3.3. Revised Project Plan

3.3.1. If pursuant to paragraphs 3.1.8(b) or 3.2 (b)[ or 11.1.6 of Schedule 27] the Contractor is requested to propose a revised Project Plan (the "Revised Project Plan") then the Contractor shall provide, in accordance with the provisions of this paragraph 3.3 (Revised Project Plan) a draft Revised Project Plan in writing to the Authority within three (3) Months of being requested to do so.

3.3.2. In preparing the draft Revised Project Plan the Contractor shall be cognisant of procurement law, act in good faith and comply with Good Industry Practice with the objective of ensuring that it obtains best value for money for the Authority (taking into account all relevant circumstances including the requirement that the Contractor should be no worse off as a result of the implementation of the Revised Project Plan and that the Revised Project Plan ought to comply all relevant Legislation) when procuring any works, services, supplies, materials or equipment required in relation to the revised Project (the "Revised Project").

3.3.3. The draft Revised Project Plan shall set out:

(a) the proposed technical solution(s) for the Revised Project;

(b) a project plan for the Revised Project covering the same or similar issues as the Contractor's Proposals insofar as such issues are relevant to the Revised Project;

(d) the Contractor's opinion regarding the likelihood of being able to obtain the relevant Consents;

(e) the interest(s) in land required for the Revised Project;

(f) the revised costs for the delivery of the Revised Project (the "Revised Project Plan Costs");

(g) the Contractor's opinion as to the changes in the risk profile required as a result of the Revised Project;

(h) details of the relief required by the Contractor from its obligations under the Contract;

(i) amendments required to the Contract and any Ancillary Documents;

(j) any impact of the Revised Project on the provisions of the Works and/or Services other than those which are the subject of the Revised Project Plan;

(k) proposed acceptance tests for certification of completeness for any required works;

(l) any impact on any dates for the [key works and services commencement dates];

(m) outline Works Delivery Plan and/or Service Delivery Plan or any amendments to the existing Contractor's Proposals as the case may be;

(n) details of the insurance arrangements required to cover any risks associated with the Revised Project;

(o) the Contractor's opinion as to the compliance with Legislation of the draft Revised Project Plan;

(p) how value for money will be achieved;

(q) how the Contractor intends to finance the Revised Project; and

(r) details of how the Contractor will dispose of the Contract Waste during the carrying out of the Revised Project Plan and the costs of such disposal shall be included in the Revised Project Plan Costs.

3.3.4. The Contractor and the Authority shall during the period of six (6) Months from the receipt by the Authority of the draft Revised Project Plan discuss and seek to agree each and every element of the draft Revised Project Plan including:

(a) the provision of evidence that the Contractor has used reasonable endeavours (including (where practicable) the use of competitive quotes) to oblige its Sub-Contractors to minimise any increase in costs and maximise any reduction in costs;

(b) demonstrating how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred, foreseeable Changes in Law at that time have been taken account of by the Contractor; and

(c) demonstrating that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Revised Project Plan, has been taken into account in the amount which in its opinion has resulted or is required under paragraph 3.3.3(f).

3.3.5. In any discussions which take place pursuant to paragraph 3.3.4 the Authority may:

(a) suggest modifications to the draft Revised Project Plan provided that the Contractor shall not be obliged to take account of any such suggested modifications; or

(b) require the Contractor to seek and evaluate competitive tenders for the relevant capital works.

3.3.6. If the Contractor either accepts (such acceptance shall be at the sole discretion of the Contractor) any modifications suggested by the Authority or there are any amendments to the draft Revised Project Plan following any competitive tenders for the relevant capital works in each case as arise pursuant to paragraph 3.3.4 then the Contractor shall, as soon as reasonably practicable following either the acceptance by the Contractor of any modifications or following the completion of any competitive tender, notify the Authority of any consequential changes to the draft Revised Project Plan.

3.3.7. The Authority shall by notice in writing from the Authority within six (6) Months of receipt of the draft Revised Project Plan pursuant to paragraph 3.3.1 either:

(a) accept the draft Revised Project Plan and the Parties shall proceed to implement the Revised Project Plan in accordance with paragraph 3.4 (Implementation of Revised Project Plan) and the Parties shall execute such legal documentation as proposed by paragraph 3.3.3(i) to give effect to the Revised Project including the amendments to the Unitary Charge to reflect the Revised Project Plan Costs; or

(b) reject the Revised Project Plan provided that in the event the Authority does not respond to such notice within the required time then the Authority shall be deemed to have rejected the Revised Project Plan and in the case of rejection or deemed rejection the provisions of paragraph 3.5 (Termination as a Result of Planning Failure) shall apply.