Unsolicited Proposals

Application Form

This form must be completed by organisations / consortiums when initially presenting an unsolicited proposal to the Department for Environment and Water (DEW), prior to any “Pre-Lodgement” meetings.

Instructions:

  1. Read the “Information for Proponents” form, available at: www.environment.sa.gov.au/unsolicitedproposals
  2. Read the “Unsolicited Proposal Terms and Conditions” in Appendix 1 of this document
  3. Complete all shaded fields below
  4. Complete and sign the “Acknowledgement” at the end of this form
  5. Include a list of any supporting attachments to be included with this application
  6. Email the completed application form and supporting attachments to:
  7. Retain copies for your records

A DEW officer will acknowledge receipt of your application within two business days. If you do not receive an acknowledgment, or for any other queries please contact the DEW Unsolicited Proposals Secretariat at: or by phone: (08) 8204 1218.

Short Title of Proposal: / Click here to enter text. /
Organisation / Consortium Name: / Click here to enter text. /
Address: / Click here to enter text. /
Identity (eg individual, sole trader, company etc): / Click here to enter text. /
Type of Organisation / Consortium (eg profit, educational etc): / Click here to enter text. /
Date of Submission: / Click here to enter text. /
Contact details (for evaluation purposes)
Name: / Click here to enter text. /
Position: / Click here to enter text. /
Organisation: / Click here to enter text. /
Phone: / Click here to enter text. / Email: / Click here to enter text. /
Abstract (high level summary, approximately 200 words)
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Proposal Overview(delete all instructions in the fields below prior to submission)
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Briefly describe the:
  1. Objectives of the proposal (what is the proponent seeking to achieve?)
  2. Method of approach (how will the proponent achieve this?)
  3. Nature and extent of anticipated outcomes (what are the benefits to the proponent, other entities, the community etc?)
  4. Benefits the proposal will bring to the State (what are the benefits to Government?)
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Assessment Criteria
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Please provide a brief explanation of how the proposal would meet each of the following assessment criteria:
  1. Competing Proposals
If the proponent is aware of any existing proposals or procurement processes currently under consideration by the Government or under active and advanced consideration by another proponent, then the proponent should clearly demonstrate that their proposal has a distinct advantage over any other similar proposal.
  1. Community Need / Government Priority
The unsolicited proposal must promote economic, social and/or environmental outcomes for the South Australian community and be consistent with the achievement of the Government’s strategic priorities.
Provide information regarding the benefits of the proposal in terms of:
  • additional economic activity and jobs
  • meeting unmet community needs
  • how it assists with the achievement of the Government’s strategic priorities.
  1. Uniqueness of the proposal
Provide information as to how the proposal has unique characteristics which could support the Government’s decision to provide an exclusive mandate, for example:
  • Can this proposal be readily delivered by competitors? If so, what advantage is to be gained from the government granting an exclusive mandate to deal with the proponent?
  • Are there intellectual property rights, without which the proposal could not proceed to implementation (e.g. software or technology)?
  • Does the proponent have ownership of strategic assets such as contractual rights or real property that would place it in a unique position to deliver the aims of the proposal, and which other parties could not deliver?
  • Are there unique financial arrangements that support the delivery of the project?
  • Does the proponent have a unique ability to deliver outcomes which support the achievement of the Government’s strategic priorities?
  • Does the proponent’s proposal have other demonstrably unique elements or innovative ideas that are not able to be delivered by another party?
  1. Value for money
Provide information on:
  • how the proposal is priced relative to comparable projects
  • the sharing of costs and risks between the Government and the proponent
  • the benefits to South Australians of the proposal.
  1. Organisational Capacity and Capability
Provide a brief description of:
  • your organisation/consortium
  • previous experience in delivery of similar project
  • past performance operating a similar project
  • relevant commercial and trading history, financial capacity and prior dealing with Government
  • skills, experience and competencies required to deliver the project
  • how the proposal will meet applicable commercial and industry standards
  • any reliance on third parties.

Financial and commercial details
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Please provide a brief description of the financial and commercial details of the proposal and the proponent’s financial capacity to deliver the proposal. Clearly explain what the proposed commercial proposition is. Include how the proponent will fund or support the proposal.
Costs and requirements of government
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Please provide details of costs to Government.
Clearly explain any requirements of Government emerging from the proposal. Is the proponent seeking financial support from Government? If yes, why an unsolicited proposal and not a grants program?
What else is the proponent asking Government to do to deliver the proposal? This may include legislative/regulatory amendments, finance or the use of Government assets, facilities, equipment, materials, personnel, resources and land. What would be the cost of Government providing this? For example, what would be the value of the government land?
Risks
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Please provide a list of proponent and Government risks.
What are the risks to the proponent? What are the risks for Government? Consider reputational, financial, physical, social, environmental, community, administration and implementation risks.
Intellectual Property details
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If applicable, please provide a description of the following:
  1. Inventory of each item of intellectual property
  2. Nature of the intellectual property claimed (eg. copyright, patent, etc.)
  3. The owner(s) of the intellectual property claimed
  4. Registration details (where applicable)
  5. Details of any items for which confidentiality is wholly or partly claimed,
For example, this may include the proponent’s business idea, designs, equipment, manufacturing, software or programs developed for this proposal. /
Other Statements
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Please detail any other important information, for example, are there any perceived or actual organisational conflicts of interest? Any potential environmental impacts /
Preferred Contractual Arrangements
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Are you purchasing or asking for a lease? Will there be an ongoing relationship with government or is this a once-off transaction?. /
Agency Points of Contact
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If applicable, please provide names and contact information of any other agency and Government points of contact already contacted regarding this proposal. /
Period of time for which the proposal is valid: / Click here to enter text. / Proposed duration of arrangement: / Click here to enter text.
List of Attachments(optional list of supporting documents such as maps, concept plans or explanatory documents)
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ACKNOWLEDGEMENT

I, the undersigned, confirm that I am a representative of the proponent and am authorised to contractually bind the proponent. I have read and understood the Terms and Conditions in Appendix 1 of this Application Form.

Name: / Click here to enter text. / Position: / Click here to enter text. /
Representative’s Organisation: / Click here to enter text. /
Proponent: / Click here to enter text. /
Short Title of Proposal: / Click here to enter text. /
Signature: / Date: / Click here to enter text. /

Note: This acknowledgement can be printed as a single page, signed, scanned and emailed back with the completed electronic form

Appendix 1 – Unsolicited Proposal Terms and Conditions

No approval /
  • No approval of an unsolicited proposal is implied by the receipt of an unsolicited proposal bid by DEW / Government or at any time throughout the assessment or negotiation process.
  • All proposals are subject to DEW / Government approval processes and may be subject to legislative requirements and/or approval by the Minister or Cabinet.
  • DEW / Government maintains absolute discretion to directly negotiate with a party lodging an unsolicited proposal (proponent).
  • DEW / Government reserves the right to withdraw its interest or offer on notice at any stage of the process.

Communications, community engagement and media /
  • If relevant or required, proponents must develop a communications or community engagement plan consistent with the nature of the unsolicited proposal.
  • Proponents should consult with the DEW Case Manager for the proposal and seek approval prior to conducting community engagements or media announcements.
  • Proponents should seek prior approval of any media materials and not make media releases or respond to media enquiries about the proposal without DEW’s prior written approval.

No lobbying /
  • Lobbying about the unsolicited proposal by proponents (or associates) is prohibited at all times.

Information Sharing /
  • Proponents commit to the open sharing of information required for DEW / Government to properly assess the proposal.

Proponent Primary Contact /
  • If there is more than one party to a proposal, proponents must nominate a primary contact person to communicate with the Case Manager.
  • The Case Manager will not discuss the unsolicited proposal with any other person or any consultants engaged by the proponent.

Intellectual Property /
  • While all reasonable steps will be taken to protect the intellectual property of the proponent, the proponent should be mindful that it participates in the unsolicited bids assessment processes as set out in the “Information for Proponents” document at its own risk.
  • DEW/Government reserves the right to disclose some or all of the contents of the submission to any consultant or advisor as part of consideration of the proposal or as a consequence of questions raised in Parliament or if required by law.
  • By lodging an unsolicited proposal, proponents license the state to reproduce, for the purpose of the assessment process, the whole or any portion of the proposal despite any copyright or intellectual property right that may exist in the proposal.

Freedom of Information /
  • The Freedom of Information Act 1991 (FOI Act) applies to information provided by a proponent. Proponents should note that the FOI Act allows members of the public rights of access to documents of the State and any State participants.
  • All or part of the information provided by Proponents may be disclosed to third parties if there is a requirement to do so under the FOI Act. Any information that is commercially sensitive or confidential should be marked “commercial and confidential”. This must not be used unless genuinely applicable. Marking information “commercial and confidential” may not necessarily prevent disclosure of the information in accordance with the FOI Act. Any decision to release will be determined by the requirements of the FOI Act.
  • Proponents will not be entitled to make any claim in relation to any actions taken in relation to or under the FOI Act.

Conflicts of Interest /
  • Proponents must inform DEW of any circumstances or relationships that do or could constitute an actual, potential or perceived conflict of interest and if any conflicts are declared or arise how the proponent will manage the conflict/s.

No Legal Relationship / By lodging an unsolicited proposal you acknowledge that:
  • No contract exists or is implied between proponents and DEW (or the State) until contracts are fully executed and approved; and
  • DEW (or the State) has no contractual or other legal obligation to proponents with respect to the consideration, evaluation, acceptance or rejection of proposals or the failure to consider, evaluate or accept proposals.

Change in information or circumstance /
  • Proponents must inform DEW promptly in writing of any material change to any information lodged with or about your proposal and any material change in circumstance that may affect the truth, completeness or accuracy of the information provided in or in connection with proposal (including any change in proponent capability or capacity to deliver proposals).

Fees and Charges /
  • Proponents will not be charged fees to lodge an unsolicited proposal or have it assessed by DEW. However, if the proposal results in a transaction that would incur a regulated fee or charge, these will be applicable at the time of the relevant transaction, for example lease application and preparation regulated fees.
  • DEW can assist with the identification of fees and charges, however it is ultimately the proponent’s responsibility to be aware of and account for any regulatory fees and charges that may apply.

Costs /
  • All risk and costs of preparing, lodging, developing and negotiating proposals are the sole responsibility of proponents.
  • No proponent will have any recourse against DEW and the State in relation to a decision not to proceed with a proposal.

Reliance on Information /
  • By lodging a proposal, the proponent warrants and represents to DEW and the State that the information contained in its proposal is true, accurate and complete as at the date of lodgement and may be relied upon by DEW and the State in its assessment.

Other Rights / DEW reserves the right, in its sole and absolute discretion, at any time during the process to:
  • Require additional information from a proponent;
  • Perform security and/or financial checks and procedures in relation to each proponent and each party with an interest in the proponent;
  • Change its requirements, including, at any stage, adding to or amending the information, terms, procedures, evaluation process and protocols set out in this document;
  • Change the basis on which proponents may, or are required to, participate in the process;
  • Publish the names of proponents;
  • Clarify any aspect of a proposal;
  • Discontinue negotiations at any time with any proponent;
  • Subsequently initiate any other procurement process for the same or similar requirements;
  • Seek the advice of external consultants to assist DEW in the evaluation or review of responses;
  • Make enquiries of any person, company, organisation or consortium to ascertain information about the proposal, the proponent and any matter related to the response;
  • Revert to public sector delivery of the project; or
  • Allow a proponent to change its submission.

Acceptance of a Proposal /
  • DEW is not obliged to accept any proposal.
  • No acceptance of a response nor any invitation to negotiate or to make an offer will be effective to constitute a contract or to create any legitimate expectation on the part of the proponent unless a formal written contract is executed by both parties.

No Contract or Estoppel /
  • No contracts, contractual rights, estoppels or expectations, express or implied, shall arise, or be deemed to arise, out of the assessment processes as set out in the “Information for Proponents” document.