Awarding Contracts Guideline

Debrief suppliers

State agencies must provide a debrief to suppliers upon request.  Debriefs improve competition in the market, by allowing suppliers to seek feedback about their offers in order to improve their bids over time.

It is important that the purpose of the debrief is clear to all parties; and that the supplier understands that the person providing the debrief can’t divulge information about another supplier’s tender. Avoiding comparative statements when giving debriefs is difficult, but essential.

Debriefs may be provided over the phone, or in person. If a debrief is likely to be fairly straightforward then the phone might be the most appropriate method.
As with all great meetings, preparation is the key. Allow yourself time to review the relevant evaluation report and ensure you know who is likely to be present at the debrief. Suppliers sometimes feel understandably upset at missing out on opportunities to supply to government and this may lead to circumstances in which you may feel uncomfortable giving a debrief, including, for example, if the supplier invites its legal representation to the meeting. Please ensure you feel sufficiently supported when giving a debrief – if you need someone to support you during the debrief, ensure they are free to attend the meeting. State Solicitor’s Office or your own agency legal counsel should be present where the supplier brings legal representation. If at any point you feel uncomfortable during the debrief consider respectfully reconvening the meeting.

Information that should/shouldn’t be communicated to a supplier in a debrief

Aside from usual meeting etiquette (e.g. introducing participants, providing the procurement context, content/agenda of the debrief, housekeeping items) you can also disclose up front that you will not be providing any written materials so they are welcome to take any notes throughout the debrief.

It is good to set the scene with a summary of the evaluation process that was followed, for example explaining the key principle of value for money and how this is considered in the Western Australian Government (referring to the Western Australian Procurement Rules). The detail you go into may depend on the experience the supplier has had in tendering for government work, so you could also ask this question to help prepare for the debrief.

The main aim of a debrief is to provide the supplier with constructive feedback to help them understand why they were not successful on this occasion and to help improve their chances next time. Advise them where they did well - for example if overall they were deemed qualitatively suitable or were price competitive. They may also benefit from general and specific tips on how to submit a better offer – for example let them know that its important they answer every single point in a qualitative question and tailor their information to that particular agency’s requirements. Focus on highlighting the gaps that prevented them from being recommended.

Disclosing any information about, or making comparisons with, any other respondents to the tender or quote is not allowed. Information contained in the other suppliers’ offers should be treated as confidential. The exception to this is information that is required to be published on Tenders WA – that is, the name of the successful tenderer(s) and the total contract value. The number of offers received may also be disclosed.

Disclosing price ranking and qualitative ranking is generally not advisable, since it often distracts a supplier from the other more constructive feedback provided.

If the process included a shortlisting phase and product trials, samples, demonstrations or presentations, you should explain this as part of your summary of the evaluation process that was followed.

If required, you can also communicate broadly how the Evaluated Price was derived e.g. a whole of life cost based on the initial costs and any recurring annual costs over the number of years of the contract term, including extension options.

You can also direct unsuccessful Respondents to the “I’m a Supplier” section on the wa.gov.au website for documents that can help and information on online or face to face seminars they can attend.

Sometimes a supplier might wish to submit a complaint in relation to a procurement process. The Western Australian Procurement Rule F10 requires State agencies to ensure appropriate complaint handling procedures are in place. Thus State agencies should try to resolve the complaint themselves, and in accordance with the standard complaint process for that agency.

If the State agency cannot resolve the issue, then the supplier may lodge a complaint with the Department of Finance. Information about the Department of Finance’s feedback process may be found here.

Alternatively, a supplier may direct their complaint to the Ombudsman Western Australia. Instructions for making complaints to the Ombudsman are available at http://www.ombudsman.wa.gov.au/Complaints/Your_complaint.htm. The Ombudsman will likely refer the complaint back to the State agencies if the State agencies has not had the opportunity to resolve the issue themselves.

Of course, a supplier may always legally challenge a procurement decision by having recourse to legal assistance. If this happens, please seek advice from your agency’s internal legal team or the State Solicitor’s Office.