All debriefs should be carefully planned. In large, complex procurements it may be appropriate to prepare a debriefing plan based on the tender evaluation report. The confidence of tenderers in the procurement process is likely to increase if the debriefing demonstrates that the procurement decision was the result of a fair and considered decision-making process. Debriefing can be conducted face-to-face, by telephone or video conference. Telephone or video conferencing may be appropriate where long distances make the holding of a face-to-face meeting uneconomic for the tenderers. Debriefing meetings should generally be chaired by the most senior officer involved in the procurement and should involve end-user representation where appropriate. Debriefing should not be delegated to staff who do not have the necessary authority, knowledge, experience or sensitivity to conduct it in a professional manner. Inaccurate or inappropriate debriefings may lead to complaints or litigation. It can be useful for at least two acquiring entity staff officers to be present at a debriefing to assist in the debriefing itself and to reduce the risk of misunderstanding about the discussion. In all cases tenderers should be informed that only their submission, not those of other tenderers, will be discussed. It is important that during the debriefing the differences between the tender submissions and how the particular tenderer might do better in the future are canvassed. In doing this, care should be taken in comparing the tenderer's submission with other submissions as commercial-in-confidence information cannot be disclosed.84 However, non-confidential information relating to the differences between the winning submission and the unsuccessful tenderers' bids can be discussed. For instance, it is not appropriate to provide tenderers with any information that is confidential to other tenderers, and while the acquiring agency may reveal to unsuccessful tenderers the name of the successful tenderer and the total price of the successful tender, it should not generally indicate any cost breakdown. It is important that the procuring entity's debriefing team present a fair and balanced view of the tenderer's submission. An effective way to do this is to provide tenderers with an assessment against each of the evaluation criteria, noting the weaknesses and strengths of the tenderer's submission. The tenderer should be provided the opportunity to respond to and, where appropriate, discuss issues. It may also be useful to advise tenderers of the evaluation and management review arrangements followed. This can assist in demonstrating that the final decision was a considered one, was subject to appropriate review and was not the view of any one person. On completion of the debriefing the tenderer should be provided the opportunity to comment on the procurement process, including any comments they have on probity issues. These meetings can also be useful opportunities to obtain information about a tenderer's areas of interest that may be of assistance in future procurements. |
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84 See Department of Finance and Deregulation website, <http://www.tenders.gov.au>, Confidentiality throughout the Procurement Cycle guide.