Integrity

Trust, Service

& Accountability

Behaving Ethically

Scenario 6 - A Tender from Ace?

Margaret is overseeing tenders for a particular project. She has fielded a number of inquiries and thinks she has a fair idea of the range of prices that tenderers will quote. She is also aware that Ace Supplies, which has successfully tendered for similar projects in the past, has not inquired or submitted anything. Margaret is very concerned that the agency gets the most value from its suppliers, and she is now wondering about ringing the director she knows at Ace to see what’s up. She’d like (a) to check if he is aware of the call for tenders for this project, and (b) to let him know what she would expect his tender price to be. And, above all, she would like (c) to encourage a tender from Ace. Given the quality of their past work, Ace would be in a very good position to win the tender.

What should Margaret do?

  1. Margaret may certainly ring the director at Ace, as she has no personal interest in the outcome, and she may discuss (a), (b), and (c) with him.
  2. Margaret may ring the director at Ace, and she may discuss (a) and (c) with him, but she must avoid speaking with him about any expected tender price.
  3. Margaret should ring the director at Ace, given what she knows about the tenders already received. She should do this, because she has a responsibility to try to get the best value for the agency.
  4. Perhaps it will be unfortunate for the agency if Ace does not tender for the project, but Margaret should not offer any special treatment to Ace. She should not ring the director with her concerns about (a), (b), and/or (c).


About the possible answers

Re: a.

Whether or not Margaret has a personal interest here, it is important that she not give advice or special treatment to any tenderer or potential tenderer. Further, any information about the tender process or documentation must be available to all, not just the one favoured by Margaret. It is important to maintain fairness and impartiality throughout the process.

Re: b.

Margaret certainly may not speak about an expected price.  nd she may not speak with the director about these other items either. It is important that she not give advice or special treatment to any tenderer or potential tenderer. Further, any information about the tender process or documentation must be available to all, not just the one favoured by Margaret. It is important to maintain fairness and impartiality and neutrality throughout the process.

Re: c.

No.  Margaret should not ring the director. It is important that she not give advice or special treatment to any tenderer or potential tenderer. Further, any information about the tender process or documentation must be available to all, not just the one favoured by Margaret. It is important to maintain fairness and impartiality and neutrality throughout the process.

Re: d.

THE BEST ANSWER FOR YOUR WORKPLACE? 

It is important that Margaret not give advice or special treatment to any tenderer or potential tenderer. Further, any information about the tender process or documentation must be available to all, not just the one favoured by Margaret. It is important to maintain fairness and impartiality and neutrality throughout the process.



Government Sector Employment Act 2013

Ethical Framework

Integrity

(a) Consider people equally without prejudice or favour.

Accountability

(c) Provide transparency to enable public scrutiny.

Public Works and Procurement Act 1912