As part of their Proposals, Respondents will provide documents which will be included in the Project Deed in a form agreed by the parties.
These will include the Project Scope, Bid Development Phase Program and Bid Project Plans. The location of these documents in the Project Deed may be determined on a project specific basis.
The Project Scope together with the Delivery Requirements make up the PSDR. The Delivery Requirements contain the technical, functional and Services requirements of the State that define the scope of the Project. The Project Scope is bid by the Successful Respondent in its Proposal as the response to the Development Requirements and will include those parts of Project Co's design and services solution that the parties agree should be included in the Project Deed.
As part of the RFP, the State will typically ask Respondents to develop drafts of the Development Phase Program and certain Project Plans and include them in their Proposals for evaluation. These documents will likely be amended throughout the Project. However, it is important that the versions of the Development Phase Program and the Project Plans agreed at Contract Close are included in or attached to the Project Deed (as outlined below) so that there can be no doubt as to the baseline versions.
The Bid Development Phase Program does not form part of the Project Deed as the State does not require strict compliance with Development Phase Program on the basis that it is considered an unduly onerous obligation and not value for money (see section 2.26.3). The Bid Development Phase Program should therefore only be attached to the Project Deed to establish the baseline for the Development Phase Program that Project Co is required to update and comply with under the Project Deed.
Due to the difference in approach to development of the PSDR during the Procurement Phase between Linear Infrastructure and Social Infrastructure Availability PPP Projects, the Bid Project Plans:
• on Linear Infrastructure Availability PPP Projects, will typically be included in the PSDR and therefore form part of the Project Deed; and
• on Social Infrastructure Availability PPP Projects, the Bid Project Plans are typically attached to the Project Deed to establish the baseline for the Project Plans that Project Co is required to update and comply with under the Project Deed but they do not typically form part of the Project Deed.
In both cases, Project Co is required to comply with and update the Project Plans. As the Project Plans are intended to set out Project Co's methodology and obligations, typically the Project Plans do not impose any obligations on the State and language should be included in those Project Plans or in the PSDR to the effect that any such 'obligations' are not binding on the State.
Departures bid by the Successful Respondent to the Project Deed and PSDR included in the Request for Proposal will be resolved with the State before execution of the Project Deed and included in updated versions of the PSDR or Project Deed.