Some Rules Are Made To Be Broken…

But Not In Tendering Government Contracts

Some Rules Are Made To Be Broken…But Not In Tendering Government Contracts

The risks of bypassing established tendering processes are currently being played out in a public anti-corruption probe in the Australian Capital Territory. The Territory’s anti-corruption watchdog, the ACT Integrity Commission, is investigating a 2020 decision by ACT Education officials to award a contract for a school upgrade to Lendlease despite a local company, Manteena, submitting a cheaper bid and achieving a higher score in the tender evaluation process.

At the heart of the probe is an allegation that political interference lay behind the decision, an allegation denied by both the Education Minister and the senior official who signed off on the decision giving the contract to Lendlease.

Whether the Integrity Commission will be able to determine where the truth lies remains to be seen. But what is clear is that the community’s confidence in the administration of public education in the ACT has been dealt a blow, both as a result of the information revealed in the inquiry to date and an earlier (December 2021) ACT Auditor-General’s report, which found that the tender process lacked probity and that tenderers were not dealt with fairly, impartially and consistently.

The best defence against allegations of impropriety in a tender evaluation process is the adoption of a robust probity framework.

External probity advisors can help government agencies ensure their processes are aligned with key probity principles and comply with related policies and procedures throughout the life of a tender evaluation process. They can provide independent advice to the evaluation team at key decision points, including real time advice, and formal assurance reporting to the agency’s decision-makers following the conclusion of the evaluation.

Noble Shore’s probity advisors are highly experienced in striking a balance between guiding clients through the challenges and pitfalls of complex tenders and providing robust independent advice.