Request - Contract 622 Unsuccessful Bidders List
Dear NSW Treasury,
I am writing to make a formal request under the Government Information (Public Access) Act 2009 (GIPA Act) for access to information held by the NSW Treasury. Specifically, I am seeking a list of unsuccessful bidders for Contract 622, relating to the removal of deceased, for the period of 2006 to 2019. Only when contract 622 was awarded to Statewide Mortuary Transfers P/L (SMT).
Additionally, I kindly request that you provide contact details for each of the unsuccessful bidders identified in the aforementioned list. This information is required in order to inform these businesses of their right to lodge a complaint with the Australian Competition and Consumer Commission (ACCC).
As per my experiences and understandings, during this period, SMT claimed to have a legal registered Enterprise Agreement, that allowed them to pay less for labor, thereby giving them an advantage over their competing bidders. This information is crucial for assessing the fairness and transparency of the contract award process.
To facilitate the processing of this request, I would appreciate if you could provide the requested information in the electronic format, of PDF files if possible.
I understand that there may be fees associated with accessing the requested information. If this is the case, please inform me of the estimated costs before proceeding with the request.
I look forward to your prompt attention to this matter and your timely response within the legislated timeframe of 20 working days, as stipulated under the GIPA Act.
Thank you for your cooperation.
Yours faithfully,
Paul Tarrant
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Good afternoon Mr Tarrant,
I refer to your GIPA application request below received 23 November 2023. Your application appears to be a formal access request which requires payment of a $30 application fee.
If you would like to make a direct deposit, please deposit $30.00 into the NSW Treasury bank account using the following details:
Account Name: The Treasury
Account BSB: 012100
Account Number: 838359826
Once this is completed, please forward a copy of the payment confirmation receipt to [email address]
Alternatively, you may wish to send a bank cheque by post to:
NSW Treasury
GPO Box 5469
Sydney, NSW
2001
Please note that the response time of 20 working days (subject to any extension allowed for under the Act) for formal access applications does not commence until payment is received and an application is considered valid.
If you have any further questions, please do not hesitate to contact us.
With thanks,
Antonina Minenko
Information Access Coordinator
Office of General Counsel
T (02) 8575 1746 E [email address]
[SENSITIVE: LEGAL] This email, including any attachments, is confidential and may be subject to legal or other professional privilege. If this email is sent to you in error, confidentiality and privilege are not waived and you must not disclose or use the information in it. Please contact the Office of General Counsel before disclosing the existence or content of any advice contained in this email to a third party or before distributing this email or attachments to a third party
I acknowledge the traditional custodians of the land and pay respects to Elders past and present. I also acknowledge all the Aboriginal and Torres Strait Islander staff working with NSW Government at this time.
Proudly supporting Diversity and Inclusion.
Hello Paul.
Thank you for your application under the Government Information (Public
Access) Act 2009 (the GIPA Act) received on 23 November 2023, along with
the $30.00 application fee. A copy of your application is attached.
Your application is a valid application under the GIPA Act. Under usual
circumstances, your application must be decided within 20 working days,
that is, by 21 December 2023. I note that you seek information from 2006
onwards, which has possibly been archived. When an agency is required to
retrieve information from archives, the GIPA Act permits an additional 10
working days be added to the decision period. If archive retrieval is
necessary, your application must be decided by 18 January 2024; the days
between the Christmas and New Year shutdown of the public service not
being counted as working days. Further, if third party consultation is
required, the GIPA Act provides additional time be added to the decision
period. If third party consultation is required, and retrieval of records
from archives is necessary, a further 5 working days may be added to the
decision period, making a decision on your application due by 25 January
2024.
I will advise you if retrieval of information from archives is necessary
and/or if third party consultation is required, and of the decision date.
Please do not hesitate to contact me if you wish to discuss this matter.
Regards
Peter Brandt | Associate Director, Information Access
Office of General Counsel
52 Martin Place, Sydney
GPO Box 5469, SydneyNSW 2001
T: 02 9228 3517 l M: 0414 985 705
GIPA and Privacy Hotline: 9228 3232
E: [1][email address] | [2]Treasury.nsw.gov.au
[3]IAG Sharepoint
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Hello Paul.
I refer to my email dated 27 November 2023 acknowledging receipt of your
application under the Government Information (Public Access) Act 2009 (the
GIPA Act).
Following a discussion with Procurement, your request has been considered
by Museums of History. I am currently waiting for a response from the
Government Records Repository, the custodians of State archived records.
As advised in my email dated 27 November 2023, the GIPA Act allows for a
10 working day extension to the decision period in the event of retrieval
of records from archives. Consequently, your decision is now due by 18
January 2024.
I note from your application that you seek the identity of other parties
involved in this tender and contract. If the information located by the
Government Records Repository requires third party consultation, the GIPA
Act allows a further 5 working days be added to the decision period. I
will advise you if third party consultation is required, and if so, of the
new decision date.
Please do not hesitate to contact me if you wish to discuss this matter.
Regards
Peter Brandt | Associate Director, Information Access
Office of General Counsel
52 Martin Place, Sydney
GPO Box 5469, SydneyNSW 2001
T: 02 9228 3517 l M: 0414 985 705
GIPA and Privacy Hotline: 9228 3232
E: [1][email address] | [2]Treasury.nsw.gov.au
[3]IAG Sharepoint
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Dear Peter Brandt,
Thanks for your efforts and info. There seems to be some error in communication, I didn't request a repeat of what was outlaid earlier.
Right to know may have sent you a repeat request when they asked for an update on my request for information. I am asked to update the status of the claim after each response you send. Whether that triggers a resend to you, I don't know. There is not an "in process" option to select. If you receive a repeat request this week, please ignore it.
Unless provided with new info, my current understanding is that if I haven't received the requested info (or have confirmation that I am to receive the info) for whatever reason by Jan 29, I must start shopping for the best journalist or media outlet.
Yours sincerely,
Paul Tarrant
Hello Paul.
Thank you for your email dated today; copy attached.
We received an application from you pursuant to the Government Information
(Public Access) Act 2009 (the GIPA Act) on 27 September 2022. That
application was decided on 19 October 2022.
On 23 November 2023, we received a further application from you pursuant
to the GIPA Act. As the request in the second application is different to
the first application, we are undertaking further searches, both within
Treasury and State Archives. To date, I have acknowledged receipt of your
current application, and application fee, and provided you with details of
when your application must be decided. Depending on how long the searches
take, your application might be decided before the final date.
It is unclear to me what is the communication error. I have never
received an email, or other correspondence, from Right to Know; neither
sending me a request, or repeat request, nor asking me for an update. I
note, however, that your email uses a Right to Know suffix. I also do not
know what you mean by I am asked to update the status of the claim after
each response you send. Would you prefer I correspond with you using
another email address?
In relation to your comment Unless provided with new info, my current
understanding is that if I haven't received the requested info (or have
confirmation that I am to receive the info) for whatever reason by Jan 29,
I am unable to provide any advice on whether there is new information, or
confirmation that you will receive information, until the searches for
information have been completed, and any located information has been
reviewed, and a decision made.
Would it assist if we discuss the current process?
Regards
Peter Brandt | Associate Director, Information Access
Office of General Counsel
52 Martin Place, Sydney
GPO Box 5469, SydneyNSW 2001
T: 02 9228 3517 l M: 0414 985 705
GIPA and Privacy Hotline: 9228 3232
E: [1][email address] | [2]Treasury.nsw.gov.au
[3]IAG Sharepoint
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Dear Peter Brandt,
Merry Xmas
I look forward to receiving the requested information by Australia day
Yours sincerely,
Paul Tarrant
Hello Paul.
I refer to your application under the Government Information (Public
Access) Act 2009 (the GIPA Act) seeking the names of the businesses which
were unsuccessful in relation to the above contract.
I acknowledged your application on 27 November 2023 and advised that as
retrieval of information from archives would most likely be required due
to the age of the information you requested, your application likely needs
to be decided by 18 January 2024. As expected, the requested information
was the subject of extensive searches by Museums of History. The business
names of the unsuccessful tenderers has been located. Under the GIPA Act,
if information concerns a person’s business, commercial, professional or
financial interests, and if the person may reasonably be expected to have
concerns about the disclosure of the information, the GIPA Act requires me
to consult with the person prior to making a decision on whether or not to
disclose the information.
Disclosing the business names of unsuccessful tenderers could reasonably
prejudice their legitimate business interests. Consequently, I have
consulted with the unsuccessful tenderers on whether they object to the
disclosure of their business names.
As advised on 27 November 2023, the GIPA Act allows additional time be
added to the decision period for third party consultation. Your
application must now be decided by 25 January 2024.
Please do not hesitate to contact me if you wish to discuss this matter.
Regards
Peter Brandt | Associate Director, Information Access
Office of General Counsel
52 Martin Place, Sydney
GPO Box 5469, SydneyNSW 2001
T: 02 9228 3517 l M: 0414 985 705
GIPA and Privacy Hotline: 9228 3232
E: [1][email address] | [2]Treasury.nsw.gov.au
[3]IAG Sharepoint
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Hello Paul.
I refer to your application under the Government Information (Public
Access) Act 2009 seeking the following information:
I am seeking a list of unsuccessful bidders for Contract 622, relating to
the removal of deceased, for the period of 2006 to 2019. Only when
contract 622 was awarded to Statewide Mortuary Transfers P/L (SMT).
Additionally, I kindly request that you provide contact details for each
of the unsuccessful bidders identified in the aforementioned list.
Attached is my decision and an information sheet on review rights.
Please do not hesitate to contact me if you wish to discuss this matter.
Regards
Peter Brandt | Associate Director, Information Access
Office of General Counsel
52 Martin Place, Sydney
GPO Box 5469, SydneyNSW 2001
T: 02 9228 3517 l M: 0414 985 705
GIPA and Privacy Hotline: 9228 3232
E: [1][email address] | [2]Treasury.nsw.gov.au
[3]IAG Sharepoint
References
Visible links
1. mailto:[email address]
2. https://www.treasury.nsw.gov.au/
3. https://nswgov.sharepoint.com/sites/EMS/...