Accenture ICT Transformation Delivery
Dear Department of Health,
I request access to all approach to market documents and the department's procurement evaluation and value for money assessment relating to CN4085822 https://www.tenders.gov.au/Cn/Show/af64d... which shows a contract awarded to Accenture for $289,360,500.00
CN ID:CN4085822
Agency:Department of Health and Aged Care
Publish Date:5-Aug-2024
Category:Computer services
Contract Period:2-Jul-2024 to 30-Jun-2026
Contract Value (AUD):$289,360,500.00
Description:ICT Transformation Delivery
Procurement Method:Open tender
Yours faithfully,
Anonymous
Good afternoon,
Acknowledgement of receipt of Freedom of Information request
I refer to your request received by the Department of Health and Aged Care
(the department) for access to documents under the Freedom of Information
Act 1982 (FOI Act). You have requested access to:
All approach to market documents and the department's procurement
evaluation and value for money assessment relating to CN4085822
[1]https://www.tenders.gov.au/Cn/Show/af64d...
which shows a contract awarded to Accenture for $289,360,500.00
CN ID: CN4085822
Agency: Department of Health and Aged Care Publish
Date: 5-Aug-2024
Category: Computer services
Contract Period: 2-Jul-2024 to 30-Jun-2026
Contract Value (AUD): $289,360,500.00
Description: ICT Transformation Delivery
Procurement Method: Open tender
The reference number for your request is FOI 25-0019 LD. Please ensure
that you quote this number in future correspondence with us concerning
this request.
Timeframes
Your request was received on 12 September 2024. The statutory timeframe
for processing your request is 30 calendar days and you should expect to
be notified of a decision from the department on or before 12 October
2024. The period of 30 days may be extended if the department needs to
consult third parties or for other reasons. We will advise you if this
happens.
Other information
The department may impose a charge for the work involved in providing
access to the documents. If this request attracts a charge you will be
notified in writing.
Unless you advise otherwise:
· any draft and duplicate documents will be excluded from the
scope of your request, and
· any public service employee names below Senior Executive Service
level and direct telephone numbers of all staff will be excluded from the
scope of your request under s22(1)(a)(ii) of the FOI Act.
Please note that information released under the FOI Act may later be
published online on our disclosure log
[2]www.health.gov.au/resources/foi-disclosure-log, subject to certain
exceptions. (For example, personal information will not be published where
this would be unreasonable.)
You can contact the FOI team via email at [3][email address] or by phone
on 02 6289 1666, should you have any questions.
Kind regards,
FOI Case Officer – Freedom of Information Section
Legal Advice and Legislation Branch
Legal Division | Corporate Operations Group
Australian Government Department of Health and Aged Care
T: 02 6289 1666 | E: [4][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples
as the Traditional Owners of Country throughout Australia, and their
continuing connection to land, sea and community. We pay our respects to
them and their cultures, and to all Elders both past and present.
--------------------------------------------------------------------------
Good afternoon,
I refer to your request 25-0019 LD seeking access to information as below:
All approach to market documents and the department's procurement
evaluation and value for money assessment relating to CN4085822
[1]https://www.tenders.gov.au/Cn/Show/af64d...
which shows a contract awarded to Accenture for $289,360,500.00
CN ID: CN4085822
Agency: Department of Health and Aged Care Publish
Date: 5-Aug-2024
Category: Computer services
Contract Period: 2-Jul-2024 to 30-Jun-2026
Contract Value (AUD): $289,360,500.00
Description: ICT Transformation Delivery
Procurement Method: Open tender
The statutory due date for your request is currently 12 October 2024.
Request for extension of time
Section 15AA of the FOI Act permits the department to extend the statutory
processing timeframe, with your agreement, for a period of up to 30
calendar days.
The department has identified documents within the scope of your request.
To ensure the department takes all relevant steps to finalise its decision
and for the decision maker to make a well-balanced decision on access to
documents identified, the department is seeking your agreement to an
extension of 14 calendar days.
If you agree to this extension, the statutory due date will then be 26
October 2024. The department will, however, continue to process your
request as quickly as possible.
It would assist if you could please advise by COB Thursday 10 October 2024
or earlier if you agree to this extension of time. If we do not hear from
you by this date or if you do not agree to the extension, the department
may consider seeking an extension of time from the Office of the
Australian Information Commissioner (OAIC) under section 15AB of the FOI
Act.
We thank you for your ongoing patience and cooperation as we continue to
process your request.
If you have any questions regarding any of the matters discussed in this
email, please do not hesitate to contact the FOI Section at
[2][email address].
Kind Regards,
Case Officer – Freedom of Information Section
Legal Advice and Legislation
Legal Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: 02 6289 1666 | E: [3][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges the traditional owners
of country throughout Australia, and their continuing connection to land,
sea and community. We pay our respects to them and their cultures, and to
elders both past and present
From: FOI <[email address]>
Sent: Tuesday, September 17, 2024 1:20 PM
To: Health Anon <[FOI #12050 email]>
Subject: TRIM: Freedom of Information Request 25-0019 LD – Acknowledgement
of Receipt [SEC=OFFICIAL]
Good afternoon,
Acknowledgement of receipt of Freedom of Information request
I refer to your request received by the Department of Health and Aged Care
(the department) for access to documents under the Freedom of Information
Act 1982 (FOI Act). You have requested access to:
All approach to market documents and the department's procurement
evaluation and value for money assessment relating to CN4085822
[4]https://www.tenders.gov.au/Cn/Show/af64d...
which shows a contract awarded to Accenture for $289,360,500.00
CN ID: CN4085822
Agency: Department of Health and Aged Care Publish
Date: 5-Aug-2024
Category: Computer services
Contract Period: 2-Jul-2024 to 30-Jun-2026
Contract Value (AUD): $289,360,500.00
Description: ICT Transformation Delivery
Procurement Method: Open tender
The reference number for your request is FOI 25-0019 LD. Please ensure
that you quote this number in future correspondence with us concerning
this request.
Timeframes
Your request was received on 12 September 2024. The statutory timeframe
for processing your request is 30 calendar days and you should expect to
be notified of a decision from the department on or before 12 October
2024. The period of 30 days may be extended if the department needs to
consult third parties or for other reasons. We will advise you if this
happens.
Other information
The department may impose a charge for the work involved in providing
access to the documents. If this request attracts a charge you will be
notified in writing.
Unless you advise otherwise:
· any draft and duplicate documents will be excluded from the
scope of your request, and
· any public service employee names below Senior Executive Service
level and direct telephone numbers of all staff will be excluded from the
scope of your request under s22(1)(a)(ii) of the FOI Act.
Please note that information released under the FOI Act may later be
published online on our disclosure log
[5]www.health.gov.au/resources/foi-disclosure-log, subject to certain
exceptions. (For example, personal information will not be published where
this would be unreasonable.)
You can contact the FOI team via email at [6][email address] or by phone
on 02 6289 1666, should you have any questions.
Kind regards,
FOI Case Officer – Freedom of Information Section
Legal Advice and Legislation Branch
Legal Division | Corporate Operations Group
Australian Government Department of Health and Aged Care
T: 02 6289 1666 | E: [7][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples
as the Traditional Owners of Country throughout Australia, and their
continuing connection to land, sea and community. We pay our respects to
them and their cultures, and to all Elders both past and present.
--------------------------------------------------------------------------
Good afternoon,
I refer to your request below.
Notice of Third Party Consultation
Document have been identified in the scope of your request which contains
information relating to third parties. It has been determined that it
would be appropriate to consult with the affected third parties under
section 27 of the FOI Act prior to a decision on access to this document
being made.
Section 15(6) of the FOI Act allows the timeframe for processing your
request to be extended by 30 days to facilitate this consultation.
Accordingly, the statutory due date for your request is now 11 November
2024.
The department will continue processing your request and provide you with
a decision on access as soon we are able to do so.
Relevant provisions
The FOI Act, including the provisions referred to in this email, can be
accessed from the Federal Register of Legislation website:
[1]www.legislation.gov.au/Series/C2004A02562.
If you require clarification of any of the matters discussed in this email
you should contact the department’s FOI Section by email at
[2][email address].
Kind Regards,
Case Officer – Freedom of Information Section
Legal Advice and Legislation
Legal Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: 02 6289 1666 | E: [3][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges the traditional owners
of country throughout Australia, and their continuing connection to land,
sea and community. We pay our respects to them and their cultures, and to
elders both past and present
Good afternoon,
I refer to your request FOI 25-0019 LD received by the Department of
Health and Aged Care (the department) for access to documents under the
Freedom of Information Act 1982 (FOI Act).
Request for extension of time
The statutory due date for your request is currently 11 November 2024.
Section 15AA of the FOI Act permits the department to extend the statutory
processing timeframe, with your agreement, for a period of up to 30
calendar days.
The department is close to finalising your request. To ensure the
department takes all relevant steps to finalise its decision, and for the
decision maker to make a well-balanced decision on access to any such
documents identified, the department is seeking your agreement to an
extension of 7 calendar days.
If you agree to this extension, the statutory due date will then be 18
November 2024. The department will, however, continue to process your
request as quickly as possible.
If we do not hear from you or if you do not agree to the extension, the
department may consider seeking an extension of time from the Office of
the Australian Information Commissioner (OAIC) under section 15AB of the
FOI Act.
We seek your response to the above matters by COB Thursday 7 November 2024
or earlier.
If you have any questions regarding any of the matters discussed in this
email, please do not hesitate to contact the FOI Section at
[1][email address].
Kind Regards,
Case Officer – Freedom of Information Section
Legal Advice and Legislation
Legal Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: 02 6289 1666 | E: [2][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges the traditional owners
of country throughout Australia, and their continuing connection to land,
sea and community. We pay our respects to them and their cultures, and to
elders both past and present
From: FOI <[email address]>
Sent: Tuesday, 17 September 2024 1:20 PM
To: Health Anon <[FOI #12050 email]>
Subject: TRIM: Freedom of Information Request 25-0019 LD – Acknowledgement
of Receipt [SEC=OFFICIAL]
Good afternoon,
Acknowledgement of receipt of Freedom of Information request
I refer to your request received by the Department of Health and Aged Care
(the department) for access to documents under the Freedom of Information
Act 1982 (FOI Act). You have requested access to:
All approach to market documents and the department's procurement
evaluation and value for money assessment relating to CN4085822
[3]https://www.tenders.gov.au/Cn/Show/af64d...
which shows a contract awarded to Accenture for $289,360,500.00
CN ID: CN4085822
Agency: Department of Health and Aged Care Publish
Date: 5-Aug-2024
Category: Computer services
Contract Period: 2-Jul-2024 to 30-Jun-2026
Contract Value (AUD): $289,360,500.00
Description: ICT Transformation Delivery
Procurement Method: Open tender
The reference number for your request is FOI 25-0019 LD. Please ensure
that you quote this number in future correspondence with us concerning
this request.
Timeframes
Your request was received on 12 September 2024. The statutory timeframe
for processing your request is 30 calendar days and you should expect to
be notified of a decision from the department on or before 12 October
2024. The period of 30 days may be extended if the department needs to
consult third parties or for other reasons. We will advise you if this
happens.
Other information
The department may impose a charge for the work involved in providing
access to the documents. If this request attracts a charge you will be
notified in writing.
Unless you advise otherwise:
· any draft and duplicate documents will be excluded from the
scope of your request, and
· any public service employee names below Senior Executive Service
level and direct telephone numbers of all staff will be excluded from the
scope of your request under s22(1)(a)(ii) of the FOI Act.
Please note that information released under the FOI Act may later be
published online on our disclosure log
[4]www.health.gov.au/resources/foi-disclosure-log, subject to certain
exceptions. (For example, personal information will not be published where
this would be unreasonable.)
You can contact the FOI team via email at [5][email address] or by phone
on 02 6289 1666, should you have any questions.
Kind regards,
FOI Case Officer – Freedom of Information Section
Legal Advice and Legislation Branch
Legal Division | Corporate Operations Group
Australian Government Department of Health and Aged Care
T: 02 6289 1666 | E: [6][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples
as the Traditional Owners of Country throughout Australia, and their
continuing connection to land, sea and community. We pay our respects to
them and their cultures, and to all Elders both past and present.
--------------------------------------------------------------------------
Dear Health Anon
We refer to your FOI request received on 12 September 2024.
Please find attached a decision on access together with the documents for
release referred to in that decision.
If you have any queries in relation to this decision, please contact the
FOI Section on the details below.
Yours sincerely
Guy
Freedom of Information Section
Legal Advice and Legislation Branch
Legal and Assurance Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: 02 6289 1666 | E: [1][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges the traditional
custodians of Australia and their continued connection to land, sea and
community. We pay our respects to elders past and present.
If you receive this email in error, please delete it and contact the
sender immediately.
"Important: This transmission is intended only for the use of the
addressee and may contain confidential or legally privileged information.
If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited. If you
receive this transmission in error please notify the author immediately
and delete all copies of this transmission."
References
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Dear Department of Health,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Department of Health's handling of my FOI request 'Accenture ICT Transformation Delivery'.
Scope of documents
I note my original request was for “All approach to market documents and the department's procurement evaluation and value for money assessment”
I note that the Commonwealth Procurement Rules require a value for money assessment to consider factors including stakeholder input, the scale and scope of the business requirement, the relevant entity’s resourcing and budget, obligations and opportunities under other existing arrangements, relevant Commonwealth policies; and the market’s capacity to competitively respond to a procurement.
Further, the guidelines to the CPR state officials responsible for a procurement must be satisfied, after reasonable enquiries, that procurements should encourage competition and be non-discriminatory; use public resources in an efficient, effective, economical and ethical manner that is not inconsistent with the policies of the Commonwealth; facilitate accountable and transparent decision making; encourage appropriate engagement with risk; and be commensurate with the scale and scope of the business requirement.
When conducting a procurement, an official must consider the relevant financial and non-financial costs and benefits of each submission including, but not limited to the quality of the goods and services; fitness for purpose of the proposal; potential supplier’s relevant experience and performance history; flexibility of the proposal (including innovation and adaptability over the lifecycle of the procurement); environmental sustainability of the proposed goods and services (such as energy efficiency, climate change impact, environmental impact, circularity of the goods and services and use of recycled products); and whole-of-life costs.
Whole-of-life costs could include the initial purchase price of the goods and services; maintenance and operating costs; transition out costs; licensing costs (when applicable); the cost of additional features procured after the initial procurement; consumable costs; and decommissioning, remediation and disposal costs (including waste disposal).
The decision maker’s response indicates that the only information of relevance to my request is a total of 24 pages from the “Commitment Approval Minute” dated 26 June 2024 and a further 6 pages relating to the original RFQ published on the digital marketplace January 2024.
Can you confirm that the Department has indeed included the full value for money assessment as within scope of my request, and if not, why not?
Section 22 – deletion of irrelevant material
I request a review of the decision maker’s decision under this section for the following reason
Section 22, part 3(b) requires that the grounds for the deletions be provided.
The decision maker has not provided details as to the criteria used to determine the remaining 236 pages of the committee approval minute are irrelevant to my request.
I also find it difficult to believe there are no other documents that relate to this procurement evaluation held by your department. Would you please confirm why that is the case.
Section 47D - Financial or property interests of the Commonwealth
The decision maker argues that disclosing information about the approach to market, procurement evaluation, and value for money assessment would have a substantial adverse effect on the financial interests of the Commonwealth, as it could compromise future competitive tendering processes.
The argument that disclosing information related to a past procurement process would harm future tendering processes is unconvincing, and I ask you to reconsider its relevance.
The FOI Act emphasises transparency and accountability, as do the commonwealth procurement rules, and disclosing past procurement information, I suggest, would actually enhance competition and fairness in future processes.
I note the commonwealth procurement rules state Relevant entities should include relevant evaluation criteria in request documentation to enable the proper identification, assessment and comparison of submissions on a fair, common and appropriately transparent basis
Further, to justify withholding information under section 47D, you must demonstrate a tangible and significant financial detriment that would result from disclosure.
The decision letter does not provide specific evidence to support the claim that disclosure would have a "substantial adverse effect." It relies on general assumptions about potential harm to the competitive tendering process.
I also note section 6.83 of the FOI guidelines state: An agency or government cannot merely assert that its financial or property interests would be adversely affected following disclosure.
The particulars of the predicted effect should be identified during the decision-making process and should be supported by evidence. Where the conditional exemption is relied on, the relevant particulars and reasons should form part of the decision maker’s statement of reasons…. The effect must bear on the actual financial or property interests of the Commonwealth or an agency.
I ask you to reconsider this exemption for those reasons.
Section 47E - Documents affecting certain operations of agencies
The decision maker invokes sections 47E(b) and 47E(d) to withhold information, arguing that disclosure would prejudice the attainment of objectives of particular tests, examinations, or audits, and have a substantial adverse effect on the proper and efficient conduct of agency operations.
The decision letter does not adequately explain how the release of information would prejudice the attainment of objectives of tests, examinations, or audits. It simply asserts that the information relates to operational activities being conducted lawfully and would not reveal inefficiencies.
To meet the threshold of section 47E, you should provide concrete examples of how disclosure would harm the effectiveness of these processes.
Your reliance on the argument that disclosure would affect "proper and efficient" operations is vague. If the department is functioning lawfully and efficiently, transparency should not pose a threat.
The FOI Guidelines explicitly state that revealing unlawful activities or inefficiencies does not justify applying the exemption. The decision maker should articulate specific ways in which the disclosure would negatively impact operations, going beyond a generalised statement about potential harm.
You state, in your reasons for conditionally exempting information under 47E(b), would “ prejudice the attainment
of the objects of a tender evaluation conducted by the department, and that the
prejudicial effect would change to the expected results. If this were to occur, I am
satisfied that this would prevent the assessment panel from making robust value for
money assessments on tender applications.”
Further you state “a precedent of disclosure of information relating to assessments of
tenders would, or could reasonably be expected to, have a substantial adverse effect
on the operations of the department, as it would discourage panel members in future
procurement processes from making full and candid assessments. I consider that it is
reasonably likely that such a precedent would encourage panel members to address
their comments to audiences and with a purpose other than those intended. I am
satisfied that such an outcome would undermine the effectiveness of assessment
processes in the future. “
The FOI act and OAIC guidelines are explicit that “access to the document could result in embarrassment to the Commonwealth Government, or cause a loss of confidence in the Commonwealth Government” is an irrelevant factor, and as such your objections under this part should be removed entirely.
You also state that parts of the document marked ‘s47E(d)’ in the schedule contain
“information, namely evaluation against specified criteria and risk management
processes, the disclosure of which would, or could reasonably be expected to, have a
substantial and an unreasonable effect on the department’s proper and efficient
operations.”
You go on to state “The disclosure of procurement costing information used by the department would
have an adverse effect on the department’s ability to negotiate and/or manage future
procurements or orders to obtain best value for the department. Any impediment to
the ability of the department to obtain value for money contracts for services would
have a substantial adverse effect on the proper and efficient conduct of the
department’s operations.”
But you do not explain how disclosure of such costing information would impede future procurements or the department's ability to obtain value for money procurements.
You go on to state “The disclosure of risk management processes would, or could reasonably be expected
to, impact and impede the efficiency and effectiveness of the department’s methods of
managing potential risks to its operations. If this information were disclosed, I am
satisfied that the measures put in place to mitigate those risks would cease to be
effective. If this were to occur, the department would need to develop new risk ratings
and mitigations, at significant financial and operational cost. Any such result would
have a substantial adverse effect on the proper and efficient conduct of the department.”
The FOI Act emphasises the public's right to access government-held information to promote transparency and accountability.
One of the key public interest factors favouring disclosure is promoting "effective oversight of public expenditure" This suggests that transparency in government operations, including risk management processes, is crucial for public scrutiny and ensuring responsible use of taxpayer funds.
If, as you state, risk management processes rely heavily on non-disclosure, it could hinder public scrutiny and potentially obscure mismanagement or ineffective use of resources, contradicting the principles of transparency and accountability.
The OAIC guidelines state that an agency's operations might not be substantially adversely affected if disclosure leads to process improvements that enhance efficiency.
This implies that disclosure, even of sensitive information, can sometimes be beneficial by prompting positive change and encouraging better practices.
I ask you to reconsider your argument that non-disclosure of your risk assessment and risk management could shield inefficiencies or problematic practices from scrutiny. Transparency could lead to identification of weaknesses and the development of more effective risk mitigation strategies resulting in a windfall to the department and future procurement processes.
Section 47G – Business information
I request you re-evaluate your conditional exemption under this section as well.
Your argument rests on the premise that disclosing information about unsuccessful submissions would damage the reputation of the organisations involved. However, the FOI Act emphasises transparency in government processes, including procurement.
Disclosing information about unsuccessful bids could actually enhance accountability and provide valuable insights into the evaluation process.
I note the CPR now requires written feedback to unsuccessful tenderers so that seems to suggest to me that the Commonwealth considers such information to be supportive of the overarching objectives of the CPR.
You claim that disclosure would be detrimental to the profitability of businesses. However, the letter does not offer concrete evidence or specific examples to support this claim.
I suggest you need to demonstrate a direct and substantial link between disclosure and financial harm to justify withholding the information.
You mention consultation with affected third parties and their concerns about disclosure. While consultation is important, you should not prioritise the interests of third parties over the public interest in transparency.
The public has a right to know how government funds are being spent and how decisions are made, even if it involves information about private businesses.
Public interest test
Again I ask you to re-evaluate your public interest test decision
You state that the disclosure of conditionally exempt information would “would not inform debate on a matter of public importance “ but I disagree - I see the expenditure of 289 million dollars to be considered a matter of public importance, and more transparency around how the department came to award the contract would also inform the debate.
More specifically, the OAIC guidelines list “allow or assist inquiry into possible deficiencies in the conduct or administration of an agency or official” as one reason why disclosure may inform debate on a matter of public importance.
I am glad you accept that disclosure of the conditionally exempt information would promote effective oversight of public expenditure and promote the objects of the FOI Act by providing the Australian community with access to information held by the Australian Government - I agree with that.
Finally, the OAIC guidelines require the statement of reasons must explain both the relevance of the factors (some of which I dispute above) and the relative weight given to them (which has not been provided at all).
Thank you for your consideration of these matters.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
Health Anon
Good afternoon,
FREEDOM OF INFORMATION INTERNAL REVIEW REQUEST – NOTIFICATION OF RECEIPT
I am writing to notify you that the Department of Health and Aged Care
(department) has received your request for an Internal Review of a
decision on access made by the department on 8 November 2024 under the
Freedom of Information Act 1982 (Cth) (FOI Act).
The department has 30 calendar days after the date your request was
received to notify you of its decision on the internal review.
You can contact the FOI Section via email at [1][email address], should
you have any questions.
Kind regards,
FOI Case Officer – Freedom of Information Section
Legal Advice and Legislation Branch
Legal Division | Corporate Operations Group
Australian Government Department of Health and Aged Care
T: 02 6289 1666 | E: [2][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples
as the Traditional Owners of Country throughout Australia, and their
continuing connection to land, sea and community. We pay our respects to
them and their cultures, and to all Elders both past and present.