Glossary

Term

Meaning

AD Payment Amount

means the amount of $[insert] (exclusive of GST) which is the Proponent's maximum entitlement to payment for submitting the Project Proposal and performing the services required under the Alliance Development Agreement.

Alliance

the alliance formed under the Project Alliance Agreement to deliver the Project.

Alliance Charter

the alliance charter (including the Alliance Principles, alliance purpose and alliance objectives) set out in Schedule 2 of the draft Project Alliance Agreement.

Alliance Development Agreement (ADA)

the alliance development agreement for the Project entered into between the Project Owner and the Non-Owner Participants under which the Project Proposal is to be developed for approval (or otherwise) of the Project Owner.

Alliance Development Phase (AD Phase)

the Phase of the procurement process for the Project as described in this RFP under which the Non-Owner Participants develop the Project Proposal for the approval (or otherwise) of the Project Owner in accordance with the terms of the Alliance Development Agreement.

AD Phase Selection Criteria

the selection criteria set out in section 7 of this RFP.

AD Foundation Workshop

the workshop described in paragraph (b)(2)(A) of Schedule 3 to the draft Alliance Development Agreement.

Alliance Leadership Team (ALT)

the Alliance Leadership Team to be established under the Project Alliance Agreement and referred to in section 3.3(a) of this RFP.

Alliance Management Plan

the plan to be developed during the AD Phase and submitted as part of the Project Proposal.

Alliance Management Team (AMT)

the Alliance Management Team to be established under the Project Alliance Agreement and referred to in section 3.3(c) of this RFP.

Alliance Manager

the person appointed by the ALT to manage the AMT and referred to in section 3.3(b) of this RFP.

Alliance Project Team (APT)

the alliance project team to be established under the Project Alliance Agreement and referred to in section 3.3(d) of this RFP.

Best for Project

an approach, determination, decision, method, solution, interpretation, outcome or resolution that is consistent with the Project Owner's VFM Statement and the Alliance Charter.

Business Day

a day on which banks are open for business in [insert relevant capital city, State], excluding a Saturday, Sunday or public holiday in [insert relevant capital city, State].

Closing Date

the date and time by which the Initial Proposal or Project Proposal (as applicable) must be submitted in accordance with this RFP.

Commercial Framework

the commercial framework described in Schedule 1 of this RFP.

Commercial and Legal Framework

the Commercial Framework described in Schedule 1 of this RFP and the Legal Framework set out in Schedule and Schedule 4 of this RFP.

Core Team

the Project Owner's team and employees as described in the Alliance Development Agreement.

Corporate Overhead and Profit

the Proponent's corporate overhead and profit, being the Proponent's agreed profit margin and a contribution towards recovery of non-project specific (or corporate) overhead costs.

Date for Practical Completion

[insert]

Design Development Report

the report developed during the AD Phase and submitted as part of the Project Proposal.

EOI Phase

the Phase of the Selection Process commencing with the release of the Invitation for EOI and ending at the commencement of the RFP Phase.

EOI Respondent

the organisation or team of organisations that submit an EOI Response.

EOI Response

the expressions of interest submitted by EOI Respondents to the Invitation for EOI.

Evaluation Criteria

the RFP Response Evaluation Criteria set out in section 6.3 of this RFP and the AD Phase Evaluation Criteria set out in section 7.3 of this RFP.

Evaluation Team

the team selected by the Project Owner to evaluate the Proponents and make a recommendation to the Project Owner of a Successful Proponent.

Final Shortlist

the shortlist containing the [two] Shortlisted Proponents to be determined by the Project Owner at the end of the RFP Phase.

[Guidance Note: The number of Shortlisted Proponents should be determined by the Project Owner on a case-by-case basis. This template has been drafted on the basis that two Proponents would be shortlisted to participate in the AD Phase.]

Financial Establishment Audit

the financial audit to be undertaken during the AD Phase in respect of each Shortlisted Proponent.

GST

Goods and Services Tax.

Initial Proposal

the proposal submitted by the Proponent in response to the Request for Proposal.

Initial Shortlist

the shortlist of Proponents developed by the Project Owner based on the EOI Responses received by the Project Owner.

Intellectual Property

all intellectual property rights existing worldwide and the subject matter of such rights include any patent, design (whether registered or not), copyright, trade mark, protected circuit layout (or similar right) trade secret or other right whether existing under a Statutory Requirement, at common law or in equity.

Invitation for Expressions of Interest (Invitation for EOI)

the invitation for expressions of interest prepared by the Project Owner for the purposes of identifying suitably qualified Proponents to deliver the Project.

Legal Framework

the legal framework for the Alliance set out in the draft Project Alliance Agreement and draft Alliance Development Agreement in Schedule and Schedule 4 of this RFP respectively.

Mandatory Criteria

the RFP Phase Mandatory Criteria set out in section 6.2 and the AD Phase Mandatory Criteria set out in section 7.2 of this RFP.

Member

any person comprising the Proponent.

Minimum Conditions of Satisfaction (MCOS) Performance

the minimum conditions that must be met in each Project objective to meet the requirements of the Project Owner's VFM Statement.

National Alliance Contracting Documentation

the alliance contracting documentation published by the Department of Infrastructure and Transport, Commonwealth of Australia, March 2011 (see www.infrastructure.gov.au).

National Alliance Contracting Policy Principles

the alliance policy principles published by the Department of Infrastructure and Transport, Commonwealth of Australia, March 2011 (see www.infrastructure.gov.au).

Non-Owner Participant (NOP)

[Non-Owner Participant 1 and/or Non-Owner Participant 2] (as the context requires), each a party to the Project Alliance Agreement.

Participant

either the Project Owner, [Non-Owner Participant 1 or Non-Owner Participant 2] (as the context requires), each a party to the Project Alliance Agreement.

Phase

the relevant phase of the Selection Process, being the EOI Phase, RFP Phase or AD Phase.

Probity Practitioner

the probity expert referred to in section 8.10 of this RFP who may be engaged by the Project Owner to act as a probity auditor or advisor for the Project.

Project Alliance Agreement

the alliance agreement for the Project to be entered into between the Project Owner and the Proponent (if the Project Proposal is accepted by the Project Owner in accordance with the ADA) substantially in the form of the draft Project Alliance Agreement.

Project

as defined in section 2 of this RFP.

Project Objectives

the Project objectives listed in the Project Owner's VFM Statement.

Project Owner

[to be inserted]

Project Owner's Value for Money (VFM) Statement

the Project Owner's value for money proposition for the Project to be set out in the draft Project Alliance Agreement.

Project Proposal

the proposal for the Project which is developed by the Proponent and submitted to the Project Owner at the conclusion of the AD Phase.

Proponent

the organisation or team of organisations on the Initial Shortlist that submit an Initial Proposal in response to the RFP.

Proponent Team Protocols

the protocols to be complied with by the Proponents during the AD Phase.

Reimbursable Costs

has the meaning given to that term in the draft Project Alliance Agreement.

Related Body Corporate

has the meaning given to that term in the Corporations Act 2001 (Cth).

Request for Proposals (RFP)

this document, prepared by the Project Owner for the purposes of identifying and selecting Proponents to participate in the AD Phase.

RFP Phase

the Phase of the Selection Process in which the RFP is issued to Proponents on the Initial Shortlist and ending at the commencement of the AD Phase.

RFP Phase Selection Criteria

the Selection Criteria to be applied by the Evaluation Team to Initial Proposals submitted in response to this RFP.

Risk and Contingency Provisions

the provision for all possible Reimbursable Costs associated with risks and contingencies that may arise in performing the Works that will be set out in an alliance risk and opportunity report and included in estimating the TOC, but excluding any Adjustment Events (as that term will be defined in the Project Alliance Agreement).

Selection Criteria

the selection criteria set out in sections 6 and 7 of this RFP.

Selection Process

the process for selecting the Successful Proponent set out in section 4 of this RFP, comprised of the EOI Phase, this RFP Phase and the AD Phase.

Sensitive Information

has the meaning given to that term in the Privacy Act 1988 (Cth).

Shortlisted Proponent

the Proponents shortlisted by the Project Owner at the conclusion of the RFP Phase that will advance to the AD Phase.

Successful Proponent

the Proponent selected by the Project Owner to enter into the Project Alliance Agreement with the Project Owner.

Target Outturn Cost (TOC)

the specific sum identified as the TOC in the Project Proposal, being the estimate of all:

(a) Reimbursable Costs;

(b) Corporate Overhead and Profit; and

(c) Risk and Contingency Provisions,

required to achieve MCOS Performance, perform the Works and bring the Works to a stage where the Final Certificate can be issued in accordance with the Project Alliance Agreement.

Works

the whole of the works and services to be performed by the Participants from time to time under the Project Alliance Agreement.