5  Selection of Tenderers

5.1  The Service Provider shall be responsible for compiling the list of Prospective Tenderers.

5.2  The Service Provider shall be responsible for selecting the Tenderers from the list of Prospective Tenderers on the basis of the following criteria:

(a)  the financial standing of the Prospective Tenderers; and

(b)  the technical, managerial and other relevant experience and ability of the Prospective Tenderers (taking into account any relevant customer references).

5.3  The Authority 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 paragraph 5.2.  

5.4  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 Project Documents, subject to:

(a)  compliance with all Legislation; and

(b)  the establishment of, and compliance with, arrangements reasonably satisfactory to the Authority to avoid any conflict of interest or unfair advantage.  Failure by the Service Provider to comply with any such arrangements shall automatically lead to the disqualification of the Excluded Person and the provisions of paragraph 11 (Indemnities) shall apply.

5.5  The Authority shall, in its 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.

5.6  The Service Provider shall (after consultation with the Authority) provide any Prospective Tenderer which is unsuccessful in being selected as a Tenderer with an appropriate explanation of the reasons behind its non-selection, if so requested by the person in question.

5.7  Where, in respect of any Market Tested Service or group of Market Tested Services or any part of any Market Tested Service, there is only one Prospective Tenderer (or the Service Provider intends to select only one of the Prospective Tenderers as Tenderer), the Service Provider shall not be entitled to proceed with the Market Testing of the same without the prior written consent of the Authority.