Information about the NSW Department of Education and Communities' contracts is found on this page.
All contracts the department enters into with the private sector valued at more than $150,000 are required to be recorded in the register of government contracts, which is published on the Department of Education and Communities' section of the NSW eTendering website.
The details of each contract is required to be entered into the register within 45 working days of the contract coming into effect, and must remain on the register for 30 days or until the contract is complete, whichever is longer.
Class 3 contracts
The Government Information (Public Access) Act 2009 requires the publication of a copy of the contract document (minus commercial-in-confidence content) for all Class 3 contracts on the department's website.
A Class 3 contract has at least one of the following characteristics which makes it a Class 2 contract AND it is valued at $5m or more:
- 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, or
- 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, or
- the obligations of one or more parties under the contract to maintain or operate infrastructure or assets could continue for 10 years or more, or
- the contract involves a privately financed project as defined by guidelines published by the Treasury (as in force from time to time), or
- 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.
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