Generally, the Responsible Agency, subject to being accredited in accordance with the accreditation program for construction procurement, has overall responsibility for procuring and delivering a PPP consistent with these Guidelines, and for ensuring the project will meet its service delivery requirements and relevant outcome-focused performance objectives.
For any project with an estimated capital value greater than $200 million (or High Profile / High Risk projects as described in section 1.1.4), that is likely to be procured as a PPP, or any package of individual projects that could potentially be procured as a PPP, Responsible Agencies must contact NSW Treasury as early as possible in the project development phase (i.e. during the development of the Strategic Business Case).
NSW Treasury:
1. Is the first point of contact in NSW Government for PPPs, potential PPPs and major structured financing transactions that may involve the private sector.
2. Can advise Responsible Agencies on any aspect of these Guidelines and the National PPP Guidelines.
3. Assists Responsible Agencies with all aspects of planning, procuring and managing PPP contract documents.
4. Must be involved in the procurement options analysis.
5. Can provide Responsible Agencies with best-practice templates for PPP documentation, including pre-procurement documentation, Expression of Interest (EOI) and Request for Proposals (RFP), and GSF Act approvals.
6. Should be involved in selecting commercial, financial and legal advisers and can provide templates for requesting proposals from advisers and evaluating such proposals.
7. Specialises in providing advice on commercial/ financing aspects of PPPs, and the preparation of the Public Sector Comparator (PSC) and Shadow Bid Model (SBM).
Experienced NSW Treasury members must be invited to be part of the Project Steering Committee and project teams and be involved in all interactive tendering and commercial discussions with potential, short-listed, and preferred bidders.
NSW Treasury must be consulted on various aspects of managing PPP contract documents, consistent with Appendix 5, including in relation to material, contractual or commercial changes to existing PPPs.