Scheme Details
In 2012, the New South Wales Treasury (‘Treasury') established a prequalification scheme of lead Advisers to advise the Government in relation to any corporate advisory projects, commercial asset sale transactions and public private partnership projects for a 3 year period (‘the Scheme’).
In February 2015, the Scheme was extended for another 3 years through a re-launched EOI (with an option for two one year extensions should the Government deem the need for a continuation of the Scheme i.e. 3+1+1).
Treasury is seeking expressions of interest (‘EOI’) from suitable organisations for the new prequalification Scheme to advise the Government over a further extended 3year period (with an option for two one year extensions should the Government deem the need for a continuation of the Scheme i.e. 3+1+1).
NOTE: This reissue of The Expression of Interest for the existing Prequalification Scheme is for NEW PROPONENTS ONLY.
PART A: Corporate and Transactions Advisory, Financial Adviser;
PART B: Corporate and Transactions Advisory, Accounting and Tax Adviser;
PART C: Public Private Partnership, Financial Adviser; and
PART D: Public Private Partnership, Specialist Industry Adviser
Interested Parties may submit proposals for one or more of the above Scheme appointments. The Corporate and Transactions Advisory and PPP Financial and Specialist Industry Advisory Scheme will be made up of selected proponents ('Selected Proponents') who are qualified to provide financial, accounting and tax advice, PPP financial and PPP specialist industry advice in relation to corporate advisory projects, commercial asset sale transactions and PPP projects.
The Scheme will comprise of shortlisted Respondents who are suitably qualified to provide advice and project leadership for Commercial Projects, State Asset Divestment Projects, PPP projects, and expert advice on specific projects that are not typical PPP projects.
The National Public Private Partnership Guidelines 2008 governs the procurement of Public Private Partnerships(‘PPP’),with NSW requirements detailed in NSW Public Private Partnership Guidelines (2012).
To assist in the evaluation and development of projects under these Guidelines, Treasury maintains two categories in the PPP pre-qualified scheme:
1. a category of pre-qualified financial advisers to assist the Government with PPP projects; and
2. a category of pre-qualified specialist industry advisers to assist the Government with projects
Note: Interested parties may submit proposals for one or more of the above scheme appointments.
Vendor Instruction
SUPPLIERS CURRENTLY LISTED ON THE SCHEME DO NOT NEED TO RE APPLY AT THIS TIME.
All prospective proponents should read and understand the EOI to ensure they can fulfil the capability and capacity criteria, prior to submitting an application.
All prospective proponents must address and provide a response to ALL the criteria for the capability that they are applying for or the application will be deemed non-compliant.
All new applications must be submitted electronically via NSW eTenders.
Proposals will be accepted at any time during the open period and must be uploaded to the e-tendering website in accordance with the instructions for electronic lodgement provided at that website.
Respondents should lodge an electronic copy of their Proposal in Adobe PDF format and will be treated in accordance with the Electronic Transactions Act 2000 (NSW). Respondents must be a registered user in order to submit a Proposal.
Proposals must be limited to no more than 20 standard A4 sized pages (not including CV's, appendices and attachments), with a minimum font size of 11 Point.
Please refer to Terms and Conditions section of this page for further instructions.
Applicants should be aware that once an application has been submitted, it cannot be withdrawn or modified. Applicants should take care to ensure they understand all requirements before submitting an application.
Prequalification Types
Full PrequalificationSame as base
Documents
Terms and ConditionsCapabilities
The Applicant must identify its areas of substantial expertise by nominating the categories in which it is seeking prequalification.
-
1. Corporate & Transaction Advisory – 1a. Financial Adviser
<P> <PB> Ability to provide financial advice in relation to corporate advisory projects and commercial asset sale transactions such as the provision of corporate advisory services; SOC performance and valuations; general advice in connection with the State finances and State balance sheet issues; executing the transaction in accordance with Government requirements; leading and managing the transaction, including coordinating input from other parties and stakeholders as required. -
1. Corporate & Transaction Advisory – 1b. Tax/Accounting Adviser
Ability to provide tax and accounting advice in relation to corporate advisory projects and commercial asset sale transactions such as the provision of corporate advisory services; SOC performance and valuations; general advice in connection with the State finances and State balance sheet issues. -
2. Public Private Partnership Prequalification Scheme – 2a. PPP Financial Adviser
The PPP Financial Advisers will be required to perform or advise on activities such as feasibility studies assessing the suitability of PPPs, including defining reference projects; risk allocation matrices; public sector comparators; market testing; tender documentation; contract clauses; design of payment schedules incorporating performance incentives; negotiating with preferred suppliers -
2. Public Private Partnership Prequalification Scheme – 2b. PPP Specialist Industry Adviser
The PPP Specialist Industry Adviser will be required to perform or advise on activities such as capital structure reviews; project investment decisions; due diligence; market assessments/appetite; business valuations; risk assessment; access pricing; corporate recovery and financial restructuring; potential sales and acquisitions -
3. Corporate & Transaction Advisory – Legal Adviser
Legal advisers to Government on commercial asset sale projects and other commercial matters will be required to provide specialist advice within their area of expertise, including; •review any earlier assessments of legal issues pertaining to the proposed transaction for currency and update as required; •undertake legal due diligence of the SOC's business structure, operations and legal arrangements to identify legal impediments to a transaction and the means by which these may be resolved in the most efficient and effective manner, including any consultation with the ACCC; •prepare documentation such as sale agreements and confidentiality deed polls;
Full Prequalification Questionnaire
The Applicant must answer the following questions based on the prequalification type they are applying for
Areas of Expertise
Please define area of expertise
Part A: Financial Adviser Evaluation Criteria
ROLE OF THE FINANCIAL ADVISER
Interested parties may submit proposals for providing specialist advice in relation to corporate advisory and/or transaction advisory.
1.1 Corporate Advisory
Advisers to the Government will be required to provide specialist advice within their area of expertise on specific corporate and financial matters, such as the provision of corporate advisory services, SOC performance and valuations, and general advice in connection with the State finances and State balance sheet issues.
1.2.Transaction Advisory
Financial advisers to Government on commercial asset sale projects will be required to provide specialist advice within their area of expertise as well as having a lead role in project co-ordination and management.
A financial adviser is normally required to undertake a pre-transaction scoping and strategy study for Government consideration in advance of launching a commercial asset sale process.
The financial adviser is responsible for executing the transaction in accordance with Government requirements. The role involves leading and managing the transaction, including coordinating input from other parties and stakeholders as required.
Respondents should outline their capability to lead and manage a potential trade sale, lease and/or an IPO process.
Capability, capacity and previous experience of the organisation and nominated key personnel in advising on major Government business transactions and/or advisory projects and/or private sector transactions and/or advisory projects, including specific transactional or advisory experience with a focus on the last 5 to 10 years:
When citing experience, Respondents are required to disclose the precise nature of the role performed and any other relevant details in relation to the following:
- Equity Markets
- Debt Markets
- Independent Adviser
- Corporate Adviser
- Mergers and Acquisitions (M&A); and
In relation to advisory roles for the following:
- Australian Government (Commonwealth or State);
- NSW or other Australian State Owned business enterprise;
- Private sector organisation; and
- Foreign Government bodies
Evidence of, or an understanding of, the financial, commercial, policy and regulatory issues in a government context relevant to major asset sale transactions and/ or advisory projects.
Knowledge and understanding of the relevant industries, in which the State has commercial business operations, and relevant regulatory frameworks. Respondents are required to disclose any industry or sector expertise they may deem relevant
Demonstrated understanding of Government processes and the general approach to key matters such as, but not limited to, project management , engaging with the SOCs and key stakeholders, identifying key issues for a scoping and strategy study, undertaking vendor due diligence, ability to perform detailed and complex financial modeling, executing a transaction and post transaction advice.
Demonstrated ability to work with government and a number of other Advisers as part of a multi-disciplinary team, including the ability to co-ordinate other Advisers and to draft complex documentation such as, but not limited to, scoping and strategy reports/ feasibility studies, business cases, and information memorandums.
Part B: Corporate And Transactions Advisory Scheme, Accounting & Tax Adviser Evaluation Criteria
ROLE OF THE ACCOUNTING AND TAX ADVISER
Accounting and tax advisers to Government on commercial asset sale projects and other commercial matters will be required to provide specialist advice within their area of expertise.
1.1 Corporate Advisory
Advisers to the Government will be required to provide specialist advice within their area of expertise on specific corporate and financial matters, such as the provision of corporate advisory services, SOC performance and valuations, and general advice in connection with the State finances and State balance sheet issues.
1.2 Transaction Advisory
Accounting and Tax advisers to Government on commercial asset sale projects will be required to provide specialist advice within their area of expertise.
Generally, the financial adviser will be primarily responsible for executing any transaction in accordance with Government's approved strategy. However it is expected that the accounting and tax adviser will also be required to perform some of the following:
- review any earlier assessments of accounting and tax issues attaching to the proposed transaction for currency and update as required;
- undertake vendor due diligence of the SOC's business structure, and operations to identify any accounting and tax or structuring impediments to a transaction and the means by which these may be resolved in the most efficient and effective manner;
- provide specialist input and advice on accounting and tax issues relating to a transaction;
- review and/or audit complex and detailed financial models;
- preparation of transaction-related documentation such as pro forma profit and loss statements and balance sheets, forecasts, value of the business, as required; and
- contribute to the development of Project Plans;
- providing regular updates to Treasury on project status and any timetable risks;
- attend meetings with Treasury, as required (such as, working groups and steering committee), and the Treasurer to present reports, advice and updates.
Capability, capacity and previous experience of the organisation and nominated key personnel in advising on major Government business transactions and/or advisory projects and/or private sector transactions and/or advisory projects, including specific transactional or advisory experience with a focus on the last 5 to 10 years:
When citing experience, Respondents are required to disclose the precise nature of the role performed and any other relevant details in relation to advisory roles for the following:
- Australian Government (Commonwealth or State);
- NSW or other Australian State Owned business enterprise;
- private sector organisation; and
- foreign Government bodies
Evidence of, or an understanding of, the accounting, tax, commercial and policy issues in a government context relevant to major asset sale transactions and/ or advisory projects.
Knowledge and understanding of the relevant industries, in which the State has commercial business operations, and relevant regulatory frameworks. Respondents are required to disclose any industry or sector expertise they may deem relevant
Demonstrated understanding of Government processes and the general approach to key matters such as, but not limited to, engaging with the SOCs and key stakeholders, identifying accounting and tax issues, undertaking vendor due diligence, executing a transaction (including financial close) , reviewing/ auditing complex and detailed financial model(s), and tax advice (including private binding rulings).
Demonstrated ability to work with government and a number of other Advisers as part of a multi-disciplinary team, including the ability to co-ordinate other Advisers and to draft complex documentation such as, but not limited to, sale agreements, vendor due diligence reports, and ACCC submissions
Part C: Public Private Partnership Advisory Scheme, Financial Adviser
ROLE OF THE PPP FINANCIAL ADVISER
Financial advisers to Government on PPP projects will be required to have a broad range of financial and other skills as well as having specific experience in PPP projects.
The financial advisers will be required to perform or advise on the following activities:
- feasibility studies assessing the suitability of PPPs, including defining reference projects;
- risk allocation matrices;
- public sector comparators;
- market testing;
- tender documentation;
- contract clauses;
- design of payment schedules incorporating performance incentives; and
- negotiating with preferred proponents.
Capability, capacity and previous experience of the firm and nominated key personnel in advising government and/or the private sector on the delivery of PPP projects;
Capability, capacity and previous experience of the firm and nominated key personnel in acting for Government authorities as a financial adviser;
Demonstrated ability to work with government and a number of other Advisers as part of a multi-disciplinary team, including the ability to co-ordinate other Advisers and to draft complex documentation.
Previous experience of the organisation and/or key nominated personnel in the following:
- preparing feasibility reports;
- market testing;
- preparing risk analysis;
- preparing public sector comparators
- advising on payment mechanisms
- tender evaluation; and
- contract negotiations.
Demonstrated evidence of a working knowledge of the National PPP Guidelines and NSW Public Private Partnership Guidelines (2012).
Capability and capacity of the organisation to provide associated expert advice in the areas of taxation, accounting and contractual matters.
Part D: Public Private Partnership Advisory Scheme, Specialist Industry Adviser Evaluation Criteria
ROLE OF THE PPP SPECIALIST INDUSTRY ADVISER
Specialist industry advisers (‘Specialist Industry Adviser’) to Government should be experienced in providing expert advice on specific projects that are not typical PPP projects. These projects may or may not involve the private sector.
Specialist Industry Advisers will be required to perform or advise on the following activities;
- capital structure reviews;
- project investment decisions;
- due diligence;
- market assessments/appetite;
- business valuations;
- risk assessment;
- access pricing;
- corporate recovery and financial restructuring; and
- potential sales and acquisitions.
Capability, capacity and previous experience of the firm and nominated key personnel in advising government and/or the private sector on the delivery of infrastructure projects.
Capability, capacity and previous experience of the firm and nominated key personnel in acting for Government authorities as a financial adviser;
Demonstrated ability to work with government and a number of other Advisers as part of a multi-disciplinary team, including the ability to co-ordinate other Advisers and to draft complex documentation.
Evidence of understanding of what is required to undertake the following:
- capital structure reviews;
- project investment decisions;
- due diligence reviews;
- market assessments/appetite;
- business valuations;
- risk assessments;
- reviews of access pricing;
- corporate recovery and financial restructuring; and
- potential sales and acquisitions
Previous experience of the organisation and/or key nominated personnel in the following:
- capital structure reviews;
- project investment decisions;
- due diligence reviews;
- market assessments/appetite;
- business valuations;
- risk assessments;
- reviews of access pricing;
- corporate recovery and financial restructuring; and
- potential sales and acquisitions
Part E General Information
Please list the details of all offices located in Australia including the number of staff in each office
Please provide ASIC statement of organisation status
Please provide details of any other panels (Commonwealth, NSW or other State governments) of which the Respondent is a member.
Please provided key specified personnel, including CV's
Please provide your general approach to pricing offers and value for money statement
Please provide details of referees supporting the organisation's experience and capability
Organisation Insurances
Please provide proof of insurance
Certifiate of Currency
Certifcate of Currency
Certifiate of currency
Proposal
Please upload an electronic copy of your Proposal (including CV's, appendices and attachments).
Please ensure your proposal meets all requirements contained within the Terms and Conditions section of this page.
Please note that your proposal must address and respond to ALL criteria for the Capability that you are applying for or the application will be deemed non-compliant.
Your responses to the Evaluation Criteria in the attached Proposal must be consistent with your responses above.
Conflicts of interest
Confidentiality and Privacy Deed
Agreement to Consultancy Agreement
Amendment History
- 11-Feb-2015 3:25pm
glitch in the system.
- 4-Jun-2015 1:40pm
The Scheme has been extended until 30th April 2016.
- 4-Jun-2015 1:51pm
The Scgeme has now been extended until 30th April 2016
- 15-Jun-2015 9:01am
Please note:
The Scheme has been extended to 30th June 2018.
- 15-Jun-2015 9:03am
Please note:
The Scheme has been extended to 30th June 2018.
- 11-Feb-2016 3:26pm
Scheme re-opened
- 11-Feb-2016 3:35pm
Scheme re-opened
- 1-Apr-2016 11:32am
Updated documents
- 28-Jan-2022 2:39pm
Termination of SCM0135 Treasury Corporate and Transactions Advisory and PPP Financial and Specialist Industry Prequalification Scheme on 30 June 2022
This notice is to inform prequalified service providers of the termination of SCM0135 Treasury Corporate and Transactions Advisory and PPP Financial and Specialist Industry Prequalification scheme on 30 June 2022.
Please note that as a result of this termination you will no longer be able to be engaged by the NSW Government under this prequalification scheme after 30 June 2022. As Administrators of the scheme, New South Wales Treasury (‘Treasury') therefore recommends that service providers currently prequalified under scheme SCM0135 assess suitability for prequalification under whole of government SCM0005 Performance and Management services scheme under the following capabilities:
SCM0135
SCM0005 PMS Scheme Categories
1a. Corporate & Transaction Advisory. Financial Adviser
Apply for 5F Financial and economic advisory services
2a. Public Private Partnership. PPP Financial Adviser
Apply for 5A Accounting services
2b. Public Private Partnership. PPP Specialist Industry Adviser
Apply for 5A Accounting services
1b. Corporate & Transaction Advisory. Tax/Accounting Adviser
Apply for 5A Accounting services
Service providers currently prequalified under capability 3. Corporate & Transaction Advisory under SCM0135 are informed that future requirements for legal advisors will be managed through the 2021/001 NSW Government Legal Services Panel. Service providers not on the list of approved legal providers may have the opportunity to be engaged for work requiring unique or specialist expertise or resources that an agency considers are not available among service providers on the panel, or for matters that may arise in new categories of legal work.
For further enquiries, service providers can call the NSW Procurement Service Centre on 1800 679 289 or email them at nswbuy@treasury.nsw.gov.au.
Treasury would like thank all service providers for their services to Treasury and look forward to your ongoing support to government.
