9.3.3  Concept design

The private party assumes all risks arising out of the concept design including that it will not be fit for its intended purposes and that the project works will cost more than anticipated.

Both the government and private party acknowledge that the design development process may result in changes to the concept design. The private party may not make any such changes without following a contractually prescribed process to do so. This process (subject to the determination of the independent verifier) may give the private party the flexibility to change the concept design where the change still meets the government's minimum requirements and does not negatively impact the functional performance of the facility.