ICAC pings two former TAFE NSW execs over software deal – Software

Nancy J. Delong

The NSW anti-corruption watchdog has labelled two former Western Sydney TAFE execs corrupt for accepting almost $450,000 from IT consultancy Oscillosoft to advertise its budgeting software.

The Impartial Commission From Corruption (ICAC) yesterday produced its Operation Lancer report [pdf] into the conduct of the two finance managers at the Western Sydney Institute of TAFE.

The 3-calendar year investigation uncovered the managers, Hasan Mamun and Samiul Kabir, engaged in corrupt conduct when they were paid by Oscillosoft to favour the software above 4 a long time.

In between August 2014 and December 2018, the pair solicited and been given up to $228,153 and somewhere around $220,435, respectively, in relation to the budgeting organizing software application, iPlan.

The iPlan application was meant to be a “band aid” for WSI TAFE, when the institute waited for the release of the TAFE-wide academic organizing and built-in costing application at the conclude of 2014.

But it unfold to other institutes throughout the state, main to inquiries above the first procurement with Oscillosoft, which “did not have the acceptable ICT accrediation less than the NSW government’s regular commercial framework for ICT services”.

iPlan was in the long run bought by nine of the 10 TAFE NSW institutes at a value of $3.4 million between January 2014 and August 2018. At the time allegations of corruption were referred to ICAC in May possibly 2017, Oscillosoft had been paid far more than $two million.

ICAC also uncovered that Oscillosoft administrators Kazi Hassan, Ashique Ibrahim and Mohammad Suza-Ud-Dawllah “engaged in significant corrupt conduct” by facilitating the payments and items to Mamun and Kabir.

Original procurement

The report stated Mamun approached Oscillosoft founder Kazi Hassan, who he knew by means of the Bangladeshi community, in mid-2013 to talk to if he would acquire a software application for the TAFE.

A prototype was rapidly created inside of a 3-to-4 thirty day period interval and introduced to WSI TAFE executives in March 2014, with Mamun subsequently requested to “roll it out”.

Nevertheless, ICAC uncovered Mamun had not acquired 3 quotations for the get the job done, even with WSI TAFE getting paid far more than the $30,000 threshold to Oscillosoft ($45,544) for the first proposal.

“The Commission is glad that Mr Mamun knew that he did not comply with proper procurement processes when he acquired the iPlan software application,” the report stated.

“He knew that he was needed to get approval to instantly negotiate with a contractor and that an IT contractor really should be on the checklist of ICT accredited suppliers.

“The Commission is also glad that Mr Mamun deliberately ignored and circumvented the proper procurement processes in buy to engineer the sourcing of the application from Oscillosoft.”

The report also uncovered Mamun tried to conceal the truth that proper procurement procedure were not adopted by creating changes to the Oscillosoft deal to convey it less than the $30,000 threshold.

iPlan spreads to other TAFEs

In mid-2014, other institutes began expressing an interest in the iPlan application, particularly the Illawarra Institute of TAFE NSW and the Western Institute of TAFE NSW.

ICAC uncovered in June 2014, Mamun approached Oscillosoft to establish an arrangement where he and Kabir would receive 20 percent of the revenue if the iPlan application was marketed to other TAFEs.

“He informed the commission he requested for ‘a little bit of consultancy, a little bit of commission or whatever it is’ and Oscillosoft agreed,” the report stated.

Oscillosoft approved these terms, but not prior to its founder Hassan lifted considerations about a conflict of interest with Mamun, which were dismissed.

Mamun also knowingly signed declarations falsely declaring no conflict of interest for the procurement in 2015, 2016 and 2017.

He now accepts that there was a conflict of interest by accepting payments and that his conduct was dishonest, ICAC stated.

Payments were produced to family members and close friends of Mamun and Kabir, such as all over $200,000 into the account of Mamun’s spouse.

The pair were engaged as “subject matter experts” right up until November 2014, but Oscillosoft ongoing paying out them right up until late 2018.

The commission was also informed that right after the initial arrangement, Mamun approached Oscillosoft director Ashique Ibrahim in 2017 wanting fairness in Oscillosoft.

Following this solution, the company sought legal information about forming a organization with Mamun and Kabir, and was later on informed this was not probable as they labored for TAFE NSW.

Even with this legal information, Oscillosoft produced added payments to Mamun and Kabir in January 2018, October 2018 and December 2018 at their request.

Possible prosecution

ICAC will now look at acquiring the information of the state Director of Community Prosecutions above whether or not or not to prosecute Mamun and Kabir, as effectively as the 3 Oscillosoft administrators, for many alleged offences.

It stated “insufficient governance and the iPlan application remaining created outside the house an ICT governance framework” and “repeated non-compliance with procurement policy” contributed to the conduct.

TAFE NSW has been requested to “constrain area ICT jobs that are ‘architectural exceptions’” by closing regional knowledge centres, shifting purposes and software into the TAFE NSW private cloud or a area cloud supplier [and] assessing area software modules, purposes and model for necessity and removal”.

The Commission also suggested ensuring “robust and measurable requirements are used… for the governance of ICT jobs by uplifting functionality to users of challenge control boards”, and that TAFE NSW acquire strategic category ideas that include all ICT commit and denote which commit is sizeable.

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