Doing business with CASA

CASA Code of Conduct in Contracting

Overview

This code provides a framework for relationships between CASA and people who do business with CASA ('business partners').

CASA expects that

  • its staff will observe this code
  • its business partners will observe this code
  • anyone conducting business with CASA will maintain relationships based on trust which will stand up to public scrutiny.

This code enables CASA's business partners to promote their interests knowing that they will be treated honestly and with integrity by CASA. CASA's business partners can expect a professional relationship with CASA. They can also expect prompt and proper handling of any business issues that may arise.

Businesses can be assured that CASA will expect its competitors and sub-contractors to behave according to the same rules.

If there is an apparent conflict between the operation of this code and a formal arrangement such as a signed agreement, contract or request for tender then the terms of the formal arrangement will take precedence.

This code recognises that all CASA staff must observe the CASA Code of Conduct and CASA's Values.

Code of conduct in contracting - summary table

CASA requires its staff to: CASA expects that its business partners will:
  • seek value for money for the taxpayer
  • deliver value for money
  • be open and fair in business dealings, subject to:
    - commercial-in-confidence, security and privacy considerations
  • avoid collusive practices
  • protect Commonwealth material
  • respond promptly to reasonable requests for advice and information
  • respond promptly to reasonable requests from CASA or its clients for advice and information
  • avoid conflicts of interest or declare situations where private interests conflict with public duty
  • disclose real or apparent conflicts of interests
  • deal honestly with suppliers and be timely in paying accounts
  • deal honestly with CASA and comply with contractual conditions
  • not solicit or accept money or other benefits from organisations seeking or having a business relationship with CASA
  • not make offers to CASA employees of money or other benefits
  • comply with the CASA Code of Conduct and apply the CASA Values in the performance of their duties
  • in dealings with CASA's clients, behave in a highly ethical manner

Specific guidance

Particular situations in which CASA and its business partners should exercise care include:

A. Gifts and hospitality

Staff must not improperly use their position to gain a benefit, gift or hospitality.

Staff can only accept a benefit, gift or hospitality subject to complying with the CASA's procedures.

Hospitality can include presentations, demonstrations, briefings and discussions, accompanied by breakfast, lunch or dinner. Travel and accommodation are generally not included as part of hospitality and are covered at section B of this code.

CASA staff are usually not entitled to use government funds for hospitality. Approval is handled on a case-by-case basis and must be obtained in advance in accordance with the CASA policy.

Social contact with tenderers should be avoided during the period of a tender. Offers of hospitality and entertainment will not be accepted by CASA staff during these times.

B. Travel and accommodation

Usually, CASA provides for the business travel and accommodation requirements of its staff. A business may only provide travel and accommodation for CASA staff in circumstances directly related to the joint business of the two parties and where the arrangement could not be seen as creating a conflict of interest for CASA staff.

Any offer by a business to pay for CASA staff to visit and view its products or services should only be accepted if there is approval by appropriate CASA senior management.

C. Conflicts of interest

Sometimes CASA and its business partners will need to work out ways of identifying and resolving real or perceived conflicts of interest.

CASA staff should ensure that in all dealings with businesses their actions can be publicly scrutinised without the need for elaborate justification.

In such dealings a real or perceived conflict of interest may arise between an employee's private interests and that employee's duty to CASA.

Examples of such conflicts include the ownership by a CASA employee of shares in a company competing for CASA business, the unauthorised disclosure or personal use of any information which would result in insider trading, or a CASA employee engaging in dealings with the business partner that may benefit a member of the employee's family.

In cases like this, whether the conflict can be avoided or not, CASA staff should declare it promptly in writing to their supervisor. Normally, such a staff member would be excluded from any duty that could be seen to give rise to a conflict of interest.

D. Commercial-in-confidence

Contracts with CASA provide specific guidance on the identification and treatment of confidential material, personal information and Freedom of Information requirements.

Information exchanged between CASA and its business partners is frequently given 'in-confidence'. As stated in the contracts, such information may be disclosed where there is a legal requirement to do so. For CASA this may include the requirement to disclose information to Parliament or its Committees.

CASA and businesses must not allow 'commercial-in-confidence' information to be made known to anyone who has no right to it.

Competing companies are never to be given another company's information in regard to performance specifications nor any aspects of pricing, quotation, tender, bid, nor any other commercial or proprietary information.

Business partners and the criminal code

Anyone providing services for CASA is considered to be a commonwealth officer for the purposes of the Criminal Code. This includes staff, agents or sub-contractors of CASA's business partners.

To help prevent breaches of the Criminal Code our standard contracts warn about offences that can apply.

Purchase order contract conditions

Unless otherwise stated in writing, CASA has contract conditions for the purchase of goods or services which form part of the purchase order and contain important information about the purchase order.

You must read the contract conditions for the purchase of goods or services as a requirement of the purchase order.

If you are unable to view the document, please contact the buyer displayed on the purchase order who will fax or mail you the contract conditions. Copies can also be collected from the delivery address.

Tenders

CASA publishes all open approaches to the market by way of the Commonwealth Government AusTender web site. To view tenders currently published, visit the AusTender web site and enter "CASA" into the search window. Request documentation is available for download at this web site.

Contracts

In accordance with FMG 15, all contracts entered into by CASA that are over $10,000 will be reported on AusTender. All contracts including contracts with confidentiality provisions may be found on the Austender web site

Dealing with complaints

Procurement processes in the public sector environment must be based on clearly articulated and defensible evaluation criteria and CASA's actions must be robust and defensible. Complaint handling procedures must be fair, equitable and non-discriminatory. Purchasing officers are responsible for complying with the CASA Code of Conduct and upholding CASA values. In dealing with suppliers CASA purchasing officers are to be guided by the Ethics section of the Commonwealth Procurement Guidelines (CPGs). Suppliers are directed to CASA's procurement complaint handling policy if a complaint is believed to be warranted.

 
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