In more 'hard dollar' government tendering processes, the Proponents have their own technical expert to develop and inform their bids and they receive information in written form from the tendering organisation. The Proponent team's technical expert then analyses that written information and by that analysis and skill informs the bid team of the technical requirements then assists in the development of the bid. All these activities are undertaken through the skill and knowledge the Proponent team.
In the alliance model, the provision of Owner resources to work collaboratively with the Proponent is fundamental to achieving the optimal bid outcome. The role of these resources is to work with the bidding team in the development of their bid: to assist them from a technical perspective; to provide the technical sounding board; and provide input to the bidder's project team about the project's technical requirements.
Clarity of role and purpose is a very important probity principle in a tender process, because lack of clarity can lead to misunderstandings by Participants about what is happening in a process.
Whilst probity risks are found in all dual negotiation processes, particular care is required in alliancing because of its collaborative nature. To manage this heightened probity risk, information protocols are put in place to ensure that the processes are not influenced by the other, and that one party's negotiating position is not inadvertently put to the other party. Steps to promote quarantining of information between the two bidder teams include:
- the use of crossover teams rather than one crossover individual, so that the teams can mutually support each other in the maintenance of probity protocols;
- advising the bidder teams of the role and intended processes of each individual in the crossover team;
- briefing the expert on the importance of separation/quarantining of documents and information from the two Proponents (and documenting that briefing);
- administrative processes to aid quarantining of information (different filing cabinets/different coloured paper/having meetings on different but regular days/holding meetings in regular locations with each Proponent, etc); and
- other practices which promote the separation of information and mitigate the probity risks are to have one 'senior' internal expert available to each bidder team, accompanied by two 'junior' experts, one in each bidder team, which juniors get involved in the details and 'day-to-day' provision of subject matter expert advice.
If the above measures (or their like) are put in place19 in a dual TOC (or partial price) selection process, then the probity risks can be appropriately mitigated.
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19 And normally the operational practice of these measures is assessed and monitored by a Probity Adviser.