Direct market dealings policy

Mandatory pre-submission meeting

Follow these steps to request a pre-submission meeting:

1. Read and understand the direct market dealings policy PDF (794.5 KB).
2. Complete the pre-submission meeting request form PDF (744.7 KB) (or prepare a slide deck containing equivalent information).
3. Send your pre-submission meeting request form (or slide deck) to direct.dealings@nt.gov.au.

There is no fee to submit a proposal, however as a proponent, you are expected to cover your own costs as the proposal progresses through the process stages.

Stage 1. Initial proposal

Proposals may be submitted electronically by email to direct.dealings@nt.gov.au.

In addition to the electronic copy, a hard copy may also be sent to:

DTF Commercial Team
Department of Treasury and Finance
Northern Territory Government
GPO Box 1974
Darwin, NT 0801

Copy to: direct.dealings@nt.gov.au.

Stage 2. Investment case

If we wish to progress your proposal to stage 2, you will be required to enter into a participation agreement.

This agreement will establish our respective roles, responsibilities and obligations during stage 2.

For more information about the participation agreement and stage 2, refer to the direct market dealings policy PDF (794.5 KB).

Cost sharing

The process for any potential sharing of costs incurred during stage 2 will be agreed through the participation agreement. Cost sharing will be decided by government on a case-by-case basis.

We evaluate proposals using the following assessment criteria:

• proponent capability and capacity
• alignment with NT Government priorities
• justification for exclusive dealing
• scope, project feasibility and budget impact
• net public benefit
• risk allocation.

The following may be considered when assessing proposals against each criterion.

Proponent capability and capacity

Our intention is to partner with proponents who have the experience, proven technical expertise and demonstrated financial capacity to deliver the proposal within the nominated timeframe.

Factors we may consider include:

• examples of previous projects delivered
• proponent’s access to sufficient resources to deliver on the proposal
• reliance on third-party expertise, financing and resources
• existing business profile and commercial strategy.

Alignment with government priorities

The NT Government has limited resources. In considering each proposal, we must ensure the use of these resources aligns with our commitments and priorities.

Factors we may consider include:

• proposal addresses a clear service or other need within the government’s scope of responsibility
• proposal supports the government’s stated priorities.

The following links provide more information on the NT Government’s policy and budget priorities:

• Rebuilding the economy: Northern Territory economic strategy 2025
• Restoring the Territory lifestyle strategy 2025
• media releases in the Northern Territory Government newsroom
• agency media releases
• agency websites
• the Australia’s Northern Territory website
• the Territory Coordinator’s website
• the Parliamentary Record
• by directly engaging with agencies.

Justification for exclusive dealing

While the NT Government's standard approach is to procure goods and services or make government assets available through an open and competitive process, the direct market dealings policy provides a clear and practical framework for the private sector and investment community to contract directly with us on commercial proposals that deliver genuine public value.

We recognise that there are circumstances where it is pragmatic and responsible to consider direct engagement to maximise the strategic, economic and operational benefits of a proposal.

While not all of the factors below need to be met or addressed, they indicate the range of points that may provide sufficient justification for exclusive dealing with the NT Government:

• the proposal has attributes that, when taken together, demonstrate an ability to deliver a required combination of scope, budget, risk allocation and time to complete that cannot be matched by the market
• the proponent holds a distinctive position or advantage, or ownership of strategic assets that significantly improves the commercial viability of the proposal or outcomes to the NT Government, including:
  • rights under an existing contract
  • real property
  • ownership of land, technology or software
  • genuine existing intellectual property or proprietary data, without which the proposal cannot be implemented
  • exclusive access to or control over strategic assets
• the proposal incorporates genuinely innovative ideas, intellectual property or other proprietary data
• the proposal incorporates unique contractual arrangements or commercial solutions
• the proponent is the only party that can readily deliver the proposed outcomes
• how competition will be incorporated into the proposal through downstream tendering
• the proposal truly justifies exclusive dealing rather than seeking a first mover advantage
• the proposed outcomes could not be achieved through a standard competitive process outside the policy process within acceptable timeframes.

Scope, project feasibility and budget impact

We seek proposals with a well-defined scope, a genuine commercial proposition and that are affordable in the context of competing budget priorities.

Factors we may consider include:

• the financial, legal, regulatory, technical, environmental, social and practical feasibility of the proposal
• requested level of NT Government resourcing, including funding or other support
• government budget constraints and if proposal requires the government to re‑prioritise and re-allocate funding
• for infrastructure proposals:
  • viability of the commercial transaction under which the project would be built and maintained (including whether there would be sufficient market interest in the transaction)
• if delivery of the proposal depends on factors outside the proponent or NT Government’s control (for example, Commonwealth funding or decisions)
• a realistic timeframe to deliver the proposal and public benefits
• conditions precedent to be met for the proposal to be executed are reasonable and reasonably able to be achieved
• the pronent’s proposed return on investment is proportionate to the risks and industry standards

• bankability of the project’s construction (either through public sources or raising private capital)

• the extent the proposal is financially sustainable over the long term (either on its own through a revenue stream or public source of funding)

Net public benefit

We seek proposals for which public benefit (including economic, social and environmental outcomes) will exceed costs associated with government’s support of the proposal.

A proposal could demonstrate value by yielding an economic benefit, such as a revenue stream or payment to the NT Government. However, non-economic benefits are valued and could include:

• improving a community’s access to public services
• providing commuters with a new road or transport option
• developing a solution to improve movement of people and goods
• improving accessibility
• enhancing infrastructure used by first responders and emergency personnel to keep Territorians safe
• expanding access to broadband or mobile phone services
• unlocking the economic potential of a region or sector where growth is limited by the absence of infrastructure
• addressing capacity needs in the energy sector
• increasing the supply of housing

Factors we may consider include:

• how the proposal will directly and indirectly benefit the Territory (including any innovative elements)
• benefits and costs for impacted stakeholders
• whole-of-life net economic benefits and costs to the Territory
• whether the proposal is superior to other options to achieve the same benefits
• our opportunity costs in supporting this proposal.

Risk allocation

Value for money for Territorians means achieving an efficient allocation of risks between the government and proponent.

In assessing your proposal against this criterion, your proposed risk allocation will be considered and measured according to the risk allocation described in the NT Government’s standard contract terms and conditions.

Mandatory pre-submission meeting

The pre-submission meeting request form PDF (744.7 KB) (or an equivalent slide deck) requires basic information about your proposal to guide discussion at the mandatory pre-submission meeting. The form requests only:

• contact details and identifying information
• proposal title
• high-level summary of the proposal
• summary of nature and level of support the proposal requires from government
• brief description of aspects of the proposal that merit exclusive dealing with government
• details of any prior consultation with government agencies or representatives
• overview of your previous experience delivering or operating similar projects
• outline of your financial capacity to deliver the proposal.

Stage 1. Initial proposal

Your initial proposal should build on preliminary information provided in the pre‑submission meeting request form and supporting materials, and be further refined following the pre-submission meeting, incorporating feedback from that session.

The level of information provided in the initial proposal may be indicative (high-level) in nature but must be sufficient to enable assessment against the assessment criteria. You may be asked to provide additional information to support assessment of your initial proposal.

Your initial proposal should include:

Proponent capability and capacity

• Examples of previous projects delivered.
• Details of your existing portfolio of projects and explanation of how you would manage this new proposal among other commitments.
• A list of key experienced and skilled personnel who you will rely on to undertake and deliver the project.

Alignment with government priorities

• A clear description of which service or need within the Territory government’s scope of responsibility, the proposal addresses.
• How the proposal will deliver on one or more of government’s stated priorities.

Justification for exclusive dealing

• Outline circumstances that justify exclusive dealing with the NT Government including relevant factors described in the assessment criteria guidance.

Scope, project feasibility and budget impact

• Detailed description of the proposal reflecting its concept-level development.
• Clear particulars of resourcing, financial or other support being sought from government.
• High-level overview of legal, regulatory, technical and social matters relevant to practically implementing the proposal.
• A high-level timeframe for project delivery.
• Summary financial model, noting key assumptions used.

Net public benefit

• Quantitative details and timeframe of public benefits arising from the proposal.

Risk allocation

• List of risks proposed to be responsibility of government and its agencies, those of the proponent and those to be shared.
• Summary of key risks proposed to be responsibility of or shared with the proponent and how these risks are to be managed.

Other

• Details of previous consideration of this proposal by government, if applicable.
• Any other information that will assist us in evaluating your proposal against assessment criteria.

Stage 2. Investment case

The aim of stage 2 is to further develop and assess your proposal to support an investment decision between you and the NT Government. The level of information required will be comprehensive and outlined in the participation agreement.

This framework is not suitable for proposals that demonstrate the exclusionary factors set out in the direct market dealings policy and therefore are unlikely to be progressed.

Proposals demonstrating exclusionary factors may be suitable for an alternative pathway such as:

• procurement processes, go to the Quotations and Tenders Online wesbite.
• loans, go to the Australia's Northern Territory website
• grants, scholarships and other forms of support, on the Northern Territory Government website.
• investment opportunities and support for investment, on the Australia's Northern Territory website
• discussing infrastructure coordination plans and Territory development area plans, go to the Office of the Territory Coordinator website.

You are also encouraged to consult NT Government agencies on the Northern Territory Government website or through direct engagement for information on alternative programs or initiatives that may be better aligned with your needs.

This section provides information on enquiries received and proposals progressed under the policy. Information is disclosed in accordance with the policy’s requirements and supports visibility of activity while maintaining integrity of the assessment process and protecting commercially sensitive information.

Enquiries received

At 29 April 2026, 15 enquiries were received in 2025-26.

Stage 1. Proposals received

All documents and information proponents provide as part of the direct market dealings policy will be treated as commercial-in-confidence and managed in accordance with the Information Act 2002 (NT). Your documents will be stored securely and used only for the purpose of assessing and progressing your proposal.

Information contained within your proposal will not be disclosed except where required by law (for example, to respond to freedom of information requests, to meet audit or reporting obligations, in court or tribunal proceedings, or investigations under the Ombudsman Act 2009 (NT)) and only to the extent necessary.

Where disclosure is required, we will take all reasonable steps to protect sensitive details. Statutory exemptions to protect sensitive information are applied on a case-by-case basis, but outcomes are determined by law and not at our absolute discretion. To assist us to understand what information is sensitive to you, we encourage you to:

• clearly mark documents as “commercial-in-confidence” when you submit them, and
• identify the parts of your proposal that contain trade secrets, financial details, or commercially sensitive material

The NT Government first introduced a formal pathway for market-led private sector proposals in 2012. It was updated and replaced with the market led proposals policy framework in 2018 and revised again in 2021.

In June 2025 DTF engaged BDO Australia to review the policy. The review consulted across government to identify challenges and opportunities for improvement, sought feedback from the project and investment community, and engaged with government counterparts across Australia and New Zealand with comparative policy experience.

The resulting direct market dealings policy, launched in October 2025 is designed to support high-quality proposals that offer a genuine commercial proposition to drive infrastructure and services to address the Territory’s needs and government priorities.

Key differences between the direct market dealings policy and its predecessor include:

• removal of the required minimum $10 million value hurdle
• increased emphasis on opportunities for proponents to receive feedback early in the process (pre-submission and stage 1) before significant costs are incurred
• recognising the proponent bears most of the risk and cost in pre-submission and stage 1, but with a successful stage 1 assessment, both the proponent and government will be expected to commit resources to progress the proposal
• greater clarity for proponents around proposals likely to be unsuitable for the policy (exclusionary factors)
• templates to assist proponents