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There will be a routine maintenance outage of the NSW eTendering system between 5:15pm and 7:15pm on 16th July 2020.

Wynyard Place Delivery Agreement - 79686

Contract Award Notice ID 79686
Publish Date 22-Aug-2016
Category (based on UNSPSC)
95000000 - Land and Buildings and Structures and Thoroughfares
Agency Transport NSW - Corporate
Particulars of the goods or services to be provided under this contract

The private developer, Brookfield has made an unsolicited proposal to the NSW Government to build and maintain in perpetuity a new transit hall at Wynyard Station. The transit hall will continue to be owned by Railcorp. Brookfield will receive stratum air rights that will enable the construction of an office tower and retail lots above and adjoining the transit hall. The office tower and retail lots will be owned in freehold by Brookfield. 

Contract Duration 20-Jun-2016 to 25-Sep-2020

Contract Award Notice Details

Contractor Name Brookfield Office Properties One Carrington Developer Pty Ltd and associated companies.
ACN 169154830
ABN 72 169 154 830
Is an Aboriginal or Torres Strait Islander owned business No
Street Address Level 22, 135 King Street
Town/City SYDNEY
State/Territory NSW
Postcode 2000

Other private sector entities involved in, with an interest in or benefiting from this contract

It is proposed that Brookfield Multiplex Constructions will be appointed by Brookfield Office Properties One Carrington Developer Pty Ltd

Estimated amount payable to the contractor (including GST)

$78,000,000.00 (A project to be undertaken)

Any provisions for payment to the contractor for operational or maintenance services

Not Applicable

Method of Tendering


Description of any provision under which the amount payable to the contractor may be varied

Not Applicable

Description of any provisions under which the contract may be renegotiated

Not Applicable

Summary of the criteria against which the various tenders were assessed

Evaluation Criteria Weighting
  1. The Unsolicited Proposal process and guidelines is managed by the Dept of Premier and Cabinet. Brookfield lodged an unsolicited proposal in June 2013 to build a new transit hall at Wynyard Station which Brookfield will maintain and repair for TfNSW in perpetuity.
  2. The USP process has 3 stages of approval. Approval to proceed to each stage is given by the NSW Cabinet.
  3. Brookfield concluded Stage 3 with the submission of Final Binding Offer on 17 March 2016.
  4. The FBO was considered by Cabinet in May 2016.
  5. The acceptance of the FBO was publicly announced by Premier Baird on 1 June 2016.
  6. The Delivery Agreement between the parties was executed on 20 June 2016.
Contract Contains Agency 'PiggyBack' Clause


Industrial Relations Details for this Contract
Name of Sub-contractors (incl. ABN & ACN)

Not Applicable

Applicable Industrial Instruments

Not Applicable

Location of Work

Wynyard Station

NSW Industrial Relations inspectors routinely audit the employment records of contractors and sub-contractors to all NSW Government contracts. The results of these inspections are published on the NSW Industrial Relations website.

Agency Contact Kiki Athanassopoulos

Street Address 18 Lee Street


State/Territory NSW

Postcode 2008


Phone Number 02 8202 2327

Particulars of future transfers of assets to the State, at zero or nominal cost to the State, including the date of their transfer

Surrender of Wynyard Lane Public carpark lease area back to RailCorp

Particulars of future transfers of assets to the contractor including the date of their transfer

Air Stratum above future transit hall

The results of any cost-benefit analysis of the contract conducted by the agency

Recommendation to Cabinet to approve the Final Binding Offer of the Unsolicited Proposal

The components and quantum of the public sector comparator if used

Not Applicable

If relevant, a summary of information used in the contractor's full base case financial model (for example, the pricing formula for tolls or usage charges)

Value for money to government of the unsolicited proposal was considered as part of the approval

If relevant, particulars of how risk, during the construction and operational phases of a contract to undertake a specific project (such as construction, infrastructure or property development), is to be apportioned between the parties, quantified (where practicable) in net present-value terms and specifying the major assumptions involved

The risk of construction delivery, and TfNSW's step-in rights is detailed in the Delivery Agreement between the parties.

Particulars as to any significant guarantees or undertakings between the parties, including any guarantees or undertakings with respect to loan agreements entered into or proposed to be entered into

Brookfield is to provide security of $78 million for construction delivery of the transit hall.

Particulars of any other key elements of the contract

Not Applicable

A web site address which provides direct access to the complete contract less confidential information
Has the contract or any provisions within it been withheld from this disclosure under the exemptions provisions of the GIPA Act Section 32? (YES or NO)
If yes to the above, what are the reasons why the contract, or provisions therein, have not been provided?

Not Applicable

If yes to the above, is it intended that the contract or those provisions be published at a later date, and if so, when?

Not Applicable

If yes to the above, when some but not all provisions of the contract have been published, a general description of the types of provisions that have not been provided

Not Applicable