5.  Direct negotiations

Where direct negotiation is used for any proposal, the agency must demonstrate to the BCC the reasons and net benefits of not running a competitive tender process.

The proposal must meet the conditions contained in Section Two of the WWG Guidelines. The agency must have completed the necessary planning to specifically demonstrate the project is consistent with its capital investment strategic plan or asset strategy. The agency 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 another unique element, can deliver the proposal's essential outcomes;

•  direct negotiation would preserve considerable benefits for the agency, the Government and the community;

•  direct negotiations would provide better value for money than a competitive tender process;

•  the proponent has the expertise, experience and financial capacity to successfully deliver the project; and

•  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 have to provide a detailed proposal for assessment consistent with the elements of Table One below.