(xii)
"DAB Agreement" means the Dispute Avoidance Board
Agreement in the form of
Schedule 38 to the Project Deed;
(xiii)
"Deed of Disclaimer" means the document in the form included at Appendix 1 of this
Request for Tender (which was included as
[insert Schedule No 1, if the Pre-tender
Conditions were issued to Tenderers] to the Pre-tender Conditions) executed by each
Participant in the Tenderer;
(xiv)
“Designated Building Law” has the same meaning as in the BCIIP Act;
(xv)
"Evaluation Team" means the persons and organisations engaged by RMS to participate
in the
evaluation of Tenders;
(xvi)
“Exclusion Sanction” has the same meaning as in subsection 3(3) of the Building Code;
(xvii)
"Information Document" has the meaning given to that term in the Deed of Disclaimer;
(xviii)
“NSW Code” means the New South Wales Government's Code of Practice for
Procurement;
(xix)
“NSW Guidelines” means the New South Wales Government's Implementation
Guidelines to the New South Wales Code of Practice for Procurement: Building and
Construction. Copies of the Implementation Guidelines are available at
http://www.industrialrelations.nsw.gov.au/biz_res/oirwww/pdfs/Construction_Guidelines
_June_2013.pdf
(xx)
"Participant" means an entity which is a partner or joint participant in the Tenderer, or
where the Tenderer is constituted by a single legal entity, means the Tenderer;
(xxi)
"Pre-tender Conditions" means the document titled "Design
and Construction of [insert
Project Name], Pre-Tender Conditions", including attachments however described;
(xxii)
“Principal” means
Roads and Maritime Services
(RMS)
(xxiii)
"Probity Adviser" means the person engaged by RMS as an independent observer of the
Tender evaluation process.
(xxiv)
"Project" means the design and construction of
[insert Project Name] and
provision of
landscaping services;
(xxv)
"Project Deed" means any contract with RMS with respect to the Project, or if any
Tenderer fails to execute such a contract, means the form of contract (including schedules
and exhibits) which is attached in anticipation of that purpose as Attachments 1, 2 and 3
of this
Request for Tender;
(xxvi)
"Recommended Tenderer" means the Tenderer recommended by the Evaluation Team;
(xxvii)
“Related Entity” has the same meaning as in subsection 3(2) of the Building Code;
(xxviii)
"RMS" means the Roads and Maritime Services;
(xxix)
"RMS Representative" means:
[insert RMS Representative name]
Senior Project Manager
Roads
and Maritime Services
Address:
[insert address of RMS Office]
Facsimile:
[insert facsimile No]
Email:
[insert RMS Representative’s email address]
(xxx)
"ROI Invitation" means the document titled "
[insert Project Name], Invitation to Submit
a Registration of Interest”, including attachments however described;
(xxxi)
“RTA” or “Roads and Traffic Authority”
means the Principal, and a reference to any
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“RTA” document (including an RTA Specification, Test Method or other document) is a
reference to the equivalent document published by the Principal (or its predecessor, the
RTA), regardless of whether it is titled “RTA” or “Roads and Maritime Services” or
“RMS” (in this respect, the parties acknowledge that the Principal is progressively
updating its documents from “RTA” to “[RMS]” and that this is likely to be ongoing
during the currency of the Contract).”
(xxxii)
"Tender" means the documents required by the Tender Documents to be duly completed
and executed by or on behalf of the Tenderer and received by RMS in accordance with
this Request for Tender;
(xxxiii)
"Tender Conditions" means these conditions of tender in clause 4 of this Request for
Tender and includes the conditions in the Pre-tender Conditions in relation to the period
prior to the issue of this Request for Tender;
(xxxiv)
“Tender Form” means the tender form in Appendix 2 of this Request for Tender;
(xxxv)
"Tender Documents" means:
A.
this Request for Tender, including:
(1)
clause 1 (Project Issues);
(2)
clause 2 (Tender Evaluation Process);
(3)
clause 3 (Tender Submission Requirements);
(4)
clause 4 (Tender Conditions);
(5)
Appendix 1: Deed of Disclaimer;
(6)
Appendix 2: Tender Form and Statutory Declaration;
(7)
Appendix 3: Information for Initial Project Plans
(8)
Attachment 1: Project Deed and Project Deed Schedules;
(9)
Attachment 2: Project Deed Exhibit A – Scope
of Works and Technical
Criteria;
(10)
Attachment 3: Project Deed Exhibit B – Site Access Schedule; and
(11)
Attachment 4:
[insert project specific documents].
B.
Addenda issued under clause 4.21(b) of this Request for Tender;
(xxxvi)
"Tenderer" means each of the following entities:
A.
[insert names, ABN and/or ACN numbers and addresses of all Tenderers]
B.
(xxxvii)
“Workplace Relations Management Plan (Commonwealth)” has the meaning given to
'WRMP' in subsection 3(1) of the Building Code;
(xxxviii)
“Workplace Relations Management Plan (State)” means the Workplace Relations
Management Plan contemplated by the NSW Guidelines;
(xxxix)
any reference to a clause is a reference to a clause in this Request for Tender unless the
context otherwise requires;
(xl)
any reference to one of the documents described in the definition of the Tender
Documents is a reference to the document so titled
which is included in, or attached to,
these Tender Documents, unless the document is subsequently amended by or issued as
an Addendum;
(xli)
all words and expressions will (unless otherwise defined in this clause 4.22(a) or unless
the context otherwise requires) have the meanings assigned to them in the Project Deed;
(xlii)
headings are for convenience only and
do not affect interpretation; and unless the context
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