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Disclosure of Tender and Contract Information. Context Coverage Key requirements. Stephen Chong Principal Advisor Asset Management and Procurement 28 February 2007. TENDER & CONTRACT DISCLOSURE. Context. PM2000-11 audit AUSFTA Motorways review FOI Act M2007-01.

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Disclosure of tender and contract information

Disclosure of Tender and Contract Information

Context

Coverage

Key requirements

Stephen Chong

Principal Advisor

Asset Management and Procurement

28 February 2007


Tender contract disclosure
TENDER & CONTRACT DISCLOSURE

Context

  • PM2000-11 audit

  • AUSFTA

  • Motorways review

  • FOI Act

  • M2007-01


Tender contract disclosure1
TENDER & CONTRACT DISCLOSURE

Coverage

  • Applies to all agencies, other than SOCs and SARD (for industry support contracts)

  • Covers public tenders and all contracts (as defined) with the private sector, including: infrastructure, construction, property, goods, services, ICT, leases, disposal

  • 3 classes of contract disclosure

  • Effective: - 1 January 2007 for new contracts

    - 31 March 2007 for new tenders


Tender contract disclosure2
TENDER & CONTRACT DISCLOSURE

Major Changes from PM2000-11

  • Disclose on https://tenders.nsw.gov.au

  • Public tender information to be disclosed

  • Contract disclosure threshold $150,000

  • Contract information to be disclosed within 60 days

  • Complete contract to be released for certain types

  • Information not routinely disclosed can be requested

  • Amendments and material variations to be disclosed

  • Confidential information consistent with FOI Act matters


Tender contract disclosure3
TENDER & CONTRACT DISCLOSURE

Method of Disclosure

  • Must be posted on the government eTendering website

  • Nominated tender information is posted until contract is awarded or decision is made not to award a contract

  • Nominated contract information remains posted for 30 days and until all work under the contract is completed

  • Agencies are to include advice on disclosure requirements in tender documents


Tender contract disclosure4
TENDER & CONTRACT DISCLOSURE

Disclosure Requirements

  • Public Tenders / EOIs / etc:

    • Concise description, response dates, location of documents, at time advertised

    • Details of respondents, within 7 days of tender close

  • Multi-stage tender:

    • Details of short-listed entities, unless this compromises competitiveness, within 7 days of entities being advised

  • Contracts $150K or above:

    • Scheduled items, within 60 days of contract becoming effective

  • All contracts: Any scheduled items or full contract, if requested


Tender contract disclosure5
TENDER & CONTRACT DISCLOSURE

Confidential Information

  • Information in unsuccessful tenders

  • Contractor’s commercial information eg: financing arrangements, cost structure/profit margin, IP

  • Information which may affect public safety or security

  • Information an agency may also withhold under FOI Act

    Disagreements on confidentiality matters can be referred to

    Chairman of the State Contracts Control Board


Tender contract disclosure6
TENDER & CONTRACT DISCLOSURE

Assistance

  • Guidelines at https://tenders.nsw.gov.au

  • Chair of State Contracts Control Board on confidentiality

  • Department of Commerce

  • The Cabinet Office / NSW Treasury

  • FOI Act


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