Tips and Traps

Tips and Traps
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Departmental registers can provide useful information about previous work done for the Department by consultants. However, if use is made of any recorded remarks about a consultant’s previous work then the principles of natural justice require that the consultant be given an opportunity to comment on them. If using a ‘consultants register’ , check whether the same personnel are being proposed again by the consultant, and whether the nature of the job is comparable to previous work carried out for the Department.
Avoid accepting hospitality or favours during a tender selection process, including seemingly innocuous offerings such as a cup of coffee in a coffee shop. Even if there is a long-established relationship with a bidder, or the hospitality is part of another project, probity demands not only impartiality but also the need to avoid being seen to be compromised in any way.
In some agencies, the preferred bidder is announced publicly before finalisation of the contract. Where the preferred bidder is made known, it may significantly reduce the agency’s scope for further negotiation of terms and conditions with that bidder. If negotiations fall through, the scope for negotiations with alternative bidders is also diminished.
Some bidders may seek to present their bid at an interview by using specialised presenters who are not part of the consultant’s project team. Such presentations can be a waste of time, particularly if the presenters are not familiar with the issues or the methodology to be used. Nor is the client afforded the opportunity of meeting the consultants who will actually carry out the work. Insist on the actual team of nominated personnel making the presentation . Apart from getting to know them, you will be better able to assess their capabilities.
Large consulting firms may cite as part of their ‘ previous history and experience ' work which has been done within the firm, but in other locations (for example, Sydney or Melbourne) by people other than those nominated in the proposal. The implication is that the experience is available within the firm and can be drawn on if required. Take the time to ask during the presentation about the personal involvement of the team nominated in the proposal in the projects cited. If none of the nominated personnel were personally involved, ask how the firm’s experience will be made available for your own project.
Under the new CPGs, agencies no longer have discretion to accept late tenders , unless the tender is late solely because of the agency’s own mishandling. All suppliers must meet a common deadline.

Table 4 — Choosing the Consultant: Risks and Mitigation

Type of risk	Likely consequence	Mitigation strategy
Bidders not treated equally	Loss of confidence by suppliers in agency processes Ministerial representations Possible legal action	Check before selection process commences that all tenderers received the same request documentation: if necessary, rectify, seek legal and probity advice, and consider need to reopen tenders Check all records of conversation in case of need to correct information provided, or to provide identical information to all bidders
Preliminary contract created	Loss of confidence by suppliers in agency processes Ministerial representations Possible legal action	Avoid any statements on awarding of the contract until the process has been finalised Avoid encouraging any bidder to incur costs (over and above the cost of tendering) before the contract is signed Include in tender documentation a statement that a contract will only be created on signature of a written agreement: seek legal advice.
Unsuitable consultant selected	Outputs below expectations Output does not represent value for money	Ask referees about any bad experiences with the consultant, as well as good ones Include an informed ‘outsider’ on the selection panel to increase range of judgements Re-tender if no bidder suitable, even if time is lost
Breach of due process or confidentiality during debriefing	Loss of confidence by suppliers in agency processes Ministerial representations Possible legal action	During the debrief, compare tenderer’s response only against selection criteria stated in RFT, not to responses from other tenderers Do not disclose any information provided by other tenderers Involve other staff in the debriefing in case corroboration is needed Place on file notes of debriefing session as soon as possible Aim for professional, positive debriefing to foster goodwill
Apparent agreement masks different expectations between client and consultant	Disputes during project	Develop a clear specification of requirements Include in tender documentation a draft contract, a list of respective roles and responsibilities, etc. Record all discussions during tendering and selection processes Clarify all outstanding matters before signature of contract

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