Guidance note: This Proposal Requirement is intended to address all Key Contractors and should be updated to reflect this including where a project is a full service PPP (i.e. the provision of additional ancillary and operational services). Where the Project is a full service PPP, the Proposal Requirement should also include the following requirement: "Respondents are to provide commentary on how their commercial solution will support the intended Reviewable Services process under clause # of the Project Deed, including commentary on the potential (if any) for the identity of the Equity Investors in Project Co to impact on the ability to run a competitive tender process for the provision of Reviewable Services." |
Respondents are required to provide a structure diagram showing how each Respondent Member sits within the consortium.
Respondents are required to provide details of the allocation of Project risk among their Respondent Members. Respondents must provide:
• an executed term sheet or draft contract between Project Co and the D&C Contractor;
• an executed term sheet or draft contract between Project Co and the Services Contractor;
• if the consortium involves any joint venture arrangements (e.g. if the D&C Contractor or Services Contractor is a joint venture), an executed term sheet or draft contract setting out the arrangements and risk allocation between the joint venture parties;
• an executed term sheet or draft interface agreement between the D&C Contractor and the Services Contractor setting out the apportionment of liability between the parties for interface issues such as liability for Defects and involvement in and liability for design etc.;
• a Contractor Commitment Letter from each counterparty proposing to contract with Project Co in relation to the Project (other than the State) in the form of Appendix 4 (Contractor Commitment Letter) to this Volume 1, Part B (Evaluation Criteria and Proposal Requirements);
• a description of any other arrangements that will be put in place (including interface agreements) between Project Co, the D&C Contractor, the Services Contractor and other Key Contractors as the case may be during both the Development Phase and the Operating Phase; and
• a 'gap analysis' which specifically identifies where the risk allocation of the D&C Contractor, the Services Contractor and other Key Contractors is different to the risk allocation between the State and Project Co and identify any risks that remain with Project Co;
• detailed strategy for ensuring the completion and execution of binding agreements between Project Co and each of its Key Contractors by Contract Close and strategy for ensuring the expeditious achievement of Financial Close thereafter; and
• confirmation of compliance with the proposed role of the Independent Reviewer under the downstream contracts as specified in this RFP.