11.2.2 Performance bond during the operating term
(a) In considering the appropriate type and structure of any operating term bond, government may take into account a range of factors, including:
(i) the value for money implications of requiring a bond;
(ii) the level of overall security provided by the private party to support its operational obligations;
(iii) the commercial incentive of the private party to meet its obligations; and
(iv) other project specific requirements.
(b) Following consideration of the factors described above, government may seek one or more of the following:
(i) an up-front operating term bond directly from the private party;
(ii) an ability to increase the amount of the up-front operating bond as a result of repeated or severe breach;
(iii) where no bond is required at project commencement, the right to require that such bond be provided at any time during the operating term where a repeated or severe breach occurs; and
(iv) a requirement that the private party procure a performance bond or parent company guarantee in respect of the operating sub-contractor's obligations (on similar terms to the construction sub-contractor performance bond).