Subcontract prices The disclosure of this information discloses the information because: for which security contractor's cost structure or profit margins the redacted information sets out the subcontract of payment and would place the contractor at a substantial prices for which security of payment provisions provisions are commercial disadvantage in relation to are required; required potential contractors. (clause 2.2(e)(i)). exposing the redacted information would reveal Section 32(1)(d), item 4(b), (c) and (d) of the the apportionment of risks assumed by the table in section 14 Contractor in relation to subcontracts and The disclosure of this information could reveal therefore the level of risk that the Contractor was commercial-in-confidence provisions of a prepared to price and accept; government contract, diminish the competitive revealing the redacted information would place commercial value of information to a person the Contractor at a substantial commercial and prejudice a person's legitimate business disadvantage in projects of a similar nature. This and commercial interests. is also expected to prejudice the Contractor's There is an overriding public interest against legitimate business, commercial or financial disclosure. interests; and the public interest has been served by revealing the existence of an approval mechanism for Subcontracts over a certain amount and the requirement for Security of Payment provisions in certain subcontracts. In light of this disclosure there is an overriding public interest against the disclosure of the precise dollar amount. Review: This information would be reviewed for disclosure as events and circumstances change. Section 32(1)(a), paragraphs (b) and (e) of The information TfNSW weighed the competing public interest Schedule A1 the definition of "commercial-in-confidence redacted is a dollar considerations and determined that there was an (Contract provisions" at clause 1 of Schedule 4 amount. overriding public interest against disclosure of this Particulars) – information because: The disclosure of this information discloses the Subcontractors
Subcontract prices for which security of payment provisions are required (clause 2.2(e)(i)). The disclosure of this information discloses the contractor's cost structure or profit margins and would place the contractor at a substantial commercial disadvantage in relation to potential contractors. Section 32(1)(d), item 4(b), (c) and (d) of the table in section 14 The disclosure of this information could reveal commercial-in-confidence provisions of a government contract, diminish the competitive commercial value of information to a person and prejudice a person's legitimate business and commercial interests. There is an overriding public interest against disclosure. information because: the redacted information sets out the subcontract prices for which security of payment provisions are required; exposing the redacted information would reveal the apportionment of risks assumed by the Contractor in relation to subcontracts and therefore the level of risk that the Contractor was prepared to price and accept; revealing the redacted information would place the Contractor at a substantial commercial disadvantage in projects of a similar nature. This is also expected to prejudice the Contractor's legitimate business, commercial or financial interests; and the public interest has been served by revealing the existence of an approval mechanism for Subcontracts over a certain amount and the requirement for Security of Payment provisions in certain subcontracts. In light of this disclosure there is an overriding public interest against the disclosure of the precise dollar amount. Review: This information would be reviewed for disclosure as events and circumstances change. Schedule A1 (Contract Particulars) – Subcontractors The information redacted is a dollar amount. Section 32(1)(a), paragraphs (b) and (e) of the definition of "commercial-in-confidence provisions" at clause 1 of Schedule 4 The disclosure of this information discloses the TfNSW weighed the competing public interest considerations and determined that there was an overriding public interest against disclosure of this information because:
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