Background

1 The Project Owner intends to [insert description of Project] (Project).

2 The Project Owner issued the Request for Proposal.

3 The Proponent and others have submitted a Proposal in response to the Request for Proposal.

4 The Proponent has been selected by the Project Owner to participate in the AD Phase in accordance with this Agreement and the Request for Proposal.

5 The Other Proponent has also been selected to participate in the AD Phase in accordance with its Alliance Development Agreement and the Request for Proposal.

Guidance Note: This Agreement has been prepared on the basis that the Project Owner will enter into the Agreement with two or more Proponents selected under the Request for Proposal. This reflects the competitive selection process described in the Practitioner's Guide to Alliance Contracting.

However, it is recognised that the Project Owner may determine that a different approach to selection is required to satisfy the Project Owner's VFM Statement and the specific circumstances of the Project. Where the Project Owner determines that only one Proponent will be selected to enter into the Agreement, it will be appropriate to delete or modify a number of clauses. For example, the Project Owner will need to review and modify (as appropriate), the following provisions: clause 2 (Purpose and scope of AD Phase), clause 8 (Information Barriers), clause 9 (Provision of information by Project Owner), and clause 11 (Selection of Successful Proponent). The Project Owner would also need to delete any references to the "Other Proponent" and tailor the Agreement accordingly.