Penang gov't promises Full Disclosure Agreements

24 May 2017 / 09:02 H.

GEORGE TOWN: Future open tender contracts between private enterprises and the Penang state government will have a Full Disclosure Agreement (FDA) clause instead of a Non Disclosure Agreement (NDA) clause.
Chief Minister Lim Guan Eng said his administration was heading towards that direction for contracts by the state, its agencies or by local authorities.
"The new ones (contracts) would not be problem," he said in a press conference on the sideline of the State Legislative Assembly session this evening.
On contracts prior to the enforcement of the Freedom of Information Enactment 2012 in 2015, Lim said his government will be talking to and cajoling the contractors to drop the NDA clause so full disclosure was possible.
He said companies should have no worry as 99% of the contracts awarded by the state government was through open tender.
He said the remaining 1% was through direct negotiation but these were exemptions to "game changer" projects.
He nonetheless said the information of the 1% should also be disclosed and could be done once they have obtained all the relevant approvals.
He said full disclosure should not be a problem for the "big boys", citing Ali Baba as an example which could not make it big without being transparent.
"Once the licenses are approved, there should not be any issue," he added.
On those who may be recalcitrant or refuse on full disclosure, Lim said these companies should not be doing business in Penang.
"The government is asking you for a simple request, agree or do not sign.
"If you deal with us, we want FDA, if not don't sign," he said.

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