Stage 3: Final binding contract
About this stage
If a proposal is approved to move to Stage 3: Final binding contract the government will contract exclusively with the proponent without going through a competitive tendering process. At this stage, the government, through the project team, and the proponent will negotiate final terms and conditions. The government will:
- advise the proponent of the process and protocols for the development of the contract
- engage appropriate expert advisors (e.g. legal, financial and technical)
- advise the proponent of any elements for negotiation and agreement in preparation of the contract
- develop contract management arrangements, setting out how to monitor implementation and operational stages of the project and ensure contracted outcomes are achieved
- prepare a report for relevant minister/s advising the outcome of the assessment and seeking a decision on next steps.
In some circumstances the proponent may be responsible for preparing the final binding contract. In this instance the government will undertake a comprehensive assessment of the contractual documentation submitted by the proponent.