Being on the receiving end of proposals from external parties interested in working with your agency on a range of ideas, without a proposal or interest directly sought by the agency through a formal procurement process can be challenging. The NSW Department of Premier and Cabinet (DPC) defines these approaches as Unsolicited Proposals (USPs) – “an approach to Government from a proponent with a proposal to deal directly with the Government over a commercial proposition, where the Government has not requested the proposal”.
To help you and your team handle these unsolicited requests, OCM and MinterEllison partnered to bring together a panel of experts with experience across a range of USPs to help navigate the details, including using the DPC Guidelines to work through how to determine if an approach is a USP, and assess it appropriately. We also looked at some of the complexities associated with the uniqueness test, one of the key criteria for the assessment of a USP, as well as ensuring there is an appropriate governance structure in place for the assessment, determination and management of USPs.
The webinar dived deep on:
- critical aspects agencies should be mindful of when embarking on a market led proposal
- what the uniqueness test is, and how it is applied
- the key probity and governance risks to watch for
- how to go about establishing a robust framework
- what can potentially go wrong and how to avoid going down that path
And finally, when it comes to unsolicited proposals the panel shared their views on when agencies may like to seek guidance from a central agency rather than managing the unsolicited proposal internally, as a sole sourced arrangement.
You can watch the webinar recording here Passcode: m!7cmg8J