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New ticketing system tender

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Executive summary<br />

• shown more meaningfully the relative position of <strong>tender</strong>s<br />

• allowed the Authority to more clearly match the assigned rating to the<br />

evaluation narrative<br />

• given a clearer representation of the progress of <strong>tender</strong>s over time.<br />

While the NTS <strong>tender</strong> evaluation reports identified the areas where <strong>tender</strong>s did not<br />

meet the RFT requirements, the reports did not articulate which requirements were<br />

critical or threshold issues and which were not. For those requirements that were<br />

negotiable to some extent, this extent was not specified. The clear articulation of a<br />

maximum acceptable level of risk acceptance by government would have<br />

enabled the decision-makers to determine with more precision and confidence<br />

whether the departures from the RFT requirements were minor, or whether they<br />

were such that the desired solution could not be acquired within the budget<br />

without an unacceptable allocation of risk.<br />

Probity of the NTS <strong>tender</strong><br />

While flexible and innovative approaches to <strong>tender</strong>ing can enhance value for money<br />

for public procurers, the importance of probity is just as great in new types of <strong>tender</strong>ing<br />

as it is in traditional procurement processes.<br />

Due to the specialised nature of <strong>ticketing</strong> <strong>system</strong>s, it was highly likely that a number of<br />

Authority staff would have potential conflicts of interest from prior experience with<br />

organisations <strong>tender</strong>ing for the NTS project. The Probity Auditor identified more than<br />

30 staff and other individuals involved in the <strong>tender</strong> evaluation process who had<br />

potential conflicts of interest. Seven staff members and one consultant were rated as<br />

high risk. Most of the conflicts of interest resulted from previous work histories and/or<br />

shares in two companies included in consortia <strong>tender</strong>ing for the NTS.<br />

All shareholdings were disclosed to the Authority in conflict of interest statements<br />

signed by staff and consultants and were identified in the work undertaken by the NTS<br />

Probity Auditor. All of the declared shareholdings were modest and most were<br />

immaterial.<br />

The most significant shareholding of relevance to the <strong>tender</strong> was the CEO’s<br />

shareholding in Headstrong / James Martin & Co. The shareholding’s potential to<br />

damage community confidence in the <strong>tender</strong> was high. The Authority could have taken<br />

additional steps to address perceived conflicts in relation to the shareholding.<br />

Some senior Authority managers had shared work histories with a number of members<br />

of the <strong>tender</strong>ing consortia. These shared work histories and other relevant<br />

relationships were disclosed to the Authority. The Authority informed <strong>tender</strong>ers about<br />

those people in the Authority who had prior experience with <strong>tender</strong>ers.<br />

The Authority identified the conflicts of interest in a timely way. Audit found no evidence<br />

of corruption in the NTS <strong>tender</strong>, and no evidence that the conflicts of interest led to the<br />

unfair or biased treatment of particular <strong>tender</strong>ers or groups of <strong>tender</strong>ers. Nevertheless,<br />

the Authority could have taken additional steps to communicate to <strong>tender</strong>ers, the<br />

<strong>New</strong> Ticketing System Tender 5

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