Procedure after Submission of PQQ

6.  Given the potential complexity of PFI projects, it is important that bidders understand clearly the terms on which they participate and that project teams may need to clarify information contained in responses. The following additional instructions may be useful:

a)  MOD reserves the right to require an Applicant or any of its Members to clarify the submissions made in their PQQs in writing. Any such request for clarification shall be made in writing to an Applicant's authorised representative, as identified in the Applicant's response to the PQQ. Failure to respond adequately may result in that Applicant's disqualification from the process.

b)  The MOD reserves the right to reject Applicants who fail, or whose Members fail, to complete and provide all the information required in the PQQ, who otherwise fail to comply fully with the requirements set out in this PQQ, or who are discovered to have misrepresented any information supplied.

c)  It should be noted that Members of an unsuccessful consortium may, with the prior approval of MOD, join a successful consortium later in the process.

d)  Any change after the submission of the PQQ, in the identity, control of, or relationships within an Applicant or any of its Members, must be notified in writing to MOD. If, in its absolute discretion, MOD considers the changes to disqualify the Applicant in terms of meeting the agreed selection criteria, the Applicant may be disqualified from further participation in the competitive tender process.

e)  This PQQ has been prepared in good faith. It does not, however, purport to be comprehensive or to have been independently verified. Neither MOD nor any of its advisers accepts any liability or responsibility for the PQQ's adequacy, accuracy or completeness, nor do they make any representation or warranty, express or implied, with respect to the information contained in the PQQ or on which the PQQ is based and any liability therefore is hereby expressly disclaimed.

f)  This PQQ is not an investment recommendation made by MOD or any of its advisers to any Applicant. Each recipient must make an independent assessment of the Project after making such investigation and taking such professional advice as they deem necessary

g)  Direct or indirect canvassing of any of MOD's Ministers, employees or agents by any Applicant, or any of its Members or advisers, concerning the award of the Project, or any attempt to procure information from any of MOD's Ministers, employees or agents concerning any PQQ that has been submitted may result in the disqualification of the Applicant.

h)  Applicants or their Members who enter into any form of collusion in relation to the competition with any one or more of the other Applicants or its respective Members may, at MOD's sole discretion, be disqualified from further participation in this competitive tender process, unless such involvement has the prior written approval of the MOD.