Invitation for Expressions of Interest · WA Schools Public Private Partnership Project – Invitation for Expressions of Interest Page 2 1. Introduction 1.1 The Opportunity WA has

Invitation for Expressions of Interest Expression of Interest No: 1010214 Issued by: Strategic Projects and Asset Sales Department of Treasury (“State”) Closing Time: 2:30pm, 5 November 2014

WA Schools Public Private Partnership Project – Invitation for Expressions of Interest

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Contents MINISTER'S FOREWORD ........................................................................................................... 1

1. Introduction ........................................................................................................................ 2

1.1 The Opportunity ............................................................................................. 2 1.2 Purpose of this Invitation ................................................................................ 2 1.3 Procurement Model ........................................................................................ 3 1.4 State Parties .................................................................................................. 3 1.5 Procurement Terms and Conditions ............................................................... 3 1.6 Stakeholders .................................................................................................. 3

2. Project Information ............................................................................................................ 4

2.1 Project Overview ............................................................................................ 4 2.2 Schools within the Project .............................................................................. 4 2.3 Project Objectives .......................................................................................... 5 2.4 Site Information .............................................................................................. 5 2.5 Site Investigations .......................................................................................... 7 2.6 Master Plans .................................................................................................. 7 2.7 Authorisations and approvals ......................................................................... 7

3. Project Scope ..................................................................................................................... 9

3.1 Scope Overview ............................................................................................. 9 3.2 Services to be provided by the State ............................................................ 10 3.3 Schedule of Accommodation ........................................................................ 11 3.4 Design Considerations ................................................................................. 11 3.5 Construction Considerations ........................................................................ 13 3.6 Facilities Management Considerations ......................................................... 14 3.7 Government Policies and Processes ............................................................ 14

4. Commercial Framework .................................................................................................. 15

4.1 Contractual Structure ................................................................................... 15 4.2 Commercial Principles ................................................................................. 15 4.3 Commercial Opportunities ............................................................................ 17

5. Procurement Process ...................................................................................................... 19

5.1 Overview ...................................................................................................... 19 5.2 EOI Phase ................................................................................................... 19 5.3 RFP Phase .................................................................................................. 19 5.4 Negotiations ................................................................................................. 19 5.5 Public Sector Comparator ............................................................................ 19 5.6 Project Governance ..................................................................................... 19 5.7 State Advisers .............................................................................................. 20 5.8 Timetable ..................................................................................................... 21

6. Content and Evaluation of EOIs ...................................................................................... 22

6.1 Content ........................................................................................................ 22 6.2 Evaluation Criteria ........................................................................................ 22 6.3 Evaluation Approach .................................................................................... 24

7. Procedural Matters .......................................................................................................... 25

7.1 Enquiries ...................................................................................................... 25 7.2 Lodgement Details ....................................................................................... 25 7.3 Closing Time ................................................................................................ 25 7.4 Late Lodgement ........................................................................................... 26 7.5 Probity Adviser ............................................................................................. 26

Schedule 1 – Glossary .............................................................................................................. 27


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Schedule 2 – Project Stakeholders .......................................................................................... 32

Schedule 3 – Site Locations ..................................................................................................... 33

Schedule 4 – State Policies and Additional Information ........................................................ 34

Attachment 1 – Terms and Conditions .................................................................................... 35

Attachment 2 – EOI Response Requirements ......................................................................... 49

Attachment 3 – EOI Response Information ............................................................................. 57


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MINISTER'S FOREWORD

Foreword from the Hon. Peter Collier MLC, Minister for Education

The Western Australian Schools Public Private Partnership Project

On 6 October 2014 Premier Colin Barnett announced that a number of Western Australian public schools in the Perth Metropolitan area and Peel region would be delivered under a Public Private Partnership (PPP) model.

The long term vision of the government is to deliver quality educational infrastructure to meet the needs of students and teachers into the future while obtaining the best value for money for the State.

The project involves the provision of four new primary schools and three new secondary schools, as well as the second stage of an existing secondary school. The new and expanded schools are located in Perth’s growth areas where enrolment demand is highest. The Schools PPP project will use the skills and abilities of the private sector to design, build, finance and maintain the schools, allowing principals and teachers more time to focus on teaching and delivering excellent student outcomes. The government will retain full responsibility for the provision of educational, curriculum and teaching services.

This is a unique opportunity for a partnership between the government and private sector to develop high quality, contemporary infrastructure and provide superior service delivery to facilitate world class education and learning outcomes in Western Australia.

We welcome your interest in working with us to deliver Western Australia’s first public school PPP project.

Hon Peter Collier MLC

Minister for Education


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1. Introduction

1.1 The Opportunity

WA has over 1,100 schools, including 798 State and 310 non-government (i.e. Catholic and independent) schools providing education to over 360,000 students. State school students represent two thirds of the student population.

The DoE has forecast that enrolment numbers for the State schools will significantly increase over the next few years. In response to the growing demand within the Perth metropolitan area, DoE has identified the need for four PSs to be ready for opening from the commencement of the 2017 academic year and seven stages of SHSs to be ready for opening between 2018 and 2023.

To maximise value for money for the State in delivering these facilities, DoE has worked with SP to package the schools as a ‘bundle’ rather than contracting the design, construction and maintenance for each school on an individual basis.

The State is embarking on this Procurement Process to identify a private sector party to develop and maintain the Schools Package as part of the WA Schools Public Private Partnership Project. More specifically the State is seeking to contract with a Project Co to:

a) design, construct and finance the Schools Package; and

b) maintain the Schools Package over the Operating Phase and hand them back to the State in accordance with a pre-agreed handover condition at the end of the Term.

The State is seeking EOIs from suitably experienced consortia capable of delivering the Project in its entirety. The State intends to contract with a single legal entity to deliver the Project.

Whilst there will be minimum requirements that must be met in respect of design, construction and services delivery to be undertaken by Project Co, the State is seeking innovative approaches from the private sector that will support the delivery of the Project in accordance with the Project Objectives whilst offering enhanced value for money outcomes.

1.2 Purpose of this Invitation

The purpose of this Invitation is to:

(a) invite prospective Respondents to lodge an EOI;

(b) provide details and information concerning the Project to prospective Respondents; and

(c) set out:

i. the Evaluation Criteria for selecting the Shortlisted Respondents;

ii. the submission requirements for an EOI;

iii. the terms and conditions for the Procurement Process; and

iv. outline the indicative timetable for the delivery of the Project.

Following receipt of EOIs from Respondents, the State may select a number of Shortlisted Respondents to proceed to the RFP Phase.


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1.3 Procurement Model

The State has approved the delivery of the Project in accordance with a DBFM PPP procurement model. The DBFM PPP procurement model is considered to be the model that best balances the control of project cost and risk with the achievement of the Project Objectives and accordingly, has been identified as the model most likely to maximise value for money for the State.

The Project will be procured broadly in accordance with the National PPP Guidelines (including Western Australia’s jurisdictional requirements). The Guidelines provide a framework for developing contractual relationships between the State and private parties for the delivery of public infrastructure and related ancillary services.

1.4 State Parties

The Procurement Process is being undertaken and administered by SP in consultation with DoE, on behalf of the State.

The contractual arrangements for the Project will be entered into by the State.

1.5 Procurement Terms and Conditions

The Terms and Conditions applying to the Procurement Process are set out in Attachment 1 (Terms and Conditions) to this Invitation.

1.6 Stakeholders

A list of Project stakeholders (in addition to the State Parties) is set out in Schedule 2. The successful Respondent will be required to work with the State Parties and the key Project stakeholders to deliver the Project.


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2. Project Information

2.1 Project Overview

DoE’s mission and goals strive to achieve excellence and equity by the provision of access to a high quality public school education for all students regardless of their ability, location or background.

Under the Excellence and Equity; Strategic Plan for WA Public Schools 2012-2015, DoE aims to achieve excellence and equity through four priority areas:

• success for students;

• distinctive schools;

• high quality teaching and leadership; and

• capable and responsible organisation.

DoE's mission is supported by DoE’s Strategic Asset Plan 2013-2022, which outlines the department’s asset portfolio investment strategy. In response to the growing population within the Perth metropolitan area, the Strategic Asset Plan broadly identifies the timing and location of new schools to be constructed.

The Schools Package has been developed to address some of the highest priority proposals outlined in DoE's Strategic Asset Plan. The Schools Package will provide high quality public schooling to meet community and government expectations. The Schools Package will also support the priority areas by providing quality facilities and learning environments to prepare students for success in the next phase of learning and ultimately for life.

2.2 Schools within the Project

Table 1 below outlines the Schools Package that is to be delivered as part of the Project including the required opening dates for each school. A location overview map is included in Schedule 3 (Site Locations).

Table 1: Schools Package and required opening dates

School Opening Date (commencement of school year)

Alkimos South West PS 2017

Landsdale East PS 2017

Baldivis North PS 2017

Byford South West PS 2017

Ellenbrook North SHS – Stage 1 2018

Ellenbrook North SHS – Stage 2 2021

Lakelands SHS – Stage 1 2019

Lakelands SHS – Stage 2 2022

Hammond Park SHS – Stage 1 2020

Hammond Park SHS – Stage 2 2023


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School Opening Date (commencement of school year)

Harrisdale SHS – Stage 2* 2020

*Whilst the design and construction of Harrisdale SHS – Stage 1 is outside the scope of the Project, maintenance of, and FM Services in respect of, Harrisdale SHS Stage 1 over the Operating Phase is included in the scope of the Project. The State has separately procured the design documentation and construction of Harrisdale SHS Stage 1, with construction due to commence in 2015 to enable opening for the 2017 school year.

The PSs will be constructed on green field sites and are to be delivered in a single stage to provide the final accommodation capacity.

The SHSs may be staged to reflect the growth in student numbers over time. However, the State will consider alternative construction programs that offer value for money (i.e. construction of both stages as a single process).

Stage 1 of a SHS, typically on a green field site, comprises essential buildings to enable delivery of all aspects of the curriculum and accommodation for Years 7 to 9. Therefore, the majority of specialist facilities (e.g. science, design and technology, performing arts theatre, etc) along with general classrooms, sports hall, hard courts, oval and administration block are incorporated in this stage.

Stage 2 typically involves the construction of additional facilities including additional classroom blocks and the final specialist facilities such as the arts area and other spaces that may need minor retrofitting. Generally, the total accommodation capacity of a typical SHS (Stages 1 and 2) is 1,450 students in years 7-12.

2.3 Project Objectives

The key Project Objectives are to:

a) achieve functional educational designs that provide quality teaching and learning environments;

b) achieve value for money over the whole-of-life of the infrastructure pursuant to education outcomes;

c) improve efficiencies in service delivery for DoE; and

d) achieve time and cost efficiencies in the delivery of a program of works through economies of scale.

2.4 Site Information

The eight school Sites which form part of the Project are all within the Perth metropolitan area, except for the Lakelands SHS site which is within the Peel region. A brief description of each of the Sites is provided below.

Alkimos South West Primary School

The Alkimos South West PS site is located 40km north of the Perth CBD and is being developed as part of the Alkimos Eglinton District expansion by Lend Lease and LandCorp. The PS is located approximately 1km west of Marmion Ave on a 3.44ha rectangular site with adjoining shared public open space of 3.98ha. Land to the south and west of school site is currently undeveloped sand dunes with land to the north and east under residential development.

Baldivis North Primary School

The Baldivis North PS site is located approximately 40km south of Perth. The site is situated with Kerosene Lane to the north, Linaker Street to the east, active market gardens to the west


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and Narin Road to the south. Land to the south, east and north to Kerosene Lane is allocated for residential. The PS is located on 3.53ha and adjoins shared public open space of 1.89ha.

Byford South West Primary School

The Byford South West PS site is located at the intersection of Kinsella Avenue and Kokoda Boulevard in Byford, 34km south east of the Perth CBD. Surrounding land to the north, west and east is allocated for residential use with shared public open space to the south.

Ellenbrook North Senior High School

The Ellenbrook North SHS site is situated on Lot 9236, The Broadway, Ellenbrook and Lot 9056, Holdsworth Avenue, Aveley, 21km north east of the Perth CBD. The site is 10.0ha, with land to the south and east of the site public open space owned by the City of Swan. Bushland to the immediate west will be framed by the site and Holdsworth Avenue once the road extension has been completed. North of the site is a residential development. The site is bounded to the north and east by Maffina Parade and Cashman Avenue respectively.

Hammond Park Senior High School

The Hammond Park SHS site is located approximately 30km south of Perth in the suburb of Hammond Park. The 10.2ha site is long and rectangular, straddling five existing residential lots (Lot 14, 31, 32, 33 and 47) that all run parallel to Barfield Road. The site will be an amalgamation of portions of the existing lots, creating a single titled lot.

The northern boundary is bordered by a strip of bushland which has been identified as the location of a future road and residential development. The site will be bordered on the eastern boundary by a future road. Along the eastern boundary there is a buffer of residential properties between the site and Barfield Road and on the western boundary the site runs parallel to an existing private PS. The land to the south is predominantly undeveloped private bushland.

Harrisdale Senior High School

The Harrisdale SHS site is situated on Lot 4000, at the corner of Keane Road and Skeet Road, Harrisdale. To the west of the site is 45ha of bushland, with residential development to the east. Stage 1 forward works are currently underway with Stage 1 construction due to commence in 2015.

The area for Stage 2 facilities is situated in the centre of the site, surrounded by Stage 1 facilities on three sides. The western edge will require additional onsite parking to be built in Stage 2. Access for construction of Stage 2 during Stage 1 operations will need to be considered.

Lakelands Senior High School

The Lakelands SHS site is located south of Perth adjacent to Mandurah Road in the City of Mandurah. The site is approximately 1km east of Madora Beach and abuts the residential subdivision of Lakelands on its eastern boundary. A future PS will be developed to the north of the site.

The combined site of 10.73ha (DoE site 8.5ha; Public Open Space 2.23ha) is predominantly level with low lying coastal scrub coverage. The DoE portion of the site is irregular in shape with a primary frontage to Badgerup Drive and a secondary frontage to Banksiadale Gate.

Landsdale East Primary School

The Landsdale East PS site is situated 18km north east of the Perth CBD, adjacent to Kingsway Road, East Landsdale. The site extends over existing lots 167 and 168, which occupy approximately 4.08ha. 3.42ha of shared public open space adjoins the site, which is designated for a shared oval. Land to the north, south and east is allocated for residential development with a currently operating market garden to the west.


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2.5 Site Investigations

A series of Site assessments and geotechnical investigations have been undertaken for each of the sites.

The results of these investigations will be included within the RFP for information only. The Shortlisted Respondents will not be entitled to rely on these Site investigations and will have access to the Sites during the RFP phase in order to undertake their own site assessment and interpretation as required.

2.6 Master Plans

Preliminary master plans for each of the Sites have been prepared to better understand the impact of the Site constraints, ensure that the facilities can be accommodated within the Site boundaries and initiate the development approval processes. These master plans will be provided at the RFP stage for information and as a guide for Shortlisted Respondents. Shortlisted Respondents should not rely on these master plans and will be required to develop their own master plans specific for each of the Sites.

2.7 Authorisations and approvals

The State will be responsible for obtaining the State Obtained Authorisations to facilitate the Project. Project Co will be responsible for complying with the conditions of all State Obtained Authorisations and all other authorisations and approvals that it procures in relation to the Project. A summary of the anticipated authorisations to be obtained by the State are detailed within Table 2.

Table 2: Summary of Authorisations

Authorisation Responsibility

Subdivision/Amalgamation State

Development Approval* State

EPA Referral (if required) State

EPBC Act Referral State

Contaminated Sites Referral (if required) State

All other required authorisations and approvals

Project Co

*Development Approval based on State’s Master Plan concepts.

Development Approval under the Planning and Development Act 2005 (WA) (PD Act)

Each of the schools is to be developed as “public works” under the Public Works Act 1902. The delivery of public works by a State government authority is exempt from development approval under the local town planning scheme. However, the State government must comply with the development approval requirements under the applicable region scheme. The majority of the school sites are within the MRS and one school site is within the PRS.

Although the MRS provides for an exemption from development approval where a High School is located in a “Public Purpose – High School” reserve, none of the sites are reserved under this purpose. Ellenbrook North SHS, Hammond Park SHS and all of the PSs will require development approval under the MRS and Lakelands SHS will require development approval under the PRS.

The development applications for the schools are anticipated to be lodged with the respective local governments in October/November 2014, subject to landowner consent where land is not owned by DoE. In the absence of detailed designs, the draft master plan concepts will form the basis for the development applications. The statutory timeframe for determining a development application is 60 days from the date of lodgement but this may be influenced by referral agency


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requirements, completion of subdivision/amalgamation processes and resolution of environmental matters.

As the development cost of each school exceeds $7 million, it is anticipated that the development applications will be determined by the relevant DAP and not the WAPC. Final development approval conditions for each school will be subject to the determination of the responsible DAP and accordingly, may vary.

The development approval and associated conditions will be made available to the Respondents during the RFP phase. The Respondents will have the option to undertake the design within the parameters and conditions set by the development approval or to redesign the Site. Respondents would be responsible for obtaining a new development approval and would accept the risk of any new conditions if redesigning any Site.

Subdivision/Amalgamation Approval under the PD Act

A number of the schools are to be located on sites currently comprising several separate land parcels which will need to be amalgamated to create a single lot suitable for the school. In addition, some lots are subject to excision requirements associated with road reserves or as a condition of sale, necessitating the subdivision of lots to create the required excisions.

The statutory timeframe for determining a subdivision or amalgamation application is 90 days from the date of lodgement with the WAPC but this may be influenced by referral agency requirements and resolution of environmental matters. The WAPC is the determining authority and may impose conditions on any approvals. As indicated above, the State will be responsible for obtaining all necessary subdivision or amalgamation approvals.

Referral to the Commonwealth Department of Environment under the EPBC Act

Ellenbrook North SHS, Hammond Park SHS and Landsdale (East) PS sites contain significant areas of native vegetation and removal of this vegetation may impact on Carnaby’s Black Cockatoo habitat. Although it may be possible to minimise disturbance to some vegetation through the siting of the school structures, it is anticipated that a referral to the DoEnv under the EPBC Act will be required.

The DoEnv will make a determination on the level of assessment applicable to relevant Sites and may establish offset requirements which are generally land or cash. The State intends to progress the referral prior to Financial Close. The timeframe for the DoEnv to determine the level of assessment is variable.

Clearing Permit under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (WA)

The clearing of native vegetation from the Hammond Park SHS and Landsdale (East) PS sites is anticipated to require an application to DER for a clearing permit under the environmental protection regulations. Although native vegetation may be cleared from the Ellenbrook North SHS site, this area was previously subject to an environmental assessment and is therefore exempt from the requirement to obtain a clearing permit.

Referral under the Environmental Protection Act 1986 (WA) (EP Act)

It is not anticipated that any of the Sites will require a referral to the EPA under section 38 of the EP Act, however this may be revised following the Phase Two site investigations.

Contaminated sites under the Contaminated Sites Act 2005 (WA)

None of the school Sites are currently classified under the Contaminated Sites Act 2005 (WA). Although soil contamination investigations are to be undertaken on specific school Sites, it is not anticipated that the outcome will necessitate a classification under the Contaminated Sites Act 2005 (WA).


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3. Project Scope

3.1 Scope Overview

Project Co will design, construct and finance the Project and maintain it over the Operating Phase. Project Co’s responsibilities will be documented in detail in the Project Agreement that will be issued as part of the RFP documentation. An indicative summary of the main Project Co responsibilities is contained in Table 3 below.

Table 3: Scope of the Project Project Element Description Finance Project Co is required to procure Project finance to fund the

construction and completion of the entire Project.

Design During the RFP Phase, Respondents will be required to develop comprehensive design solutions for the Schools Package for submission with their Proposals. After Contract Close, Project Co will be responsible for ongoing design development in accordance with the design development plan to be contained in the Project Agreement.

Works Project Co is responsible for designing, constructing, commissioning and completing the Works for the Project. In broad terms, the Works will comprise the following:

• external works and services on the Sites; • buildings works within the Sites; • fitout of the buildings and facilities; • backbone infrastructure for information technology

equipment; and • furniture, fittings and equipment.

Performance of off-Site works

Project Co may be required to undertake some off-Site works that will be identified in the RFP including traffic and road reconfigurations under a returned works arrangement. These works will be handed over to the State or third parties once the commissioning criteria for these works have been met. Subject to any defects liability period, Project Co will have no ongoing responsibilities in relation to these works post commissioning.

Facilities Management Services

Project Co is responsible for delivering the Facilities Management Services (the “FM Services”). In broad terms, the FM Services will comprise the following:

a) Hard FM Services: Project Co is required to provide a range of hard FM Services over the Operating Phase of the Project. The extent of the hard management services is expected to include elements of the following:

• maintenance; • waste management; • utilities management; and • life cycle maintenance.

b) Soft FM Services: Project Co is required to provide soft FM Services over the Operating Phase. The extent of the soft facilities management services is expected to include elements of the following:


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Project Element Description • general management; • help desk services; • caretaker services; • grounds and garden maintenance; • pest control; • cleaning; and • security.

In addition, the State may consider a catering services option should this provide a value for money outcome for the State.

Commercial Opportunities Project Co may choose to identify commercial opportunities which are complementary to the operation of the Schools Package for consideration by the State. Where suitable commercial opportunities are proposed, Project Co will be required to deliver aspects of these as agreed between it and the State as set out in the Project Agreement.

3.2 Services to be provided by the State

There are a number of activities associated with the Project that do not form part of the Project. These activities will be undertaken or managed by the State as summarised in the table below.

Table 4: Activities undertaken or managed by the State Project Element Description School Activities The State will provide the core education services as well as

school administration. Project Co will not be required to operate the schools or deliver education.

Site services and utilities It is expected that the responsibility for the provision of utility services to the boundary of each Site prior to construction will reside with the State. Reticulation of the services downstream of the connection point, in and around the Sites, will be the responsibility of Project Co.

Site Access It is expected that the responsibility for the provision of major access roads to and around the Sites prior to construction will reside with the State. Modification to these roads for access within the Sites and parking will be the responsibility of Project Co. Project Co may be required to undertake some off-site works that will be identified in the RFP including traffic and road reconfigurations under a returned works arrangement.

State Obtained Authorisations

As described in Section 2.6, the State will be responsible for obtaining the State Obtained Authorisations to facilitate the Project. Project Co will be responsible for complying with the conditions of all State Obtained Authorisations and obtaining all other authorisations and approvals required in relation to the Project.


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3.3 Schedule of Accommodation

The State has prepared a SOA for each of the schools to establish the minimum spatial requirements. An indicative SOA is summarised in the table below. An updated SOA will be provided within the RFP.

Table 5: SOA

School FECA(m2) GFA(m2) Alkimos South West PS 3,150 4,560

Landsdale East PS 3,230 4,680

Baldivis North PS 3,230 4,680

Byford South West PS 3,150 4,560

Ellenbrook North SHS – Stage 1 10,050 13,570

Ellenbrook North SHS – Stage 2 7,970 10,760

Lakelands SHS – Stage 1 10,780 14,550

Lakelands SHS – Stage 2 7,440 10,040

Hammond Park SHS – Stage 1 9,790 13,220

Hammond Park SHS – Stage 2 5,790 7,810

Harrisdale SHS – Stage 2 5,890 7,950

3.4 Design Considerations

The State, through the ‘Better Places and Spaces’ built environment policy, is committed to providing high quality education environments that support the learning needs of every student. The policy’s aspirations for good design in school environments are reflected in the Office of the Government Architect’s ‘Education Design Standard 02’ which was developed in consultation with the DoE and BMW.

The RFP for the Project will contain the State’s “output based” design requirements. The Specifications will set the minimum standards for the Works and the FM Services. Respondents may wish to exceed the minimum standards, including where exceeding the Specifications will offer value for money opportunities with regard to life cycle and maintenance costs over the Operational Phase. Master Planning

Well considered site planning can have a significant impact on the performance, functionality, and sense of identity for a school environment. The State requires school designs that inspire all who use them day-to-day, support the State’s educational aspirations and make a positive statement to the community. The following principles of master planning are fundamental to achieving good school environments:

• Structure: organise buildings, servicing and functions so that they relate well to each other.

• Accessibility: provide ease, safety and choice of access for all users. • Legibility: help users to recognise functions and navigate routes around the site.


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• Fit and function: support the intended function of facilities while also allowing for their adaptability and future expansion.

• Character and Identity: provide built form, spaces and programming with qualities that give schools a valued identity.

• Responsive to context: engage with community through interfaces that are attractive, functional, safe and welcoming.

• Inclusiveness and interaction: create a school environment where all people are free to encounter each other as equals.

• Safety: organise the site to support safe behaviour. • Environmental Sensitivity: responsive to climate and site conditions and enhancing

the natural environment.

Design Principles

The design principles described in this section relate to the design and master planning of internal and external spaces within each school. These design principles are derived from the relevant sections of:

• DoE’s Primary School Brief and Secondary School Planning Guide; • the Office of Government Architect’s ‘Education Design Standard 02’; and • the Commission for Architecture and Built Environment UK (CABE) Successful School

Design series. Design quality outcomes will be at a minimum consistent with the Office of Government Architect’s ‘Education Design Standard 02’ achieving a high level of performance in terms of impact, functionality and build quality. The following criteria are a guide to the expectations of design quality across the project:

Impact

Good architectural design requires a holistic approach, reconciling a range of requirements in a clear, coherent way that adds value to the project and positively impacts end-users and the community. Learning environments should be uplifting and engaging places for staff and students.

High quality education facilities are a vital part of a healthy and thriving community and can provide an important civic place for meeting and exchange. School facilities that are distinctive and engage with their context can build a sense of pride and ownership among students, teachers, and the broader community. Functionality

Education facilities are spaces for learning, discovery, sharing and interaction. The facilities should enable the teaching and learning outcomes required of a contemporary curriculum and be flexible enough to support a range of pedagogical modes and learning styles. This means creating a setting appropriate for individualised learning and innovative teaching for a range of learning and teaching options. Teaching methods, curricula and the technology available to students and staff are always changing. Equally, the local communities served by education facilities also evolve. A challenge for WA schools is to accommodate these changes over their life time and ensure that they remain fit for purpose. High quality education facilities are a vital part of a healthy and thriving community and can provide an important civic place for meeting and exchange. School facilities that are distinctive and engage with their context can build a sense of pride and ownership among students, teachers, and the broader community. Learning environments need to support the specific requirements of all disciplines and a diverse range of active, student centred approaches. Learning is enhanced, deepened and made more relevant when connected learning spaces provide opportunities for:


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• active and interactive participation; • collaborative project work; • information retrieval and sharing; • discussion and presentation; • production of new knowledge; • teacher and student-led activities; • connection with experts; • local and global networks; and • personalised learning.

A school building should facilitate and enhance the educational program. Students and staff alike need spaces that inspire creativity and effective learning. The following DoE principles are used to develop learning spaces that maximise student performance:

• Flexibility − Enabling multiple users and uses − Providing opportunities for physical, virtual and mixed‐media in teaching − Supporting re‐allocation, re‐orientation and re‐configuration of learning

environments • Inclusivity

− Accommodating access and participation for all − Responding to local demographic needs − Supporting personalised learning

• Collaboration − Enabling co‐operative learning, teamwork and enterprise − Encouraging community, professional and expert engagement − Seeking local, national and global networks, partnerships and learning

communities • Creativity

− Promoting engagement, innovation and learning − Achieving community and environmental harmony − Promoting growth of social capital

• Efficiency − Delivering faster, deeper learning − Ensuring sustainable, cost effective utilities and delivery − Supporting effective management and administration and operation of facilities.

Build Quality

To properly serve the community both now and in the future, schools need to be well-designed and well-built. This means ensuring that, in design and construction, education facilities are robust, safe and secure with excellent whole-of-life performance.

Learning outcomes of students have been shown to be closely related to the quality of learning environments and level of building performance. Factors such as air quality, ventilation, good quality natural light, a generous sense of volume and space, and thermal and acoustic comfort, have each been shown to have a positive impact on student attentiveness, attendance and overall performance as well as providing benefits to staff.

3.5 Construction Considerations

The RFP for the Project will require the Shortlisted Respondents to demonstrate their capability to undertake the Works. To enable the State to assess the Respondents capability the RFP will require the Respondents to provide a variety of plans including a project management plan, construction management plan, safety management plan, environmental management plan and quality management plan.

Project Co will be required to undertake the Works based on the agreed plans. All materials and workmanship will be required to comply with all Australian laws, regulations, Building Standards and Australian Standards. The works will be subject to review and approval by an


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Independent Certifier who will determine whether Project Co has complied with its obligations under the Agreement, including the Specifications. In the event of staging of construction activities, the delivery of School Activities must be maintained throughout the design and construction and any disruption to School Activities must be minimised. The works will at all times be carried out so as to ensure the safety and convenience of all users. For this Project, it is anticipated that design will be undertaken in a Building Information Modelling environment, with the model likely to incorporate as-build information as well as facilities management data.

3.6 Facilities Management Considerations

The RFP for the Project will contain the State’s “output based” FM Services requirements. The RFP will be seeking to ensure that Shortlisted Respondents are providing at least the minimum requirements set out in the Specifications and are achieving effective whole of life outcomes that offer value for money to the State.

The key objective during the Operating Phase is the provision of efficient FM Services with minimal disruption to the delivery of School Activities during the Operating Phase of the Project.

The FM Services will need to be flexible. These services need to respond to the day to day use of the facilities (i.e. accommodating individual and group learning) and potential uses over the longer term (i.e. changes in the way education is delivered).

To ensure this objective is achieved, the Project Agreement will set out what FM Services must be performed, the specification for the FM Services at each school, the standard to which they must be performed or key performance indicators for the FM Services, the temporary fix and abatement regimes that will apply where the FM Services do not meet the performance standard and how Project Co and the State will interact in relation to the FM Services.

3.7 Government Policies and Processes

Relevant Government policies, processes and other additional information include those set out in Schedule 4.


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4. Commercial Framework

4.1 Contractual Structure

The State intends to contract with a single entity that will be responsible for the delivery of the Project. It is envisaged that this entity will be a consortium comprised of at least one of each of a builder, facilities management subcontractor and financier, supported by a range of specialist advisers including architectural, engineering, legal and financial.

The State expects that the Project Agreement between the State and the successful Respondent will be the primary legal document setting out the rights and obligations of the parties for the delivery of the Project.

Depending on the contract structure agreed to by the State, a range of additional agreements may also be entered into between the State, the successful Respondent and others such as:

(a) Builder Side Deed;

(b) FM Subcontractor Side Deed;

(c) Finance Side Deed;

(d) General Security Agreement; and

(e) Independent Certifier Agreement.

Respondents are encouraged to explore and propose consortium structures that best meet the requirements of the Project. The State does not seek to be prescriptive with respect to the Respondent’s consortium structure.

4.2 Commercial Principles

The commercial principles for the Project will be broadly consistent with the National PPP Guidelines (including WA jurisdictional requirements). The table below outlines a summary of a number of the key commercial principles that may apply to the Project. The State reserves the right to change its position in relation to these commercial principles.

Table 6: Commercial Principles/Risk Allocation Issue Risk Allocation

Native Title, Cultural Heritage, Artefacts

The State will assume responsibility for dealing with native title applications and claims. Project Co will be responsible for the identification and removal of all artefacts. All Artefacts discovered on or under the surface of a Site will be the property of the State. Project Co will be entitled to relief and compensation where delays arise or additional costs are incurred by Project Co as a result of any government, court or tribunal direction to suspend or cease all or any part of the works or services because of a native title claim or application.

Environmental Risk Project Co will be required to accept all environmental risks in relation to the Site and absorb any additional costs and/or delays in the construction schedule as a result of such unanticipated conditions except in relation to contamination caused by the State after Financial Close (in the circumstances described in the Project Agreement). Project Co will be responsible for obtaining all environmental approvals (other than State Obtained Authorisations) and for complying with all environmental approvals at its own cost.

Site Project Co must accept all Site related risks and conduct its own due diligence. The State will provide adequate access to


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Issue Risk Allocation

the Site for testing during the RFP Phase.

Site Access Project Co will be provided with appropriate access and occupation rights to provide it with the ability to design, construct and commission the Project and provide FM Services in accordance with the Project Agreement.

Design Project Co will be responsible for designing the school facilities to be fit for purpose and to be compliant with the requirements set out in the Project Agreement. The State will have the right to comment on the design documents and Project Co must amend the design documents to the extent that they do not meet the requirements of the Project Agreement.

Construction and completion

Project Co will accept all risks associated with the delivery of the Project including construction and commissioning to:

• ensure that the facilities are consistent with the Specifications;

• ensure completion within the agreed timeframes; and • ensure that the facilities are fit for purpose.

The requirement to meet the Specifications and supply a range of information relating to the design and construction of the Project will be included as completion tests and certified by the independent certifier and/or the State. The failure to meet a completion test will constitute a failure to meet the requirements of Commercial Acceptance. If the completion date for a school or stage is not achieved, then Project Co will not be paid for a period of time pursuant to the agreed payment mechanism.

Payments and performance Project Co will be entitled to receive quarterly service payments under the Project Agreement. Due to the staging of the Schools Package, the quarterly service payment will ramp up during the construction period until the last stage of the last school is delivered. Sub-standard performance or non-availability will result in reduced (or nil) payments (via abatements) pursuant to the agreed payment schedule.

Term The Term will commence at Contract Close and terminate 25 years after the Date for Commercial Acceptance of the final stage of the Project.

Maintenance and refurbishment

Project Co must maintain and refurbish the school facilities, including transportable units, at its own cost as necessary to ensure it delivers the required services to the Specifications.

Performance monitoring and review

Project Co will be required to monitor its performance against the Specifications using a comprehensive performance management methodology.

Fit for purpose Project Co must ensure that the facilities remain fit for purpose from commercial acceptance through to the expiry of the term.

Utilities unit price change The State will be responsible for a change in the price of the utility inputs required by the facilities.

Utilities volume risk Project Co will be responsible for cost and volume risk of utilities, other than a change to unit price.


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Issue Risk Allocation

Furniture, fixtures and equipment

Project Co will be responsible for the provision, maintenance and replacement of furniture, fixtures and equipment, including in transportable units, to the standards required by the Specifications. Payment is based on Project Co delivery of services to the standards specified in the Specifications. Payment will be abated to the extent the services are not delivered, or do not meet the required standards.

End of Term handback Project Co will be required to hand back the Project at the end of the Term and to meet specified handover conditions. The State will reserve the right to require security to ensure that all works necessary to meet the handover condition are undertaken in accordance with the Project Agreement toward the end of the Operating Phase.

Taxation Project Co will take all taxation risk in relation to the Project and the performance of its contracting vehicle.

Refinancing The State intends to include refinancing gain provisions in the Project Agreement that require Project Co to share in any gains realised from refinancing.

Insurance Project Co must obtain and maintain insurance cover for all facilities during the Construction and Operating Phases of the Project. The State may specify minimum insurance requirements.

Industrial relations and workplace health and safety

Project Co will be responsible for all industrial relations management and ensuring its (and its subcontractors, employees and consultants) compliance with workplace health and safety legislation.

Termination (for default) Serious breaches of the Project Agreement including poor performance of the Services may result in termination of the Project Agreement, with compensation reflecting the fair value of the assets and any State rectification costs, as well as all other amounts owing to the State by Project Co and any insurance proceeds.

4.3 Commercial Opportunities

If Respondents wish to explore and identify suitable commercial opportunities that may be delivered as part of the Project, the commercial opportunities must, as a minimum:

• not conflict with, and preferably will enhance, the core educational functions of the school

facilities;

• demonstrate an ability to meet all the Project objectives;

• be appropriate to be undertaken in schools;

• provide a value for money outcome for the State;

• take into account the State’s duty of care requirements;

• take into account the State’s requirements for flexibility in order to retain the option of

redeveloping the school facilities when the term expires;

• be consistent with the equity policies and/or values of the school facilities;


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• not disclose personal information about, or interfere with the privacy of, students,

parents/guardians, staff or other members of the school facilities community; and

• not interfere with the State’s events and initiatives.

The nature of the activities proposed will be subject to approval by the State to ensure they are appropriate to be undertaken in schools. Examples of third party revenue streams may include:

• profit share in school canteen;

• school uniform shop;

• use/lease of sporting facilities;

• day care for school aged children before or after school; and

• school holiday programs.

The State expects that community involvement in the school and the use of school facilities for community purposes will not be considered as commercial opportunities. Such purposes may include the use of halls for music/drama/dance/workout classes or church services and the use of school facilities by community groups.

The State encourages Respondents to use Part C of their EOI to comment on potential commercial opportunities that they believe have the potential to provide value for money outcomes to the State.


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5. Procurement Process

5.1 Overview The intended Procurement Process for engaging Project Co comprises the stages as described below. The Procurement Process described is indicative only. The State may change or terminate this Procurement Process at any stage, including by proceeding in a manner which is different to that described in this Invitation or in any subsequent RFP.

5.2 EOI Phase The issue of this Invitation is the first stage of the Procurement Process for the Project. Respondents are invited to submit an EOI in response to this Invitation.

The State intends to invite a number of Shortlisted Respondents to progress to the RFP phase of the Procurement Process following the evaluation of the EOIs in accordance with this Invitation.

The shortlisting of Respondents for the RFP Phase will be at the absolute discretion of the State and will be final and binding.

5.3 RFP Phase The second stage of the Procurement Process will be the RFP Phase. This phase will commence when the State releases the RFP to Shortlisted Respondents. The RFP will contain the technical, operational, legal and commercial requirements for the Project.

Shortlisted Respondents will be required to lodge fully costed and complete Proposals in accordance with the RFP requirements.

It is expected that the RFP Phase will also involve an interactive tender process between the State and Shortlisted Respondents. The State intends to actively and meaningfully engage with Shortlisted Respondents during this process.

5.4 Negotiations Following detailed evaluation of Proposals, the State intends to select one Shortlisted Respondent, but reserves the right to select two or more Shortlisted Respondents, to proceed to negotiations with a view to resolving all remaining technical, operational, legal and commercial issues and executing final Project Documents with the Preferred Respondent.

5.5 Public Sector Comparator One aspect of identifying value for money under the National PPP Guidelines is the comparison of submitted proposals with a quantitative benchmark – the PSC. The PSC calculates the hypothetical risk-adjusted cost of the State delivering the full requirements of the RFP under a conventional, fully publicly funded procurement approach. Through the PSC (and other qualitative benchmarks) it can be assessed whether the PPP procurement model for the delivery of the Project will deliver value for money for the State. The State will develop its final PSC prior to the close of the RFP.

5.6 Project Governance The State has deemed the Project a “major project” with regard to its complexity, profile and value. Consistent with the State Government’s Works Reform Program announced in 2009, the Under Treasurer and SP Executive Director have a lead role and accountability in the planning and delivery of the Project on behalf of the State working in close association with DoE. As DoE is responsible for the delivery of the educational services, it is leading the definition of the functional requirements.

The State has established an IASC to guide the delivery of the Project. The IASC reports to the EERC. The IASC will be supported by a Project Control Group and a number of working groups.


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Detailed below is the governance framework to manage the Project during the planning, procurement and delivery phases.

5.7 State Advisers

The following advisers have been appointed to assist the State in the Procurement Process.

Table 7: State Advisers Discipline Advisor Commercial adviser Ernst & Young

Legal adviser State Solicitor’s Office, supported by Corrs Chambers Westgarth

Technical directors Appian Group

Site investigations GHD

Facilities management adviser DCWC

Capital cost planning RBB


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Discipline Advisor Architectural and technical advisers

Hassell, Aurecon, Hutchinsons, Gabriels Environmental Design, Shawmac and Full Circle Design

Probity adviser Protiviti

These advisers have been retained under exclusivity arrangements with the State and are not available to provide any service or information to any Respondents, or any prospective Respondents, without the prior written approval of the State.

5.8 Timetable Details of the anticipated timing for the Procurement Process and the Project generally are provided in the timetable below. This timetable is indicative only and the State reserves the right to change the timetable in its absolute discretion.

Table 8: Timetable Procurement Process Target Date EOI Phase Release of Invitation 01 October 2014

Closing date for lodging EOIs see cover sheet

Announcement of Shortlisted Respondents December 2014

RFP Phase Release of RFP December 2014

Interactive Tendering Process January to April 2015

Closing Time for lodging Proposals May 2015

Negotiation Phase Appointment of Preferred Respondent June 2015

Contract Close August 2015

Design and Construction Phase Commence design development September 2015

Date for final Commercial Acceptance (delivery of the final school Stage)

January 2023

Operating Phase Operating Term The Term will commence at

Contract Close and terminate 25 years after the Date for Commercial Acceptance of the final stage of the Project


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6. Content and Evaluation of EOIs

6.1 Content Respondents are to submit EOIs in accordance with the content outlined for each Evaluation Criteria in Attachment 2.

6.2 Evaluation Criteria The State is seeking to identify Respondents with the vision, capacity and ability to deliver all components of the Project and to proceed to the RFP Phase of the Procurement Process. EOIs will be assessed by the State against the Evaluation Criteria below. The Evaluation Criteria comprise the following: (a) Weighted Evaluation Criteria: Criteria 1 to 6 have been assigned a weighting

(expressed in percentage terms) which will be used to establish the relative importance of each criterion in the qualitative assessment of the EOI; and

(b) Non-Weighted Evaluation Criterion: Criterion 7 has not been assigned a weighting, and will not be taken into account in the weighted evaluation process. Nevertheless, the Non-Weighted Evaluation Criteria are an important evaluation consideration and will be taken into account as part of the EOI evaluation process and in the State's decision as to whether or not to shortlist a Respondent.

The highest numerical scoring EOI for the Weighted Evaluation Criteria may not necessarily be the highest ranked EOI after taking into consideration the Non Weighted Evaluation Criterion. The response information to be included in the EOI is set out in Attachment 2. The State requires Respondents to carefully consider and respond to each criterion when formulating their EOI responses.

Table 9: Weighted Evaluation Criteria Weighted Evaluation Criteria Weighting

1 Project Understanding and Approach

The degree to which the Respondent can demonstrate:

• an understanding of the Project and its importance to the State, including in the context of providing quality teaching and learning environments;

• its approach and strategies for meeting each of the Project Objectives;

• an understanding and ability to address and incorporate end user considerations into the design, construction and maintenance of the Project; and

• its ability to successfully deliver innovation and value for money outcomes to the State.

10%

2 Organisational Structure, Experience and Resourcing Strategy

The degree to which the Respondent can demonstrate that it has the organisational structure, PPP experience and resourcing strategy suitable to successfully deliver the Project. This includes consideration of the;

• suitability, appropriateness and adequacy of the Respondent’s proposed organisational structure;

• relevant and recent experience of the Respondent and Respondent Members in delivering PPP and/or schools (or other relevant projects) individually and together with other

20%


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Weighted Evaluation Criteria Weighting Respondent Members; and

• ability of the Respondent to successfully resource and deliver the Project in accordance with the proposed timetable, based on the Respondent’s track record and its proposed approach for delivering the Project.

3 Commercial Understanding, Structure and Project Finance Capability


• an understanding and appreciation of the commercial principles of the Project;

• the suitability and appropriateness of its commercial and contractual structure during each phase to successfully deliver the Project; and

• that it has the skills, track record and capability necessary to secure and provide the requisite level of competitively priced private sector finance for the Project.

15%

4 Design Capability, Experience and Approach


• the experience and capacity of its design team to design social infrastructure projects, especially schools;

• the experience and capability of the design team in working in a PPP contracting environment; and

• its proposed approach for undertaking the design task for the Project and the advantages of this approach.

20%

5 Construction Capability, Experience and Approach

The degree to which the Respondent can demonstrate the experience and capacity of its construction team to deliver the Project, including:

• the experience and capacity of its construction team to deliver social infrastructure projects, especially schools.

• the experience and capability of the construction team in working in a PPP contracting environment; and

• its proposed approach to the construction task for the Project and the advantages of this approach.

15%

6 Facilities Management Capability, Experience and Approach

The degree to which the Respondent can demonstrate the experience and capacity of its facilities management team to maintain social infrastructure (especially schools), including:

• the experience and capability of the facilities management team in maintaining comparable infrastructure;

• its proposed approach for the delivery of facilities management services across multiple sites for the Project and the advantages of this approach; and

20%


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Weighted Evaluation Criteria Weighting • the proposed approach to accommodate facilities

management input into design and construction, with a view to achieving effective whole of life design outcomes that offer value for money for the State.

Table 10: Non-Weighed Evaluation Criterion Non-Weighed Evaluation Criterion

7 Financial Capacity

That each Respondent Member has the financial strength, capacity and experience to successfully deliver its aspect of the Project and can contribute to the overall ability of the Respondent to finance and deliver all aspects of the Project.

6.3 Evaluation Approach

In evaluating EOIs, the State will:

(a) assess EOIs against the Non-Weighted Evaluation Criterion;

(b) assess EOIs against the Weighted Evaluation Criteria (which have been ascribed a weighting on a percentage basis identifying the relative importance of each criterion);

(c) take into account the performance of the Respondent at any meetings, interviews or workshops;

(d) take into account the extent to which the EOI:

(i) is clear and comprehensive;

(ii) contains all information required by this Invitation; and

(iii) responds consistently to each of the Evaluation Criteria.

In evaluating EOIs, the State may take into account any other information available to the State concerning the Respondent or its EOI.


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7. Procedural Matters

7.1 Enquiries

All enquiries in respect of this Invitation must be in writing by email and directed to the State Representative at the project email address:

State Representative: Steven Luce

Title: Principal Project Director

Email address: [email protected]

The decision on whether to respond to any enquiry and the content and timing of any response is at the discretion of the State.

7.2 Lodgement Details

(a) Respondents must lodge:

(i) one original version of the EOI, marked ‘Original’ and will be taken as the master copy for assessment purposes;

(ii) a full and complete electronic copy of the EOI formatted as specified for each Evaluation Criteria and stored on a USB that is arranged in the same order as the original version; and

(iii) a full and complete electronic copy of the EOI formatted to searchable PDF and stored on a USB that is arranged in the same order as the original version.

(b) The EOI must be placed in a sealed package and must be clearly marked as follows:

Strictly Private and Confidential Principal Project Director WA Schools Project Expression of Interest EOI Number: 1010214

(c) The EOI must be lodged by hand at the address below:

OSBORNE PARK TENDER BOX Optima B Building Ground Floor 16 Parkland Road Osborne Park WA

OR

By post to the address below:

Locked Bag 11 Osborne Park BC WA 6916

7.3 Closing Time

The Closing Time for lodgement of EOIs is as set out on the front page of this Invitation.


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7.4 Late Lodgement

If an EOI is not lodged at the place of lodgement specified in Section 7.2 by the Closing Time the State may, in its absolute and sole discretion, reject or not consider the EOI.

7.5 Probity Adviser

The State has appointed Protiviti as the Probity Adviser in respect of the Project. Respondents may contact the Probity Adviser in circumstances where they have concerns as to probity or the conduct of the Procurement Process. Any contact or communication with the Probity Adviser may be disclosed to the State and the State reserves its rights to deal with the information in accordance with the Terms and Conditions. The Probity Adviser’s contact details are as follows:

Probity Adviser: Stephen Linden

Email address: [email protected]

WA Schools Public Private Partnership Project – Invitation for Expressions of Interest Schedule 1 - Glossary

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Schedule 1 – Glossary In this Invitation, unless the context otherwise requires:

Addendum means an amendment or clarification to this Invitation issued by the State pursuant to clause 7 of Attachment 1.

Associates means, any officer, employee, agent, consultant, contractor, nominee, licensee or adviser of:

(a) the State, including any other Government Party; or

(b) a Respondent Member including any Related Body Corporate of a Respondent Member.

BMW means Building Management and Works.

CADD means Computer Aided Design and Drafting.

Claim means any proceeding, cause of action, action, demand or suit (including by way of contribution or indemnity).

Closing Time means:

(a) in the case of an EOI, the date and time set out in Section 7.3;

(b) in the case of the Proposal, the date and time set out in the RFP.

Commercial Acceptance means that stage when the Works are complete and all other commercial acceptance criteria have been achieved in accordance with the Project Agreement.

Competing Respondent means any other person or group of persons responding to this Invitation or the RFP, other than the Respondent and Respondent Members.

Contract Close means the date of execution of the Project Agreement by the State and Project Co.

Control means, for the purposes of the Terms and Conditions:

(a) control or influence of, or having the capacity to control or influence the composition of the board, or decision making, directly or indirectly, in relation to the financial and operating policies;

(b) being in a position to cast, or control the casting of, more than 20 per cent of the maximum number of votes that may be cast at a general meeting; or

(c) having a relevant interest (as defined in section 608 of the Corporations Act) in more than 20 per cent of the securities (as defined in the Corporations Act),

of the Lead Respondent Member or each Respondent Member.

Corporations Act means the Corporations Act 2001 (Cth).

DAP means the Development Assessment Panel.

Date for Commercial Acceptance means the date for achieving Commercial Acceptance of the Works as set out in the Project Agreement.

Date of Commercial Acceptance means the date upon which Commercial Acceptance is achieved in accordance with the Project Agreement.

DER means Department of Environment Regulation.

Disclosed Information means the following information (of whatever nature, including written, graphical, electronic, oral, or in any other form) which is either directly or indirectly disclosed to, or otherwise obtained by or on behalf of, a Respondent in respect of or in connection with the Project or Procurement Process:

(a) the Invitation and the RFP.


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(b) any oral advice, representations or information given or furnished by or on behalf of the State or the State's Associates during the Procurement Process.

(c) Information Documents.

(d) all material disclosed in presentations or briefings by or on behalf of the State or an Associate of the State in connection with the Project during the Procurement Process.

(e) all material contained in any data room.

(f) all discussions and negotiations between the State and any Associate of the State (on the one hand) and any Respondent Member or any Associate of the Respondent Member (on the other hand) relating to the Project or the Procurement Process.

(g) each EOI and Proposal to the extent that it contains or would reveal any of the information referred in any of the above.

(h) any other information which a Respondent Member or an Associate of a Respondent Member knows or ought reasonably to know is confidential to the State or an Associate of the State or should be treated as such.

DBFM means Design, Build, Finance and Maintain.

DoE means Department of Education.

DoEnv means the Department of the Environment.

DT means the Department of Treasury.

EERC means Economic and Expenditure Reform Committee.

EOI means an Expression of Interest submitted by a Respondent in response to this Invitation.

EOI Form means the form set out in Attachment 2.

EOI Phase means the phase of the Procurement Process from release of this Invitation to the earlier of the release of the RFP to Shortlisted Respondents and the termination of the Procurement Process by the State.

EPA means Environmental Protection Authority.

EPBC Act means Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Evaluation Criteria means the criteria used to evaluate the EOI set out in Section 6.

FECA means Fully Enclosed Covered Area

Financial Close means the date on which the State notifies the Project Company that all of the conditions precedent to the Project Agreement coming into force have been satisfied or waived.

Financier means:

(a) any actual or potential provider of debt funding, facilities or accommodation directly or indirectly to a Respondent in relation to the Project, including any associated security trustee, bond trustee, agent, underwriter, arranger, financial guarantor or bond provider, hedge counterparty however described, not including any of the State or its Associates; and

(b) any actual or potential provider of equity funding, facilities or accommodation directly or indirectly to a Respondent in relation to the Project including any associated trustee, agent, underwriter, arranger or financial guarantor, however described.

FM Services has the meaning given in Section 3.1.

FOI Act means the Freedom of Information Act 1992 (WA).

GFA means Gross Floor Area


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Government Party means any governmental, semi-governmental or local government authority, minister, department, statutory corporation, instrumentality or government owned corporation.

Information Documents means any document or amendment to a document which is issued by the State to a Respondent as part of the Procurement Process and at the time of issue, is expressly stated to be an Information Document.

Invitation means this document (including the schedules and attachments to this Invitation) and any Addendum to this Invitation.

IASC means Inter-Agency Steering Committee.

Lead Respondent Member means the Respondent Member identified as the Lead Respondent Member in the EOI.

Liability means any debt, obligation, cost (including legal costs), expense, Loss, damage, compensation, charge or liability of any kind, including those that are prospective or contingent and those the amount of which is not ascertained or ascertainable.

Loss includes any cost, expense, damage or liability whether direct, indirect or consequential (including pure economic loss), present or future, ascertained, unascertained, actual, prospective or contingent or any fine or penalty.

MRS means Metropolitan Region Scheme.

National PPP Guidelines means the National PPP Guidelines Policy Framework (December 2008), published by Infrastructure Australia and the State, Territory and Commonwealth Governments (Council of Australian Governments).

Non-Weighted Evaluation Criterion means the Evaluation Criterion described in Section 6.2, Table 10.

Operating Phase means the stage of the Project which involves the delivery of FM Services by Project Co commencing on the Date of Commercial Acceptance of the first school and ending on the expiry of the Term.

PPP means Public Private Partnership.

Preferred Respondent means any Respondent selected by the State as the party with whom it intends to enter into final Project Documents.

PS means Primary School.

Probity Checks has the meaning given to that term in clause 13.2 of Attachment 1.

Procurement Process means the procurement process for the Project as described in Section 5, up to and including Financial Close.

Project means the project described in Section 3.1.

Project Agreement means the agreement between the Project Company and the State which sets out the rights and obligations of the parties in relation to the Project.

Project Company or Project Co means the private sector party nominated or formed by the Respondent to be the counterparty to the Project Agreement.

Project Documents means the contractual documents to be included in the RFP.

Project Objectives are the objectives set out in Section 2.3.

Proposal means any proposal submitted by a Shortlisted Respondent in response to the RFP.

PRS means Peel Region Scheme.

PSC means Public Sector Comparator.

Public Disclosure Obligations has the meaning given in clause 12.1 of Attachment 1.

Recipient means:


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(a) the Lead Respondent Member;

(b) each other Respondent Member; and

(c) any other person to whom a Respondent Member discloses the Disclosed Information.

Recipient Obligations has the meaning given to it in clause 11.1 of Attachment 1.

Related Body Corporate has the meaning given to it in the Corporations Act.

Related Party has the meaning given to it in the Corporations Act.

Related Party Participants has the meaning given to it in clause 14.3 of Attachment 1.

Respondent means all of the Respondent Members acting as a group in participating in the Procurement Process.

Respondent Member means each of the following, in their individual capacity:

(a) the Lead Respondent Member;

(b) each person identified as a Respondent Member in the EOI. This must include each sponsor, lead construction contractor, lead services provider and Project Company (if applicable); and

(c) any other person that is added as a Respondent Member from time to time in accordance with clause 10.2 of Attachment 1.

RFP means the Request for Proposal pursuant to which the State intends to invite Shortlisted Respondents to submit a Proposal for the Project.

RFP Phase has the meaning given in Section 5.3.

School Activities has the meaning given in Section 3.2, Table 4.

Schools Package means seven stages of SHSs and four PSs.

Sites means the sites set out in Section 2.4.

SHS means Senior High School.

Shortlisted Respondent means a Respondent who is invited by the State to submit a Proposal in response to the RFP.

SOA means Schedule of Accommodation.

SP means Strategic Projects and Asset Sales, a division of the Department of Treasury.

Specifications means the output specifications and the services specifications in the Project Agreement.

State means the Crown in the right of the State of Western Australia and includes a department established under the Public Sector Management Act 1994 (WA) and a Minister of the Crown, whether body corporate or otherwise. References to the State include:

(a) references to the State contracting party referred to in this Invitation: and

(b) references to the State agency on the cover of this Invitation.

State Parties means SP and DoE.

State’s Representative means the person specified in Section 7.1

Term means the term of the Project to be specified in the Project Agreement, including the Design and Construction Phase and the Operating Phase.

Terms and Conditions means the meaning given in clause 3.1 of Attachment 1.

WA means Western Australia.


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WAPC means Western Australian Planning Commission.

Weighted Evaluation Criteria means the Evaluation Criteria described in Section 6.2, Table 9.

Works means the works required to construct the Project.

WA Schools Public Private Partnership Project – Invitation for Expressions of Interest Schedule 2 – Project Stakeholders

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Schedule 2 – Project Stakeholders

Stakeholders have been identified under the categories as follows:

(a) Planning Stakeholders – covering Government agencies associated with the Project, including:

(i) Department of Education;

(ii) Department of Finance – Building Management & Works;

(iii) Department of Treasury;

(iv) Western Australian Treasury Corporation;

(v) Department of Environment Regulation;

(vi) Department of Planning;

(vii) Relevant Local Government Authorities;

(viii) Environmental Protection Authority;

(ix) Heritage Council of Western Australia;

(x) Western Power;

(xi) Water Corporation; and

(xii) Department of Aboriginal Affairs.

(b) Community Stakeholders – covering other stakeholders that will be engaged during the Project, including;

(i) State Schools Teachers’ Union of WA;

(ii) Local residents, local businesses and institutions and the wider community;

(iii) Media (local, state and national); and

(iv) Other stakeholder and interest groups.

(c) Emerging Stakeholders – covering any new stakeholders identified as the Project progresses and which will be identified in the RFP.

WA Schools Public Private Partnership Project – Invitation for Expressions of Interest Schedule 3 – Site Location

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Schedule 3 – Site Locations

WA Schools Public Private Partnership Project – Invitation for Expressions of Interest Schedule 4 – State Policies and Additional Information

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Schedule 4 – State Policies and Additional Information

The following policies, legislation, free trade agreements apply and information is available on relevant websites:

(a) Better Places and Spaces – a policy for the built environment in Western Australia;

(b) Public Works Act 1902 (WA);

(c) Percent for Art Scheme;

(d) Priority Start – Building Policy;

(e) Aboriginal Enterprise and Employment Tendering Preference;

(f) Building Local Industry Policy;

(g) State Supply Commission Act 1991 (WA);

(h) The State Supply Commission Policies:

i. Value for Money;

ii. Buy Local Policy;

iii. Probity and Accountability;

iv. Open and Effective Competition;

v. Common Use Arrangements (CUAs); and

vi. Sustainable Procurement.

(g) Australia and New Zealand Government Procurement Agreement;

(h) Australia – United States Free Trade Agreement;

(i) Australia – Chile Free Trade Agreement.

(j) National PPP Guidelines – www.infrastructureaustralia.gov.au/public_private

WA Schools Public Private Partnership Project – Invitation for Expressions of Interest Attachment 1 – Terms and Conditions

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Attachment 1 – Terms and Conditions

1. Application to Procurement Process

(a) The terms and conditions in this Attachment 1 apply generally to the Procurement Process including the EOI Phase and the RFP Phase.

(b) The State reserves the right to impose additional or amended terms and conditions in the RFP or otherwise throughout the Procurement Process.

2. General

(a) Capitalised terms used in these Terms and Conditions are defined in Schedule 1 of this Invitation.

(b) Unless otherwise directed or agreed by the State, all communications by or on behalf of the Respondent with the State including any notices required to be provided by the Respondent under these Terms and Conditions shall be provided by the Lead Respondent Member.

(c) No entity may participate in the Procurement Process unless that entity is a Respondent Member or an Associate of a Respondent Member.

(d) Where the Respondent consists of more than one Respondent Member, the obligations and liabilities of a Respondent or Respondent Member under these Terms and Conditions apply to each Respondent Member jointly and severally.

(e) The Respondent must notify the State in writing if any Respondent Member is of the opinion that there is any error or discrepancy in this Invitation or the RFP, as soon as reasonably practicable after discovering it.

(f) Following receipt of a written notice pursuant to clause 2(e) above or if the State otherwise discovers an ambiguity, discrepancy or inconsistency, the State in its sole and absolute discretion, will direct the Respondent in writing as to how to resolve the ambiguity, discrepancy or inconsistency.

(g) No rule of interpretation applies to the disadvantage of the State on the basis that the State put forward the Terms and Conditions.

(h) The Code of Practice for the Building and Construction Industry in Western Australia does not apply to this Invitation or the RFP.

(i) The Code of Tendering AS 4120-1994 does not apply to the Procurement Process. (j) Unless the context indicates a contrary intention, in these Terms and Conditions:

(i) “includes” in any form is not a word of limitation; and (ii) the meaning of “or” will be that of the inclusive “or”, meaning one, some or

all of a number of possibilities. (k) If any of the Terms and Conditions purport to exclude liability for a particular matter,

such exclusion only operates to the extent permitted by law.

3. Application of Terms and Conditions 3.1 Respondent Members

(a) By submitting an EOI in response to this Invitation, each Respondent Member agrees to comply with:

(i) the terms and conditions set out in this Attachment 1; and

(ii) any additional terms and conditions imposed by the State during the Procurement Process for the duration of the Procurement Process,

(the Terms and Conditions).

(b) In consideration of the Respondent Members agreeing to be bound by the Terms and Conditions the State will receive and consider the Respondent's EOI.


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3.2 Respondent Members’ Associates (a) In clauses 4, 5, 6, 9, 11, 12, 14 and 16 of these Terms and Conditions, references to

a Respondent Member includes each of its Associates (the Respondent’s Associate Clauses).

(b) Each Respondent Member must ensure that each of its Associates complies with the Respondent's Associate Clauses as if it was a Respondent Member.

4. State’s rights 4.1 Directions

Each Respondent Member must comply with any direction or requirement of the State given under the Terms and Conditions or issued under any Addenda.

4.2 Discretions By submitting an EOI or Proposal, each Respondent Member acknowledges and agrees that the State reserves the right in its absolute discretion and at any time to:

(a) cancel, suspend or change the Project, the procurement method for the Project, or any aspect of the Procurement Process or to take such other action as the State considers, in its absolute discretion, appropriate in relation to the Procurement Process or the Project;

(b) require additional information from any Respondent Member in which case, the Respondent Member must provide such information within a reasonable time of the State's request;

(c) refuse to consider or evaluate the Respondent’s EOI or Proposal or terminate the Respondent's participation on the Procurement Process if:

(i) any Respondent Member breaches the Terms and Conditions, including if the breach occurred prior to the lodgement of its EOI or Proposal;

(ii) any Respondent Member fails to meet a direction or requirement of the State under this Invitation or the RFP;

(iii) a Respondent's Associate breaches a Respondent's Associate Clause; or

(iv) the Respondent’s EOI or Proposal is materially incomplete or fails to satisfactorily address the Evaluation Criteria.

(d) where the Respondent consists of more than one Respondent Member, hold meetings or workshops or discussions with, or seek information from, one or more Respondent Members at any time during the Procurement Process with or without notifying the other Respondent Members;

(e) not accept the lowest priced Proposal, the highest scoring Proposal, or any Proposal;

(f) change any Evaluation Criteria upon giving reasonable notice to the Respondent;

(g) in selecting the Shortlisted Respondents and the Preferred Respondent, have regard to:

(i) the State’s knowledge and previous experience and dealings with any of the Respondent Members; and

(ii) without limiting paragraph (g)(i), information about the past or current performance of the Respondent or any Respondent Member under any other contract, arrangement or dealing between the Respondent or Respondent Member and a Government Party; and

(iii) information concerning any Respondent Member which is in the public domain or which is obtained by the State through investigations;


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(h) consider and accept any EOI or any Proposal that does not comply with the requirements of this Invitation or the RFP (as the case may be);

(i) change the identity of the entity or person executing the final Project Documents on behalf of the State;

(j) remove or add a Shortlisted Respondent or change the Preferred Respondent;

(k) allow a Competing Respondent to add or remove a member with or without notifying the other Respondents;

(l) discuss and negotiate with the Respondent any matter arising out of this Invitation, their EOI, the RFP or their Proposal, and take such discussions and negotiations into account in its evaluation;

(m) discuss and negotiate with any Competing Respondent any matter arising out of this Invitation, their EOI, the RFP or their Proposal with or without disclosing this to the Respondent, and take such discussions and negotiations into account in its evaluation;

(n) publish the names of the Respondent Members, Shortlisted Respondents and the Preferred Respondent; and

(o) waive any requirement or obligation under this Invitation or the RFP.

The State is not required to give reasons for the exercise of any of the State’s rights in accordance with this clause 4.2.

4.3 State Consent Whenever the consent of the State is required under this Invitation or the RFP, that consent may be given or withheld by the State in the State’s absolute discretion and may be given subject to such conditions as the State may determine.

4.4 No Claim Each Respondent Member releases the State and its Associates from all Liability in relation to the Procurement Process and no Respondent Member will make a Claim against the State or any of the State’s Associates arising out of the exercise or any failure of the State to exercise or perform any rights, obligations or duties under this Invitation, the RFP or otherwise in connection with the Procurement Process. This clause 4.4 may be pleaded by the State or its Associates as a bar to any proceedings commenced by a Respondent Member against the State or its Associates in relation to the Procurement Process.

5. No legal relationship Each Respondent Member acknowledges and agrees that:

(a) neither this Invitation nor the RFP constitute an offer to enter into final Project Documents;

(b) other than the contract that arises as a consequence of the execution of the EOI Form:

(i) no contract exists or will arise between the State and the Respondent in respect of the Project unless and until Contract Close is achieved; and

(ii) neither the State nor the Respondent intend to create a legal relationship.

(c) these Terms and Conditions set out the entire agreement between the parties in respect of the Procurement Process.


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6. Information from the State 6.1 No warranty

Neither the State, nor any Associate of the State, warrant, guarantee or make any representation (express or implied), or assume any duty of care, or accept any liability, with respect to the completeness, accuracy, adequacy or correctness of Disclosed Information.

6.2 Inconsistency The State may elect to issue this Invitation, the RFP and any other Disclosed Information to the Respondent in hard copy and electronically. To the extent that there is any inconsistency between a hard copy and an electronic version, unless the State’s Representative directs otherwise (acting in its discretion), the electronic copy shall take precedence.

6.3 Own enquiries Each Respondent Member agrees that it does not rely on any information provided by the State or its Associates in relation to the Project and that it must make its own enquiries in relation to the Project.

6.4 No details The State is not required, and does not intend to release any details regarding the evaluation process for the EOI Phase or RFP Phase other than as contained in this Invitation or the RFP (as the case may be).

7. Addenda Each Respondent Member agrees that:

(a) at any time during the Procurement Process the State may, for any reason (but without being obliged to do so), amend:

(i) this Invitation; or

(ii) the RFP,

by issuing an Addendum to this Invitation or the RFP. Any Addenda issued shall be deemed to form part of this Invitation or the RFP (as the case may be). None of the State or any of the State's Associates will be liable for any costs, Losses, expenses or damages incurred by the Respondent as a consequence of any such Addenda;

(b) the Respondent must prepare its EOI or Proposal (as the case may be) to take into account and reflect the content of any Addendum; and

(c) this Invitation or the RFP may only be amended or supplemented by Addenda issued under this clause 7. No statement or representation made by the State or by an Associate of the State (whether at an industry briefing, workshop, question and answer session or otherwise) modifies or supplements this Invitation or the RFP, unless the statement or representation is confirmed by an Addendum.

8. Enquiries, clarification and proprietary communications 8.1 Enquiries to the State’s Representative

(a) The Respondent must submit any enquiries or clarification questions regarding the Procurement Process in writing to the State’s Representative or the Probity Adviser (as appropriate) in accordance with Section 7 of this Invitation.

(b) Other than in accordance with clause 8.1(a), a Respondent Member may not directly contact the State to discuss any aspect of the Procurement Process (including this Invitation or RFP).


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8.2 State requests clarification The State may:

(a) request written clarification;

(b) conduct clarification meetings; or

(c) request further information in clarification workshops,

with the Respondent as part of the State’s evaluation process. The Respondent will be notified if clarification is required and the nature of the clarification being sought.

8.3 Respondent requests clarification (a) All requests for clarification from the Respondent in respect of this Invitation or the

RFP must be in writing and in a form required or otherwise approved by the State.

(b) The decision of whether to respond to any request for clarification from the Respondent and the content of any response is at the absolute discretion of the State.

(c) Subject to clause 8.3(d), the State will circulate clarification questions of a general nature together with the State's response to the Respondent and all Competing Respondents (as the case may be).

(d) If the Respondent is of the view that a clarification question is not of a general nature, but relates to proprietary aspects of its EOI or Proposal, the Respondent must identify that question as such when asking the clarification question. If, in the opinion of the State:

(i) the question is not proprietary; the State’s Representative will advise the Respondent who has the option to withdraw the question. If the Respondent continues to request a response to that question, the State's response will be circulated to the Respondent and all Competing Respondents in accordance with clause 8.3(c) above; or

(ii) the question does relate to proprietary aspects of the Respondent’s EOI or Proposal, the State’s response to the question will be provided to the Respondent only (and will not be circulated to any Competing Respondents).

9. Respondent's representations, acknowledgements and warranties

9.1 Acknowledgements Each Respondent Member acknowledges and agrees that:

(a) the entire Procurement Process is being conducted solely for the State’s benefit;

(b) the State will rely upon the warranties given by Respondent Members in clause 9.2, in evaluating any EOI or Proposal;

(c) it will not rely on any oral advice, representation or information given or furnished by or on behalf of the State or the State’s Associates with respect to the Project, Procurement Process or any Disclosed Information;

(d) in no circumstances will the State or any Associate of the State be liable to a Respondent Member whether in contract, tort (including negligence, misrepresentation or breach of warranty), under statute or otherwise for any costs, Losses, expenses or damages incurred or suffered by the Respondent Member as a result of or arising from:


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(i) any incompleteness or inadequacy of, or any inaccuracy or error in, or omission from; or

(ii) any use of, or reliance by, the Respondent Member upon, any Disclosed Information;

(e) it is bound by the content of its EOI or Proposal including any schedules, annexures, attachments and appendices which form part of the EOI or Proposal;

(f) this Invitation, the EOI, the RFP and any Proposal will not form any part of the final Project Documents except to the extent expressly incorporated in the final Project Documents;

(g) the Respondent Member participates in the Procurement Process at its own cost and risk; and

(h) except in the State’s absolute discretion, no payment will be made by the State or the State’s Associates to the Respondent for any costs, losses, expenses or damages incurred by the Respondent in preparing and submitting an EOI or Proposal, or otherwise incurred in respect of:

(i) preparing for and attending any interview, meeting or workshop conducted pursuant to this Invitation or the RFP;

(ii) otherwise participating in the Procurement Process, in accordance with the terms of this Invitation or the RFP; and

(iii) as a consequence of the exercise of the State’s rights in accordance with clause 4.2.

9.2 Representations and warranties By submitting an EOI or Proposal (as the case may be) each Respondent Member represents and warrants that:

(a) it has examined all information and documents which are relevant to the Project;

(b) its EOI or Proposal and any subsequent information submitted to the State pursuant to this Invitation or the RFP (as the case may be):

(i) are based on its own independent assessment and investigations, interpretations, deductions, information and determinations; and

(ii) are complete and accurate;

(c) it has examined all information relevant to the risks, contingencies and other circumstances having an effect on its EOI or Proposal which is obtainable by the making of reasonable enquiries, which enquiries the Respondent has made;

(d) it has not paid or received and will not pay or receive any secret commission in respect of this Invitation or the RFP;

(e) it has not entered and will not enter into any unlawful arrangements with any other person in respect of this Invitation or the RFP;

(f) it has not sought and will not seek to influence any decision in respect of this Invitation or the RFP by improper means;

(g) any information provided to the State during any interview, meeting or workshop or otherwise submitted to the State pursuant to this Invitation or the RFP, is accurate;

(h) it did not place any reliance upon the completeness, accuracy, adequacy or correctness of any Disclosed Information; and

(i) it has complied with its obligations in relation to the registration of any Lobbyist (as that term is defined in the Public Sector Commissioner's Circular 2009-13 “Contact with Lobbyists Code and the Register of Lobbyists”) in relation to the Project. A copy


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of the circular is available at: http://www.publicsector.wa.gov.au/document/public-sector-commissioners-circular-2009-13-contact-lobbyists-code-and-register-lobbyists.

10. Status of EOI, Proposal and Respondent 10.1 Material changes

(a) The Respondent must notify the State promptly in writing of any:

(i) material change:

(ii) to any of the information contained in its EOI or Proposal;

(iii) to any additional information submitted to the State pursuant to this Invitation or the RFP; and

(iv) to any information submitted to the State in any interview, meeting or workshop conducted pursuant to the EOI or RFP;

(v) event which may affect or have an impact on the financial position or capacity of any Respondent Member; or

(vi) circumstances which may affect the truth, completeness or accuracy of any of the information provided in, or in connection with, the EOI or Proposal.

(b) Upon receipt of any written notification pursuant to clause 10.1(a) above, the State reserves the right to assess the change and terminate the Respondent's further participation in the Procurement Process, or to invite the Respondent to amend its EOI or Proposal accordingly.

10.2 Status of Respondent Members (a) If, after lodgement of its EOI or Proposal:

(i) there is a change in the structure of a Respondent Member or there is otherwise a change in Control of a Respondent Member; or

(ii) the Respondent replaces, adds, removes or alters the proposed role of a Respondent Member,

the Respondent must:

(iii) promptly notify the State;

(iv) provide the State with sufficient details of the change; and

(v) provide evidence to the State that the new Respondent Member has agreed to be bound by the Terms and Conditions.

(b) Upon receipt of such notification the State will assess any change and reserves the right to accept the change and impose such conditions as it thinks fit in connection with accepting the change or terminate the Respondent's further participation in the Procurement Process.

10.3 No amendment (a) The Respondent may not amend an EOI or Proposal (unless invited or requested to

do so by the State) after it has been submitted.

(b) Without limiting the State’s rights to invite or request the Respondent or a Competing Respondent to amend its EOI or Proposal, the Respondent acknowledges that the State reserves the right to:

(i) require the Respondent or a Competing Respondent to withdraw any part of its EOI or Proposal which specifies or results in a departure from the


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requirements set out in this Invitation or RFP at any time (including prior to the appointment of any Preferred Respondent); and

(ii) allow the Respondent or a Competing Respondent to correct patent typographical or arithmetic errors in its EOI or Proposal at any time (including prior to the appointment of the Preferred Respondent) without allowing or requiring all Respondents to do so.

10.4 No requirements to return Each Respondent Member agrees that the State will not be required to return the EOI, the Proposal or any documents, materials, articles and information lodged by the Respondent as part of, or in support of, the EOI or Proposal.

11. Confidentiality and Disclosure by Respondent 11.1 Disclosed Information

(a) Each Respondent Member must: (i) keep Disclosed Information confidential, save:

A to the extent it is proven to be necessary to comply with any applicable law;

B where the Respondent Member can demonstrate that the information is already in the public domain (other than due to a breach of its obligations under this Invitation or the RFP);

C where required for preparation of the EOI or Proposal; or D where agreed to or required by the State, and then only in accordance with clause 11.1(a)(vii) below;

(ii) not use, copy, reproduce or distribute any Disclosed Information except as required for the purposes of preparing and lodging an EOI or a Proposal (as the case may be) and otherwise participating in the Procurement Process and then only to the extent reasonably necessary;

(iii) immediately notify the State if it becomes aware of a suspected or actual unauthorised disclosure, copying or use of Disclosed Information;

(iv) immediately take all reasonable steps to prevent or stop any such suspected or actual unauthorised disclosure, copying or use of Disclosed Information (including complying with directions of the State in this regard);

(v) take all reasonable steps to recover any unauthorised Disclosed Information that has been disclosed, used or copied;

(vi) not make a media release or other public announcement or statement in relation to the Project or the Procurement Process without the prior written consent of the State; and

(vii) ensure that each party to whom it discloses Disclosed Information, including any Recipient, complies with the obligations in clauses 11.1(a)(i) to (vi) (Recipient Obligations).

(b) Each Respondent Member agrees to take enforcement action against any Recipient to whom it has disclosed the Disclosed Information in the event that the Recipient breaches any Recipient Obligations.

11.2 Survives Termination The obligations in clause 11.1 continue after termination of the Respondent Member’s participation in the Procurement Process.


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12. State’s Public Disclosure and Freedom of Information 12.1 State’s Public Disclosure Obligations

Each Respondent Member agrees to: (a) the disclosure by any person to the State or the State’s Associates of information

concerning an EOI, a Proposal, the Respondent or a Respondent Member for the purpose of the State exercising its rights set out in this Invitation, the RFP or at law;

(b) the State disclosing any aspect of the EOI, the Proposal or any other information provided by the Respondent to the State during the Procurement Process to enable the State to meet public disclosure obligations the State may have: (i) under any current or future legislation; (ii) under any current or future policy of the State; (iii) in the course of official duties of the Minister of the State; (iv) to satisfy requirements of parliamentary accountability; (v) in annual reports of the State; or (vi) to satisfy any other recognised public requirement, (Public Disclosure Obligations);

(c) the State or the State’s Associates publicly publishing or disclosing (on the internet or otherwise) information in relation to the Procurement Process, the Project or the details of the Respondent and Respondent Members, including the terms and conditions of any final Project Documents.

12.2 State licence Each Respondent Member agrees to grant the State and the State’s Associates an irrevocable, perpetual, royalty free, non-exclusive licence to disclose, copy, use, adapt, modify, sublicense or reproduce the whole or any portion of: (a) the EOI for the purposes of evaluation and clarification of the EOI and for the

purpose of developing the RFP; and (b) the Proposal for the purposes of evaluation and clarification of the Proposal and in

respect of the Preferred Respondent for the finalisation of the Project Documents. 12.3 Freedom of Information Act

Each Respondent Member acknowledges that the Freedom of Information Act 1992 (WA) (FOI Act) applies to the information provided by the Respondent in its EOI or Proposal or as otherwise submitted by the Respondent to the State pursuant to this Invitation or RFP (as the case may be) and that: (a) the FOI Act allows members of the public rights of access to the State’s documents

and the State Associates’ documents; (b) all or part of the information provided by the Respondent may be disclosed to third

parties if there is a requirement to do so under the provisions of the FOI Act; (c) any information that the Respondent considers is commercially sensitive or

confidential must be marked “commercial and confidential”. (This special notation must not be used unless the information is genuinely confidential. Marking information as “commercial and confidential” will not necessarily prevent disclosure of the information in accordance with the FOI Act. Any decision to release information will be determined by the requirements of the FOI Act); and

(d) save to the extent expressly permitted under the FOI Act, no Respondent Member will be able to commence any action or make any claim against the State or the State’s Associates for the release of any information by the State under the FOI Act (including any information submitted by any Respondent Members to the State pursuant to this Invitation or RFP (as the case may be).


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13. Probity 13.1 Inducement

(a) A Respondent Member must not offer any incentive to, or otherwise attempt to, influence any of the persons who are either directly or indirectly involved in the Procurement Process, or in awarding of any subsequent contract.

(b) Without limiting clause 13.1(a), the Respondent must not: (i) without the prior written consent of the State, directly or indirectly approach

or communicate with any officer or employee of the State having any connection or involvement with the Procurement Process and the Project, with respect to: A an offer of employment: or B availability of employment with the Respondent or any related

entity; or (ii) directly or indirectly offer a bribe, gift or inducement to any officer or

employee of the State in connection with the Procurement Process or the Project.

13.2 Probity checks Without limiting the State’s rights pursuant to clause 4.2 each Respondent Member consents to the State undertaking probity checks in respect of the Respondent Member which may include: (a) investigations into commercial structure, business and credit history; (b) prior contract compliance in respect of other projects; (c) police checks or any checks for any criminal records or pending charges; and (d) research into any relevant activity that is, or might reasonably be expected to be, the

subject of regulatory investigation, (Probity Checks).

13.3 Conflict of interest Each Respondent Member must: (a) disclose in the EOI or Proposal submitted by the Respondent (as the case may be)

any circumstances, arrangements or understandings which constitute, or may reasonably be considered to constitute, an actual or potential conflict of interest with the Respondent Member’s obligations under this Invitation or the RFP (including in respect to the Project Documents);

(b) provide details of its proposed strategy for managing any actual or potential conflict of interest disclosed in its EOI or Proposal pursuant to clause 13.3(a) above;

(c) not place itself in a position which may, or will give rise to a conflict of interest, or a potential conflict of interest during the Procurement Process; and

(d) otherwise notify the State promptly in writing upon becoming aware of any actual or perceived circumstances, arrangements or understandings which constitute, or may reasonably be considered to constitute, an actual or potential conflict of interest with the Respondent Member’s obligations under this Invitation or the RFP (including in respect to the Project Documents).

To the extent that the State directs a Respondent Member to take particular action in respect to a conflict of interest, the Respondent Member must comply with such a direction. If a Respondent Member is unable or unwilling to comply with any such direction, the State may exclude the Respondent from further participation in the Procurement Process.

14. Collusion and Related Party Participants 14.1 Collusion

A Respondent Member must not engage in any collusive tendering, anti-competitive conduct or any other similar conduct with any Competing Respondent (or member of a Competing Respondent) or other person in relation to the Procurement Process.


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14.2 Seek to obtain information A Respondent Member must not seek to obtain any information from the State or any of the State’s Associates in respect of a Competing Respondent’s EOI or Proposal.

14.3 Related Party Participants (a) The Respondent must identify in its EOI and Proposal and otherwise immediately

upon becoming aware that a Respondent Member is also:

(i) a member of a Competing Respondent;

(ii) an Associate of a member of a Competing Respondent; or

(iii) a Related Party to a member of a Competing Respondent,

(Related Party Participants).

(b) If the State becomes aware of any Related Party Participants, the State may require such Related Party Participants to:

(i) execute process and confidentiality acknowledgments;

(ii) implement internal governance arrangements and procedures as reasonably required by the State to address the probity and competitiveness concerns of the State;

(iii) provide verification that all the above required procedures are being complied with,

(iv) as a condition to the Respondent continuing to participate in the Procurement Process.

(c) The State reserves its right to disqualify the Respondent from the Procurement Process for breach of any process or confidentiality obligations at any time during the Procurement Process or otherwise in circumstances where a Related Party Participant issue cannot be resolved to the satisfaction of the State.

15. Terms and Conditions applying to the RFP Phase 15.1 Site inspections

(a) During the RFP Phase, if requested by the Respondent, the State’s Representative may give permission for the Respondent to attend the Site.

(b) The Respondent Members must comply with any protocols, procedures or requirements notified by the State prior to or during any inspection.

(c) Each Respondent Member releases the State and the State’s Associates from any Claim or Liability the Respondent Member or its Associates may have against the State arising out of or relating to any Site inspection.

(d) Each Respondent Member indemnifies the State and the State’s Associates from and against any costs, losses, expenses or damages incurred by the State or the State’s Associates arising out of or relating to any Site inspection to the extent caused by the act or omission including any negligence, of the Respondent Member or its Associates.

15.2 Interactive Tender Process During the RFP Phase the State may, but is not obligated to conduct an interactive tender process including interviews, meetings and workshops with the Respondent or any Respondent Member to discuss the Proposal and each Respondent Member must comply with:

(a) any protocols provided by the State to the Respondent; and


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(b) all other relevant probity requirements and procedures notified to the Respondent by the State, from time to time.

15.3 Proposal binding Each Respondent Member agrees that:

(a) the Proposal will constitute an offer to the State for the period specified in the RFP or agreed with the State; and

(b) the Proposal shall remain open for this period notwithstanding that the Respondent is not appointed as the Preferred Respondent.

15.4 Withdrawal The Respondent must not withdraw from, or suspend its involvement in, the Procurement Process.

15.5 Obligation to negotiate If the Respondent is appointed the Preferred Respondent, the Respondent Members must negotiate in good faith with the State to agree and finalise the Project Documents and enter into the final Project Documents.

15.6 Preferred Respondent Each Respondent Member acknowledges and agrees that:

(a) the State may select but is not obliged to select, one or more Respondents as a Preferred Respondent;

(b) the selection of a Preferred Respondent does not constitute an acceptance of the Proposal submitted by the Preferred Respondent or otherwise confer any rights on a Preferred Respondent and is without prejudice to the right of the State to decline to enter into the final Project Documents, or to enter into the final Project Documents with the Respondent or a Competing Respondent;

(c) the State may:

(i) choose to negotiate any aspect of a Preferred Respondent’s Proposal; or

(ii) require a Preferred Respondent to provide a performance guarantee or some other form of security in connection with the Project Agreement on terms and conditions acceptable to the State;

(d) the State may suspend any negotiations with the Preferred Respondent and commence negotiations with any Shortlisted Respondent or appoint any Shortlisted Respondent as the Preferred Respondent, if in the opinion of the State:

(i) timely Contract Close of the Project Documents in terms acceptable to the State is unlikely to be achieved with the Preferred Respondent;

(ii) the Preferred Respondent has breached a term or condition of the Procurement Process;

(iii) there is change to the information on which the State has relied in appointing the Respondent as the Preferred Respondent; or

(iv) for any other reason;

(e) subject to clause 15.6(d), only those issues previously identified by the Preferred Respondent either in its EOI or Proposal, in responses to clarification questions (if any) or from the interactive tender process described in clause 15.2 may be raised by the Preferred Respondent in negotiations in respect of the Project Documents, unless the State otherwise agrees in writing; and


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(f) the State may propose, negotiate with the Preferred Respondent and accept, a solution that departs substantially from the Preferred Respondent’s EOI or Proposal and/or from any solution contemplated by this Procurement Process and such a negotiated outcome will not breach any obligation owed by the State to any Respondent under this Invitation or the RFP.

16. Miscellaneous 16.1 Waiver

(a) Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power, or remedy under this Invitation or the RFP by the State or any of the State’s Associates does not preclude, or operate as an estoppel of any form of, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided under this Invitation, the RFP or provided by law.

(b) If the State or any of the State’s Associates fails or delays in exercising or enforcing any right, power, or remedy under a similar document to this Invitation or the RFP against any member of a Competing Respondent, the Respondent Members will not have or make any Claim against the State in respect of such failure or delay.

16.2 No fettering Each Respondent Member acknowledges and agrees that nothing contained or implied in this Invitation, the RFP or any Project Documents will be construed or interpreted as unlawfully restricting, or otherwise unlawfully affecting the unfettered discretion of the State to exercise any of its executive or statutory powers or functions under any law.

16.3 Severability If any of these Terms and Conditions or any part of them is inconsistent with any law, it will be severed from these Terms and Conditions to the extent of the inconsistency without invalidating or otherwise affecting the enforceability of the remaining Terms and Conditions.

16.4 State’s rights (a) Any matter which may be done by the State may be done by an authorised officer of

the State (including the State’s Representative).

(b) Any notice to be issued under this Invitation or the RFP may be given by the State’s Representative.

16.5 Replacement of State’s Representative The State may, at any time and from time to time, replace the State’s Representative. The State will notify all Respondents of the identity and contact details for the replacement State’s Representative.

17. Lodgement of electronic documents on USB The Respondent agrees that the following applies to an electronic copy of its EOI or Proposal provided by the Respondent on USB:

(a) in the event that there is any discrepancy between the electronic copy of its EOI or Proposal and the hard copy of its EOI or Proposal lodged by the Respondent, the hard copy of its EOI or Proposal will take precedence;

(b) if the electronic copy of its EOI or Proposal contains a virus then, notwithstanding any disclaimer made by the Respondent in respect of viruses, the Respondent must pay to the State all costs incurred by the State arising in connection with the virus;

(c) the State will not be responsible in any way for any loss, damage or corruption of the electronic copy of its EOI or Proposal;


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(d) if the electronic copy of its EOI or Proposal becomes corrupted, illegible or incomplete as a result of transmission, storage, encryption or decryption, then the State may request the Respondent to provide another electronic copy of its EOI or Proposal; and

(e) if the State requests the provision of another electronic copy of its EOI or Proposal, then the Respondent must:

(i) provide the copy within the period specified by the State; and

(ii) provide a statutory declaration that the copy is a true copy of its EOI or Proposal which was lodged in hard copy by the Respondent and that no changes to its EOI or Proposal have been made to its EOI or Proposal as lodged in hard copy.

WA Schools Public Private Partnership Project – Invitation for Expressions of Interest Attachment 2 – EOI response requirements

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Attachment 2 – EOI Response Requirements Part A: General Instructions 1. Overview

The following information requested in section 4 below is to be provided by Respondents as part of their EOI. This information will be evaluated against the Evaluation Criteria.

2. General response instructions Respondents are required to note the following instructions for the EOI: (a) EOI responses are to be structured in accordance with section 3 below and in a

manner that clearly and concisely addresses the EOI response information; (b) each page in the EOI should be clearly numbered and contain the identity of the

Respondent in the header or footer; (c) EOIs are to be sufficiently detailed to enable assessment by the State without

requiring further information from Respondents; (d) Respondents should not include corporate marketing brochures or similar materials

in the EOI and the use of any images should be relevant to the written material; and (e) a separate bound executive summary or the like is not requested or required.

3. EOI structure EOIs should be consistent with the EOI response information structure of section 4 and as summarised below: (a) Part A: EOI Form (refer to Attachment 3) (b) Part B: Response to Evaluation Criteria

(i) B1: Project understanding and approach (ii) B2: Organisational structure, experience and resourcing strategy (iii) B3: Commercial understanding, structure and project finance (iv) B4: Design capability, experience and approach (v) B5: Construction capability, experience and approach (vi) B6: Facilities management capability, experience and approach (vii) B7: Financial capacity

(c) Part C: Additional Information 4. EOI response information

Part A: Respondent's Details Respondents are to complete the EOI Form set out in Attachment 3. Part B: Response requirements for the Evaluation Criteria


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Part B: Response to Evaluation Criteria

The table in this section identifies for each weighted evaluation criterion, the EOI information and content requirements (and applicable page limits) and the relevant evaluation criterion weighting.

Table 11: Weighted Evaluation Criteria

Weighted Criterion EOI content

B1. Project Understanding and Approach – 10% (Limit: 10 pages)

B1.1 The Respondent’s understanding of the Project and its importance to the State.

Demonstrate the Respondent’s understanding of the Project and its importance to the State, particularly in the context of providing quality teaching and learning environments.

B1.2 The Respondent’s approach and strategies for meeting each of the Project Objectives.

Demonstrate the Respondent’s approach and strategies for achieving the requirements of each of the Project Objectives.

B1.3 The Respondent’s understanding and ability to address and incorporate end user considerations into the design, construction and maintenance of the Project.

Demonstrate the Respondent’s understanding of the end user issues and the process of how these will be considered in the design, construction and maintenance of the Project. Include references to strategies that have been successfully used previously.

B1.4 The Respondent’s ability to successfully deliver innovation and value for money outcomes to the State.

Provide examples of opportunities for innovation and value for money outcomes on the Project.

Provide examples of innovation and value for money delivered on other similar projects and how this may relate to the Project.

B2. Organisational Structure, Experience and Resourcing Strategy – 20% (Limit: 10 pages)

B2.1 The Respondent’s organisational structure.

Provide an outline of the proposed Respondent Members and their role in the Project.

Detail the overall organisation structure for the Project, a description of the key roles and provide details of the key personnel filling these roles.

Detail the proposed organisation chart for the D&C Phase and Operational Phase.

Provide an explanation on how these structures will enable the Respondent to successfully deliver the Project.

B2.2 The Respondent’s PPP and/or school experience.

Detail the relevant experience of the Respondent Members in delivering projects through PPP or similar delivery models. Be specific about the role of the Respondents in the project and the relevance this has with this Project.


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Weighted Criterion EOI content

B2.3 The Respondent’s ability to resource and deliver social infrastructure projects, especially schools.

Demonstrate the ability of the Respondent to successfully resource and deliver the Project in accordance with the proposed timetable, based on the Respondent’s track record and its proposed approach for delivering the Project.

B3. Commercial Understanding, Structure and Project Finance – 15% (Limit: 10 pages)

B3.1 The Respondent’s understanding and appreciation of the commercial principles of the Project;

Demonstrated understanding of the commercial principles for this Project and in particular the commercial principles detailed within section 4.2.

B3.2 The suitability and appropriateness of its commercial and contractual structure during each phase to successfully deliver the Project.

Outline the Respondent’s preferred commercial and contractual structure to deliver the Project, including the nature of contractual arrangements between parties and the level of and type of any guarantee(s) and/or parent support expected to be provided.

Provide diagrams of the above-mentioned commercial and contractual structures during each phase of the Project.

Identify the rationale for the Respondent’s preferred commercial structure and how it will facilitate successful delivery of the Project.

Provide details of the key personnel that will form part of the finance team, their role and relevant experience.

B3.3 The Respondent’s skills, track record and capability necessary to secure and provide the required levels of private sector finance for the Project.

Respondent to provide sufficient evidence to allow the State to assess the financial viability, strength and capacity to fulfil its obligations.

Demonstrate how the Respondent intends to fund the Project.

Demonstrate the Respondent’s skills, track record and capability necessary to secure and provide the required levels of private sector finance for the Project, including the ability to:

• develop a suitable financing solution for the Project;

• commit equity to the Project; • raise the required level of debt for the

Project; • achieve competitive finance terms; and • achieve absolute certainty of finance.


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B4. Design Capability, Experience and Approach – 20% (Limit: 10 pages)

B4.1. The Respondent’s design team experience and capacity.

Demonstrate experience of the design team to design schools and/or similar social infrastructure projects. As part of the response provide recent examples (not more than 5) setting out key elements of the projects including:

• the nature of the project and the role undertaken by the Respondent (or consultant, sub-consultant or subcontractor);

• the originally agreed contract sum and date for completion;

• the end contract sum and date of completion (and reasons for any variance);

• details of any innovations on these projects;

• details of problems which arose and how they were overcome; and

• a reference from the project owner.

Provide details of key personnel that will form part of the design team, their role and relevant experience.

B4.2 The Respondent’s design team experience and capability working in a PPP contracting environment.

The Respondent’s proposed approach for undertaking the design task on this Project. Explain the advantages of this approach.

Provide details on any Project issues and risks that will need to be considered through the design process.

B4.3 The Respondent’s approach for undertaking the design task.

Provide details of the Respondent's proposed approach in:

• managing design input from Project stakeholders; and

• managing design and construction interfaces with third parties.


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B5. Construction Capability, Experience and Approach – 15% (Limit: 10 pages)

B5.1 The Respondent’s construction team experience and capacity.

Demonstrate experience of the construction team to construct schools and/or similar social infrastructure projects. As part of the response provide recent examples (not more than 5) setting out key elements of the projects including:

• the nature of the project and the role undertaken by the Respondent (or contractor or subcontractor);






Provide details of key personnel that will form part of the construction team, their role and relevant experience.

The Respondent’s proposed approach for undertaking the construction, focusing on the Project issues and risks. Explain the advantages of this approach.

Address how it will manage multiple sites concurrently and in the context of Stage 2 construction within or next to an operating school environment.

B5.2 The Respondent’s construction team experience and capability working in a PPP contracting environment.

The Respondent’s proposed approach for undertaking the construction task on this Project. Explain the advantages of this approach.

Provide details on any Project issues and risks that will need to be considered through the construction process.

B5.3 The Respondent’s approach for undertaking the construction task.

Provide details of the Respondent's proposed approach in:

• managing construction input from Project stakeholders; and

• managing design and construction interfaces with third parties.


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B6. Facilities Management Capability, Experience and Approach – 20% (Limit: 10 pages)

B6.1 The Respondent’s experience and capacity of its facilities management team to maintain comparable infrastructure, especially schools.

Demonstrated experience of the facilities management team to maintain schools and/or similar social infrastructure facilities, including:

• the nature of the facility and the role undertaken by the Respondent;






Provide details of key personnel that will form part of the facilities management team, their role and relevant experience.

B6.2 The Respondent’s approach for the delivery of facilities management services across multiple sites for the Project.

The Respondent’s proposed approach for undertaking the facilities management, focusing on the Project issues and risks.

Within the approach address how it will manage the transition from construction to operations as well as the impact of any staging and multiple sites. Explain the advantages of this approach.

B6.3 The Respondent’s proposed approach to accommodate facilities management input into design, with a view to achieving effective whole of life design outcomes that offer value for money for the State.

Provide a response that explains how the facilities management team will input into the design development and construction to achieve effective whole of life outcomes.


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Table 11: Non-Weighted Evaluation Criteria Non-Weighted Criterion EOI content

B7. Financial Capacity

B7.1 Demonstrate that each Respondent Member has the financial strength, capacity and experience to successfully deliver its aspect of the Project and can contribute to the overall ability of the Respondent to finance and deliver all aspects of the Project.

For each Respondent Member provide: • profile for each director and executive

including qualifications, experience and position;

• a brief history of the entity including the year when operations commenced, and any major changes in corporate structure, acquisitions, disposals etc;

• the corporate family tree, outlining the immediate and ultimate parent, subsidiaries and other related entities; and

• financial statements (profit and loss, balance sheet, cash flow and notes) for the three most recent full financial periods.


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Part C: Additional Information

Respondents are encouraged to provide feedback on any issues of its choosing relating to the Project. Any information provided in response to this Part C will not be considered in the evaluation of the EOIs.

WA Schools Public Private Partnership Project – Invitation for Expressions of Interest Attachment 3 – EOI response form

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Attachment 3 – EOI Response Information

1. Respondent Details

1.1 Respondent Members

The Respondent Members are as follows:

Respondent Member corporate information*

Full name: [insert]

Place and date of incorporation: [insert]

Company number: [insert]

Address of registered office: [insert]

Address for notices: [insert]

Email address for notices: [insert]

Telephone number: [insert]

Name and position of the individual nominated as Respondent’s contact:

[insert]

* Please duplicate this table for each Respondent Member

1.2 Respondent’s Associates

The Respondent's Associates are as follows:

Organisation Role

[insert] [insert]

[insert] [insert]

[insert] [insert]

[insert] [insert]

[insert] [insert]

Response instruction: The Respondent is to complete this form in this format. This Response Form is to be signed by each Respondent Member.

Response instruction: Provide the following details in relation to each Respondent Member and the Project Company (if applicable). Respondent Members must include each lead Financier, lead construction contractor, lead services provider and Project Company (if applicable). A Lead Respondent Member must also be identified.

Response instruction: Provide a list of the Respondent’s Associates including consultants, advisors, contractors and subcontractors that have been engaged by the Respondent Members to assist in the preparation of this EOI and/or going forward in the Procurement Process if shortlisted.


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Organisation Role

[insert] [insert]

[insert] [insert]

1.3 Related Party Participants

1.4 Potential additional Respondent Members

2. Terms and Conditions

By lodging its EOI, each Respondent Member confirms and agrees that it is bound by the Process Terms.

Dated the [insert] day of [insert] 2014.

Signed for and on behalf of [insert] (ABN [insert]) by its attorney under power of attorney dated [insert], in the presence of:

Signature of witness Signature of attorney

Full name of witness Full name of attorney

Or:

Executed by [insert Company name] in accordance with section 127 of the

Response instruction: Disclose all Related Party Participants of each Respondent Member that may also be a member of a competing Respondent.

Response instruction: Provide details of any areas in which the Respondent is currently incomplete and the proposed approach and timing of obtaining the relevant expertise (including the identity of any additional Respondent Members).

Response instruction: To be signed by duly authorised officers for each Respondent Member using one of the execution blocks below. The State reserves the right to ensure each Respondent Member has signed the Response Form before further considering the EOI.


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Corporations Act 2001 (Cth):

Signature of director Signature of company secretary/director

Full name of director Full name of company secretary/director