Want to sell your idea to Government? An unsolicited proposal could be your answer

9 April 2014

Unsolicited proposals are a means by which the private sector can propose new ideas to the State to deliver capital requirements outside normal procurement processes. Governments generally procure projects, goods and services of any size by direct tendering through a competitive process. However, another approach is through an unsolicited proposal, initiated by the private sector.

Allowing private sector firms to propose new projects, even if a proposal has not been requested can drive innovation and can improve service delivery.

With the exception of Western Australia and Tasmania, each State and Territory now has its own guidelines on how proposals can be put to Government. Several governments also have websites that provide template documents to assist organisations prepare an unsolicited proposal.

A key feature of the guidelines is that, if certain criteria are met, the Government (at its discretion) may enter into direct negotiations with an individual or organisation and conduct an assessment of the proposal without a tender process.

Western Australia and Tasmania have not yet adopted specific guidelines. For these states, private sector proponents should use the National Public Private Partnership Policy and Guidelines, which provide general guidance on unsolicited proposals.

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The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.


Andrew Chew

Partner. Sydney
+61 2 9210 6607


Robert Clarke

Partner. Melbourne
+61 3 9672 3215