6.9  Independent Reviewer

Consistent with the National PPP Policy and Guidelines and precedent transactions of this size and type, an Independent Reviewer will be jointly appointed by the State and Project Co prior to the Development Phase of this Project.

The Independent Reviewer will have a significant role in relation to the Project, specifically during the design, construction, [manufacturing,] commissioning and acceptance stages of the Development Phase. Amongst other things, the Independent Reviewer will be responsible for:

•  reviewing Project Co's design documentation for compliance with the requirements of the Project Deed;

•  reviewing management plans;

•  reviewing test procedures, and witnessing and certifying completion testing;

•  certifying the completion of the [insert Project asset(s)];

•  reviewing the delivery program; and

•  assessing any time delay claims.

Further details of the scope of the role of the Independent Reviewer, and the procurement process will be included in the RFP.

The State acknowledges that Respondents for the role of the Independent Reviewer may eventually come from Respondent Members or Associates but notes that a Respondent Member (and any Associate of a Respondent Member) who is part of the Successful Respondent is not eligible for the role of the Independent Reviewer.