(e)
The Tenderer’s attention is drawn to Section 26(1)(f) of the
Fair Work (Building Industry –
Accreditation Scheme) Regulation 2016 (Cth), which outlines provisions applying to joint
ventures that include accredited and unaccredited members.
4.12
RMS
D
ATA
(a)
RMS has arranged for others to undertake geotechnical investigations, testing and
modelling in
the area of and adjacent to the Construction Site. Documents in relation to the geotechnical
investigations, testing and flood and noise modelling and RMS’ current investigation, testing and
modelling program have been or are to be provided to the Tenderers, subject to the Deed of
Disclaimer, as Information Documents.
(b)
The Tenderer must satisfy itself as to, and make its own assessment of, the geotechnical and other
conditions in the area of and adjacent to the Construction Site and elsewhere, except that subject
to clause 4.12(c) of this Request for Tender, RMS acknowledges that the Tenderer, if it enters
into the
Project Deed, may rely on the RMS Data (within the meaning of that term in the Project
Deed) but only for the purposes of claiming:
(i)
Variations under and in accordance with the Project Deed; and
(ii)
extensions of time, if any, under and in accordance with the Project Deed, arising from a
Variation (if any) under and in accordance with the Project Deed.
(c)
The Tenderer acknowledges that:
(i)
the Tenderer cannot rely on the RMS Data on the basis referred to in clause 4.12(b) of
this Request for Tender to the extent that:
A.
the Tenderer's review, tests, enquiries, investigations and advice indicates; or
B.
a prudent and competent contractor in the position of the Tenderer, who had
examined:
1)
all information made available in writing by RMS or anyone on behalf of
RMS to the Tenderer for the purpose of tendering and up to the date of the
Project Deed;
2)
all information relevant to the risks, contingencies and other circumstances
having an effect on the Tenderer's tender and
obtainable by the making of
reasonable enquiries; and
3)
the Construction Site, the Environment and their surroundings (within the
meaning of those terms in the Project Deed),
would have known or determined, that the RMS Data was not correct; and
(ii)
the acknowledgement of RMS under clause 4.12(b) of this Request for Tender does not
extend to any interpretation, extrapolation, conclusion, assumption,
projection or analysis
of the RMS Data whether it is contained or stated in the Information Documents or made,
drawn or undertaken by the Tenderer.
(d)
Without limiting the Deed of Disclaimer, all information within
the knowledge, possession or
control of RMS, other government departments or agencies or their respective officers,
employees, consultants, contractors or agents concerning the geotechnical conditions, whether
available in an
Information Document or not, is not to be relied upon except to the extent
acknowledged by the RMS under clause 4.12(b) of this Request for Tender.
IC-DC-C92
D&C Request for Tender
Edition 1, Revision 21, September 2017
Page 45
(e)
RMS does not adopt and makes no warranty or representation, and does not assume any duty of
care to the Tenderer that any information referred to in clause 4.12(d) of this Request for Tender
is accurate, adequate, suitable or complete, or representative of the actual conditions to be found.
4.13
I
NFORMATION
D
OCUMENTS
(a)
With respect to the Information Documents, by submitting a Tender, Tenderers acknowledge
that:
(i)
Information Documents referred to in Schedule A to
the Deed of Disclaimer, have been
provided separately and have been made available for the information only of the
Tenderer as set out in clause 1.3 and clause 1.4 of this Request for Tender;
(ii)
other Information Documents may be issued to the Tenderer by RMS from time to time
prior to and after the Closing Date and Time for the information only of the Tenderer;
(iii)
the Information Documents do not form part of the Tender Documents and will not form
part of any eventual contract for the Contractor’s Work; and
(iv)
in addition to the matters set out in the Deed of Disclaimer, where any information, data
or document is referred to and incorporated by reference in an Information Document,
Tenderers are not to rely upon any summary of the information, data or document which
appears in the Information Document.
(b)
Before the Tender Documents or any Information Documents were made available to the
Tenderer, each Participant in the Tenderer executed the Deed of Disclaimer and returned it to
RMS Representative.
(c)
By submitting a Tender, the Tenderer acknowledges that there may be other information or
documents within the knowledge, possession or control of RMS, other government departments
or agencies or their respective officers, employees, consultants, contractors or agents, which are
relevant to the Project, this Request for Tender or the preparation or lodging of the Tenderer's
Tender, which have not been provided to the Tenderer or to which reference has not been made.
Despite whatever information is provided to the Tenderer by, or withheld from the Tenderer by,
or obtained by the Tenderer from,
any federal, state or local government department or agency
(including RMS) or their respective officers, employees, consultants, contractors or agents or
others, the Tenderer must rely only upon its own investigations, evaluations, enquiries,
interpretations and sources and its own assessments of the Project and as
to all matters and things
relevant to the Tenderer's Tender.
(d)
RMS makes no warranty or representation, and does not assume any duty of care to the Tenderer,
that the information, data and documents in the Tender Documents and the Information
Documents are accurate, adequate, suitable or complete and RMS accepts no responsibility and
shall not be liable for interpretations placed by the Tenderer on the information,
data and
documents, whether contained in an Information Document or not. The Tenderer must submit its
Tender based on its own investigations and determinations and must not rely on the information,
data and documents contained in those documents except to the extent acknowledged by the RMS
under clause 4.12(b) of this Request for Tender.
4.14
M
EETINGS
(a)
RMS may convene meetings/workshops prior to the Closing Date and Time for the information
only of Tenderers in accordance with this clause 4.14.
IC-DC-C92
D&C Request for Tender
Edition 1, Revision 21, September 2017
Page 46