(a) The Respondent and each Respondent Member acknowledges and agrees to the State's right, at the State's absolute discretion, to:
(i) reject or refuse to consider, or to accept any EOI or Proposal that does not comply with the requirements of the Invitation for EOI, the RFP or the Terms and Conditions (as the case may be) or which is otherwise incomplete;
(ii) suspend or terminate the Tender Process;
(iii) require the Respondent and each Respondent Member at any time (including as a condition precedent to being appointed a Preferred Respondent) to provide security for its involvement or continued involvement in the Tender Process;
(iv) elect not to further evaluate any EOI or Proposal that fails to satisfy the EOI Evaluation Criteria, the RFP evaluation criteria or other relevant evaluation criteria;
(v) reject or accept any EOI or Proposal notwithstanding whether such EOI or Proposal is the lower priced, higher-ranked, or otherwise;
(vi) award the Project to any Respondent, including a Respondent which did not have the highest ranked EOI or Proposal as against the EOI Evaluation Criteria, the RFP evaluation criteria or other relevant evaluation criteria;
(vii) accept or reject the whole or part of any EOI or Proposal to the extent, in the case of part-acceptance, that part of the EOI or Proposal is capable of such partial acceptance;
(viii) suspend or terminate the Respondent's participation in the Tender Process if the State forms the view that the Respondent, a Respondent Member or any of their respective Associates has breached the Terms and Conditions;
(ix) require, request, receive or accept (whether requested or not) additional information, material, clarification or explanation from any Respondent or any Competing Respondent relating to an EOI or Proposal at any time and the State may, at its sole discretion, take such information, material, clarification or explanation into consideration in its evaluation of an EOI or Proposal;
(x) consider and accept an EOI or Proposal regardless of whether:
(1) any Respondent, Respondent Member or any of their respective Associates has breached the Terms and Conditions; or
(2) any member of a Competing Respondent has breached the Terms and Conditions;
(xi) vary or supplement any of the Terms and Conditions or other aspects of the Invitation for EOI or the RFP;
(xii) change the timing, order or application of any phase or process in the Tender Process or supplement, remove, add to or vary any part of the Tender Process;
(xiii) accept or reject an EOI or Proposal at any time after the closing time and date for the EOI or Proposal, as set out in the Invitation for EOI or the RFP or which is lodged otherwise than in accordance with the Invitation for EOI or the RFP;
(xiv) accept or reject any clarification question or request for a meeting which is lodged by a Respondent after the time and date specified, or otherwise in the manner specified, in the Invitation for EOI or the RFP as the closing time and date for such questions or requests;
(xv) extend any time or date specified in the Invitation for EOI or the RFP;
(xvi) negotiate with any Respondent or Competing Respondent on any matter the State may determine;
(xvii) enter into the State Project Documents with a Competing Respondent without prior notice to the Respondent;
(xviii) allow any Respondent to clarify, alter, amend, add to or change its EOI or Proposal, Respondent Members or Associates after the closing time and date for the EOI or Proposal (as applicable), as set out in the Invitation for EOI or the RFP, without notifying or offering the same opportunity to others;
(xix) in evaluating any Proposal or selecting a Preferred Respondent, have regard to:
(1) the State's and its Associates' knowledge and previous experience and dealings with any Respondent, Respondent Member or any of their respective Associates; or
(2) information concerning a Respondent, Respondent Member or any of their respective Associates which is in the public domain or which is obtained by the State or its Associates through its or their own investigations;
(xx) appoint or decline to appoint any number of Preferred Respondents or change Respondents or Preferred Respondents at any time;
(xxi) require one or more of the Respondents and Competing Respondents to make a 'best and final offer';
(xxii) withdraw, cancel or modify (substantially or otherwise) the Project or any part of the Project;
(xxiii) change the procurement method of the Project (including public sector delivery) or any part of the Project in any way it sees fit;
(xxiv) abort the Tender Process at any time;
(xxv) without limiting Clause 6(a)(vi), select the highest ranked Respondent who does not have a Related Member ahead of a higher ranked Respondent that does have a Related Member;
(xxvi) not attribute any reasons for any actions or decisions taken, including in respect of the exercise of any or all of the above mentioned rights;
(xxvii) require the Respondent or any Respondent Associate to enter into a probity and process deed with the State; or
(xxviii) otherwise take any such other action as it considers appropriate in relation to the Tender Process.
(b) The State is not obliged to disclose to any Respondent, Respondent Member or any of their respective Associates, any negotiations the State has had with any Competing Respondent or any amendments, additions or other changes the State has allowed a Competing Respondent to make to its Proposal, and is not obliged to enter into similar negotiations with the Respondent or allow or require amendments, additions or changes to be made to its Proposal.