Department of Defence - [Head Contract (HC-1 2003) / Medium Works Contract (MW-2 2004)] - Tender Documents - [insert
name of project/works, as applicable]
2412410-v10\SYDDMS 12
more than one) with the same
information, opportunity to negotiate,
or proposed amendment of any aspect
of the Tender Documents (including
the Contract in Part 5) or the preferred
Tenderer's Tender.
(g) Without limiting paragraph (h)(v), the
Commonwealth may (in its absolute
discretion) discontinue negotiations at any
time and for any reason with a preferred
Tenderer or appoint one or more other
preferred Tenderers with which to enter into
negotiations.
(h) In submitting its Tender, each Tenderer:
(i) acknowledges that the entire tender
process (including the process for
meeting with Tenderers under
paragraph (a) and then obtaining,
evaluating and (if applicable)
negotiating Tenders) (Process) is being
conducted solely for the benefit of the
Commonwealth;
(ii) acknowledges that, without limiting the
legal effect of the preferred Tenderer's
obligations under any preferred
Tenderer negotiation protocol required
under paragraph (d)(ii), the
Commonwealth does not intend to
create any contract or other relationship
under which the Commonwealth is
legally obliged to conduct the Process
in any manner or at all (whether in
accordance with the terms of these
Tender Documents or otherwise) and
that there is in fact no such contract or
other relationship in existence;
(iii) acknowledges that there will be no
procedural or substantive limitation
upon the manner in which the
Commonwealth may (in its absolute
discretion) conduct the Process;
(iv) acknowledges that, to the extent
permitted by law:
A. the Commonwealth does not
make any warranty, guarantee
or representation about a
Tenderer's Tender, the
Commonwealth's requirements
for the Contractor's Activities or
the way in which it will evaluate
Tenders arising out of or in
connection with anything which
the Commonwealth states or
does or omits to state or do in,
arising out of or in connection
with any meeting under
paragraph (a) or (b) or any
industry briefing (Meeting
Conduct);
B. the Commonwealth does not
owe any duty of care to the
Tenderer in respect of any
Meeting Conduct; and
C. the Tenderer will not in any way
rely upon any such Meeting
Conduct for the purposes of
preparing, amending or
negotiating its Tender or entry
into any contract with the
Commonwealth with regard to
the Contractor's Activities;
(v) acknowledges that, without limiting
subparagraph (iii), the Commonwealth
may (in its absolute discretion) vary,
suspend or, if the Commonwealth
believes (in its absolute discretion) that
it may do so in accordance with the
Commonwealth Procurement Rules,
discontinue or terminate the Process at
any time and for any reason;
(vi) acknowledges that, notwithstanding
subparagraphs (i) - (v), the Tenderer is
submitting to the Process because it
considers that this represents a valuable
commercial opportunity for the
Tenderer;
(vii) releases the Commonwealth from all
Claims in respect of any costs,
expenses, losses or damages incurred
or suffered as a result of or in
connection with the Process, the
rejection of, failure to evaluate or
failure to accept the Tenderer's Tender,
any failure to comply with the Tender
Documents, any Meeting Conduct or
any debrief;
(viii) acknowledges that the Commonwealth
is proceeding with the Process strictly
on the basis of, and in reliance upon,
the acknowledgements and releases set
out above;
(ix) will indemnify the Commonwealth in
respect of all claims, losses, damages,
liabilities, costs and expenses of any
kind suffered or incurred as a result of
or in connection with any breach of any
acknowledgement or release given by
the Tenderer under this paragraph (h);
and