Using a well-drafted request document in a procurement process
is paramount to conducting a sound process. The request document
should provide proponents with the information required to lodge a
value for money submission and should also provide the requesting
agency with the rights necessary to deal with a range of
circumstances that may arise during the process. Anyone who has
experience in procurement processes will know that situations
beyond what could have reasonably been contemplated when the
process started can (and do) arise during the process.
This is demonstrated by the circumstances that led to the
decision in Karimbla Properties (No 50) Pty Ltd v State of New
South Wales & Anor [2015] NSWSC 778. UrbanGrowth NSW, a
state-owned corporation, conducted the expression of interest phase
of a process for the sale of land (stage one). UrbanGrowth had
resolved to begin stage two of the process and that it would invite
Karimbla (a company forming part of the
