Appendix A Glossary of terms

Term

Meaning

BAFO

Best and final offer; as part of the RFP phase, this is a further short-listing process to determine a preferred bidder.

BOOT

Build, own, operate and transfer.

Business Case

The document that articulates the rationale for undertaking a project.

Competitive Neutrality

The competitive advantages that accrue to a government business by virtue of its public sector ownership.

Conflict of Interest (COI)

Arises where a member of a project team, or an advisor to a project team, has an affiliation or interest which might be seen to prejudice their impartiality.

Consortium

Those private sector persons who together intend to deliver a PPP.

Consortium Members

Those persons who make up a consortium.

Contract Summary

The document that is released to the public following financial close that sets out the key aspects of the project, including contract terms.

Core Services

For social infrastructure, those services for which governments have particular responsibilities to people using the service and the community (e.g. hospitals, schools, etc.).

For economic infrastructure, services included in this definition will be determined on a case-by-case basis.

D&C

Design and construct.

DBFM

Design, build, finance and maintain.

DBFO

Design, build, finance and operate.

DBOM

Design, build, operate and maintain.

DCM

Design, construct and maintain.

Debrief

The session usually held post financial close to discuss a bidder's performance.

Discount Rate

The rate used to calculate the present value of future cash flows.

See the Discount Rate Guidance for public private partnerships.

EOI

Expressions of interest for a project.

EOI Phase

The phase used to shortlist parties to proceed to the RFP phase who are capable of delivering the project.

EOI Respondents

The parties submitting a response to an Invitation for EOI issued by government for a project.

EOI Responses

The responses from the market to the invitation for EOI issued by government for a project.

ESD

Ecologically sustainable development.

Guidelines

These National PPP Guidelines.

Intellectual Property (IP)

Inventions, original designs and practical applications of good ideas protected by statute law through copyright, patents, registered designs, circuit layout rights and trademarks; also trade secrets, proprietary know-how and other confidential information protected against unlawful disclosure by common law and through additional contractual obligations, such as confidentiality agreements.

Interactive Tender Process

The process of interaction between short-listed bidders and key stakeholders during the RFP phase as outlined in the Practitioners' Guide.

Invitation for EOI

An invitation to the market to seek expressions of interest for a project.

Jurisdictional Requirements Document

The set of specific guidance applicable to individual jurisdictions that are to be read in conjunction with the Guidelines.

National Commercial Principles for Social Infrastructure and Economic Infrastructure

Those principles of the Guidelines that set out the considered position of government across jurisdictions in relation to risk allocations under a PPP. This is set out in National Commercial Principles for Social Infrastructure and the National Commercial Principles for Economic Infrastructure.

National Commercial Principles for Social Infrastructure Those principles of the Guidelines that set out the considered position of government across jurisdictions in relation to risk allocations under a PPP. This is set out in National Commercial Principles for Social Infrastructure.

National PPP Guidelines

The suite of guidance material that will form the national guidance on PPPs.

National PPP Policy Framework

The document that will detail the scope and application of the National PPP Guidelines across governments in all jurisdictions.

Negotiation and Completion Phase

The phase involving negotiations with the preferred bidder and finalisation and completion of contractual agreements.

NPC

Net present cost.

Output Specification

The document that defines the outputs and performance levels in relation to construction and services for the project, and incorporates those aspects as identified in the Practitioners' Guide.

PPP

A public private partnership.

Preferred Bidder

A short-listed bidder who has been selected following the RFP Evaluation phase as preferred and to proceed to the negotiation and competition phase.

Probity Practitioner

An independent expert retained to monitor the bidding process at critical stages, assessing and reporting whether the process has been conducted to the required standards of probity.

Procurement Options Analysis or Strategy

The document that outlines the rationale for adopting various procurement methods for a particular project.

Procuring Agency

The government body (department, agency, statutory body or GBE) that is responsible for delivering the project on behalf of government.

Project Director

The person with overall responsibility for delivery of the project and management of all members of the project team.

Project Steering Committee

The committee of departmental/agency representatives established by the Procuring Agency to direct the development of the PPP project and deal with key issues.

Project Team

The group of specialists and departmental/agency representatives, established by the Procuring Agency, that is responsible for assisting the Project Director to deliver the project (including developing project documentation and undertaking evaluation processes).

PSC

The Public Sector Comparator for a project, which is defined in the Guidelines as the hypothetical, risk-adjusted whole-of-life cost of a public sector project if delivered by government.

Raw PSC

The base cost to government of producing and delivering the reference project.

Reference Project

The basis for calculating the PSC, reflecting government delivery of the project by traditional means.

Relevant PPP Authority

The government department or agency responsible for the application of PPP policy within a jurisdiction (often treasuries).

Retained Risk

The value of those risks or parts of a risk that government bears under a PPP project.

RFP

A request for proposal issued by government for a project.

RFP 'Bid' Phase

The part of the RFP phase where short-listed bidders are preparing RFP responses.

RFP 'Development' Phase

The part of the RFP phase where government is preparing RFP documentation for release to short-listed bidders.

RFP 'Evaluation' Phase

The part of the RFP phase where government is evaluating RFP responses.

RFP Phase

The phase involving the release of the RFP to short-listed bidders for detailed, fully-costed and binding RFP responses, followed by evaluation and selection of the preferred bidder.

RFP Response

A proposal from a short-listed bidder in response to the RFP issued by government for a project.

Risk Allocation

The allocation of responsibility for dealing with the consequences of each risk to one of the parties to the contract; or alternatively, agreeing to deal with a particular risk through a specified mechanism which may involve sharing that risk.

Short-listed Bidder

Those parties who are invited to submit a proposal in response to an RFP issued by government for a project.

Special Purpose Vehicle (SPV)

In establishing a project consortium, the sponsor or sponsors typically establish the private party in the form of a special purpose vehicle (SPV) which contracts with government. The SPV is an entity created to act as the legal manifestation of a project consortium.

Tender Process

Includes each of the following phases:

EOI phase;

RFP phase; and

Negotiation and completion phase.

Traditional Procurement

The delivery of the infrastructure and associated services by government using its normal procurement processes.

Transferred Risk

The value of those risks (from government's perspective) that are likely to be allocated to the private party under a PPP project.

Whole-of-life

The integration of up-front design and construction with ongoing maintenance and refurbishment elements over the life of the asset under the PPP arrangement.