Market-led Proposals Process

The MLP Policy continues to provide a path for businesses to present unique proposals to government.

A recent update includes more clarity on the process followed in the evaluation of Problem and Opportunity Statement processes. 

The current MLP Policy is effective from May 2023.

It is important that you read the MLP Policy, MLP Supplementary Guidelines, MLP Terms and Conditions and Stage 1 Concept Proposal Template. 

These documents outline the:

• end-to-end process
• level of information required at each stage
• responsibilities, communication protocols, obligations and disclosures
• criteria your proposal will be assessed against
• procurement characteristics and how an appropriate procurement method is determined.

The following steps outline key stages of the process and will assist in submitting your proposal:

Compulsory pre-submission meeting

Before lodging a proposal, proponents must attend a meeting with the MLP Secretariat. It will include members from the MLP Secretariat, and potentially relevant government agencies and government trading enterprises.

Prior to the meeting, proponents should complete the Pre-Submission Meeting Request Form. This will provide the MLP Secretariat with a high-level overview of your proposal.

This meeting will be used to:

• outline your proposed concept and discuss the MLP process
• consider if a proposal is likely to be within the scope of the MLP Policy and have a reasonable prospect of meeting the evaluation criteria
• determine if your proposal is ready to lodge.

To arrange your confidential meeting, please fill out the Pre-Submission Meeting Request Form and the MLP Secretariat will contact you to arrange a pre-submission meeting.

Stage 1: Concept Proposal

When completing the Concept Proposal template, your proposal must provide a level of detail that matches the complexity of your submission and a brief description on how it will meet each of the following evaluation criteria:

1. Strategic alignment – Aligns with government policy objectives and priorities. For example, aligned to the Government's priorities and/or other government strategies/plans and/or is in response to a published opportunity and is not specifically excluded from consideration by Government at this time
2. Public Interest - Has significant social, environmental, economic or financial benefits for Western Australians
3. Value for Money - Represents value for money for Western Australians and is affordable in the context of State Budget priorities
4. Is feasible and capable of being delivered – The proponent has the financial and technical capacity, capability, and experience to deliver the outcome successfully
5. Risk – Proposal must demonstrate that risks to government (including financial, reputational and/or security) are acceptable and that there is an appropriate allocation of risk between the proponent and government.

After a Concept Proposal is received, the proposal will undergo an initial scope and priorities assessment. If these aspects are satisfied, then a lead agency is identified and the proposal will be considered against the evaluation criteria and an appropriate procurement pathway is determined. 

A recommendation will be made to government, and at this point proponents will be advised of the outcome and whether they are invited to Stage 2. We aim to advise you of the outcome within 75 business days of submitting your proposal. If there are delays from either party, we will communicate the anticipated timing with you.

For guidance on completing the Stage 1 Concept Proposal template or to determine whether your proposal is likely to meet the evaluation criteria, please email the MLP Secretariat.

Stage 2: Business case and detailed terms evaluation

By this stage an assessment will have determined the procurement pathway for Stage 2, considering whether the proposal justifies exclusive negotiation and First Mover Advantage characteristics.  

If the proposal does not meet the characteristics to justify exclusive negotiation in Stage 1, a First Mover Advantage process (Swiss Challenge/Bid Premium) may be undertaken. 

If exclusive negotiations are confirmed, proponents will be invited to develop their proposal into a detailed business case, in consultation with the lead agency, for evaluation by government.

Where a proposal is endorsed to progress to a final binding offer, this is where outstanding issues are negotiated with a view to entering a binding agreement.

Best endeavours will be made to advise on the outcomes of Stage 2 within 125 business days of lodging the Stage 2 proposal. Where this timeframe cannot be met, timely updates will be provided.
 

We recognise the confidential nature of MLP proposals and will treat them in accordance with the MLP Policy, Terms and Conditions, and public disclosure and accountability obligations. Only staff administering the MLP Policy or involved in the assessment of a specific proposal will have access to your information.

While all reasonable steps will be taken to protect your intellectual property, you should be mindful that participating in the MLP process is at your own risk.

Public disclosure

Managing the balance of confidentiality for proponents and public interest is paramount to the success of the MLP Policy. A summary of each MLP invited to Stage 2, and the outcome of the evaluation process at the end of Stage 2, will be publicly disclosed on this webpage.

Where appropriate, any other relevant disclosures in the public interest will be considered by the MLP Secretariat, which will make its best endeavours to consult with the proponent prior to disclosing any information.

The MLP Secretariat maintains a register of all MLPs. Data may be disclosed in an aggregated, non-identifying form.

Cabinet reporting

Cabinet will receive regular high-level reporting from the MLP Steering Committee on the status of each proposal.

MLP Steering Committee

The MLP Steering Committee oversees the MLP Policy and provides recommendations to Cabinet. The Committee comprises of Directors General, and Chief Executive Officers of the following agencies and statutory authorities:

• Department of Planning, Lands and Heritage (Chairperson)
• Department of the Premier and Cabinet
• Department of Treasury
• Department of Finance
• Department of Jobs, Tourism, Science and Innovation
• Department of Primary Industries and Regional Development
• Western Australian Planning Commission Chairman (for all planning and land related MLPs)
• Lead Agency for the proposal (for Centrally-led processes)
• Other key agencies as determined by the Committee.

The Committee may establish subcommittees to manage high risk or complex MLPs.