(e)
If RMS determines that one or both of the nominated Project Verifiers
is not suitable or capable
of performing the Project Verifier’s services, including not demonstrating that the personnel
proposed to undertake the Project Verifier services have sufficient technical skills, qualifications,
experience and competence, RMS may reject the nominated Project Verifiers and require the
Tenderer to nominate alternative Project Verifiers and to provide all of the details required by
clause 3.2(i)(i).
(f)
Once the nominated Project Verifier entities have been evaluated, RMS will, in its absolute
discretion, select which one of the nominated entities is used for the purposes of the non-price
evaluation of the Tenderer's Tender.
2.4
E
VALUATION OF
D
ISPUTE
A
VOIDANCE
B
OARD
N
OMINEES
(a)
The Tenderer must nominate in its Tender two alternative persons who it
considers suitable as its
nominees for appointment as a DAB member, including providing all of the details required by
clause 3.2(i)(iii) of this Request for Tender.
(b)
If RMS determines that one or both of the candidates nominated by the Tenderer for appointment
as a DAB member is not suitable, including not demonstrating that the persons proposed have
sufficient or appropriate technical skills, qualifications, experience and competence, or do not
otherwise satisfy the criteria in Schedule 39 of the
Project Deed, RMS may reject the nominees
and require the Tenderer to nominate alternative persons and to provide all of the details required
by clause 3.2(i)(iii) of the Request for Tender.
(c)
A non-price evaluation will be undertaken on the basis of the information provided in response to
clause 3.2(i)(iii) against the criteria for DAB members in Schedule 39 to the Project Deed.
(d)
A comparative price evaluation will be undertaken on the basis of the fees and disbursements
proposed for each of the Tenderers' nominees for appointment as a DAB member.
(e)
RMS will select the preferred DAB member,
in its absolute discretion, using the evaluations
undertaken under clauses 2.4(c) and 2.4(d).
(f)
Once a Recommended Tenderer has been selected, RMS will advise the Recommended Tenderer
of the nominated DAB member chosen by RMS to be engaged as a DAB member under a
Dispute Avoidance Agreement.
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D&C Request for Tender
Edition 1, Revision 21, September 2017
Page 11
3.
TENDER SUBMISSION REQUIREMENTS
3.1
T
ENDER
O
PTIONS
(a)
Objectives, conforming Tender and options
(i)
A principal objective of this Request for Tender is to achieve the best value for money
outcome. The Tenderer must, in accordance with clause 4.2 of this Request for Tender,
submit a Tender which conforms to the Tender Conditions and the Project Deed.
(ii)
Subject to the terms in the Tender Conditions of this Request for Tender, RMS also
encourages innovation. A Tenderer may submit options in addition to its conforming
Tender. Subject to clause 4.5(b) and clause 4.7 of this Request for Tender the Tenderer
must provide a conforming Tender, including price, before an option will be considered.
Options may include concept details and design, completion
date and the approach to
whole-of-life costs. The change(s) associated with any option and the effects of any
change upon the conforming Tender must be clearly and separately identified. Options
must be individually detailed in Volume VIII of the Tender. For each option, the
Tenderer must provide all the information outlined in clause 3.2(j) of this Request for
Tender.
(iii)
RMS will evaluate each option in accordance with this Request for Tender
(iv)
Without limiting any clause in this Request for Tender, RMS may, in its absolute
discretion, proceed
with the conforming Tender, or with any option submitted, or decide
not to proceed with any Tender.
(v)
The option in clause 3.1(b) of this Request for Tender is a mandatory option and the
Tenderer must provide the required details in respect of this option.
The Tenderer must, as part of its Tender, submit the details required by clause 3.2(j) of
this Request for Tender in respect of the mandatory option referred to in clause 3.1(b)
below.
(vi)
Even if RMS does not decide to adopt any option, including the mandatory option as part
of the
Project Works, Temporary Works and Landscaping Maintenance, RMS may
require the Contractor to keep open its offer in respect of each option after execution of
the Project Deed. This will be achieved by including provisions in the Project Deed
allowing RMS to implement the option by way of a Pre-Agreed Variation. In these
circumstances, the Project Deed,
Design Contract Sum, Construction Contract Sum,
design details, Project Plans and programs/Date for Construction Completion would, to
the extent relevant, be amended having regard to the pricing particulars which the
Tenderer is required to submit pursuant to clause 3.2(j) of this Request for Tender.
(b)
Mandatory Options
[insert details related to mandatory options]
(c)
Completion Time
The Project Deed provides for a Date for Construction
Completion of [insert date]. The
Tenderer may submit options nominating other Dates for Construction Completion.
IC-DC-C92
D&C Request for Tender
Edition 1, Revision 21, September 2017
Page 12