Actually the regulations require the purchaser to buy the cheapest *_/confirming /_*item.

This means that a purchasing agency, such as TfNSW, must

(i)  draw  up a specification which contains the specific details that the would-be providers must comply with

(ii)  transparently advertise the specification

(iii) upon receipt of bids

(a) reject any offers that fail to comply

(b) and only then accept the lowest price offered.

Once the contract is signed the purchaser has an ongoing responsibility to ensure that all specifics of the specification are complied with and this is formally recorded prior to the contractor being paid.

Place on record a signed statement that "All goods and services received are in accordance with the specification".

Unfortunately   this requires the following:

(i)  the purchaser has the technical and management competence to draw up and enforce the requirements of the specification

(ii) the purchaser is capable of inspecting the ongoing work of the contract  to ensure compliances and where necessary reject faulty workmanship or substandard content.

(iii) the purchaser having the backbone to reject pushback by contractors who attempt to ignore and/or use illegal processes to nullify payment rejections.

In the case of TfNSW (including METRO and Light Rail) does the agency have the technical competence to  properly manage the purchase,  perform the duties outlined above and the backbone to enforce agreed conditions of purchase?  Is TfNSW capable of enforcing Government financial and Auditor General's statuary requirements relating to the ethical management of the government's funding expenditure and fully protecting the public taxpayer's financial and operational expectations?

Greg

On 14/04/2024 11:42 am, Tony Galloway wrote:

> I also noticed in the Newcastle Herald article that the Newcastle cars were starting to develop cracks, but not “severe" enough to worry about “yet”.

>

> I wonder how long it’ll be before the PLR cars start cracking up?

>

> The only reason I can think this company sells so much defective product is tendering regulations that require the purchaser to buy the cheapest item on offer, no matter what.

>

> Great for short contract bureaucrats who can make that decision but have “moved on” by the time the shit hits the fan.

>

> As the old adage says, “good not cheap, cheap not good”.

>

> Tony