Reference no: EM13823631

Summary of case

Nirmal is the IT manager in a government department with more than 500 staff members and six branches across Australia. His department has decided to acquire an enterprise resource planning (ERP) system. An RFT for the procurement of the software was advertised in a number of Australian newspapers. Two local companies responded to the advertisement and sent their offers to the department. When Nirmal opened the envelopes and examined the offers he found that company A's offer is slightly better than company B's offer. To his surprise, company B's offer was made by his best friend Devraj, who is the general manager of company B. Company A's software appeared to be easier to use and easier to modify compared to company B's software. Although the initial cost of company B' software appeared to be less than that of company's A, the former may require some ‘tools-consultants' to modify it and some ‘business-consultants' to assist in running it, which might eventually raise the total cost. To complicate matters more, Nirmal received a phone call from Devraj, who urged him to favour his offer, as he is quite desperate to get this deal. He also reminded him that the ‘tools and business consultants' who might be needed in the project will be recruited from his home country which means more jobs for his countrymen and in turn more money sent home. Nirmal is indeed in a difficult position.

1.2.1 Public Interest

b) raise with stakeholders any potential conflicts between your professional activity and legal or other accepted public requirements;

1.2.3 Honesty

b) not knowingly mislead a client or potential client as to the suitability of a product or service;

c) distinguish between your professional and personal opinions and advice;

1.2.4 Competence

a) endeavour to provide products and services which match the operational and financial needs of your stakeholders;

g) respect, and seek when necessary, the professional expertise of colleagues in their areas of competence.

1.2.6 Professionalism

a) take a calm, objective, informed and knowledgeable stance on your professional work, complementing your enthusiasm and engagement in it;

b) take appropriate action against members who engage in behaviour contrary to this Code;

e) neither require, nor attempt to influence, any person to take any action which would involve a breach of this Code;

f) refrain from any conduct or action in your professional role which may tarnish the image of the profession or detract from the good name of the ACS;