12.  Request for proposal requirements

Consistent with existing arrangements, under the national PPP policy, the request for proposal (RFP) document will include comprehensive contractual documentation. Release of the contract as part of-and concurrently with-the RFP ensures that all parties are aware of-and have enough opportunity to consider-the specific contractual terms that government is seeking.

As part of the RFP response, bidders should be asked to provide a departures schedule which identifies all instances where they have departed from the draft contractual documents included as part of the RFP, including the rationale and cost for each departure. Bidders should also be asked to submit fully marked up contractual documents.

As part of the RFP response, bidders should be asked for evidence of committed finance and technical capabilities at bid submission, unless specific project circumstances deem otherwise. The specifications regarding what constitutes a conforming or non-conforming proposal must be set out in the documentation issued to proponents in the RFP documentation.

Bidders must also consider and comply with the following government policies and guidelines, in particular:

•  State Procurement Policy;

•  Local Industry Policy;

•  Arts + Place Policy;

•  Building and Construction Contracts; Structured Training Policy (10 per cent Training Policy)

•  Employment Security Policy.

Agencies should also ensure the final project outcome is consistent with the National Competition Policy, the Competition Principles Agreement and Foreign Investment Review Board requirements.

PPP projects and the activities that occur during the process of establishing a PPP project must comply with all current and future relevant legislation including:

•  Right to Information Act 2009 (Qld);

•  Information Privacy Act 2009 (QLD)

•  Public Sector Ethics Act 1994 (Qld); and

•  Financial Accountability Act 2009 (QLD)

Taxation rulings are not typically required at the bid submission stage, however the State's standard policy is for a private binding tax ruling as a condition precedent to financial close. The RFP should indicate this requirement. Procuring agencies are to consult with Queensland Treasury on taxation issues.