Occasionally the private sector and/or individuals may approach Council directly with specific proposals for it to consider. These proposals are deemed ‘unsolicited’ because Council has not publicly sought expressions of interest from the public in respect of the proposal. Where a such a proposal is of sufficient merit and uniqueness, it may result in a direct negotiation process in lieu of an open or selective process.
In the interests of good governance and transparency for these unsolicited proposals Council will deal with them within a framework consisting of:
Proponents should consult these documents in the first instance before approaching Council to ascertain whether their proposal merits being dealt with as an ‘Unsolicited Proposal’.
The Guiding Principles for dealing with and assessing unsolicited proposals will be to Optimise Outcomes and the Uniqueness of the proposal.
- Optimise Outcomes
Proposals will be considered in light of the wider benefits and strategic outcomes that may be derived. In order to proceed however, proposals must be broadly consistent with Council objectives and plans and offer some attributes that would justify departing from a competitive tender process.
For unsolicited proposals to progress through the assessment process they must illustrate uniqueness in respect of both the proposal and the Proponent. The essential elements of uniqueness to be addressed in any Unsolicited Proposal are:
- Can this proposal be readily delivered by competitors? If so what, if any, justification would the Council have to the public for not seeking best value through a competitive tender process? What benefit(s) would the Council gain?
- Does the Proponent own something that would limit Council from contracting with other parties if Council went to tender? This would include intellectual property, real property and other unique assets.
- Are there other attributes which may not necessarily stand alone as unique but, when combined, create a ‘unique’ proposal? This may include genuinely innovative ideas, including financial arrangements or solutions that are otherwise unlikely to be defined and put to market (e.g. alternatives to providing a Council service or substantive processes, products or methods for delivering a service that is not offered by other service providers and constitute a significant departure from traditional service delivery).
If Council decides to progress an unsolicited proposal it should not be interpreted as any form of explicit or tacit support for the required planning approvals. All proposals will still be required to meet the required approvals as set out in the relevant legislation.
For further enquiries contact Manager Governance & Legal on 9725 0226 or email: email@example.com.