6  Procurement: Expression of Interest, Request for Proposals and negotiations

Mandatory minimum requirements:

•  Responsible Agencies must submit a completed EOI checklist to NSW Treasury prior to the release of the EOI.

•  Responsible Agencies must submit a completed RFP checklist to NSW Treasury, prior to releasing the RFP documents.

•  The Responsible Agency must prepare a document based on the NSW Treasury Project Deed Commercial Principles to confirm agreement and consistency with the project approach.

•  Where a Responsible Agency has a project-specific reason to deviate from provisions in the Template Project Documents, the Responsible Agency must show cause and seek approval from NSW Treasury for any departures.

•  Responsible Agencies must consult with NSW Treasury to determine and agree on the appropriateness of a CDPD and the quantum for each specific project.

•  Responsible Agencies must require the private party to obtain a binding ruling from the Australian Taxation Office as a condition precedent to the PPP contract becoming effective.

The National PPP Guidelines detail the required documentation and procedures at each phase of procurement. The following sections highlight a number of additional NSW requirements, consistent with the objective of minimising tender costs.

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