(b)
A meeting with all Tenderers
will be held on [insert date] . Tenderers will be advised of the
location and time by RMS Representative. Any questions and matters for discussion or
clarification should be submitted to RMS Representative in writing before that meeting.
(c)
An inspection of the Construction Site will be held on
[insert date] . Details of the inspection will
be advised by RMS Representative.
(d)
Meetings / workshops will be held individually with each of the Tenderers to
provide positive
guidance to the Tenderers in relation to scope, technical, construction and design issues arising
from this Request for Tender on the following dates:
(i)
[insert date]
(ii)
[insert date]
The dates of the meetings and the number of meetings are indicative only. The actual dates and
the number of positive guidance meetings will respond to the issues that arise and the needs of the
Tenderers.
The purpose of these meetings/workshops will be to:
(i)
avoid unproductive work being carried out by the Tenderers;
(ii)
provide guidance from RMS in relation to the acceptability of alternatives that the
Tenderers are considering; and
(iii)
reduce the likelihood of the Tenderers submitting unacceptable solutions in their Tenders.
(e)
Tenderers will be advised of locations and times for these meetings/workshops by RMS
Representative. Tenderers will be required to submit details on any matters
for discussion and
questions to RMS Representative in writing at least 3 Business Days before the
meetings/workshops.
(f)
In relation to the process for meetings / workshops under clause 4.14(d), the Tenderer:
(i)
acknowledges that:
A.
the Project is of critical strategic importance to RMS;
B.
it is essential that RMS only engage the Recommended Tenderer under the
Project Deed once it has satisfied itself as to value for money and appropriateness
of the Recommended Tenderer;
C.
the workshops will be conducted in accordance with the following procedure:
(1)
RMS will separately meet with representatives of each Tenderer and the
protocol for each meeting/workshop
will be provided by RMS
Representative prior to conducting the workshop;
(2)
RMS may (in its absolute discretion) choose to identify aspects of any
proposed Tender that are deficient. However, RMS will not be obliged to
identify issues or otherwise conduct meetings/workshops in the same way, to
the same extent or as to the same subject matter with each Tenderer; and
(3)
RMS’ silence or comment in respect of any aspect of a Tenderer’s proposed
submission or any other issue raised in a meeting/workshop will not
constitute endorsement or approval of any aspect of a Tender;
IC-DC-C92
D&C
Request for Tender
Edition 1, Revision 21, September 2017
Page 47
D.
there will be no procedural or substantive limitation upon the manner in which
RMS may conduct the process; and
E.
any participation by a Tenderer in a meeting/workshop is because it considers
that this represents a valuable commercial opportunity for the Tenderer; and
(ii)
acknowledges that RMS is proceeding with the process in reliance upon the
acknowledgements set out above and the other terms of the Tender Conditions.
(g)
Each Tenderer must acknowledge in writing its agreement to the conditions for the process
identified in clauses 4.14(d) and 4.14(f) prior to its participation in the process.
(h)
RMS Representative may from time to time prior to the Closing Date
and Time convene
meetings with all or individual Tenderers to discuss issues arising from the Tender Documents.
(i)
In respect of any meetings or workshops convened with all or individual Tenderers, excluding
any meetings or workshops convened under clause 4.14(d), the following conditions will apply to
such meetings:
(i)
the Probity Adviser will attend;
(ii)
unless otherwise advised by RMS, a maximum of 6 representatives from the Tenderer
may attend each meeting;
(iii)
minutes of the meetings will be taken and confirmed by the Tenderer, RMS
Representative and the Probity Adviser;
(iv)
no meeting will be permitted to continue outside of its allotted time in the schedule;
(v)
the Tenderer must, not less than 5 Business Days prior to the meeting, provide RMS
Representative with written submissions in relation to matters which it wishes to discuss
at the meeting including identifying any issues which they consider commercial-in-
confidence and advising names
and companies of attendees;
(vi)
RMS is under no obligation to discuss any matter with the Tenderer at a meeting,
including any matter for which notice has been given under clause 4.14(g)(v);
(vii)
RMS may, in its absolute discretion, inform all other Tenderers of any matter discussed
at any meeting including the substance of that discussion; and
(viii)
any information provided by RMS in the course of any meeting will be confirmed by
RMS in writing, subject to such conditions and limitations as RMS may require.
(j)
Without limiting any other provision of the Tender Documents, nothing which occurs during a
meeting/workshop under this clause 4.14 or as a part of the process for such a meeting/workshop
(including the issue of any minutes of such a meeting):
(i)
may be relied upon by the Tenderer; or
(ii)
without limiting clause 4.14(j)(i),
be construed as a direction, instruction or notice by
RMS to do or not do anything.
4.15
C
ONFIDENTIALITY AND
P
UBLIC
A
CCESS TO
I
NFORMATION
(a)
The Tenderer must keep confidential and not:
(i)
disclose to any person; or
(ii)
copy, use or otherwise deal with for any purpose,
any information regarding this Request for Tender or the Project, any particulars concerning the
Contractor’s Work or its Tender or any other information with which it has been provided by
IC-DC-C92
D&C Request for Tender
Edition 1, Revision 21, September 2017
Page 48