(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" )--
(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,
(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,
(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,
(d) the
contract involves a privately financed project as defined by guidelines
published by the Treasury (as in force from time to time),
(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.
(2) The additional information required to be entered in the register for
class 2 contracts is as follows--
(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,
(b) particulars of future
transfers of significant assets to the contractor, including the date of their
proposed transfer,
(c) the results of any cost-benefit analysis of the
contract conducted by the agency,
(d) the components and quantum of the
public sector comparator if used,
(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),
(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,
(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,
(h) particulars
of any other key elements of the contract.
