Effective date: 30 December 2018
Objective: To establish greater transparency for the market about government procurement outcomes.
Agencies must publish the contract resulting from a procurement for works or construction services with a value greater than $100,000 (inclusive of GST) on the using the applicable form, along with key details of each contract.
Agencies must also disclose variations to contracts on the record of disclosure.
This guidance describes the scope of contracts subject to disclosure, the information to be disclosed and the circumstances when certain information may be withheld from publication.
Contract disclosure requirements
- key details for contracts for works or construction services with a total estimated value equal to or exceeding $100,000 (inclusive of GST)
- full contract information for contracts for works or construction services with an estimated value exceeding $10 million (inclusive of GST)
Other Agencies must disclose:
- the key details for contracts for works or construction services with a total estimated value equal to or exceeding $100,000 (inclusive of GST)
Required disclosure period
The contract information must be disclosed within 60 days of the award of a contract.
Validating information before disclosure
Agencies need to ensure that contract information for public disclosure is:
- meaningful (provides sufficient information)
- does not breach legislative or other requirements
The Agency should confirm that it holds the rights to publish the intellectual property of any contractual document which is subject to disclosure before it is disclosed on the contracts website.
Contracts that are subject to disclosure
Contracts and standing offer arrangements covered by the disclosure requirement are those for goods, works and construction services. The types of contracts that are subject to disclosure are:
- contracts under seal (also known as deeds)
- simple contracts (can be oral, written, or a combination of both)
Contractual documents that satisfy the above elements and are valued at $100,000 or greater (inclusive of GST) are considered to be contracts subject to disclosure. These include, for example, contracts concluded by an offer and letters of acceptance and formal (written) contracts.
Standing offer arrangements, whether or not constituted by contracts under seal (deeds), are subject to disclosure. Where contracts are made under standing offer arrangements, those contracts are also subject to disclosure and must be published.
Contracts subject to disclosure include:
- contracts for goods or materials
- contracts for construction services
- contracts for works (including buildings, infrastructure and demolition)
- contracts that establish standing offer arrangements and supplier panel arrangements
- contracts made under standing offer arrangements or supplier panel arrangements, such as:
- purchase orders issued under a standing offer arrangement
- purchase orders issued under state purchase contracts and sole entity purchase contracts where the services relate to public construction
- contracts entered into with suppliers listed on pre-qualification registers
It is not necessary to disclose contracts for works or construction services that are awarded following a limited tender process that was conducted under the 'for protection of essential security interests’.
Information to be disclosed - key details of contracts
Information to be disclosed - contracts subject to full disclosure
- where the estimated value of the contract exceeds $10 million (inclusive of GST)
- where applies
- subject to grounds to withhold certain information from disclosure
- plans or drawings
- where an Agency does not hold the right to publish a contract document
Disclosing contract variations
Variations that typically occur throughout the contract period involve:
- adding planned but not specified works or services
- applying contingencies for Agency variations to the scope of works or services
- addressing errors and omissions in the design or documentation
- addressing staged or periodic extensions to contracts
Variations may affect the contract value, scope, duration or other elements of the contract, or a combination of these.
Agencies must update the contract disclosure record if variations or amendments are made to a contract for works or construction services. Variations or amendments to contracts must be disclosed on the contract record to which the variation relates.
Variations to contracts must be disclosed, at the latest, when:
- for contracts for works (when the works are substantially complete at practical completion) - the contract reaches practical completion
- for contracts for works (when there are ancillary works outstanding at practical completion) - the contract reaches practical completion for those works completed up to practical completion, with additional variation disclosures, as needed, as the ancillary works are completed
- for contracts for construction services – the contract ends
Where a variation to a contract is subject to an unresolved claim at practical completion, disclose the variation subject to the claim as an additional variation disclosure when the claim is settled.
Amendments to contracts that follow from taking up options under the contract must be disclosed within 30 days of exercising the option.
First release - 1/07/2018
Revision 1 - 30/12/2018
Disclosing contract variations:
- In the paragraph ‘Variations to contracts must be disclosed, at the latest’, clarify when to disclose contract variations when there are ancillary works outstanding at practical completion.
- Following the paragraph ‘Variations to contracts must be disclosed, at the latest’, insert new paragraph that clarifies when to disclose a variation to a contract that is subject to an unresolved claim at practical completion.
Tools and support
Reviewed 24 February 2020