Ordina publishes findings investigation
27 Januar 2015 - 7:30AM
Nieuwegein, the Netherlands, 27 January 2015
- Extensive investigation completed
- One case with a clear indication of a possible
irregularity
- No indications of structural irregularities
- Several cases of inappropriate behaviour by a
limited number of people
- Cases relate to the period 2005-2010
- Integrity programme intensified, compliance
structure tightened
Ordina today publishes the
findings of the completed investigation into possible
irregularities in tender procedures and contracts in the public
sector. The findings of the investigation, which was conducted by
law firm De Brauw Blackstone Westbroek, describe eight cases. The
investigation covered some 1.5 million data items and around 65
interviews. The data items were released using the forensic IT
expertise of Fox-IT. The investigation also looked into the
corporate culture and client contacts within the Commerce
department to date. The investigation uncovered one case with a
clear indication of a possible irregularity. In addition, the
Management Board believes that there were a few instances of
inappropriate behaviour on the part of a limited number of people.
There were no indications of structural irregularities, nor
evidence of a practice of excessive relationship management, such
as expensive gifts or extravagant events. Nor are there any
indications of bribery or illegal agreements with
competitors.
General findings on the
cases
The findings of the investigation describe eight cases, six of
which were investigated as a result of questions from the Zembla
television programme, as previously outlined in our press release
of 9 October 2014. The investigation into the other two cases was
initiated as a result of additional signs of possible
irregularities which were uncovered in the course of the
investigation. The shareholder' circular contains detailed
information on the cases.
The Management Board regrets to note that an
indication of a possible irregularity has been found in one of the
cases, as well as a few instances of inappropriate behaviour on the
part of a limited number of people. By inappropriate behaviour, we
mean behaviour that is not in line with the corporate values and
standards of our company.
One possible
irregularity
- The case that involves a clear indication of a
possible irregularity concerns a framework agreement with the
Public Prosecutors' Office (PPO) from 2009. It appears that, after
Ordina was granted the provisional tender, an employee of the
client asked Ordina to amend the price on the bid. It seems that
the price of the bid was indeed amended and the framework agreement
was eventually closed on the basis of that new bid price. We have
since contacted the PPO about this case in its capacity as the
contracting party.
Other findings
- Four cases (three at the IND and one at the
Rotterdam city council) pertain to situations in which there were
contacts with clients during a tender procedure or in which
(confidential) information was or may have been divulged. The
investigation did not determine that these contacts or any sharing
of information were unlawful. A number of situations may raise some
questions and in some instances we believe there was some question
of inappropriate behaviour on the part of our (former)
employees.
- Another case, involving the IT company of the
court organisation ICTRO, revolves around the extension of a
framework agreement at the client's initiative. The question is
whether the agreement should have been extended in this
manner.
- In the other two cases (one at the Defence
Ministry and one at the PPO), there seems to have been no
irregularities but a regular sharing of
information.
The tender procedures and contracts cited pertain
to the period 2005-2010. Many of the employees involved, including
a number of freelancers, have left Ordina in recent years. We have
also parted ways with one employee who was still employed at
Ordina. The Management Board is considering disciplinary
measures against a limited number of individuals on the basis of
the findings of the recent investigation.
Informal
culture
Based on the findings of the investigation, Ordina has determined
that the culture within the Commerce department at that time was
characterised by an enterprising and informal atmosphere, with much
being left to the responsibility of individual employees. A small
number of people within the team that was responsible for public
sector clients formed a subgroup with its own language and
operating methods. For them, each potential contract was a top
priority. This subgroup presented information internally in ways
that sometimes made it seem more interesting than the content
probably warranted in order to sell potential contracts internally.
The language used could make the situation appear different from
the reality. This course of events was at the very least awkward,
unfortunate and in some cases inappropriate.
Ordina's compliance guidelines at the time offered insufficient
guidance, which in some cases resulted in inappropriate behaviour
in the contacts with clients and when it came to divulging
confidential information.
No structural
irregularities
Based on the findings of the investigation, Ordina concludes that
no indications were found of structural irregularities in public
sector tender procedures and contracts. The investigation did not
uncover evidence of a practice of excessive relationship
management, such as expensive gifts or extravagant events. Nor did
the investigation reveal any indications of bribery or illegal
agreements with competitors.
Integrity programme
The Management Board has taken measures specifically aimed at
tightening its existing policy and internal procedures relating to
integrity and control. The integrity programme comprises three key
components:
- tightened internal conduct guidelines in areas
such as the handling of confidential information, relationship
management and conflicts of interest;
- increasing awareness in the field of compliance,
integrity and transparency, through measures such as specific
training courses and Dilemma & Question sessions to create an
open culture through dialogue; and
- compliance as an integral part of working
processes, with for instance the 'four-eyes' principle in tenders
and offers, plus attention devoted to individual responsibility for
compliance with regulations and agreements.
Stepan Breedveld, CEO Ordina: "We believe in
Ordina as a company with integrity and condemn all forms of
inappropriate behaviour. We are aware that the findings have an
impact on our clients, employees and shareholders. All our
stakeholders should be able to trust us blindly. They rightly
expect us to abide by the highest standards when it comes to
judging appropriate and inappropriate behaviour. Our ambition is to
differentiate Ordina in a positive sense in terms of integrity,
compliance and transparency. Our integrity programme plays a
crucial role in this context."
[1]An
extensive shareholder circular with the findings of Ordina's
Management Board on the basis of the investigation conducted by De
Brauw Blackstone Westbroek is available on Ordina's website.
# # #
ABOUT
ORDINA
Ordina is the largest independent IT services provider in the
Benelux, with more than 2,900 employees. We design, build and
maintain IT solutions for organisations in the public sector, in
financial services, industry and the healthcare sector. We aim to
design IT solutions that help people, IT that matters and that is
produced without wasting precious resources. We do this by forging
Partnerships in Sustainable Innovation with our
clients.
Ordina was founded in 1973. The company's shares have been listed
on the NYSE Euronext Amsterdam since 1987 and are included in the
Small cap Index (AScX). In 2013, Ordina recorded turnover of EUR
377 million. For more information visit the company's website at
www.ordina.com.
For more
information:
Media:
Jeroen Hellenberg, Director Communications
Tel: +31(0)306638557
jeroen.hellenberg@ordina.nl
www.ordina.com
Ordina publishes findings
investigation
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Source: Ordina via Globenewswire
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