Guidance note: The scope outlined in the dot-points below should be expanded to reflect Project-specific requirements including where the Project asset is in a brownfield environment or there is a staged payment profile. Delete references to any content not required/relevant. For example: ▪ "operations" where the Project is not a full service PPP (i.e. provision of additional ancillary and operational services); and ▪ Returned Works (i.e. works to be completed by Project Co during the Development Phase and progressively handed back to their respective facility owners / operators) where the Project scope does not include Returned Works. Procuring Agencies should delete the second paragraph if a State Contribution(s) will not be paid by the State to Project Co in respect of the Project and Section 5.5.1 ([#State Contribution / #State Contributions)] is deleted. |
The Project will be procured and delivered as an 'availability based' PPP under which Project Co will be responsible for:
• the design, construction, commissioning of the [insert Project asset(s)];
• [the hand back of Returned Works to Returned Asset Owners;]
• the [operation and] maintenance of the [insert Project asset(s)];
• the handover of the [insert Project asset(s)] to the State at the end of the Term; and
• the financing of the Project over the Term.
[Whilst Project Co is responsible for financing the Project, the State intends to make [#a State Contribution / #State Contributions] as set out in Section 5.5.1 [(#State Contribution / #State Contributions). [OPTIONAL. DELETE IF NOT APPLICABLE]]
The State will make Service Payments to Project Co during the Operating Phase as outlined in Section 5.5.3 (Payment Mechanism). The Operating Phase will expire [insert Operating Phase period] years after the earlier of:
• the Date for Commercial Acceptance; and
• the Date of Commercial Acceptance.
Service Payments made to Project Co will be subject to abatement for failure to meet the availability and performance standards.
To the extent that Project Co achieves Commercial Acceptance after the Date for Commercial Acceptance, the Operating Phase, and Project Co's right to Service Payments, will be reduced accordingly.