Mario chrisiodoulou From: Media Enquiries Sent: Thursday, 24 March 2016 9:59 AM To: Mario Christodoulou; Media Enquiries Subiecl: RE: Questions 7 Four Corners Hi Mario, The CPRs contain rules, guidelines, and better practices Sufficient to ensure that, when followed, government procurement is conducted efliciently, elfectively, economically, and ethically. Procurement is required to be nondiscriminatory (paragragh 5.3), which means a company cannot be precluded from responding to a tender. Thanks, Tameena -- Tameena Communications and Public Allairs Business Enabling Services Depanment ol Finance E: Media Centre: 'Foliow Ihe Finance Twine! Account From: Marlo Christodouluu Sent: Wednesday, 23 March 2016 2:58 PM To: Media Enquiries Subject: RE: Questions 7 Four Corners Hello Tameena, Thanks for that exhaustive response. Just a follow up query -- lrom your statement below it seems to me that a company can successlully bid (or a government contract even if one or its directors is lacing serious criminal charges. is this the case? Clarilication would be much appreciated. Kind Regards Maria Maria Christodoulou Four Corners, ABC TV From: Media Enquiries [mailto:mediaenquiries@finance.gov.au] Sent: Wednesday, 23 March 2016 2:19 PM To: Mario Christodoulou; Media Enquiries Subject: RE: Questions - Four Corners [SEC=UNCLASSIFIED] UNCLASSIFIED Good afternoon Mario, Please see the department’s response to your enquiry: o Is there a character test for major contractors bidding for major government contracts (and can you explain how it works)? The Commonwealth Procurement Framework is devolved, meaning each department and agency is responsible for its own procurement processes and decisions in order to meet its own business needs. The Department of Finance administers this framework, which is largely principles based and does not include a specific character test. The Commonwealth Procurement Framework, and the Australian Government more broadly, promotes the proper use and management of public resources. This includes the requirement that officials must act ethically throughout a procurement, including the tender process, where ‘ethically’ relates to honesty, integrity, probity, diligence, fairness and consistency (section 6 of the Commonwealth Procurement Rules refers). Departments and agencies can determine what eligibility criteria may be necessary to participate in a particular procurement. Departments and agencies can request referee reports or contact information from tenderers as part of the evaluation of a tender response/submission. The resulting discussion with the referee can influence a tenderer’s overall ranking in the evaluation, as it can provide useful insight into character, personality and actual ability to follow direction or understand requirements that may not be obvious from a tenderer’s written response. The Department of Finance uses this practice when establishing the whole of government panels for which it is responsible such as travel and information technology. o Would a contractor be precluded if it was facing serious criminal charges in Australia or abroad? Departments and agencies can also make clear in tender documents that they will not contract with a supplier that has had adverse decisions made against it by a court or tribunal for specific matters. This can be reinforced by asking a tenderer to sign a declaration included in the approach to market documents to that effect, which would be relied upon by the entity during the evaluation process. In addition, it is common practice for Commonwealth contracts to include a clause enabling the contract to be terminated in the event of non-compliance with the law in any jurisdiction. Regards, 2 -- Tameena \Commumcauons and Pubch Mans Busmess Enablmg Services Deparlmem cl Fmance E: mediaenguiriesleance.gov.au Media Centre: 'Fol'ow Ihe Finance Twine! Account -original From Mario christodoulou -- Sent: Tuesday, 21 March 2615 12:44 PM To. Media Enquiries Subject: Questions - Four Corners Hi Finance Dept media team, I'm a researcher with Four Corners at the ABC your colleagues at the Immigration Department have advised me to direct the below questions to yourself, Please note the below questions only relate to the Immigration Department and Defence Department Please find questions below. - Is there a character test for major contractors bidding for major government contracts (and can you explain how it works)? - would a contractor be precluded if it was facing serious criminal charges in Australia or abroad? Deadline, 4pm tomorrow Kind regards, Mario Christodoulou Please consider the environment before printing this e-mail. The information contained in this email and any attachment is confidential and may contain legally privileged or copyright materialt It is intended only for the use of the addressee(s). 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