Market Sounding, Tendering, Contestability and Contracting

Australia has experienced enormous growth in the private health sector over the past 20 years, with some leading Australian private providers playing a major role in overseas markets. This growth has resulted in a range of different offerings, including new models, some enabled through new technology.

O’Connell has provided commercial advice to both the public system and private providers on contracts for a wide range of corporate and clinical services. Our team has operational experience in successfully bidding for and then managing contracts for the provision of high quality clinical services to public patients by private providers.

For the public sector, we have previously been engaged to:

  • Develop market contestability strategies
  • Lead market soundings
  • Develop procurement strategies
  • Prepare Public Sector Comparator (PSC) and Health Sector Comparators (HSC) in accordance with NSW Treasury guidelines
  • Manage and support EOI/RFI & RFT/RFP processes (including the preparation of appropriate documentation)
  • Act as the financial advisor to significant procurements. This role has included the financial evaluation of competing private sector bids and the comparison of private sector bids to the Public Sector Comparator and Health Sector Comparators
  • Lead the direct negotiation of the final price and commercial terms of service contracts
  • Assist with the ongoing oversight and management of a significant service contract as an independent advisor.

We have assisted private providers bid for corporate and clinical services and Public Private Partnerships (PPPs). This advice has included modelling of the service to determine the appropriate pricing and preparation of the tender documentation.