Retendering Procedure Clause Samples

Retendering Procedure. If the Authority elects to retender the provision of the Project under clause 51.1 (Retendering Election), then the following provisions shall apply: The objective of the retendering procedure shall be to establish and pay to the Contractor the Adjusted Highest Compliant Tender Price, as a result of the Tender Process. The Authority shall (subject to any legal requirements preventing it from doing so) use its reasonable endeavours to complete the Tender Process as soon as practicable. The Authority shall notify the Contractor of the Qualification Criteria and the other requirements and terms of the Tender Process, including the timing of the Tender Process, but shall act reasonably in setting such requirements and terms. The Contractor authorises the release of any information by the Authority under the Tender Process which would otherwise be prevented under clause 62 (Freedom of Information and Confidentiality) that is reasonably required as part of the Tender Process. The Contractor may appoint a person (the Tender Process Monitor) to monitor the Tender Process for the purpose of monitoring and reporting to the Contractor and the Senior Lenders on the Authority's compliance with the Tender Process and making representations to the Authority. The Tender Process Monitor will not disclose any confidential information to the Contractor or any other person (and shall provide an undertaking to the Authority to such effect as a condition of its appointment) but shall be entitled to advise the Contractor as to whether it considers that the Authority has acted in accordance with the Tender Process, and correctly determined the Adjusted Highest Compliant Tender Price. The Tender Process Monitor shall enter into a confidentiality agreement with the Authority in a form acceptable to the Authority and shall be entitled to attend all meetings relating to the Tender Process, inspect copies of the tender documentation and bids and shall be required to make written representations to the Authority regarding compliance with the Tender Process. All representations shall be made by the Tender Process Monitor in a timely manner as the Tender Process proceeds. The Authority shall not be bound to consider or act upon such representations but acknowledges that such representations may be referred to by the Contractor in the event that the Contractor refers a dispute relating to the Adjusted Highest Compliant Tender Price to dispute resolution in accordance with the Dispute Reso...

Retendering Procedure. If the Authority elects to retender the provision of the Project under clause 1.257 (Retendering Election), then the following provisions shall apply:

Retendering Procedure. If the Councils elect to retender the provision of the Service and Works under clause 53.1 (Retendering Election), then the following provisions shall apply:

Retendering Procedure. If the Authority elects to retender the provision of the Project under paragraph 1.1.1, then the following provisions shall apply:

Retendering Procedure. If the Authority elects to retender the provision of the Project under clause 37.1 (Retendering Election), then the following provisions shall apply:- 37.2.1 The objective of the retendering procedure shall be to establish and pay to the Contractor the Adjusted Highest Compliant Tender Price, as a result of the Tender Process. 37.2.2 The Authority shall (subject to any legal requirements preventing it from doing so) use its reasonable endeavours to complete the Tender Process as soon as practicable. 37.2.3 The Authority shall notify the Contractor of the Qualification Criteria and the other requirements and terms of the Tender Process, including the timing of the Tender Process, but shall act reasonably in setting such requirements and terms and, in particular the Authority shall:- (a) be obliged to exercise its rights of step-in under the SRF Offtake Contract Direct Agreement in accordance with the terms of the SRF Offtake Contract Direct Agreement if no Acceptance Certificate has been issued in respect of either of the New Facilities; (b) if an Acceptance Certificate has been issued in respect of either of the New Facilities, only be obliged to exercise its rights of step-in under the SRF Offtake Contract Direct Agreement in accordance with the terms of the SRF Offtake Contract Direct Agreement if based on information provided to the Authority in relation to the relevant SRF Offtake Contract(s) it is agreed or determined that the Authority will be able to:- (i) make the annual required tonnage of On-Specification SRF (as defined in the relevant SRF Offtake Contract) available for collection by the relevant SRF Offtaker; (ii) (in complying with any relevant obligations contained in the relevant SRF Offtake Contract(s)) at all times act in accordance with Legislation and Good Industry Practice; and (c) structure the Tender Process so that:- (i) bidders are required to price their bid on a basis that involves both the transfer of the SRF Offtake Contract(s) and no transfer of the SRF Offtake Contract(s); and (ii) to the extent that the Authority has in connection with the termination of this Agreement exercised step-in rights or otherwise accepted a transfer of any other contracts relating to the individual Services (including Landfill, the operation of HWRCs and contracts involving Third Party Revenue or Third Party Income but excluding for the avoidance of doubt the SRF Offtake Contract(s)), structure the Tender Process in a way that allows bidders to pri...