The Responsible Agency, in consultation with NSW Treasury, may conduct early bidder interactions during the EOI phase where this may help inform the RFP information and requirements. For example, this may be the case for very complex projects where output specification could lead to highly varied design or engineering solutions or poorly formed bids, where the service scope is very broad, or there are complex commercial risk allocation issues (for example, utilities risk on light rail projects).
It is paramount that the Responsible Agency is clear in the RFP about the level of acceptable, and/or limitations on, innovations with respect to design, engineering, and service solutions. The output specification must reflect NSW Government's key priorities and any mandatory minimum requirements.
The Responsible Agency should be cognisant of the probity framework in these interactions.
The Interactive Tender Process during the RFP phase is outlined in section 6.5.3 of these Guidelines.