(a) (Project Co to carry out tender process): Project Co must carry out, or must, if agreed to by the State, procure that the relevant Key Subcontractor carries out, a tender process in respect of a Change Compensation Event in accordance with this section 9 if at any time:
(i) the relevant Change Compensation Event involves a capital works component and the Construction Base Costs are, in the State's reasonable opinion, likely to exceed $100,000 (CPI Indexed);
(ii) the relevant Change Compensation Event involves a change to Services and the Services Base Costs are, in the State's reasonable opinion, likely to exceed $100,000 (CPI Indexed); or
(iii) the State notifies Project Co that it does not accept or rejects a Change Notice issued by Project Co and that it requires Project Co to carry out a tender process in respect of the relevant Change Compensation Event,
unless otherwise agreed by the State.
(b) (Tender process): If a tender process is required to be carried out in accordance with section 9(a):
(i) (Tender Process): Project Co must obtain, or if applicable must procure that the relevant Key Subcontractor obtains, a minimum of three separate quotes from experienced, independent and capable contractors which have been agreed by the State (acting reasonably) to carry out any work in respect of the relevant Change Compensation Event;
(ii) (Project Co to select): Project Co will be responsible for selecting a Subcontractor from this tender process provided that:
A. Project Co must do so in consultation with the State (and the relevant Key Subcontractor if that Key Subcontractor carries out the tender process); and
B. the State must agree to the Subcontractor selected by Project Co (acting reasonably);
(iii) (Tender Process Material): Project Co must permit, and if applicable must procure that the relevant Key Subcontractor permits, the State to review all materials that are issued and submitted in the tender process and provide any other information that the State reasonably requires including such written consents as are required (including by Law) to carry out any Probity Investigations;
(iv) (Selection Criteria): prior to selection of a Subcontractor, Project Co must demonstrate to the reasonable satisfaction of the State that the Subcontractor it, or the relevant Key Subcontractor (as the case may be), intends to engage is the best choice having regard to the:
A. price quoted;
B. experience and technical and financial capability of that Subcontractor in the context of the relevant Change Compensation Event; and
C. ability of the Subcontractor to carry out the work or the services in respect of the relevant Change Compensation Event in the manner required by this Deed;
(v) (Subcontracting requirements): the Subcontractor must meet the requirements in respect of Subcontractors set out in this Deed; and
(vi) (State not satisfied): if, following the conduct of the tender process, the State is not reasonably satisfied with the tenders that are received, it may:
A. direct Project Co not to accept, and if applicable to procure that the relevant Key Subcontractor does not accept, any tender offer;
B. except where expressly stated otherwise in this Deed, direct Project Co not to proceed with the relevant Change Compensation Event; or
C. instruct Project Co to proceed with the work in respect of the relevant Change Compensation Event, but on another basis under this Schedule.