Defined Term/Acronym | Meaning |
Means modifications or clarifications to this RFP issued by the State in accordance with the Terms and Conditions. |
Has the meaning given in clause 1 of Schedule 5 (Change Compensation Principles) to the Project Deed. |
Means those documents set out in Volume 3 (Draft State Project Documents). |
Means a person whom an employer has undertaken to train under a Training Contract. |
Means any officer, employee, agent, consultant, contractor, nominee, licensee, or advisor and: ▪ in the case of a Respondent, includes any Financier and its Associates but excludes the State and its Associates; and ▪ in the case of the State includes: - [Insert Project-specific information], but does not include Respondents and Respondent Members. |
Has the meaning given in Clause 7.10 of the Terms and Conditions. |
Has the meaning given in clause 1 of the Project Deed. |
Bank Bill Swap Bid Rate. |
Means a day in Melbourne that is not a Saturday, Sunday or a public holiday gazetted in the Public Holidays Act 1994 (Vic). |
Means between 9:00am and 5:00pm on a Business Day. |
Capital Asset Pricing Model. |
Has the meaning given in clause 1 of Schedule 5 (Change Compensation Principles) to the Project Deed. |
Means any claim, proceeding, action, cause of action, demand or suit (including by way of contribution or indemnity) made: ▪ in connection with the Project Documents or the Project; ▪ at law or in equity; or ▪ for specific performance, restitution, payment of money (including damages), an extension of time or any other form of relief. |
Refers to a clause in the Terms and Conditions. |
Means the time and date upon which the Proposals must be submitted to the State, being [insert time] [#AEST / #AEDT] on [insert date], unless otherwise advised in writing by the State. |
Has the meaning given in clause 1 of the Project Deed. |
Commercial Opportunities Guiding Principles [Guidance Note: Delete definition if Section 5.8 (Commercial Opportunities) of Volume 1, Part A (General Information and Instructions to Respondents) is not applicable to the Project and is removed from the RFP.] | Means the principles set out in Section 5.8 (Commercial Opportunities) of this Volume 1, Part A (General Information and Instructions to Respondents). |
Means in respect of a Respondent, the other Respondent and its Respondent Members who form part of a separate consortium who is participating in the Tender Process. |
Means the form set out in Appendix 3 to Volume 1, Part B (Evaluation Criteria and Proposal Requirements). |
Has the meaning given in clause 1 of Schedule 5 (Change Compensation Principles) to the Project Deed. |
Means the All Groups Consumer Price Index Weighted Average of Eight Capital Cities (IECC) (ABS Cat No. 6401.0 Series ID A2325846C) published quarterly by the Australian Bureau of Statistics. |
The date of execution of the Project Deed by the State and Project Co. |
Means the form of letter set out in Appendix 4 to Volume 1, Part B (Evaluation Criteria and Proposal Requirements). |
Has the meaning given in clause 1 of the Project Deed. |
Means the Respondent Member that is intended to undertake the design and construction of the [insert Project asset(s)]. |
Has the meaning given in clause 1 of the Project Deed. |
Means any data room operated by or on behalf of the State containing information relevant to the Project and includes any Electronic Data Room. |
Means the conditions that will govern the use of the Data Room by Respondent users set out in Appendix 3 (Data Room Conditions of Use) to the ITP Plan. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
[Guidance Note: Delete defined term if Project scope does not include Returned Works.] | Has the meaning given in clause 1 of the Project Deed. |
Means departures from, or variations to, the Draft State Project Documents including the PSDR (including the Technical Specification and Services Specification), proposed by a Respondent in its Proposal. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Means any computer software known as a back door, time bomb, logic bomb, trojan horse, worm, drop dead device, virus, or any other computer software or configuration intended or designed to: ▪ permit access to or use of the computer systems or associated data of a Respondent Member other than as expressly authorised by the Respondent Member; or; ▪ disable, damage, corrupt or erase, or disrupt or impair the normal operation of, computer systems or associated data of a Respondent Member. |
Means the following information (of whatever nature, including written, graphical, electronic, oral or in any other form) which is disclosed to, or otherwise obtained by or on behalf of, the Respondent, a Respondent Member or any respective Associate in connection with the Project or the Tender Process: ▪ this Invitation for EOI and the RFP; ▪ any oral or written advice, representations or information given by or on behalf of the State or any of its Associates during the Tender Process; ▪ all material contained in any Data Room; and ▪ each EOI and Proposal to the extent that it contains or would reveal any of the information referred to in the dot points above, any other information which the Respondent, Respondent Member or any respective Associate knows or ought reasonably to know is confidential to the State or any of its Associates or should be treated as such. |
Means the rates set out in Section 8.1.2 (Discount Rates) of this Volume 1, Part A (General Information and Instructions to Respondents). |
Means those documents set out in Volume 3 (Draft State Project Documents). |
Debt Service Cover Ratio. |
Has the meaning given in Clause 5.6(a) of the Terms and Conditions. |
Means those persons who are combing formal university training in an engineering or related discipline with practical work experience. |
The phase of the Tender Process used to shortlist parties to proceed to the RFP Phase as described in the Invitation for EOI. |
Means the form of letter set out in Appendix 5 to Volume 1, Part B (Evaluation Criteria and Proposal Requirements). |
Has the meaning given in clause 1 of the Project Deed. |
Means any entity intending to provide equity funding to the Project. |
Means the criteria for evaluating Proposals, as set out in Volume 1, Part B (Evaluation Criteria and Proposal Requirements) of this RFP, as amended in accordance with the Terms and Conditions. |
Means the evaluation panel(s) referred to and described in Section 10.7 (Evaluation Structure) of this Volume 1, Part A (General Information and Instructions to Respondents). |
Means the sub-criteria for evaluating Proposals, as set out in Volume 1, Part B (Evaluation Criteria and Proposal Requirements) of this RFP, as amended in accordance with the Terms and Conditions. |
Means the executive summary and overview of Respondents' Proposals. |
Means expression(s) of interest prepared in respect to the Invitation for EOI, including any clarifications or further information submitted or given by a Respondent in respect of the expression of interest, in accordance with the Terms and Conditions. |
Furniture, Fittings and Equipment. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Means the financial model to be submitted in accordance with Proposal Requirement E2.1 (Appropriateness of Financial Assumptions and Financial Model) set out in Volume 1, Part B of this RFP. |
Means the form of letter set out in Appendix 8 to Volume 1, Part B (Evaluation Criteria and Proposal Requirements). |
Means the instructions set out in Appendix 7 to Volume 1, Part B (Evaluation Criteria and Proposal Requirements). |
Means the Excel spreadsheet proformas titled 'Financial Profomas.xls' found at Appendix 11 to Volume 1, Part B (Evaluation Criteria and Proposal Requirements). |
Means any entity intending to provide debt finance to the Project. |
Means the form of letter set out in Appendix 6 to Volume 1, Part B (Evaluation Criteria and Proposal Requirements). |
Foreign Investment Review Board. |
Has the meaning given in clause 1 of the Project Deed. |
Means this Appendix A to this Volume 1, Part A (General Information and Instructions to Respondents). |
Information and communications technology |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Means all existing and future rights in the nature of intellectual property or industrial property (within the meaning of the term 'industrial property' in Article 1 of the Paris Convention for the Protection of Industrial Property) throughout the world, including: ▪ copyright; ▪ trade and service marks (whether registered or unregistered); ▪ designs (whether registered or unregistered); ▪ patents and inventions (whether or not patented or patentable); ▪ internet domain names; ▪ trade, business or company names; and ▪ confidential information and trade secrets, whether tangible or intangible, which incorporates, embodies or is based on any of the things referred to in the dot points above. |
Means the protocols set out in this ITP Plan that apply to the Interactive Tender Process including: ▪ the ITP Workshop Protocols; and ▪ the Site Inspection Protocols. |
Means the interactive process during the RFP Phase providing an opportunity for active interface between the State and all Respondents comprising the following: ▪ the Q&A Process; ▪ Interim Submissions; and [Guidance note: Delete if not applicable to the Project] |
Means any interim deliverables to be submitted by Respondents during the RFP Phase, but prior to the Closing Time and Date for submission of Proposals, in accordance with section 8 (Interim Submissions) of the ITP Plan. |
The [insert Project title] Invitation for EOI dated [insert date] (EOI [insert number/reference]). |
Means the persons nominated by Respondents in accordance with section 3.2 (ITP Contacts) of the ITP Plan as the Respondents' contacts during the ITP. |
Means the form set out in Appendix 1 (ITP Request Forms) to the ITP Plan titled 'ITP Contact Request Form' to be completed and submitted by Respondents nominating their two ITP Contacts for the ITP in accordance with section 3.2 (ITP Contacts) of the ITP Plan and any subsequent changes to the ITP Contacts prior to the Closing Time and Date. |
Means an ITP Deliverable set out in the ITP Plan. |
Means the document titled 'Interactive Tender Plan' set out in Attachment D (ITP Plan) to this Volume 1, Part A (General Information and Instructions to Respondents) setting out the process and protocols for the conduct of the ITP during the RFP Phase. |
Means the program set out in Appendix 2 to the ITP Plan setting out the indicative timing of all key ITP activities as detailed in section 5 (ITP Program) of the ITP Plan, as updated or revised by the State in accordance with section 5.1 of the ITP Plan. |
Means the following forms to be completed and submitted by Respondents to the State via the Q&A Facility in the Data Room, as specified in section 3.3 (ITP Request Forms) of the ITP Plan: ▪ Site Inspection Request Form; and |
Means the process of interaction between the State and Respondents during the RFP Phase, to be carried out consistently with the ITP Plan (including the Interactive Tender Workshop Protocols) and the Terms and Conditions and includes any RFP Briefing, Respondent Initiated ITP Workshop and State Initiated ITP Workshop. |
Means the protocols that will apply to ITP Workshops set out in section 2.2 (ITP Workshop Protocols) of the ITP Plan. |
Means the form set out in Appendix 1 (ITP Request Forms) to the ITP Plan titled 'ITP Workshop Request Form' to be completed and submitted by Respondents to: ▪ request a Respondent Initiated ITP Workshop in accordance with section 7.4.1 (Process for Respondent Initiated Workshops) of the ITP Plan; and ▪ confirm attendance at a State Initiated Workshop in accordance with section 7.5.1 (Process for accepting State Initiated ITP Workshops) of the ITP Plan. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
[Insert Project-specific information] |
Means the issues set out in Section 4 (Key Project Issues) of this Volume 1, Part A (General Information and Instructions to Respondents). |
Means the principles of common law and equity established by decisions of court, all other statutes, regulations, by-laws, ordinances and subordinate legislation of the Commonwealth, the State or any other government agency and any approvals. |
Means any loss, cost, liability or expense whether: ▪ arising from or in connection with any proceeding or claim or not; ▪ liquidated or not; ▪ legal or equitable; ▪ present, prospective or contingent; or ▪ owed, incurred or imposed by or to or on account of or for the account of any person alone or severally or jointly with another or others. |
Loan Life Cover Ratio. |
A Local Industry Development Plan is a document prepared by Respondents as part of their Proposal. The LIDP outlines Respondents' commitment to address the minimum local content target and other VIPP tender conditions. The LIDP must have an ICN acknowledgement letter. |
Has the meaning given in Section 7.1.1 (Overview) of this Volume 1, Part A (General Information and Instructions to Respondents). |
Means the policy of the Victorian Government applicable from 1 January 2016 which is located at http://economicdevelopment.vic.gov.au/ |
Means the plan to be provided by Respondents as part of their Proposal the form of which is set out in Appendix 10 to Volume 1, Part B (Evaluation Criteria and Proposal Requirements). |
[#Delete if not applicable to Project] | Has the meaning given in clause 1 of the Project Deed. |
[#Delete if not applicable to Project] | Has the meaning given in clause 1 of the Project Deed. |
Management Services Contractor [#Delete if not applicable to Project] | The entity that is intended to undertake the Management Services. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
The suite of guidance material published by Infrastructure Australia and available at https://infrastructure.gov.au/infrastructure/ngpd. |
The phase of the Tender Process involving negotiations with the Preferred Respondent(s) and finalisation of contractual agreements as further described in the Invitation for EOI. |
Has the meaning given in Clause 14.1 of the Terms and Conditions. |
Net Present Cost. |
Net Present Value. |
Has the meaning given in clause 1 of Schedule 5 (Change Compensation Principles) to the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in Table 1 (Lodgement Instructions) set out in Section 1.1 (Proposal Submission Requirements) of Volume 1, Part B (Evaluation Criteria and Proposal Requirements). |
Has the meaning given in clause 1 of the Project Deed. |
Means the Victorian Government framework that requires compliance with both: ▪ the National PPP Policy and Guidelines; and |
Means the State's Partnership Victoria policy. Further information can be obtained at http://www.dtf.vic.gov.au/Publications/Infrastructure-Delivery- |
Means the payment mechanism set out in in Schedule 3 (Payment Schedule) to the Project Deed. |
Means to: ▪ submit an EOI or Proposal (or consider and determine whether or not to submit an EOI or Proposal) in accordance with the Terms and Conditions; or ▪ comply with an obligation under the Invitation for EOI or the RFP. |
Has the meaning given in clause 1 of the Project Deed. |
Means the Development Phase and the Operating Phase. |
Means the architectural and design plans referred to in Part A - Technical Solution of Volume 1, Part B (Evaluation Criteria and Proposal Requirements). [Guidance note: Term used in Table 1 (Lodgement Instructions) in Volume 1, Part B where the format for submission of Plans has been specified..] |
Public private partnership. |
Pre-Agreed Modification or PAM [#Guidance Note: Delete defined term if Section 5.4.7 (Pre-Agreed Modifications (PAMs)) of Volume 1, Part A (General Information and Instructions to Respondents) is not included in the RFP for the Project.] | Has the meaning given in clause 1 of the Project Deed. |
Means one or more Respondents invited to proceed to the Negotiation and Completion Phase. |
Has the meaning given in Clause 17.5(a) of the Terms and Conditions. |
[Has the meaning given in Section 1.1 (The Opportunity) of this Volume 1, Part A (General Information and Instructions to Respondents).] [Guidance note: If the 'Project' is defined by reference to the Project description in Section 1.1, then retain the above definition. Alternatively, insert the Project title.] |
Has the meaning given in Section 6.2 (Project Team and Project Advisors) of this Volume 1, Part A (General Information and Instructions to Respondents). |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of Schedule 5 (Change Compensation Principles) to the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
Means the principal contract between the State and Project Co that establish the rights and obligations of the parties in respect of the Project. |
Has the meaning given in clause 1 of the Project Deed. |
The State's objectives for the Project, as outlined in Section 2.2 (Project Objectives) of this Volume 1, Part A (General Information and Instructions to Respondents). |
Has the meaning given in clause 1 of the Project Deed. |
Means: ▪ the stakeholders listed in Section 6.3 (Project Stakeholders) of this Volume 1, Part A (General Information and Instructions to Respondents); ▪ any government or any governmental, semi-governmental or local government authority, local council, administrative or judicial body or tribunal, department, commission, public authority, agency, minister statutory corporation or instrumentality having jurisdiction over or involvement in any part of the Project; and ▪ any person notified by the State to a Respondent to be a Project Stakeholder to the extent they have jurisdiction over or involvement in any part of the Project. |
A proposal submitted by a Respondent in response to this RFP, including any clarifications or further information submitted or given by a Respondent in respect of that Proposal, in accordance with the Terms and Conditions, and which meets the requirements of Volume 1 (Project Overview and General Requirements) of this RFP. |
Means the Proposal Evaluation Discount Rate set out in Table 12 in Section 8.1.2 (Discount Rates) of this Volume 1, Part A (General Information and Instructions to Respondents). |
Means a completed cover to be submitted by Respondents, the form of which is set out in Appendix 1 to Volume 1, Part B (Evaluation Criteria and Proposal Requirements). |
Means a completed form to be signed by Project Co and all Respondent Members and submitted by Respondents, the form of which is set out in Appendix 2 to Volume 1, Part B (Evaluation Criteria and Proposal Requirements). |
Means the requirements set out in Volume 1, Part B (Evaluation Criteria and Proposal Requirements). |
Has the meaning given in Clause 11.2(a) of the Terms and Conditions. |
Means the Public Sector Comparator defined in Partnerships Victoria policy as the "estimated hypothetical risk-adjusted cost if a project were to be financed and implemented by the Government". |
Means the function in the Data Room for transmitting and receiving communications between the State and Respondents during the RPF Phase. |
Means: ▪ the Respondent Initiated Q&A Process; and ▪ the State Initiated Q&A Process. |
Means a statement issued by the State to all Respondents via the Q&A Facility in the Data Room setting out the State's response to questions received from Respondents in accordance with section 6.2.3 (Q&A Statements) of the ITP Plan. |
Has the meaning given in clause 1 of the Project Deed. |
Means any RFP briefing conducted by the State in accordance with section 7.3 (RFP Briefing) of the ITP Plan. |
Has the meaning given in clause 1 of the Project Deed. |
Means a Respondent Member who is a Related Party of a Respondent Member of any Competing Respondent. |
Has the meaning given to the expression 'related entity' by Section 9 and 50 of the Corporations Act 2001 (Cth) and includes any 'associate' (as defined by Sections 10 to 17 of the Corporations Act 2001 (Cth)). |
Has the meaning given in clause 1 of the Project Deed. |
The set of documents entitled 'Request for Proposal' issued by the State to the Respondents. |
Means a person, legal entity or body corporate invited to submit a Proposal. To the extent that Respondent Members are participating in the Tender Process as a consortium or group, Respondent includes all of the Respondent Members that form part of such consortium or group. |
Means an ITP Workshop initiated by a Respondent prior to the Closing Time and Date in accordance with section 7.4 (Respondent Initiated ITP Workshops) of the ITP Plan. |
Means the process set out in section 6.2 (Respondent Initiated Q&A Process) of the ITP Plan. |
Means each of the following entities (forming the Respondent) in their individual capacity: ▪ sponsor(s); ▪ special purpose vehicle that is intended to be the party that enters into the Project Documents if the Respondent is the Successful Respondent; and ▪ any additional entity notified to the State in accordance with the Terms and Conditions. |
[#Guidance Note: Delete defined term if Project scope does not include Returned Works.] | Has the meaning given in clause 1 of the Project Deed. |
[#Guidance Note: Delete defined term if Project scope does not include Returned Works.] | Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
The phase of the Tender Process which: ▪ commencing on the release of the RFP to Respondents for submission of detailed, fully costed and binding Proposals; and ▪ ending on the selection of the Preferred Respondent. |
Means the person nominated by each Respondent as the primary contact for the Respondent. |
As described in Section 8.1.4 (Scope Ladder) of this Volume 1, Part A (General Information and Instructions to Respondents). [Guidance Note: This definition should be deleted if Section 8.1.4 (Scope Ladder) is not included in the RFP.] |
Means a section of this RFP (excluding the Terms and Conditions). |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. The definition includes the following services to be performed by Project Co as described in Volume 2 of this RFP: [#insert list] |
Has the meaning given in clause 1 of the Project Deed. |
The Respondent Member entity that is intended to be engaged by Project Co to carry out all, or substantially all, of the Services. |
Has the meaning given in clause 1 of the Project Deed. |
Means the 'Services Specification' set out in the PSDR. |
Means the [site/sites] identified in Section 3 (Site[s]) of this Volume 1, Part A (General Information and Instructions to Respondents). [Guidance note: For linear infrastructure projects that cover a "Project Area" including multiple sites, the definition may need to be amended or substituted with "Project Area".] |
Means Site inspections made available to Respondents during the RFP Phase as part of the Interactive Tender Process, to be carried out consistent with the ITP Plan (including the Site Inspection Protocols) and the Terms and Conditions. |
Means the protocols that will apply to any Site Inspections set out in section 9.2 (Site Inspection Protocols) of the ITP Plan. |
Means the form set out in Appendix 1 (ITP Request Forms) to the ITP Plan titled 'Site Inspection Request Form' to be completed and submitted by Respondents to the State requesting a Site inspection in accordance with section 9.4 (Respondent requested Site Inspections) of the ITP Plan. |
Means the Crown in right of the State of Victoria and its entities. |
[#State Contribution / #State Contribution] [#Guidance Note: Delete defined term if State Contribution(s) will not be paid by the State in respect of the Project.] | Has the meaning given in clause 1 of the Project Deed. |
Means an ITP Workshop scheduled by the State before the Closing Time and Date in accordance with section 7.5 (State Initiated ITP Workshops) of the ITP Plan. |
Means the process set out in section 6.3 (State Initiated Q&A Process) of the ITP Plan. |
The person with overall responsibility for delivery of the Project on behalf of the State, as referred to in Section 9.3 (Communications with the State) of this Volume 1, Part A (General Information and Instructions to Respondents). |
Has the meaning given in clause 1 of the Project Deed. |
Has the meaning given in clause 1 of the Project Deed. |
The committee established by [#Insert procuring agency] to assist the State Representative to deliver the Project, as referred to in Section 6.1 (Project Delivery Governance) of this Volume 1, Part A (General Information and Instructions to Respondents). |
Means a 'Strategic Project' for the purposes of the VIPP. |
Means the Respondent selected to enter into the State Project Documents with the State to deliver the Project where Financial Close is achieved. |
Means a table set out in this RFP (excluding the Terms and Conditions). |
Means an individual who is an employee, agent or advisor of a Respondent Member who is directly involved in the Tender Process for that Respondent Member. |
Has the meaning given in clause 1 of the Project Deed. |
Means the 'Technical Specification' set out in the PSDR. |
The procurement process for the delivery of the Project, including each of the following phases: ▪ the EOI Phase; ▪ the RFP Phase; and |
Has the meaning given in clause 1 of the Project Deed. |
Means the terms and conditions set out in Appendix B (Terms and Conditions) to the Invitation for EOI. |
Means a person (other than an Apprentice) employed under a Training Contract. |
Has the meaning given in Education and Training Reform Act 2006 (Vic). |
Means the form set out in Appendix 1 (ITP Request Forms) to the ITP Plan titled 'User Access Request Form' to be completed and submitted by Respondents to the State requesting user access to the Data Room in accordance section 4.2.4 (Requesting user access to the Data Room) of the ITP Plan. |
Means a Respondent who is not the Successful Respondent. |
180 days from the Closing Time and Date. |
Value for money. |
Means the Victorian Industry Participation Policy made pursuant to section 4 of the Victorian Industry Participation Policy Act 2003 (Vic). |
Means a volume to this RFP. |
Means the Wage Price Index (Victoria, All Industries, Public and Private) (ABS Cat No. 6345.0 Series ID A2608929K) published quarterly by the Australian Bureau of Statistics. |
Has the meaning given in clause 1 of the Project Deed. |