NSWIn ForceAct
Government Information (Public Access) Act 2009
30Additional information for class 2 contracts
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#### 30 Additional information for class 2 contracts
30 Additional information for class 2 contracts
> > (1) Additional information is required to be entered in the government contracts register for class 1 contracts to which any of the following paragraphs applies (class 2 contracts)—
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> > > (a) there has not been a tender process, the proposed contract has not been made publicly available and the terms and conditions of the contract have been negotiated directly with the contractor,
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> > > (b) the proposed contract (whether or not made publicly available) has been the subject of a tendering process and the terms and conditions of the contract have been substantially negotiated with the successful tenderer,
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> > > (c) the obligations of one or more parties under the contract to maintain or operate infrastructure or assets could continue for 10 years or more,
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> > > (d) the contract involves a privately financed project as defined by guidelines published by the Treasury (as in force from time to time),
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> > > (e) the contract involves a transfer of a significant asset of the agency concerned to another party to the contract in exchange for the transfer of an asset to the agency.
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> > (2) The additional information required to be entered in the register for class 2 contracts is as follows—
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> > > (a) particulars of future transfers of significant assets to the State at zero, or nominal, cost to the State, including the date of their proposed transfer,
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> > > (b) particulars of future transfers of significant assets to the contractor, including the date of their proposed transfer,
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> > > (c) the results of any cost-benefit analysis of the contract conducted by the agency,
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> > > (d) the components and quantum of the public sector comparator if used,
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> > > (e) if relevant, a summary of information used in the contractor’s full base case financial model (for example, the pricing formula for tolls or usage charges),
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> > > (f) if relevant, particulars of how risk, during the construction and operational phases of a contract to undertake a specific project (such as construction, infrastructure or property development), is to be apportioned between the parties, quantified (where practicable) in net present-value terms and specifying the major assumptions involved,
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> > > (g) particulars as to any significant guarantees or undertakings between the parties, including any guarantees or undertakings with respect to loan agreements entered into or proposed to be entered into,
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> > > (h) particulars of any other key elements of the contract.