9.4.2  Government comment

(a)  Government (through the Project Director22) will have the right, within specified periods, to comment on the detailed design documentation (and the accompanying drawings and specifications) submitted by the private party to the extent that they are not consistent with the Design Requirements set out in the project agreement.  

(b)  The private party must amend the design documentation to the extent that it is not consistent with the Design Requirements and other requirements of the project agreement, or where government believes that the design documentation would affect the private party's ability to deliver the Contracted Services or government's ability to carry out its core services as intended / required. Where this is the case, government and the private party must confer (at their own cost) to address government's comments and agree necessary amendments.

(c)  Construction on the basis of the design documentation cannot occur until the specified period for comment by government has expired.

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22  See discussion in section 10.5.4 in Chapter 10 (Construction and Completion) as to whether an independent completion certifier will be appointed to monitor and assess design preparation.  In an accommodation project, where the private party is providing functional space from which government will deliver its core services, government needs to be confident of the suitability of the design.  Accordingly, the Project Director will monitor the design development on government's behalf.  In linear infrastructure projects, where demand risk is transferred to the private party and there is a less significant interface risk, there is more flexibility to allow for the appointment of an independent completion certifier.