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

TENDER & CONTRACT DISCLOSURE PM audit AUSFTA Motorways review FOI Act M Context

TENDER & CONTRACT DISCLOSURE 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 Coverage

TENDER & CONTRACT DISCLOSURE Disclose on 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 Major Changes from PM

TENDER & CONTRACT 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 Method of Disclosure

TENDER & CONTRACT DISCLOSURE 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 Disclosure Requirements

TENDER & CONTRACT DISCLOSURE Information in unsuccessful tenders Contractors 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 Confidential Information

TENDER & CONTRACT DISCLOSURE Guidelines at Chair of State Contracts Control Board on confidentiality Department of Commerce The Cabinet Office / NSW Treasury FOI Act Assistance