The Independent Reviewer performs an integral role during the Development Phase, in particular in monitoring construction progress and certifying Acceptance (subject to the State's role in certifying Commercial Acceptance on Social Infrastructure Availability PPP Projects - see section (a)(i)2.25.4.1). The Independent Reviewer is appointed by the State and Project Co under an Independent Reviewer Deed of Appointment.
The role of the Independent Reviewer on Linear Infrastructure Availability PPP Projects is typically broader than on Social Infrastructure Availability PPP Projects. For example, on Linear Infrastructure Availability PPP Projects, the Independent Reviewer will undertake the role of reviewing Design Documentation for compliance with the PSDR whereas this role is typically undertaken by the State on Social Infrastructure Availability PPP Projects.
It is important that the entity/entities appointed are independent of the State, Project Co and the Consortium Members to avoid conflicts of interest. For larger projects, many of the entities which could carry out the Independent Reviewer role, whether themselves or in joint venture, are designers and other consultants for the Respondents. Accordingly, it can be difficult to identify one or more independent entities able to carry out the role. This is exacerbated in circumstances where the State project team is of the view that the skills required to carry out the role of Independent Reviewer adequately will require a joint venture of a number of eligible consultants.
It is for this reason that it is common on larger Linear Infrastructure Availability PPP Projects for the State to manage the Independent Reviewer procurement. Generally the procurement process is commenced during the Tender Process for the Project, based on the provision of a reference design and RFP documentation. Entities associated with any Respondent's consortium (a Project Affiliation) are able to bid for and may be shortlisted for the role of Independent Reviewer but are advised that, if the entity with which they have a Project Affiliation is the Successful Respondent, they will not be eligible for appointment as Independent Reviewer.
On Social Infrastructure Availability PPP Projects, Project Co will usually nominate a shortlist from which the State will select the Independent Reviewer.