• History of the project and its characteristics including a statement as to the nature of the relationship(s) between the Government and other parties created by the contract(s). (For example, “The NSW Government is seeking to ….; Party A can provide….; Party B wishes to finance… Party C is prepared to underwrite…)
• The full identify of the private party and its sponsors, including details of cross ownership of relevant companies.
• A list of the contract(s).
• A statement of the nature and purpose of the contract(s), including a general description of the parties’ obligations (description of project to be completed or goods/services to be provided or property to be transferred).
• A general statement as to the nature of material which has been excluded on the basis that it is subject to obligations of confidentiality or is ‘commercial in confidence’ 27
• The results of cost-benefit analyses
• The results of the Public Sector Comparator compared with the successful private sector proposal
• The significant evaluation criteria and the weightings used in tender assessment, including that for the Public Sector Comparator
• The risk sharing in the construction and operational phases of the project, quantified in net present value terms (where possible) and specifying the major assumptions involved
• Activities of the State and contractor during the construction period; who is responsible for environmental, heritage, site risks, etc; staging and payment arrangements; site access, responsibility for completion and commissioning, etc.
• A statement of the actual liabilities of the Crown; a statement of any indemnities and/or guarantees given by the Crown)
• A summary of the public interest evaluation
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27 See the Ministerial Memorandum 2000-11 and the Freedom of Information Amendment (Open Government— Disclosure of Contracts) Bill 2006 for the list of items that qualify as ‘Confidential Information’.