Common use of Mini-Competition Clause in Contracts

Mini-Competition. 8.1 Without prejudice to Clause 7, at any time during the Framework Term, the Authority may identify Proposed Capital Works which it assesses (in its discretion) to have a value of two hundred and fifty thousand (£250,000) or more and which, in its sole discretion, it wishes to let under the terms of this Contract through a Mini-Competition process. The Authority reserves the right, at its discretion, to amend such process from time to time, whether to reflect best practice and/or Applicable Laws or otherwise as may be permitted by law. 8.2 Where the Authority undertakes a Mini-Competition, it shall issue to those contractors signed up to the TCMS2 Framework a Mini-Competition Request, specifying the Proposed Capital Works it wishes to be provided, incorporating the applicable contract data and setting out any other information required by the Authority and Schedule 1, Annex A, paragraph 1 shall apply to such Mini-Competition. 8.3 In the event that the Contractor receives a Mini-Competition Request: 8.3.1 the Contractor shall promptly (and in any event within two days) confirm receipt of the Mini-Competition Request in writing; and 8.3.2 the Contractor shall complete and issue to the Authority a Proposal incorporating the applicable completed contract data and any other relevant documents or shall notify the Authority that it does not intend to submit a Proposal. The Contractor shall respond to the Authority by the date specified in the Mini-Competition Request or, if no such date is specified, within 10 Business Days of receiving the Mini-Competition Request, or by such other date as may be specified by the Authority. A Proposal is an offer capable of acceptance and remains valid for at least ninety (90) Business Days (or such longer period as may be specified in the Mini-Competition Request) from the date it is submitted to the Authority. 8.4 Subject to Clause 8.9, the Authority shall evaluate tendered Proposals with reference to the assessment criteria set out in the Mini-Competition Request as they relate to the Proposed Capital Works in question in accordance with the provisions of Schedule 1, Annex A, paragraph 1. Each of the contractors to whom a Mini-Competition Request was sent will be notified as to whether or not it has been successful. 8.5 If the Authority accepts the Contractor’s Proposal pursuant to Clause 8.4, the Authority shall issue a completed Works Instruction to the Contractor. 8.6 In response to a Mini-Competition Request, the Contractor shall submit with each Proposal full details of the basis on which the relevant Prices have been calculated. In preparing a Proposal, the Contractor may use rates, prices, percentages and allowances which are less than those stated in the Schedule of Capital Works Rates but the Contractor shall not use any rates, prices, percentages and allowances which exceed those stated in the Proposed Capital Works. The Authority shall identify in the Mini-Competition Request the method by which the Contractor should show any applicable reduction in the rates, prices, percentages and allowances against those stated in the Proposed Capital Works. 8.7 A Mini-Competition Request and anything prepared or discussed by the Authority shall constitute an invitation to treat and shall not constitute an offer capable of acceptance by the Contractor. The Authority shall not be obliged to consider or accept any Proposal submitted by the Contractor. 8.8 Subject to Clause 9, this Contract does not oblige the Authority to issue any Works Instruction for any Proposed Capital Works to the Contractor. 8.9 Unless otherwise expressly agreed in writing with the Authority the Contractor shall not be entitled to charge for any work involved in receipt and/or confirmation of any Mini-Competition Request, and/or any response to any Mini-Competition Request as contemplated in this Clause 8. 8.10 The Contractor shall be responsible for all and any costs, charges and expenses incurred by the Contractor arising from or associated with the procurement process in this Clause 8 and the Authority shall not be liable for any costs, charges or expenses borne by or on behalf of the Contractor whether or not the Contractor is awarded the relevant Proposed Capital Works, which for the avoidance of doubt includes any costs, charges and expenses arising from or associated with an abortive or cancelled procurement process. If the Authority issues a Works Instruction to the Contractor this Clause 8.10 does not affect the Contractor’s right to payment for the Instructed Capital Works provided under such Works Instruction.