B.
the terms
of the Deed of Disclaimer; and
C.
the terms of the Tender Form,
the submission of a Tender does not create a contract or legal or other relationship
between the Tenderer and RMS or impose any other obligations at law upon RMS or the
State or any of their respective officers, employees, advisers, contractors or agents,
whether as a result of the tender process or otherwise in respect of the Tender or the
evaluation of the Tender by RMS;
(ii)
a Tender will not be deemed to be accepted unless and until the Project Deed is executed
by RMS;
(iii)
RMS will not be under any obligation to act in any particular manner or refrain from
acting in any particular manner in evaluating a Tender; and
(iv)
despite any other provision in
the Tender Documents, a Tenderer has no right to appeal,
object to or make a claim against RMS in respect of:
A.
the selection of a Tenderer as a Recommended Tenderer;
B.
any other decision, determination, evaluation or analysis by RMS as part of the
evaluation processes; or
C.
anything else arising from its Tender, this Request for Tender, Tender
Documents or anything related to them or the tender process,
and the Tenderer waives all rights to do so.
(f)
The Project Deed will come into force on the date that it is executed by RMS.
(g)
Without limiting any other part of this clause 4.7, by submitting a Tender each Tenderer
acknowledges and agrees that neither RMS nor the State will be
liable upon any claim by any
Tenderer whether in tort, contract, equity, at law, under statute or otherwise, arising out of, or in
any way in connection with:
(i)
RMS or the State exercising, or failing to exercise, any of their rights under this clause 4;
(ii)
anything that RMS does or fails to do as part of the tender process, including in the
evaluation of Tenders;
(iii)
any of the matters or things relevant to the Project in respect of which the Tenderer must
satisfy itself under the Tender Documents, including the Tender Conditions; or
(iv)
any loss, damage or cost from any aspect of this Request for Tender or processes,
activities or circumstances associated with or related to this Request for Tender,
including the preparation of a Tender or the exercise by RMS of any discretion, or the
evaluation by RMS of any Tender.
(h)
Except as expressly stated in the Tender Conditions, RMS has no obligations or liabilities to any
Tenderer or Participant in respect of this Request for Tender or the Tender evaluation process and
to the maximum extent permitted by law, any obligations and liabilities which may otherwise be
implied or imposed on RMS under contract, in tort including negligence,
in equity, at law, by
statute or otherwise are excluded.
4.8
C
OSTS OF
T
ENDERING
(a)
No payment will be made by RMS to the Tenderer for any costs, losses or expenses incurred by
the Tenderer in preparing its Tender or in respect of any discussions, negotiations, enquiries or
site inspections or any work undertaken by the Tenderer. This clause applies whether or not
RMS accepts a Tender or rejects all Tenders.
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4.9
M
ATTERS
A
FFECTING THE
T
ENDER
P
RICE
(a)
Tendered prices are to include all costs of complying with the Tender Documents and associated
with carrying out all matters and doing all things necessary for the due and proper performance
and completion of the Contractor’s Work.
4.10
C
OMPLIANCE WITH
NSW
G
OVERNMENT
P
OLICIES AND
G
UIDELINES
4.10.1 NSW Government Code of Practice for Procurement and Implementation
Guidelines
Terminology
(a)
The
New South Wales Government's Code of Practice for Procurement (NSW Code) and
the New
South Wales Government's Implementation Guidelines to the New South Wales Code of Practice
for Procurement: Building and Construction (NSW Guidelines) apply to this Project.
(b)
Terms used in this clause 4.10.1 have the same meaning as is attributed
to them in the NSW
Guidelines.
Primary obligation
(c)
By submitting a Tender to undertake the Contractor's Work, the Tenderer acknowledges and
agrees that it:
(i)
is aware that the
NSW Code and
NSW Guidelines apply to the Project;
(ii)
is taken to have read and understood the
NSW Code and
NSW Guidelines and the
obligations they impose;
(iii)
will comply with the
NSW Code and
NSW Guidelines on this Project, which
includes
giving access to authorised personnel to inspect any work, material, or machinery, inspect
and copy any record relevant to the Project, and interview any person;
(iv)
will agree, if successful in this tender process, to contractual terms that give effect to the
NSW Code and
NSW Guidelines and mechanisms to ensure their compliance and
enforcement; and
(v)
will comply with, and ensure all of its related entities (as
defined in the NSW Guidelines)
comply with, the
NSW Code and
NSW Guidelines in respect of any of their building and
construction work (including any subsequent privately funded work), on and from the
date of submitting a Tender.
Cost, efficiency, productivity and workplace safety
(d)
The Tenderer agrees that it must include in its Tender
(i)
a Workplace Relations Management Plan (State), where clause 3.2(f)(ii)8
of this Request
for Tender specifies that such a Plan is required, and any other documents and
information necessary to meet the requirements of section 6.1 of the
NSW Guidelines;
(ii)
a Work Health and Safety Management Plan
or Site Specific Safety Management Plan
(as required in clause 3.2(f)(ii)10 of this Request for Tender) and any other documents
and information necessary to meet the requirements of section 9 of the
NSW Guidelines;
and
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