Procuring agencies should consult with the Department of Economic Development, Jobs, Transport and Resources and the Industry Capability Network to determine the Local Content Requirements.
Procuring agencies should also determine on a project specific basis:
• Reporting requirements - each agency is required to report back to the Responsible Minister for VIPP on their compliance with VIPP, to inform the preparation of the VIPP Annual Report. The PV Standard Project Deeds require reports on compliance to be provided:
- during the Development Phase:
• annually within 20 Business Days after the end of each Financial Year; and
• upon:
• the earlier of Commercial Acceptance and 1 Month after the Date for Commercial Acceptance; and
• Final Acceptance; and
- during the Operational Phase, annually within 20 Business Days after the end of each Financial Year.
• Consequences for non-compliance - The VIPP guidelines provide that an agency may determine whether or not consequences will apply if successful bidders do not deliver the Local Content (ANZ) outcomes committed to in their LIDP. In the PV Standard Project Deeds, a failure to comply with the LIDP will result in liquidated damages payable at the Date of Commercial Acceptance (the formula for calculating the liquidated damages should be set out in the Payment Schedule) and a Major Default if the failure is not cured within 20 Business Days. However, procuring agencies are to determine on a project specific basis whether and what consequences should apply if Project Co fails to deliver the local content outcomes committed to in its LIDP.