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Parliamentary Questions


Question On Notice No. 646 asked in the Legislative Council on 13 March 2018 by Hon Robin Chapple

Question Directed to the: Minister for Environment representing the Minister for Aboriginal Affairs
Parliament: 40 Session: 1


Question

I refer to the Fitzroy Crossing Pioneer Cemetery (Aboriginal Heritage Information System (AHIS) Site ID 12438), and the 2017 tender process for work at the site, and I ask:
(a) did the Department of Aboriginal Affairs comply with the Government's procurement policies with regards to providing "price preferences to Western Australian businesses when they are in competition with other Western Australian businesses for government contracts where the purchase or contract delivery point is in regional Western Australia” in awarding the tender to a Queensland based company when a Western Australian based company was able to do the work;
(b) was the tender process closing date of 16 August 2017 extended by Tenders WA to 18 August 2017 in order to allow the Queensland based company to tender;
(c) if no to (b), why wasn't the tender process extended;
(d) does the proposal by the selected Queensland company, actually meet the terms of the tender;
(e) if yes to (d), why does the Kimberley Aboriginal Law and Culture Centre (KALACC) understand that RPS Queensland are not in fact intending to attempt to identify individuals who are buried at the cemetery nor to fully carry out Phase 3 of the scope;
(f) did KALACC willingly accept the department's choice of RPS Queensland;
(g) if no to (f), why were the preferences of the body representing indigenous groups ignored;
(h) if yes to (f), why were KALACC staff told by the department staff that they had to accept whichever tenderer the Government chose;
(i) why did the department use the University of Notre Dame's intellectual property in their tender document without acknowledgment or permission;
(j) why did the department provide the confidential project proposal to competitors in the tender process when according to the "Procurement Practice Guide" public authorities must receive and open all tenders under procedures that guarantee the fairness and impartiality of the procurement process and treat tenders in confidence’; and
(k) is the Minister aware that departmental staff verbally provided details of the tender to other parties?

Answered on 10 April 2018

(a) Yes

(b) Yes. The Department of Planning, Lands and Heritage approved a two day extension to the tender closing date due to unforeseen circumstances affecting a tenderer as advised by the Department of Finance. All parties were advised of the extension.

(c) Not applicable

(d) Yes

(e) RPS has identified seven individuals, and will complete Phase 3 of the project. RPS is awaiting advice from the Kimberley Aboriginal Law and Culture Centre (KALACC) on a suitable date for the reburials to take place to allow Phase 3 to be completed.

(f)-(h) A KALACC representative was a member of the tender evaluation panel and supported the selection of RPS.

(i) The tender documentation for the Pioneer Cemetery Project included a project design formulated through a collaborative partnership between the Department of Planning, Lands and Heritage, the University of Notre Dame and KALACC following the initial discovery of human remains on the banks of the Fitzroy River in April 2017. As the estimated budget for the project was quoted in excess of $250,000, the Department undertook an open tender process for the project.

(j) The Department of Planning, Lands and Heritage did not provide a confidential project proposal to any party.

(k) The Department of Planning, Lands and Heritage was listed as the contact point for technical issues associated with the tender specification, and responded to queries of a technical nature.