5.3.2  Fairness and equity of tender processes

Changes to the scope of the project both prior to and after the signing of the project agreement were reviewed to determine if there were any material impacts on the output requirements set out in the project brief put to market.

Some changes were made to the project's scope in terms of functional design, and contract terms between issuing of the project brief and signing of the project agreement. There have also been some agreed design modifications made subsequent to the signing of the project agreement. This situation is common to projects of this size and nature.

The changes to the scope of the project have not materially impacted on the output requirements in the project brief put to market in 2006. DHS advised that all minimum design features, facility requirements and contract terms agreed at the time of the project agreement have been met. Any changes agreed subsequently have been approved by the steering committee and reflect improvements or enhancements on these minimum design features. We sighted the modifications register and reviewed the descriptions of all changes made.

The changes made prior to, and since execution of the project agreement, have been minor and have not materially impacted on the output requirements encapsulated in the project brief put to market.

The project agreement permits the parties to amend or vary the project agreement provided that such amendment or variation is made in writing executed by both parties. There have been no deeds of variation to the project agreement since its execution in November 2007.