(a) hubco shall or shall procure that party carrying out the Market Test shall give due consideration to the use of a pre-qualification questionnaire and interview/presentation process, particularly in relation to specialist or high value elements or components.
(b) The Relevant Participants shall have the opportunity to provide input into any such questionnaire and may attend any such interviews or presentations.
(c) hubco (as between hubco and the Relevant Participant(s)) shall be responsible for compiling the list of Prospective Tenderers and for ensuring that the Tenderers are selected from the list of Prospective Tenders on the basis of the following criteria:
(i) the financial standing of the Prospective Tenderers; and
(ii) the technical, managerial and other relevant experience and ability of the Prospective Tenders (taking into account any relevant customer references).
It is anticipated that five Tenderers should, in the ordinary course, be selected.
(d) The Relevant Participants shall have a right to object to the selection of any person as a Prospective Tenderer if such person does not (or could not reasonably be considered) to comply with any of the criteria referred to in 5.2.2(c) above.
(e) To avoid doubt, an Excluded Person shall not be disqualified from selection as a Tenderer merely by virtue of the existence of the contractual relationship reflected in the Shareholders Agreement, Project Agreements or Supply Chain Agreements where the requirements of the relevant provisions of the Partnering Services Method Statements have been complied with or in circumstances where its selection has been approved by the shareholders of hubco pursuant to the terms of [clause 12] of the Shareholders Agreement, subject to:
(i) compliance with all Laws; and
(ii) the establishment of, and compliance with, arrangements reasonably satisfactory to the Participants to avoid any conflict of interest or unfair advantage. Failure by hubco to comply with any such arrangements shall automatically lead to the disqualification of the Excluded Person and the provisions of paragraph 5.4 shall apply.
(f) The Relevant Participant(s) shall, in their absolute discretion, have the right to veto the selection of any person as a Tenderer on the grounds that the Prospective Tenderer has committed a Prohibited Act.
(g) hubco shall (after consultation with the Relevant Participant(s)) procure that any Prospective Tenderer which is unsuccessful in being selected as a Tenderer is provided with an appropriate explanation of the reasons behind its non-selection, if so requested by the person in question.
(h) Where, in respect of any Market Tested Element or group of Market Tested Elements or any part of any Market Tested Element, there is only one Prospective Tenderer (or hubco or the relevant Supply Chain Member or proposed Supply Chain Member intends to select only one of the Prospective Tenderers as Tenderer), hubco shall not be entitled to proceed, and shall procure that the relevant Supply Chain Member or proposed Supply Chain Member does not proceed, with the Market Testing of the same without the prior written consent of the Relevant Participant(s), such consent not to be unreasonably withheld or delayed.