Third-Party Construction Services Element Clause Samples

Third-Party Construction Services Element. The third party construction services element shall be a proposal by the DBOM Contractor to conduct, to the extent permitted under Applicable Law, a bidding or competitive proposal process for the construction work or the design-build work involved in completing the Capital Modification. The bidding process shall include an advertisement for bids and a construction contract award to the lowest responsible bidder, and shall be conducted in accordance with the requirements of Applicable Law which govern construction projects undertaken by the BWS. The resulting construction or design-build contract shall be held by and executed in the name of the BWS or the DBOM Contractor, as determined by the BWS in compliance with Applicable Law. A “competitive proposal process” referred to herein may include a request for proposals and a design-build contract award to the proposer whose proposal is determined to provide the best value considering the relative importance of price and other evaluation factors included in the request for proposals. With respect to any Capital Modification to be undertaken at the BWS’s expense, the BWS will have the right to elect to be a party to all such construction contracts or design-build contracts, including if the BWS determines it is required to be a party to such contracts by Applicable Law.