Generally, the Responsible Agency has overall responsibility for procuring and delivering a PPP consistent with these NSW PPP Guidelines and for ensuring the project will meet its service requirements. Agencies that are not accredited by the Department of Finance, Services and Innovation under the NSW Government Procurement Guidelines for either the planning, procurement or delivery phase may be required to engage external support, depending on the risk profile of the project.
Where more than one agency is involved in a project's service delivery outcomes, the Secretary of NSW Department of Premier and Cabinet will appoint an agency to lead the project and convene a project Steering Committee. The other agencies will be represented as members on that committee. Committee membership may differ depending on whether the project is in the procurement (tendering and negotiations) phase or the post-contract signing delivery phase (which includes construction and operations).
In certain circumstances, the Premier may authorise Infrastructure NSW (via Projects NSW) under Part 5 of the Infrastructure NSW Act 2011 to "step in" to procure and deliver major projects.
Projects NSW, a recently created specialist unit in Infrastructure NSW, will manage the procurement and delivery of nominated priority infrastructure projects by performing the Project Director role.
Infrastructure NSW also plays a role as the Gateway Coordination Agency for capital projects and administers the IIAF. As part of adhering to the protocols of the IIAF, the Responsible Agency is required to register with Infrastructure NSW a project valued at an estimated total cost (ETC) of $10 million and above. Registration includes a risk self-assessment to determine preliminary Project Tier, which is part of the process that determines the level of assurance and reporting applied to a project, proportionate to its Project Tier.
NSW Treasury is the first point of contact in NSW for PPPs, potential PPPs and major structured financing transactions that may involve the private sector. NSW Treasury can advise Responsible Agencies on any aspect of these NSW PPP Guidelines and the National PPP Guidelines.
NSW Treasury assists Responsible Agencies with all aspects of planning, procuring and managing PPP contracts. NSW Treasury should be involved as early as possible for any project greater than $100m or any project that would likely be procured as a PPP. NSW Treasury can provide best practice templates for PPP documentation, including pre-procurement documentation, EOIs and RFPs, and PAFA Act approvals.
NSW Treasury should be involved in selecting commercial, financial and legal advisers and can provide templates for requesting proposals from advisers and evaluating such proposals. NSW Treasury also specialises in providing advice on commercial/financing aspects of PPPs, and the preparation of the PSC and SBM. Experienced NSW Treasury members should be part of the Steering Committee and Project Teams and be involved in all interactive tendering and commercial discussions with potential, short-listed and preferred bidders.
NSW Treasury should be consulted on various aspects of managing PPP contracts, consistent with TC15-16: Managing PPP Contracts.
Other agencies, such as the Department of Premier and Cabinet, may also be involved in a PPP. This will be determined on a case by case basis.