Guidance Note: The Project Owner normally requires Shortlisted Proponents to enter into a Probity Deed in a form specified by the Project Owner during the RFP Phase. The Probity Deed would regulate the terms and conditions under which confidential information is disclosed by the Project Owner to Shortlisted Proponents and would outline the probity requirements and process applying through to the completion of the Selection Process. The Project Owner would need to include the form of Probity Deed as part of the RFP. |
The Proponent acknowledges that the Project Owner may appoint a Probity Practitioner to monitor the Selection Process outlined in this RFP to ensure the Selection Process is applied fairly and equitably to all Proponents.
In the event the Project Owner appoints a Probity Practitioner, the Proponent must comply with any standards or guidelines issued by the Probity Practitioner.
(b) Proposal Bond
Guidance Note: It is an option for Project Owners to require that Shortlisted Proponents provide a proposal bond to secure performance of obligations during the AD Phase. This requirement and the amount of any such proposal bond should be assessed by the Project Owner on a case-by-case basis. |
The Probity Deed requires Shortlisted Proponents to provide a proposal bond of $[insert] million. Without limitation, the Project Owner will be entitled to make a demand under the proposal bond where:
(1) the Shortlisted Proponent fails to comply with this RFP, the ADA [or the Probity Deed];
(2) the Shortlisted Proponent is in breach of any document required to be executed by this RFP, the ADA [or the Probity Deed];
(3) the Selection Process has been or may be jeopardised by any act or omission of the Shortlisted Proponent;
(4) the Shortlisted Proponent is seeking to introduce, either formally or informally, whether in writing or otherwise, any variations or additions to its Initial Proposal or Project Proposal which were not identified by the relevant Closing Date;
(5) the Shortlisted Proponent fails to use its best endeavours to negotiate or finalise the PAA; or
(6) the circumstances referred to in clause [x] of the Probity Deed have occurred.
The proposal bond will be returned to Shortlisted Proponents at the completion of the Selection Process in accordance with the Probity Deed.]