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Senate Question Home Affairs Portfolio SENATE QUESTION (Question No. 1009 ) Senator Murray Watt asked the Minister representing the Minister for Home Affairs, upon notice, on 13 December 2019: With reference to the contract between the Department of Home Affairs and Canstruct International Pty Ltd in relation to the provision of garrison and welfare services on Nauru (CN ID CN3460561; Agency reference 70020539) (“the contract”) , can the following information be provided: 1. In respect of the letter of intent between the Department and Canstruct International, which was entered into prior to the date of the contract and came into force on 28 September 2017: a. on what date did the negotiations between the Department and Canstruct International in respect of the letter of intent begin; b. on what date did negotiations between the Department and Canstruct International in respect of the letter of intent conclude; c. as at 28 September 2017, how many people were employed by Canstruct International; d. prior to 28 September 2017, what previous experience did Canstruct International have in providing welfare services for refugees or asylum seekers; e. specifically: i. what welfare services had Canstruct International previously provided to refugees or asylum seekers; ii. where were those services provided; and iii. when were those services provided. f. prior to 28 September 2017, what previous experience did Canstruct International have in providing garrison services for sites occupied by refugees or asylum seekers; g. specifically: i. what garrison services had Canstruct International previously provided for sites occupied by refugees or asylum seekers; ii. where were those services provided; and iii. when were those services provided. h. prior to 28 September 2017, what previous experience did Canstruct International have in providing accommodation management services; i. specifically: i. what accommodation management services had Canstruct International previously provided; ii. where were those services provided; iii. to whom were those services provided; and iv. when were those services provided. j. what was the value of the letter of intent to Canstruct International; and k. on what date was the letter of intent approved by the Minister. 2. In respect of the contract dated 31 October 2017 (CN3460561–A1) : a. on what date did the contract negotiations between the Department and Canstruct International begin; b. on what date did the contract negotiations between the Department and Canstruct International conclude; c. how many people or organisations were asked to submit a tender for the contract; d. if Canstruct International was the only organisation that was asked to submit a tender, why; e. why was Canstruct International asked to submit a tender for the contract; f. when was Canstruct International asked to submit a tender for the contract; g. who first suggested that Canstruct International be asked to submit a tender for the contract; h. on what date was the contract approved by the Minister; i. did Canstruct International provide the Department “with a draft Transition Plan no later than two (2) days after the Execution Date” as required by clause 2.5.1 of the contract; j. did Canstruct International “finalise the Transition Plan (subject to any amendments required by the Department) no later than five (5) days after the Execution Date” as required by clause 2.5.1 of the contract; k. did Canstruct International “commence implementing the Transition Plan no later than five (5) days after the Execution Date” as required by clause 2.5.2 of the contract; l. how many performance reports has Canstruct International provided to the Department in accordance with clause 4.5.1 of the contract since 31 October 2017; m. when were those performance reports provided; and n. how many times has Canstruct International failed to perform an obligation under the contract since 31 October 2017; and in respect of each failure: i. what obligation did Canstruct International fail to perform; and ii. when did Canstruct International fail to perform the obligation. 3. In respect of the amendment to the contract dated 1 November 2018 (CN3460561–A2) : a. on what date did negotiations between the Department and Canstruct International in respect of that amendment begin; b. on what date did negotiations between the Department and Canstruct International in respect of that amendment conclude; c. under the amended contract dated 1 November 2018, what was the new “End Date”; d. apart from extending the date of the contract, were any other amendments made to the contract; e. if other amendments were made: i. what were those amendments; and ii. what was the effect of those amendments. f. what was the value of the amendments to Canstruct International; g. how many other people or organisations were asked to submit a tender for the provision of welfare and garrison services on Nauru between 31 October 2017 and 1 November 2018; h. if no organisation other than Canstruct International was asked to submit a tender, why not; and i. on what date was the amendment approved by the Minister. 4. In respect of the amendment to the contract dated 30 April 2019 (CN3460561–A3) : a. on what date did negotiations between the Department and Canstruct International in respect of that amendment begin; b. on what date did negotiations between the Department and Canstruct International in respect of that amendment conclude; c. was the amendment initially sought by Canstruct International or by the Department; d. what was the amendment; e. what was the effect of the amendment; f. why did the Department consider the amendment necessary; g. what was the value of the amendment to Canstruct International; h. how many people or organisations were asked to submit a tender for the amendment; i. if no organisation other than Canstruct International was asked to submit a tender, why not; and j. on what date was the amendment approved by the Minister. 5. In respect of the amendment to the contract dated 30 July 2019 (CN3460561–A4) : a. on what date did negotiations between the Department and Canstruct International in respect of that amendment begin; b. on what date did negotiations between the Department and Canstruct International in respect of that amendment conclude; c. was the amendment initially sought by Canstruct International or by the Department; d. what was the amendment; e. what was the effect of the amendment; f. why did the Department consider the amendment necessary; g. what was the value of the amendment to Canstruct International; h. how many people or organisations were asked to submit a tender for the amendment; i. if no organisation other than Canstruct International was asked to submit a tender, why not; and j. on what date was the amendment approved by the Minister. 6. Are there any negotiations currently underway between Canstruct International and the Department of Home Affairs in respect of the provision of welfare and garrison services on Nauru; if so, when did those negotiations begin. 7. Will Canstruct International continue to provide welfare and garrison services on Nauru after 31 December 2019. 8. When will Canstruct International cease to provide welfare and garrison services on Nauru. Senator Cash – The Minister for Home Affairs, has provided the following answer to the honourable senator’s question: 1. In respect of the letter of intent between the Department and Canstruct International, which was entered into prior to the date of the contract and came into force on 28 September 2017: a. on what date did the negotiations between the Department and Canstruct International in respect of the letter of intent begin; It would be an unreasonable diversion of resources to retrieve this information. The section responsible for the negotiation process no longer exists and the information is archived in the Department’s records management system. b. on what date did negotiations between the Department and Canstruct International in respect of the letter of intent conclude; The signed Letter of Intent was issued on 28 September 2017. c. as at 28 September 2017, how many people were employed by Canstruct International; Employment arrangements within Canstruct International are a matter for Canstruct International. The Department is not privy to this information. d. prior to 28 September 2017, what previous experience did Canstruct International have in providing welfare services for refugees or asylum seekers; e. specifically: i. what welfare services had Canstruct International previously provided to refugees or asylum seekers; ii. where were those services provided; and iii. when were those services provided. The procurement process required that Canstruct demonstrate their capability, capacity and experience in delivering the requirements of the Request For Quote (RFQ). Canstruct was provided with transition support from Broadspectrum, the contracted provider leading up to this time, including facilitating the transfer of staff, and assistance with processes and procedures, including those relating to welfare. f. prior to 28 September 2017, what previous experience did Canstruct International have in providing garrison services for sites occupied by refugees or asylum seekers; g. specifically: i. what garrison services had Canstruct International previously provided for sites occupied by refugees or asylum seekers; ii. where were those services provided; and iii. when were those services provided. Canstruct International had experience in providing garrison services for
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