To assess whether the procurement was conducted in line with relevant policy and guidance, we considered whether:
• the procurement approach complied with procurement requirements and guidelines for PPPs and any other relevant procurement guidance
• any post-tender project scope changes or proposed contractual terms did not materially impact on the tender put to market (i.e. ensuring all tenderers were given fair/equal opportunity to tender)
• the contract allocates risk between the parties in line with the Partnerships Victoria policy and protects the State's interests (such as through professional indemnity, dispute resolution and abatement/liquidated damages clauses)
• probity was enforced and maintained through all key procurement stages, including structured negotiations
• prior to awarding the contract, the State reviewed the conduct of the procurement process and prepared a report which showed that:
• probity and other relevant government procurement requirements were met
• appropriate records are maintained.