Legal and Contractual
The legal and commercial evaluation will award scores to reflect the extent to which Bids meet the Local Authority's expectations.
The Local Authority does not expect significant qualifications to the Model Contract as part of the Standard Bid (see Paragraph•). If Bidders have fundamental concerns in relation to the Model Contract, which would significantly affect their proposed pricing, they are requested to identify these during the Bid preparation period. Accordingly, in the Standard Bid the Local Authority will be giving weight to the level of consistency of proposals with the Model Contract, and the risk allocation that it presents.
In relation to Variant Bids, the Local Authority will give most weight to those proposals for changes to the Model Contract that would enable a more appropriate allocation of risk, a better service to be provided, or reduced compliance costs. The evaluation will also assess the reasonableness of the comments in accordance with the Local Authority's objective to secure a PFI solution, and taking into account the Bidder's approach to contractual risks and the Local Authority's responsibilities.
For both the Standard Bid and any Variant Bids, the commercial robustness of the response and the extent to which the Funder has indicated its support for the Model Contract will also be assessed.