Guidance note: The tender process and timing of the appointment of the Independent Reviewer is to be outlined in this Section. |
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.
The appointment process is intended to ensure that the Independent Reviewer is able to establish appropriate processes with Project Co and commence the review of design packages and other aspects of the Project, as early as possible.
The Independent Deed of Appointment will be a State Project Document entered into by the State, Project Co and the Independent Reviewer.
[#Insert details of the tender process and the timing of appointment of the Independent Reviewer.]
The costs and expenses of the Independent Reviewer are to be shared equally between Project Co and the State other than where:
• the Independent Reviewer considers that the parties, as a result of their respective conduct, have a proportionate responsibility for the costs and expenses that differs from the equal apportionment; and
• either party requests the Independent Reviewer to prepare additional reports not otherwise required to be prepared under the Project Deed or the Independent Reviewer Deed of Appointment, the party making the request will be responsible for the payment of the relevant fees payable.
Further details of the terms on which it is proposed that the Independent Reviewer is to be appointed are set out in the draft Independent Reviewer Deed of Appointment included in Volume 3, Part B (Ancillary State Project Documents).