Details of the successful contractor are generally made public, according to public sector reporting requirements and organisational protocols.80 In some circumstances, for example, following a high-profile procurement process, the Government may wish to publicly announce the award of a contract. Any public announcement of a contract award should not be made until the successful completion of all contract negotiations, a contract has been signed by both parties and all unsuccessful tenderers have been notified. The public announcement of the award of a contract prior to at least these steps being completed has the potential to undermine the acquiring entity's negotiation position and its legal rights. In exceptional circumstances, where a decision is made that an announcement prior to contract signature is necessary, the announcement should indicate that the award of the contract remains subject to the negotiation of final terms and conditions satisfactory to the acquiring entity. | Details of the successful contractor are generally made public, according to public sector reporting requirements and organisational protocols. |
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80 All FMA Act agencies and relevant CAC Act bodies are required to publicise details of contracts and agency agreements, including panel and standing offer arrangements, valued at or over the reporting threshold ($10 000 for FMA Act agencies and $400,000, or $9 million for procurement of construction services for relevant CAC Act bodies) on AusTender, within six weeks of entering into the agreement. Some entities are also required to include details of certain types of contracts awarded in their Annual Reports and to make available through their internet site, a list of all contracts to the value of $100,000 or more entered into or not fully performed during the previous 12 months. Reporting requirements are summarised further in Appendix 1.1 of this Guide.