M2007-01 PUBLIC DISCLOSURE OF INFORMATION ARISING FROM NSW GOVERNMENT TENDERS AND CONTRACTS

This Memorandum introduces revised guidelines to provide NSW government agencies with a practical model to determine what, how and when specific information arising from government tenders and contracts (including project deeds and other forms of agreements) with the private sector should be publicly disclosed and what information should remain confidential.

The purpose of the guidelines is to:

• set out the requirements for disclosing tender information;

• describe the new contract disclosure obligations in section 15A of the Freedom of Information Act 1989 (FOI Act); and

• outline how requests for contract information, over and above that which is required to be disclosed under section 15A of the FOI Act, should be dealt with by agencies.

The guidelines are designed to provide greater consistency and transparency in government contracting. The guidelines apply to a wide range of contracts between the Government and the private sector including contracts relating to construction, infrastructure, property development, property transfers, goods and services, information technology, and leases. They apply irrespective of the method of tendering or negotiation, and include contracts awarded to suppliers from established standing offer panels and contracts for privately financed projects.

The requirements of these guidelines are to be implemented by all agencies including Government Trading Enterprises but excluding State Owned Corporations and Department of State and Regional Development contracts which involve industry support.

Under section 15A of the FOI Act and these guidelines, agencies must place the tender and contract information which is required to be routinely disclosed on the government tendering website https://tenders.nsw.gov.au, in addition to any other location agencies choose to use.

The contract disclosure requirements contained in section 15A of the FOI Act apply to contracts entered into by an agency on or after the commencement of those provisions on 1 January 2007. The requirements of these guidelines, which set out the additional contract information required to be disclosed on request, apply to contracts entered into by an agency on or after the date of this Memorandum. Prior contracts remain subject to Premier's Memorandum No. 2000-11 which is superseded by this Memorandum.

For disclosure of tender information (involving tender call details, details of respondents, and details of shortlisted entities in multi-stage tender processes), agencies are to be fully compliant by 31 March 2007.

An information kit with guidance on implementing the FOI Act provisions and these guidelines is available on https://tenders.nsw.gov.au/guidelines/. Agencies need to refer to this information kit without delay to achieve the above compliance timeframes.

State Owned Corporations are encouraged to give consideration to voluntarily adopting the guidelines.

Morris Iemma
Premier