Selection of Tenderers

The Contractor shall be responsible for compiling the list of prospective tenderers and selecting the tenderers from the list of prospective tenderers on the basis of their:

5.5.1  financial standing; and

technical and managerial experience and ability (taking into account any relevant references).

The Authority shall:

have a right to prevent the selection of any person as a prospective tenderer if it reasonably believes that such person does not (or could not reasonably be considered to) comply with any of the criteria referred to in paragraph 2.1 of this Part 3; and

in its absolute discretion, have the right to prevent the selection of any person as a tenderer on the grounds that the prospective tenderer has committed a Prohibited Act.

The Contractor shall provide any prospective tenderer which is unsuccessful in being selected with an explanation of the reasons behind its non-selection, if so requested by the person in question.

The Parties agree that a Market Test will only be carried out if:

there are at least two (2) prospective tenderers; and

other than in the case of the Leisure Operator, the prospective tenderers are independent from, and not in any way connected with, a Relevant Person, the Contractor and/or the incumbent or initial Leisure Operator;

and if the above criteria are satisfied, paragraph 3.3 of this Part 3 shall apply.  For the avoidance of doubt, nothing in the foregoing shall prevent the Leisure Operator from participating in the Market Test.