Where direct negotiation is being proposed, the agency must fully demonstrate to the BCC the reasons for, and net benefits of, not undertaking a competitive tender process.
The proposal must meet the conditions contained in Section 2 of these Guidelines. The agency must have completed the necessary planning (outlined in Sections 2.2 and 3.4 of these Guidelines) to specifically demonstrate that the project is consistent with its CISP or asset strategy. The agency also must have thoroughly researched the proposal and have independent evaluations confirming all of the following:
• Only the proponent, because it owns real property, intellectual property, or some other unique element, can deliver the proposal’s essential outcomes
• Direct negotiation would preserve considerable benefits for the agency, the Government and the community
• That direct negotiations would provide better value for money than a competitive tender process
• That the proponent has the expertise, experience and financial capacity to successfully deliver the project
• The monetary value of any intellectual property.
Where direct negotiation is approved by the BCC, a public statement will be issued outlining the reasons for adopting this approach. The proponent will then be asked to provide a detailed proposal for assessment consistent with the elements of Table 3.1.