For an unsolicited proposal to be considered by government in exclusivity, government needs to be satisfied that:
∙ a proposal addressing the same or similar need is not already being considered by government; and
∙ there are no competing proposals addressing the same or similar need already under active and advanced consideration by any other private sector party (this will be deemed to have been satisfied if no further private sector proposals are submitted on an unsolicited basis within a reasonable period (in the opinion of government) following the receipt of the original unsolicited proposal) or
∙ if either of the above conditions are not satisfied, the private sector party satisfies government that it enjoys such demonstrable commercial advantage over other potential proponents that calling for expressions of interest could not be reasonably expected to generate a better value for money outcome.
Government reserves the right to subject an unsolicited proposal to the processes outlined in the previous sections of this framework, or not proceed at all, should the proposal fail to meet the above criteria to government's satisfaction.