Justifying exclusive negotiation
Demonstrating the characteristics of a proposal and a proponent's significant competitive advantage is fundamental. A proposal merely having merit or a proponent's ability to implement an idea quickly are not sufficient. Proponents need to demonstrate that the idea can only be delivered by the proponent itself or, if the proposal can be delivered through an alternative process, what would be gained by Government so as to justify not conducting an alternative process.
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Value for money
Proponents need to demonstrate how the proposal clearly defines the benefits, risks and contingencies associated with the proposal and that the costs to Government are reasonable and evidence based. It is also important for proponents to establish that pursuing exclusive negotiations with the proponent provides better value for money than a competitive tender or Government delivering the proposal itself.
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Preparation
By continuing the requirement for compulsory, formal pre-submission meetings, the Government is providing an opportunity for proponents to develop an in-depth understanding of the assessment process and what is required for a proposal to be successful. Given the early stages can be extensive and the proponent bears the cost and risk until at least Stage 2, this benefits proponents by helping to ensure both that their resources are expended in a targeted manner and that proposals are more likely to progress.
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Protection of confidential information and intellectual property
There will usually be some level of commercial sensitivity in any innovative idea put forward under the Guideline. The Guideline includes various mechanisms to ameliorate proponents' concerns about sharing their ideas with Government, including clear guidance around when and what information will be made available to the community about the proposal. Further, should an agreement not progress at Stage 2 or 3, the proponent will be entitled to negotiate compensation for, and treatment of, intellectual property rights.
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Timing
As the Government will be assessing whether any given proposal is consistent with its current policy objectives and priorities, proponents need to time the submission of their proposal as best they can to accord with the objectives and priorities of the day, bearing in mind state government electoral cycles.
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