Debriefing Respondents and Tenderers - PO10

Procurement Direction PO10 (Debriefing Respondents/Tenderers)

Debriefing Respondents/Tenderers

Statement of Intent

This Procurement Direction outlines the requirements for debriefing a Respondent/Tenderer. It clarifies what must be covered in a debriefing and when a debriefing is appropriate.

Main Features

Section 11 of the Procurement Act requires Accountable Officers and employees of Agencies to comply with the Procurement Directions.

Debriefing Respondents/Tenderers

• Respondents/Tenderers may seek a debriefing from the procuring Agency.
• Agencies must provide a debriefing to a Respondent/Tenderer upon request at a mutually convenient time.
• Agencies are to ensure that the debriefing is conducted by at least two Agency officers who have an appropriate level of understanding of the assessment process that has taken place in relation to the specific Quotation/Tender.
• At least one of the Agency officers conducting the debriefing will have been a member of the assessment panel.
• The debriefing will be based on the assessment panel’s assessment of the Quotation/Tender and not refer to any other Respondent/Tenderer.
• The debriefing must NOT disclose information that could compromise the commercial confidentiality of other Quotations/Tenders.
• The debriefing will provide the Respondents/Tenderers, in a straightforward manner, with details relating to the assessment of their offer.
• Where Agencies are unsure about a response to a matter raised by a Respondent/Tenderer in a debriefing, they must advise the Respondent/Tenderer that they accept the query on notice and will provide a written response to the query within seven days.
• Agencies will prepare a written record of each debriefing.
• A copy of this written record will be provided to the relevant Respondent/Tenderer.

Contents

Debriefing Respondents/Tenderers

Authorities

Procurement Act

Procurement Regulations

DEPARTMENT OFBUSINESS Page 1 of 4

Procurement Direction PO10 (Debriefing Respondents/Tenderers)

Debriefing Respondents/Tenderers

PO10.1For Tier Two Supplies, Agencies will advise all Respondents that they can seek a debriefing from the procuring Agency.

PO10.2For Tier Three, Tier Four and Tier Five Supplies, Contract and Procurement Services will advise all Respondents/Tenderers that they can seek a debriefing from the procuring Agency.

1. A debriefing is a critical part of Procurement as it provides an opportunity for Respondents/Tenderers to receive feedback on their Quotation/Tender. The debriefing will need to be sufficiently comprehensive to provide a Respondent/Tenderer with a clear understanding of the strengths and weaknesses of their Quotation/Tender so that the Respondent/Tenderer can improve future Quotations/Tenders.
2. A debriefing is conducted once the Contract has been awarded and notification is sent to the Respondents/Tenderers. Procurement Direction PO9 provides additional instructions and guidance in relation to notifying Respondents/Tenderers of procurement outcomes.
3. In relation to Tier One Supplies, the Agency will determine whether debriefing is appropriate, but is required to provide a debriefing when one is requested by a Respondent.
4. Debriefing should occur at the earliest possible convenience and at a mutually convenient time. Respondents/Tenderers should be advised that the debriefing is an opportunity to go through their Quotation/Tender and to receive feedback
5. Where an Agency receives a request from a Respondent/Tenderer to hold a debriefing, the Agency must respond, in writing, confirming the time and place that the debriefing will occur. Debriefings should occur without undue delay.

PO10.3Agencies are to ensure that the debriefing is conducted by at least two Agency officers who have an appropriate level of understanding of the assessment process that has taken place in relation to the specific Quotation/Tender.

PO10.4At least one of the Agency officers conducting the debriefing will have been a member of the Tender assessment panel.

1. The debriefing panel should be fully conversant with the specific assessment process and have sufficient skills and experience to undertake the responsibilities of the role.

PO10.5The debriefing will be based on the panel’s assessment of the Quotation/Tender and not refer to any other Quotations/Tenders.

PO10.6The debriefing must not disclose information that could compromise the commercial confidentiality of other Quotations/Tenders.

1. A Respondent/Tenderer must be advised that under no circumstances will information relating to another Quotation/Tender (whether directly or indirectly) be disclosed.
2. A Respondent/Tenderer is required to limit any questions asked prior to, or during, the debriefing solely to their response and the debriefing panel need to restrict their feedback to the panel’s assessment of the Quotation/Tender.
3. Advice provided to Respondents/Tenderers needs to reflect the panel’s assessment of the Quotation/Tender based on the Assessment Criteria as stated in the Request for Quotation/Tender, and subsequently used by the Agency to assess.
4. The panel must not indicate where the Respondent’s/Tenderer’s Quotation/Tender was ranked in the assessment or provide comparative information of any kind.

PO10.7The debriefing will provide the Respondents/Tenderers, in a straightforward manner, with details relating to the assessment of their offer.

1. The debriefing panel should prepare information in relation to the Quotation/Tender prior to the scheduled meeting time.
2. In preparing for a debriefing, the Agency may ask the Respondent/Tenderer to detail any aspects of their Quotation/Tender to be clarified. Regardless of whether an Agency seeks such information, a Respondent/Tenderer can nominate any aspect of their Quotation/Tender to be clarified (both at the time of requesting a debriefing or at a time prior to the debriefing), provided the Respondent/Tenderer allows sufficient time for the Agency to prepare a response. This request is to be in writing.
3. The debriefing should detail the strengths and weaknesses of the Respondent’s/Tenderer’s response in relation to each Assessment Criteria.
4. The debriefing should be both informative and accurate. For example, where a Respondent’s/Tenderer’s Past Performance has been found to be unsatisfactory by the assessment panel, the debriefing panel may need to familiarise themselves with Agency records detailing previous advice, interviews or instances of unsatisfactory Past Performance.
5. Where a Respondent/Tenderer seeks specific clarification on the Request for Quotation/Tender documentation or an aspect of the procurement process, the debriefing panel should respond accordingly. The panel must ensure the feedback provided does not divulge information regarding other Respondents/Tenders or commercial in confidence information.
6. Where the debriefing indicates the Agency’s procurement processes could be improved and/or there is a possibility that a complaint may be lodged as a result of information provided during the debriefing, the debriefing panel should attempt to address the complaint in the debriefing.

This may be through, for example, advising the Respondent/Tenderer that it is acknowledged that there appears to be scope for improvement and the Agency will seek to rectify future Quotation/Tender processes and subsequently provide additional information advising of the changes, once implemented.

1. The Agency should ensure that the panel addresses any issues raised in the debriefing, regardless of whether the issue is likely to result in a complaint, and may, where it is deemed necessary, seek the assistance of the Agency responsible for Procurement Policy in addressing the issues.
2. A debriefing should be conducted formally. Face-to-face meetings for a debriefing are highly desirable, and debriefings over the telephone are discouraged. There maybe circumstances where a telephone debriefing is unavoidable, such as for an interstate or overseas company.

PO10.8Agencies will not answer questions that are irrelevant to the Respondent’s/Tenderer’s Quotation/Tender.

PO10.9Where Agencies are unsure about the response to a matter raised by a Respondent/Tenderer in a debriefing,they must advise the Respondent/Tenderer, accept the query on notice, and provide a written response to the query within seven days.

PO10.10The debriefing panel must ensure that the information provided during a debriefing relates solely to that Respondent/Tender. At no time is the debriefing panel to provide any details relating to another Respondent’s/Tenderer’s submission (subject to Procurement Direction PO9).

PO10.11Agencies will prepare a written record of each debriefing.

PO10.12A copy of this written record will be provided to the Respondent/Tenderer.

DEPARTMENT OFBUSINESS Page 1 of 4

Procurement Direction PO10 (Debriefing Respondents/Tenderers)

DEPARTMENT OFBUSINESS Page 1 of 5