(b)
A late Tender will be excluded from consideration unless RMS otherwise
determines, in its
absolute discretion and without having any obligation to do so, that it is appropriate for a late
Tender to be considered.
4.4
T
ENDERER TO
I
NFORM
I
TSELF
(a)
The Tenderer must:
(i)
examine the Tender Documents, the Construction Site and its surroundings, and any
other information made available in writing by RMS, or any other person on RMS behalf,
to the Tenderer for the purpose of tendering;
(ii)
examine all information relevant to the risks, contingencies and other circumstances
having an effect on its Tender and which is obtainable by the making of reasonable
enquiries;
(iii)
at its own cost and expense (except where RMS at its expense
carries out any further
testing under clause 1.4 of this Request for Tender), satisfy itself as to all matters and
things relevant to these Tender Conditions and the Information Documents from its own
investigations, evaluations, interpretations and sources;
(iv)
satisfy itself as to the correctness and sufficiency of its Tender and that its price covers
the costs of complying with all the obligations of the Tender Documents and of all
matters and things necessary for the due and proper performance and completion of the
Contractor's Work and the Contractor's obligations under the Project Deed;
(v)
inform itself of all matters relevant to the employment of labour at the Construction Site
and all industrial matters relevant to the Construction Site, the Contractor’s Work and the
Contractor's obligations under the Project Deed;
(vi)
itself secure access to any part of the Construction Site it requires
to carry out its own
investigation and testing for design purposes or otherwise; and
(vii)
take such professional advice as is appropriate for a project of this type.
4.5
N
ON
-C
ONFORMING
T
ENDERS
(a)
Any Tender will be regarded as non-conforming and may be rejected if it:
(i)
does not conform with, or is not lodged in accordance with, the requirements of clause
4.2 of
this Request for Tender; or
(ii)
contains alterations or erasures or sets out prices or otherwise any contents which are not
clearly and legibly stated.
(b)
RMS may however, in its absolute discretion and without having any obligation to do so, take
into account and accept any non-conforming Tender.
4.6
P
RE
-
REQUISITES TO
A
CCEPTANCE
(a)
Subject to clause 4.6(b) of this Request for Tender, no Tenderer will
be permitted to alter its
Tender after it has been submitted.
(b)
Notwithstanding any other requirements of the Tender Documents, RMS may require the
Tenderer to submit additional information, add further offers, rectify a non-conformity or make a
formal presentation for the purpose of explaining Tender details to allow further consideration of
its Tender before any Tender is accepted.
(c)
If the Tenderer fails to submit any of the information required by the date and time stipulated by
RMS, the Tender may be treated as non-conforming.
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(d)
Without limiting this clause 4.6, RMS may require that the Tenderer submit similar information
to that required to be furnished by the Tenderer by the Tender Conditions in respect of any of the
Subcontractors to whom it proposes to subcontract any part of the Contractor’s Work.
4.7
A
CCEPTANCE OF
T
ENDERS
(a)
This Request for Tender is not an offer by RMS. It is merely a Request for Tenderers to submit
an offer to RMS on the terms of the Tender Documents. RMS is not bound or required
to accept
the lowest price or any Tender, whether conforming or not.
(b)
RMS may, in its absolute discretion, choose whether or not to select any Tenderer as the
Recommended Tenderer. If RMS selects a Recommended Tenderer, RMS must notify each
Tenderer in writing of its decision.
(c)
Without limiting clause 4.7(a) of this Request for Tender, RMS or the State may, in their absolute
discretion, at any time elect:
(i)
not to proceed with the tender process or the Project, or any part of the Project; or
(ii)
to
proceed with the Project, or any part of the Project, in any way, whether or not
contemplated by the Tender Documents.
(d)
RMS reserves the right in its absolute discretion (without any obligation to do so) and without
limiting any other right which it may have whether under this Request for Tender or otherwise, to
do any one or more of the following at any time without giving reasons:
(i)
reject or refuse to consider or evaluate any Tender or all Tenders;
(ii)
amend this Request for Tender;
(iii)
withdraw this Request for Tender;
(iv)
terminate the tender process;
(v)
advertise for new Tenders;
(vi)
terminate further participation in the process by any Tenderer;
(vii)
require additional information or further offers from any Tenderer;
(viii)
alter or vary any process or procedure regarding the consideration or the evaluation of
any Tender or all Tenders;
(ix)
waive any irregularities in the tender process or in any Tender;
(x)
vary funding for the Project;
(xi)
extend or change the Closing Date
and Time;
(xii)
accept a substitution of, withdrawal of, or addition to any of the parties comprising a
Tenderer; or
(xiii)
reject any Tender lodged by any Tenderer who has breached the NSW Code referred to in
clause 4.10.1(a) of this Request for Tender or the Building Code referred to in clause
4.11(a) of this request for Tender, or engaged in any collusive tendering, anti-competitive
conduct or any similar conduct with any other Tenderer or Participant or any other person
in relation to the preparation or lodgement of their Tender.
(e)
By submitting a Tender the Tenderer acknowledges that:
(i)
subject only to:
A.
the obligations expressly referred to as being created
by the submission of a
Tender and the obligation under clause 4.2(m) of this Request for Tender on the
Tenderer to ensure that its Tender remains valid for the period referred to in that
clause;
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