Consideration of proposals. In respect of each proposal pursuant to subclause (1) of Clause 5 the Minister shall —
Consideration of proposals. (1) The Minister shall advise the Company within 3 months of receiving the evidence furnished by the Company pursuant to clause 4(4) whether or not the Minister is satisfied with that evidence.
(2) If the Minister advises the Company pursuant to subclause (1) that the Minister is not satisfied with the evidence furnished by the Company pursuant to clause 4(4), then the Company may —
(a) within 6 months following the date of that advice furnish to the Minister further or different evidence of —
(i) the availability of finance necessary for the carrying out and completion of the whole of the Project; and
(ii) the readiness of the Company to embark upon and proceed to carry out the operations referred to in the proposals submitted to the Minister under clause 4(1); or
(b) within 2 months following the date of that advice, advise the Minister that it does not wish to furnish any such further or different evidence.
(3) Within 3 months of receiving the further or different evidence furnished by the Company pursuant to subclause (2) the Minister shall advise the Company whether or not the Minister is satisfied with that further or different evidence.
(4) If the Minister is not satisfied with the further or different evidence, or if the Company has advised the Minister pursuant to clause 5(2)(b) that it does not wish to furnish further or different evidence, within 2 months following —
(a) the date of the Minister’s advice to the Company under clause 5(3); or
(b) the date of the Company’s advice to the Minister under clause 5(2)(b), the Company may refer to arbitration under this Agreement the question of the reasonableness of the Minister’s decision on the evidence, or the further and different evidence, as the case may be, and unless so referred to arbitration, this Agreement shall cease and terminate on the expiry of that 2 month period, subject to clause 25. If the Minister’s decision is so referred to arbitration, this Agreement shall cease and terminate on the date of the arbitrator’s award, subject to clause 25, if the arbitrator upholds the reasonableness of the Minister’s decision, but if the arbitrator does not uphold the reasonableness of the Minister’s decision, the Minister is as and from the date of the arbitrator’s award deemed to be satisfied with the evidence, or the further and different evidence, as the case may be.
(5) Subject to the EP Act and provided the Minister is satisfied or deemed to be satisfied with the evidence furnished by the Compa...
Consideration of proposals. In respect of each proposal pursuant to clause 10(1) the Minister shall subject to the EP Act:
Consideration of proposals. (1) In respect of each proposal pursuant to clause 11(1) the Minister shall, subject to the EP Act:
(a) approve of the proposal without qualification or reservation; or
(b) defer consideration of or decision upon the same until such time as the Company submits a further proposal or proposals in respect of some other of the matters mentioned in clause 11(1) not covered by the said proposal or until such time as clause 11(5) has been complied with by the Company; or
(c) require as a condition precedent to the giving of his approval to the said proposal, that the Company make such alteration thereto or comply with such conditions in respect thereto as he (having regard to the circumstances, including the overall development of and the use by others as well as the Company of all or any of the facilities proposed to be provided) thinks reasonable and in such a case the Minister shall disclose his reasons for such conditions, PROVIDED ALWAYS that:
(d) where implementation of any proposals hereunder have been approved pursuant to the EP Act subject to conditions or procedures, any approval or decision of the Minister under this clause shall if the case so requires incorporate a requirement that the Company make such alterations to the proposals as may be necessary to make them accord with those conditions or procedures; and
(e) the Minister shall not consider a purported proposal or proposals (as the case may be) if the Minister is of the opinion that the purported proposal or proposals does not or do not (as the case may be) comply with clause 11 or this Agreement generally and in such circumstances:
(i) this subclause (1) (other than this paragraph (e)) and subclause (2) shall not apply to the purported proposal or proposals;
(ii) subject to this Agreement, the Minister shall afford the Company full opportunity to consult with him and should it so desire to submit a new or revised proposal or proposals either generally or in respect to some particular matter; and
(iii) the Minister's opinion is not subject to arbitration under clause 33.
(2) Subject to subclause (1), the Minister shall within 2 months after the later of:
(a) receipt of proposals pursuant to clause 11(1);
(b) where the proposals are to be assessed under Part IV of the EP Act, service on the Minister of an authority under section 45(7) of the EP Act; and
(c) where a proposal will or may require the State to do any act which affects any native title rights and interests, completion of all processe...
Consideration of proposals. On receipt of the said proposals the Minister may —
(a) defer consideration of or decision upon the same until such time as the Joint Venturers submit a further proposal or proposals in respect of some one or more of the other matters mentioned in one or more of the paragraphs (a) to (m) of Section 5.02 not covered by the said proposals; or
(b) approve of the said proposals either wholly or in part without qualification or reservation; or
(c) require as a condition precedent to the giving of his approval to the said proposals that the Joint Venturers make such alteration thereto or comply with such conditions in respect thereto as he (having regard to the circumstances including the overall development of and the use by others as well as the Joint Venturers of all or any of the facilities proposed to be provided) thinks reasonable and in such case will disclose to the Joint Venturers the reasons for requiring such conditions precedent.
Consideration of proposals. Subject to the EP Act and laws relating to traditional usage, in respect of proposals submitted pursuant to subclause (1) of Clause 4 the Minister shall —
Consideration of proposals. After the proposals are opened and read, they will be compared on the basis of the total price for all sections of work and any such additional considerations as may be identified in the bid documents. The results of such comparisons will be immediately available to the public. In case of a discrepancy between the prices written in words and those written figures, the prices written in words shall govern. In case of a discrepancy between the total shown in the proposal and that obtained by adding the products of the quantities of items and unit bid prices, the latter shall govern.
Consideration of proposals. After the proposals are publicly opened and read, they will be compared on the basis of price. If there is a discrepancy between the price written in words and the price written in numbers, the price written in words shall govern. Until the award of a contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons:
Consideration of proposals. Comparison of proposals will be based on the correct summation of item totals, obtained from the Proposal Form. In the case of errors on a Proposal Form, the unit price shall be used to determine the correct total for a bid item. The City reserves the right to award any or all alternate bid items, or any combination thereof, in the best interest of the City. The City reserves the right to reject any or all Proposals and to waive defects or technicalities as it may deem in the best interest of the City.
Consideration of proposals. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder’s proposal guaranty will be returned. The successful bidder’s proposal guaranty will be returned as soon as the Owner receives the contract bonds as specified in paragraph 30-05, Requirements of Contract Bonds.
