Letting of Contracts at Central TAFE Public Hearing AM session

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18/38/mjd excluded because they were over $50,000 or not?---It's quite possible. Well, was that - if that happened would that have been following correct procedure for the assessment?---Yes. It would have?---I would have assumed that I would have sent an email covering that off and then maybe followed it with a phone call or a phone call followed by an email for a situation like that. Yes. Now - - -?---That's sorts of issues don't - - - Sorry?---In the position that I was in you don't let those sorts of situations slip by. They have to be addressed and you have to notify the project managers on what's appropriate. All right. Now, isn't it the case that bids should not be excluded from consideration just because they're under or over a particular sum of money?---No, they shouldn't. They should be evaluated but they would be struck out on exceeding the threshold of the college's exemption limit. Right. So what you mean is that if a bid comes in that is over $50,000 and it's the correct bid you can't exclude the bid but you have to undertake another process in case the correct contract would in fact cost $50,000 or more? Is that right?---Yes. 4/10/06 NICHOLSON, B.J. XN 208 Spark & Cannon
19/39/rds I think I understand. Could we have on the screen CCC9361? If you just have a look at this - no, sorry, that's not it. I'm so sorry, it's 9362, my apologies, CCC9362. Just have a look at this email, Mr Nicholson. It's sent by you to Mr Fitzgerald sometime prior to the evaluation committee and it's American date 2 December 2004. Do you see that? ---Yes. And it's an email that was sent late in the afternoon concerning functional phase 3. Go to the second paragraph. You have said there to Mr Fitzgerald that you had a concern that he would put into the requirements for the quote - or that he would in some way limit contracts to under $50,000. Do you see that?---Mm'hm. You have given him some advice there, that that's not what should occur because it can compromise the quality of the service provided to government?---That's correct. That's correct advice, isn't it?---Yes. Any manager reading that advice would be able to rely on the statement you have made there. Correct?---Correct. It's the case, isn't it, that what you were, in effect, telling him is that you can't limit bids by a sum of money. You have got to describe the service you want and see what cost it will be in accordance with whatever the market would prescribe?---That's correct, yes. Mr Fitzgerald - I want you to know unless perhaps you were here yesterday and heard it - has said that there were only three bids and two of them were over $50,000 so you could exclude them and that left Ms Saleh-Evans' bid. Is that what happened?---I don't recall to be honest. It's certainly not what you told us the other day, is it? ---Yeah. I don't recall that either to be honest with you. You have taken a minute to think about that?---Yeah. Mr Nicholson, I will just deal with this shortly if I could. If we accept as correct the statement that you have made in this email - - -?---Yes. - - - it would not have been appropriate to choose Ms Saleh-Evans' - - -?---No, it wouldn't. - - - bid by excluding two bids over $50,000, would it? ---That's correct. No procurement officer in your position should have done that, should they?---No, they shouldn't have. 4/10/06 NICHOLSON, B.J. XN 209 11.42 Spark & Cannon
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Letting of Contracts at Central TAFE Public Hearing AM session

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