BuildWell provided false information

The whistleblowing report alleges that BuildWell provided false information in its bid about its experience.  The investigator could examine the following matters.

• Identify the significant disclosures made by BuildWell in its bid submission.
• Request evidence from BuildWell to support such disclosures.
• Verify the accuracy of BuildWell’s evidence as far as possible and reasonable.
• Was any identified false disclosure likely to benefit BuildWell in its bid?

To the extent that any disclosure by BuildWell is identified to be significantly false, does the evidence suggest that the disclosure was:

• accidently false with no corrupt intent (a genuine and innocent mistake:  Buildwell honestly believed that the information was true)
• recklessly false with corrupt intent (BuildWell was not sure whether or not the information was correct, did not bother to check its accuracy, and knew that the information could play a role in the bid evaluation)
• deliberately false with corrupt intent (BuildWell knew that the information was incorrect, and intended the information to play a role in the bid evaluation).

Either reckless or deliberate act by Buildwell should be sufficient for a finding of fraud by Buildwell.  Buildwell is likely to claim that it made an honest mistake, so it is likely to be necessary to infer corrupt intent; i.e. that in the circumstances, Buildwell must have known that the information could be or was incorrect.  If no effort at all was made by Buildwell to check the accuracy of important bid information, then that is likely to at least constitute reckless conduct.