10.5.1  Completion

(a)  For Completion to be achieved, a number of criteria will need to be met, including:

(i)  the works must be completed except for minor defects25 and the facility must be fit for the intended purposes;

(ii)  all commissioning tests must have been carried out in accordance with the Output Specifications and the commissioning plan;26

(iii)  all consents, approvals, authorisations and certificates required for the facility to be occupied and used for its intended purposes (including a certificate of occupancy) must have been obtained and complied with;

(iv)  all rubbish, construction machinery, equipment and materials must have been removed from the site;

(v)  the private party must have provided government with all material documents and information (including all as-built documentation and operating manuals);

(vi)  the private party must have provided copies of relevant insurance policies; and

(vii)  all other tests and requirements required to satisfy the completion certifier27 that operations (in accordance with Output Specifications) can commence must have been satisfied.28

(b)  Within a specified period after the completion certifier considers that Completion has been reached, the completion certifier must issue a 'Certificate of Completion' and advise of any minor defects remaining outstanding (refer to section 10.6.1). If the completion certifier does not consider that Completion has been achieved, he/she must promptly notify the private party and government.  

(c)  Jurisdictions may, depending on the nature of the project, implement a two-stage process for Completion, consisting of Technical Completion and Commercial Acceptance.  This approach is recommended where:

(i)  a significant period of time is required technically to test the functionality of the facility once it is completed;

(ii)  there is significant training of government staff required to be undertaken by the private party before the facility is operational and prior to operations; or

(iii)  there are a large number of transitional activities that need to be undertaken before the facility is operational.  

(d)  Where this two-stage Completion process is used, as the first stage, Technical Completion must be certified as having occurred. Generally this will require meeting the criteria set out in paragraphs (a)(i) to (a)(iv) above. A second and final commissioning period will then commence which will often include training, transition activities and further testing of the functionality of the facility and the meeting of the criteria set out in paragraphs (a)(v) to (a) (vii) above. Commercial Acceptance will be certified on the successful completion of these activities and the satisfaction of any other criteria specified in the project agreement.

(e)  Certification of Completion will not of itself be evidence that any works have been carried out in accordance with the project agreement.

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25  See discussion in section 10.6.

26  The Completion and commissioning tests and generally the criteria for determining whether Completion has been achieved will be agreed as part of the project agreement.

27  See discussion in section 10.5.4.  This role may be carried out by the Project Director or an independent completion certifier engaged by government and the private party.

28  Projects involving phased Completion may require additional tests to be satisfied for Completion to be reached, such as equipment or people having been relocated from an existing site.  In addition, the Completion procedure for projects involving government furnished equipment will need to allow for the installation and testing of such equipment.  Risk allocation issues in respect of such equipment will be considered on a project by project basis.