(a) (No delegation): Project Co may not subcontract or otherwise delegate any aspect of a competitive tender conducted under this clause 30.5 without the prior consent of the State.
(b) (Initial meeting): Within 1 Month of the State's request under clause 30.3(d)(ii)B or clause 30.4(b) for a competitive tender to be conducted under this clause 30.5, Project Co must commence the competitive tender process by convening an initial meeting with the State.
(c) (Consultation): At the initial meeting convened under clause 30.5(b) (and any subsequent meetings agreed between them), Project Co and the State will seek to agree on:
(i) the appropriate timetable for conducting the tender for the relevant Reviewable Services, including the proposed date for releasing the tender to the market;
(ii) the appropriate manner of advertising the tender for the relevant Reviewable Services and the means of identifying prospective tenderers;
(iii) evaluation criteria, which will include those set out in clause 30.5(f); and
(iv) the draft tender documentation which must:
A. provide such information concerning the Project, the relevant Reviewable Services and the Project Documents as the State reasonably requires to ensure the tenderers are fully informed of the opportunity tendered (including details of the evaluation criteria set out in clause 30.5(f);
B. impose a duty of confidentiality on tenderers;
C. require tenders to be conforming and irrevocable until 1 Month after the relevant current Reviewable Services Term;
D. attach a draft Subcontract which includes all of the relevant requirements set out in clauses 9.2 and 9.3, and is otherwise:
1) substantially on the same terms (other than price and term and any amendments required in accordance with clause 30.2) as the current Subcontract for the provision of those tendered Reviewable Services; and
2) which provides for the review of those Reviewable Services in accordance with the terms of this clause 30;
E. require tenderers to accept the terms of the draft Subcontract; and
F. enable Project Co to prepare a proposed updated Reviewable Services Schedule in accordance with the pricing principles set out in clause 30.1(c).
(d) (Review of request for tender): Not later than 30 Business Days prior to the proposed date for releasing the tender to the market, Project Co must provide to the State:
(i) the final request for tender which Project Co proposes to issue to prospective tenderers and the list of proposed tenderers for each of the Reviewable Services; and
(ii) a proposal regarding the way in which Project Co intends to undertake the procurement process for the Reviewable Services,
for review in accordance with the Review Procedures.
(e) (Offers): In response to the request for tender provided to the State under clause 30.5(d), Project Co must procure offers by competitive tender from at least 3 experienced and capable service providers for the relevant component of the Reviewable Services which must not include (without the consent of the State) offers from:
(i) Project Co or any Project Co Associate;
(ii) any more than one Related Body Corporate of any Project Co Associate; or
(iii) any service provider that has not received the prior approval of the State (which must not be unreasonably withheld).
(f) (Content of offers): Each offer obtained under clause 30.5(e) must address the following criteria:
(i) details of the contract price, reflecting a competitive pricing of those Reviewable Services in the then current market;
(ii) current capacity and capability to carry out the Reviewable Services over the Reviewable Services Term, including current workload and resources plans, key people, subcontractors and consultants;
(iii) previous performance of services similar to the relevant Reviewable Services together with referees;
(iv) financial capacity to provide the Reviewable Services;
(v) demonstration that Project Co will be able to continue to meet the performance standards in the Service Requirements relevant to the Reviewable Services; and
(vi) value for money delivered to the State.
(g) (Probity Investigations): Project Co must ensure that each of the tenderers for the Reviewable Services and any persons likely to be associated with the provision of the Reviewable Services provide their written consent to the carrying out of any Probity Investigations required by the State.