A clear structure and process must be set out in the Augmentation Process Deed for each Tender Process in accordance with the following principles:
(a) the Proponents will be responsible for conducting the Tender Process, including preparing the tender strategy, timetable, evaluation plan and assessment criteria;
(b) the Tender Process must be completed on a competitive, arm's length, transparent and open book basis;
(c) tender submissions must meet the State Brief requirements for the relevant Augmentation;
(d) Tenderers must demonstrate value for money;
(e) selection of a preferred Tenderer must be based on competent and fully detailed analysis of the respective tender submissions;
(f) there must be no bias and no perception of bias;
(g) the Tender Process must be fair and be seen to be fair to all participants;
(h) the State may appoint a probity auditor (which may be the State Probity Auditor as defined in the Probity and Process Deed) or require the Proponents to appoint a probity advisor to oversee the Tender Process;
(i) confidentiality must be upheld at all stages of the Tender Process and effective security measures must be maintained to safeguard the Tenderer Information from unauthorised access or use;
(j) key decisions must be well documented such that the results are transparent and auditable in accordance with any applicable Laws and Standards;
(k) the State must approve each Tender Process before it is commenced by the Proponents;
(l) the State must have full visibility of each Tender Process, including:
(i) any Tenderer Information and any material or communications produced by any Proponent or any Proponent Associate in relation to the Tender Process; and
(ii) a right to attend and actively participate in all negotiations and meetings with Tenderers;
(m) all tender documentation must be approved by the State prior to release and incorporate any State requirements, including with respect to probity requirements and maintaining the integrity of the Tender Process;
(n) the Proponents must ensure that there are no conflicts of interest or perceived conflicts of interest associated with the Tender Process, or if there is a potential or perceived conflict of interest, that appropriate and customary safeguards acceptable to the State (acting reasonably) are in place to manage that potential or perceived conflict of interest;
(o) Related Bodies Corporate or shareholders of Project Co, any Proponent, Proponent Associate, any Key Subcontractor or any Significant Subcontractor can only tender for packages the subject of a Tender Process if approved by the State;
(p) following receipt of tenders, the Proponents must recommend a preferred Tenderer and provide the State with a detailed explanation of the reasons for its recommendation or proposal (including a comparative analysis of the tender received from a preferred Tenderer and each other tender received);
(q) the Proponents must not select a preferred Tenderer without State approval;
(r) the State may reject the Proponents' preferred Tenderer;
(s) at the request of the State from time to time, the Proponents must provide any documents, records and other information that the State reasonably requires to evidence compliance by the Proponents with the requirements of the Augmentation Process Deed, including providing any tender submitted by a Tenderer, communications with the Tenderers and final contracts (including downstream tenders and contracts);
(t) the Proponents must notify the State immediately if they become aware of any suspected or actual breach of any Tender Process arrangements and take all reasonable steps to prevent or stop any such suspected or actual breach of the Tender Process arrangements; and
(u) the Proponents must maintain records of the Tender Process and all decisions made by the Proponents or any Proponent Associates during the Tender Process to allow for independent auditing of the Tender Process and review and consideration by the State, including:
(i) minutes of meetings;
(ii) the Tenderer Information;
(iii) correspondence sent by or to Project Co, any Proponent, any Project Co Associates or any Proponent Associate in relation to the Tender Process or the Augmentation;
(iv) papers presented to any working group referred to in this Schedule; and
(v) assessment reports.