Technology news and Jobs arrow Fuzzy Logic arrow Auditor General says Conroy breached broadband tender requirements: opposition
Auditor General says Conroy breached broadband tender requirements: opposition E-mail
by Alex Zaharov-Reutt   
Friday, 23 May 2008
Australian Federal Opposition Communications Spokesperson Bruce Billson says a letter from the Auditor-General shows that Federal Communications Minister Stephen Conroy has breached his own “broadband tender requirements”.

Federal Opposition Communucations Spokesperson Bruce Billson has published a press release saying that the “Auditor General has found that despite Communications Minister Stephen Conroy publicly inviting 'non-complying bids' for a proposed National Broadband Network, current tender guidelines do not allow for such bids to be accepted.”

This information was communicated to Billson in a letter now published at the Australian National Audit Office (ANAO) after Billson wrote to the ANAO with several concerns about the entire process.

Billson’s release says that: “The Auditor General found the Request for Proposal tender documents must be amended if such bids were to be formally considered. This confirmed my firm view that Senator Conroy's public statements directly breached his own formal tender requirements, adding to the confusion and uncertainty surrounding this shambolic process.”

The ANAO seems to more-or-less say in its letter that the Federal Government can change the tender process as it pleases, when it pleases, although not being a politician, public servant or an auditor, I’m just not sure whether Bruce Billson is correct, or not.

The Australian National Audit Office, the ANAO, says in its letter that “There is significant flexibility designed into the NBN proposal process, allowing the
Commonwealth to respond to changing circumstances”

The letter also notes that the Request for Proposal (RFP) “provides this flexibility” in a range of circumstances.

Some, but not all, of the examples given in the ANAO’s aforementioned and aforelinked letter include:

- the Commonwealth published a planned timetable for the RFP process at ci. 1.2.3, but
notes that it is indicative only and may be subject to change at the Commonwealth's
discretion;

- the Commonwealth may extend the Closing Time to lodge proposals (ci. 4.1.2);

- the Commonwealth may amend this RFP or the RFP process at any time. If the
Commonwealth does so prior to the Closing Time, the Commonwealth will inform
Proponents (ci. 5.2.1);

- the Commonwealth may, at its absolute discretion and without providing reasons,
change the structure or timing of the RFP process (ci. 11.2.1.4).

Billson’s release continues, saying that: “As it stands, Senator Conroy must further change his own tender process to match his rhetoric, if he is serious about accepting non-complying bids, and also apologise to potential bidders for misleading them to this point.”

The rest of Billson’s release is published here as it’s not available at Billson’s page on the Liberal Party website, with each paragraph opening and ending with quotation marks.

“The investigation also revealed that yesterday’s announced 12-week extension to the tender period was forced on the Rudd Government, after it was found that expert technical advice designed to protect the integrity of the tender process had not been followed by Senator Conroy.”

Please read on to page 2 for a “strange coincidence” – and the rest of Bruce Billson’s release.



 
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