Obligations on the private party if the government party elects to re-tender the services

If the government party elects to re-tender the contract services at the end of the contract term, the incumbent service provider is obliged to ensure that the services continue with minimum disruption and risk to both government employees and public users.

In the event of a re-tender the private party's obligations will include providing: 

•  performance reports; 

•  operations manuals; 

•  asset registers; 

•  maintenance records; and 

•  details of current legal documents (including variations, subcontracts, leases).

The project manager or contract director must understand the contractual rights with regard to the re-tendering obligations of the incumbent service provider. Understanding these provisions enables the project manager/ contract director to plan and allocate adequate time and resources to ensure the State is able to access the required data, without disrupting the activities undertaken by the incumbent service provider.

The government party also requires adequate resources and time to analyse the data and develop a better understanding of the operational capability of the infrastructure, operating practices and performance of the incumbent service provider. This understanding will enable the government party to develop better future service requirements or to run a more efficient tender process. Understanding this information will enable the contract director or project manager to:

•  develop a thorough understanding of the existing or base service provision;

•  develop a better appreciation of the impact of any proposed changes or modifications to the current service arrangements that might be considered; 

•  provide potential bidders basic information required to bid; and

•  develop a benchmark to assess bids against the current or base service provision.

Again, the contract director or project manager must allocate adequate time and resources to collect and effectively use this data as part of the end of service arrangements plan. 

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