes, funding rounds, strategic goals)

Keep this factual and concise. Avoid marketing language and aim for informative clarity.

Step 3: Outline the requirements

Here, you describe what you need in both technical and functional terms.

Break down the requirements into logical groups:

• Functional requirements: What functions or outcomes does the supplier need to deliver (e.g., “Design and implement a secure cloud portal”).
• Technical requirements: Standards, specifications, or certifications you require (e.g., ISO 27001 compliance, NATA accreditation).
• Professional requirements: Experience levels, licences, insurance coverage, or qualifications you expect.

Include an “Additional Information” section for any supporting documents, such as maps, drawings, or service specifications.

Step 4: Detail evaluation criteria

Explain how you plan to review and score the submissions. Transparency in evaluation ensures fairness and encourages high-quality responses.

Typical evaluation criteria include:

• Organisational capability and relevant experience
• Technical expertise and innovation
• Financial stability
• References from similar projects
• Compliance with security, safety, and ethical standards.

You might include weightings, for example, 40% for capability, 30% for price, and 30% for quality.

Step 5: Explain submission requirements

Set clear, practical instructions for how to submit. Include:

• Submission format (e.g., digital PDF via tender portal)
• Page limits or word count
• Closing date and time (include time zone)
• The contact officer’s details for queries
• Confidentiality or non‑disclosure obligations

This section should also specify whether you will accept late submissions and how you’ll handle clarifications.

Tip: Provide a checklist so suppliers can confirm all documentation is complete.

Step 6: Add compliance and legal notes

Every robust EOI document should acknowledge legal and ethical considerations. Include:

• Privacy: Compliance with the Privacy Act 1988 (Cth) when handling personal or commercial information
• Conflict of interest: Require respondents to declare any potential conflicts.
• Confidentiality: Protect both parties’ information and clarify the use of intellectual property.
• Disclaimer: State that the issuing organisation is under no obligation to proceed with a tender or contract after review.

Unsure how to word the legal section? Access Lawpath’s extensive library of professional legal templates for help!

Step 7: Provide a clear closing statement

End with a summary of next steps and expectations. This might include:

• Dates for evaluation or notification
• Possible tender or RFT timeline
• Contact details for follow‑up enquiries
• A statement of appreciation for participation

Example closing line: “Respondents will be notified of outcomes by March 2026. Shortlisted respondents may be invited to submit formal tenders thereafter.”

EOI vs Request for Tender (RFT): Understanding the difference

While EOIs and RFTs are often linked, they serve distinct roles in the procurement process. The EOI is a filtering stage, while the RFT is the formal offer stage.

You can run an RFT without an EOI. However, you’ll usually need to follow an EOI with an RFT to ensure procedural transparency. 

Take a look at Lawpath’s Request for Tender template for a ready-to-use structure.

Legal requirements to consider when preparing an EOI

Australian procurement is governed by a framework designed to ensure transparency, fairness, and accountability. Whether you operate in the public or private sector, your EOI must meet certain legal expectations.

Confidentiality wording

It’s important to ensure confidentiality throughout the EOI process. Make sure to include clear confidentiality clauses to protect both your organisation’s documents and respondents’ proprietary information. 

You’ll need to let suppliers know which parts of their submission will remain confidential, subject to freedom‑of‑information (FOI) laws, and which may be disclosed.

If you collect any personal data, then you’ll need to comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles. This means that you can only use the information you collect for the stated purpose.

Lastly, clarify who owns the material that respondents submit. Usually, copyright remains with the supplier, but the issuing organisation gains a licence to evaluate and store the content.

Evaluation fairness

You must review all submissions consistently and objectively. Avoid “moving the goalposts” by changing requirements or introducing new evaluation factors after you’ve received the EOIs.

Procurement officers and evaluators should declare any personal or financial interests. It’s important to manage or eliminate conflicts to maintain process integrity.

Similarly, your EOI template should include a conflict of interest declaration form for respondents, confirming that there are no conflicts that could affect their participation.

Document retention

Australian records management laws often require agencies to retain procurement documentation for several years for audit and transparency purposes. Specify your retention period in the EOI and keep secure and clear records of all the EOIs you receive. 

Common mistakes when preparing an EOI request

Even experienced professionals can make errors when drafting EOI requests. Avoid these common pitfalls:

1. Unclear scope or purpose: Without a defined scope, submissions vary widely and become difficult to evaluate.
2. Missing evaluation criteria: Failing to clarify how responses will be assessed can lead to claims of bias or confusion.
3. No closing date or ambiguous timelines: Always state firm submission deadlines and expected decision dates.
4. Overly broad or generic wording: Vague EOIs attract unqualified respondents, increasing administrative workload.
5. Ignoring legal or compliance notes: Overlooking privacy, confidentiality, or conflict declarations can breach procurement laws.
6. Failure to engage internal stakeholders early: Procurement, legal, and technical teams should review the EOI before release to ensure accuracy.

FAQs

What is required in an EOI?

An EOI typically includes organisational background, project description, required capabilities, submission instructions, evaluation criteria, and contact details. It’s usually 3–10 pages long, depending on complexity.

Is an EOI legally binding?

Generally, no. An EOI is not a legally binding document; it’s an invitation to express interest, not a contractual offer. However, confidentiality or conflict-of-interest clauses can be binding.

What is the difference between an EOI and a tender?

An EOI identifies potential participants and filters capable suppliers, while a tender (or RFT) invites detailed bids that can form the basis of a legal contract.

How long should an EOI be?

There’s no fixed rule, but an EOI should be brief, starting with just a few pages for small projects or up to 30 for complex ones. Clarity and structure matter more than length.

Do I need a lawyer to draft an EOI request?

Not always, but professional legal review is advisable, especially when confidentiality, intellectual property, or conflict declarations are involved.

How Lawpath can help

Preparing procurement documents requires meticulous attention to both legal and procedural accuracy. Whether you’re a small business bidding for government contracts or an agency issuing complex EOIs, legal guidance ensures fairness, compliance, and efficiency.

Lawpath provides access to customisable templates, as well as on‑demand legal advice from qualified Australian lawyers.