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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. Context. PM2000-11 audit AUSFTA Motorways review FOI Act M2007-01.

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Disclosure of Tender and Contract Information

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  1. Disclosure of Tender and Contract Information Context Coverage Key requirements Stephen Chong Principal Advisor Asset Management and Procurement 28 February 2007

  2. TENDER & CONTRACT DISCLOSURE Context • PM2000-11 audit • AUSFTA • Motorways review • FOI Act • M2007-01

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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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