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- 20 -services provided through panels include legal, accountancy, human resources, buildingand maintenance and design services.Most Australian Government Agencies conduct purchasing decisions on an individualbasis. However, for some goods and services, the Australian Government has managedto enter into “cooperative” arrangements where agencies group together in a singleapproach to the market (often described as “clustering”). This aims to enable theAustralian Government to achieve better terms commensurate with the aggregated valueof its participation in a particular market sector. It also aims to create efficiencies foragencies and for potential suppliers including through a reduced number of approachesto the market. In Australia these arrangements have been used for the purchase ofinformation and communications technology services with various degrees of success.The other form of cooperative procurement is where one agency approaches the marketbut signals its intention to allow other agencies to join the contractual arrangement at alater date (described as “piggybacking”), for the property or services specified in theapproach to the market.Until recently, Australian law firms have needed to tender for each AustralianGovernment agency panel. This onerous and costly process has led to theestablishment of a multi-use list for legal services which can be utilised by all AustralianGovernment Agencies.In addition to the CPGs, each agency has a set of Chief Executive Instructions (CEIs),which outline, in broad terms, the duties and responsibilities of all officials involved infinancial management in a department including procurement activities.CEIs provide additional mechanisms for Chief Executives of FMA Act agencies to applythe key principles and requirements of the financial management framework to theiroperations.The Department of Defence has an extensive manual detailing its procurement policiescalled the Defence Procurement Policy Manual. Seewww.defence.gov.au/dmo/gc/dppm.cfm.Challenging decisionsA supplier who is unhappy with a tender process or decision, should first ask for adebrief. The CPGs require agencies to offer debriefing sessions to unsuccessfultenderers as a matter of course. If not, agencies will provide debriefings on request. Theprimary purpose of a debriefing is to enable potential suppliers to submit morecompetitive bids in the future and can be a valuable source of information on thestrengths and weaknesses of the suppliers tender. Comparative aspects of the winningoffer, or any other offer, cannot be discussed. The purpose of a debriefing session is notto justify the selection of the successful tenderer, rather it is to give feedback on thesuppliers response.Unsuccessful tenderers also have other avenues of complaint other than courts, such asthe Commonwealth Ombudsman and the Australian National Audit Office.Chapter 15 of the AUSFTA requires both Australia and the United States to havemechanisms in place whereby unsuccessful tenderers who complain about the conductof a tender process can obtain timely and impartial consideration of their complaint,P950592_191.doc