The government project team should consider the various means available for the formal communication of information to the shortlisted proponents. While the major instruments for information flow between the parties will be the project brief, the data room, and the binding bids, other means of communication may be required. These include:
∙ detailed briefings to proponents on specific aspects of the project
∙ presentations by proponents of their binding bids
∙ a written question and answer process in which all questions and answers, subject to commercial-in-confidence considerations, are communicated to all proponents
∙ general correspondence.
It is important for proponents to have a clear understanding of government requirements and to have the opportunity to receive feedback, prior to submission, on whether their bid meets the output specification. Open interaction between the government project team and each proponent, within appropriate probity parameters, will enable the development of relevant bids and streamline the latter stages of the bidding process.
Proponents will be given equitable opportunity to present their bids and receive feedback on whether their bids align with the output specification. The government will maintain confidentiality of any genuine intellectual property contained in proponents' bids. The content of discussions between the project team and a proponent will not be disclosed to other bidders. Unless there are changes to the output specification or other elements of the government's proposal, that all bidders need to be aware of, there will be no additional information relayed from the project team to proponents.
Feedback can constitute a critique of proposals, focusing on the capacity of a concept to meet the requirements of the output specification. Detailed commentary can occur to explain the reasoning behind the critique, and where a proposal does not meet requirements, it should be brought to the proponent's attention by reference to relevant parts of the output specification. Compliance with the letter and spirit of the output specification should be the focus of any commentary. To ensure the confidentiality of these discussions, there will be no disclosure of a proponent's bid content to any other proponent.
The key principle in any government and private sector interaction during a bidding process is that communication remain constructive without leading a proponent or enhancing a proponent's bid or part thereof. This will ensure that proponents are appropriately informed and treated in a fair and equitable manner in accordance within the project's probity plan.