Common use of Selection of Tenderers Clause in Contracts

Selection of Tenderers. The LEP shall be responsible for compiling the list of Prospective Tenderers. The LEP shall be responsible for selecting the Tenderers from the list of Prospective Tenders on the basis of the following criteria: the financial standing of the Prospective Tenderers; and the technical, managerial and other relevant experience and ability of the Prospective Tenders (taking into account any relevant customer references). The Local Authority shall have a right to object to the selection of any person as a Prospective Tenderer if such person does not (or could not reasonably be considered) to comply with any of the criteria referred to in paragraph 6.2 above. To avoid doubt, an Excluded Person shall not be disqualified from selection as a Tenderer merely by virtue of the existence of the contractual relationship reflected in the Project Documents, Partnering Service Agreements or Supply Chain Agreements or in circumstances where its selection has been approved by the shareholders of the LEP pursuant to the terms of clause 6.2 of the Shareholders' Agreement, subject to: compliance with all Laws; and the establishment by the LEP of, and compliance with, arrangements satisfactory to the Local Authority (acting reasonably) to avoid any conflict of interest or unfair advantage. Failure by the LEP to comply with any such arrangements shall automatically lead to the disqualification of the Excluded Person and the provisions of paragraph 11 (Indemnities) shall apply. The Local Authority shall, in its absolute discretion, have the right to veto the selection of any person as a Tenderer on the grounds that the Prospective Tenderer has committed a Prohibited Act. The LEP shall (after consultation with the Local Authority) provide any Prospective Tenderer which is unsuccessful in being selected as a Tenderer with an appropriate explanation of the reasons behind its non-selection, if so requested by the person in question. Where, in respect of any Market Tested Service or group of Market Tested Services or any part of any Market Tested Service, there is only one Prospective Tenderer (or the LEP intends to select only one of the Prospective Tenderers as Tenderer), the LEP shall not be entitled to proceed with the Market Testing of the same without the prior written consent of the Local Authority, such consent not to be unreasonably withheld or delayed. The LEP shall be responsible for managing and co-ordinating the Market Testing in an efficient and fair manner in accordance with the Market Testing Proposal (and in particular, but without limitation, the Tender Requirements) and shall procure that only Tenderers selected in accordance with this Schedule are invited to submit tenders. The LEP shall ensure that the principle of equality of information to, and treatment of, Tenderers shall apply at all times. The LEP shall send all necessary documents and information to Tenderers (including, without limitation, the Tender Requirements) in a timely manner. Tenders must be assessed for compliance with the Tender Requirements. The LEP shall bear all of its own costs, fees and expenses associated with Market Testing but shall be entitled to recover such costs, fees and expenses as part of the Project Management Fees recoverable by the LEP in accordance with clause 9 (Payment for Services and financial provisions). Following expiry of the Tender Validity Period, the LEP shall (subject to the provisions of this paragraph) determine which Tenderer (the Preferred Tenderer) offers the Compliant Tender in respect of any Market Tested Service, group of Market Tested Services or individual part of any Market Tested Service, that represents (as the case may be) the best value for money for the Local Authority. Immediately upon making the determination referred to in paragraph 8.1, the LEP shall supply to the Local Authority a copy of its tender evaluation together with sufficient supporting information concerning the tender evaluation to enable the Local Authority to analyse and understand the basis for the LEP's determination. If the Local Authority do not agree with the LEP's determination in the case of any Compliant Tender, the Local Authority may, within fifteen (15) Business Days of being provided with the tender evaluation pursuant to paragraph 8.2, dispute such determination and, if the parties do not resolve such dispute within a further fifteen (15) Business Days, the dispute shall be referred for resolution in accordance with the Dispute Resolution Procedure.