FAHU & Condensing Unit Rectification Work at J8 building
Break Down Posted On: November 13, 2024 Closing On: November 16, 2024
(a) Vendor has obtained the prior written consent of HOAM to the use of the subcontractor, and
(b) Vendor has entered into a separate written agreement with the subcontractor which requires the subcontractor to agree to and abide by all the terms and conditions of this Agreement.
The Community shall be deemed to be a third-party beneficiary of any such agreement between the vendor and a permitted subcontractor.
Notwithstanding the foregoing, the vendor shall not be relieved of any of its duties or obligations under this Agreement as a result of entering into a written agreement with a permitted subcontractor. 3. HOAM has issued the RFP with the intent of purchasing the goods or services described in the Requirements. The term HOAM (Highrise Owners Association Management LLC) includes its officers, employees, contractors, consultants, agents and representatives. b. make any material change to the RFP (including any change to the timeline, Requirements or Evaluation Approach). a. in exceptional circumstances, accept a late Proposal where it considers that there is no material prejudice to other Vendors. HOAM will not accept a late Proposal if it considers that there is risk of collusion on the part of a Vendor, or the Vendor may have knowledge of the content of any other Proposal j. waive irregularities or requirements in or during the RFP process where it considers it appropriate and reasonable to do so. a. selecting any individual element/s of the Requirements that is offered in a Proposal and capable of being delivered separately, unless the Proposal specifically states that the Proposal, or elements of the Proposal, are to be taken collectively b. selecting two or more Vendors to deliver the Requirements as a joint venture or consortium.
1. All enquiries regarding the RFP must be directed to HOAM’s Point of Contact.
2. Vendors must not directly or indirectly approach any representative of HOAM, or any other person, to solicit information concerning any aspect of the RFP.
3. Only the Point of Contact, and any authorised person of HOAM, are authorised to communicate with Vendors regarding any aspect of the RFP. HOAM will not be bound by any statement made by any other person.
4. HOAM may change the Point of Contact at any time. This notification may be posted on the system.
Where a Vendor has an existing contract with HOAM then business as usual communications, for the purpose of managing delivery of that contract, will continue using the usual contacts. Vendors must not use business as usual contacts to lobby HOAM, solicit information or discuss aspects of the RFP.
6. Each Vendor must accept and adhere to the Conflict of Interest declaration in the Response Form and must immediately inform HOAM should a Conflict of Interest arise during the RFP process. A material Conflict of Interest may result in the Vendor being disqualified from participating further in the RFP.
7. Vendors must not attempt to influence or provide any form of personal inducement, reward or benefit to any representative of HOAM in relation to the RFP.
8. A Vendor who attempts to do anything prohibited may be disqualified from participating further in the RFP process.
9. HOAM reserves the right to require additional declarations, or other evidence from a Vendor, or any other person, throughout the RFP process to ensure probity of the RFP process.
10. Vendors must not engage in collusive, deceptive or improper conduct in the preparation of their Proposals or other submissions or in any discussions or negotiations with HOAM. Such behaviour will result in the Vendor being disqualified from participating further in the RFP process. In submitting a Proposal the Vendor warrants that its Proposal has not been prepared in collusion with a Competitor.
11. HOAM reserves the right, at its discretion, to report suspected collusive or anticompetitive conduct by Vendors to the appropriate authority and to give that authority all relevant information including a Vendor’s Proposal.
12. HOAM and Vendor will each take reasonable steps to protect Confidential Information and, without limiting any confidentiality undertaking agreed between them, will not disclose Confidential Information to a third party without the other’s prior written consent.
13. HOAM and Vendor may each disclose Confidential Information to any person who is directly involved in the RFP process on its behalf, such as officers, employees, consultants, contractors, professional advisors, evaluation panel members, partners, principals or directors, but only for the purpose of participating in the RFP.
14. Vendors acknowledge that by law, HOAM will not be in breach of its obligations if Confidential Information is disclosed by HOAM to the appropriate authority because of suspected collusive or anticompetitive tendering behaviour. Where HOAM receives a request that relates to a Vendor’s Confidential Information HOAM will consult with the Vendor and may ask the Vendor to explain why the information is considered by the Vendor to be confidential or commercially sensitive.
15. For the duration of the RFP, to the date of the announcement of the Successful Vendor, or the end of the RFP process, the Vendor agrees to keep the RFP strictly confidential and not make any public statement to any third party in relation to any aspect of the RFP, the RFP process or the award of any Contract without HOAM’s prior written consent.
16. A Vendor may disclose RFP information to any person but only for the purpose of participating in the RFP. The Vendor must take reasonable steps to ensure that such recipients do not disclose Confidential Information to any other person or use Confidential Information for any purpose other than responding to the RFP.
17. Each Vendor will meet its own costs associated with the preparation and presentation of its Proposal and any negotiations.
Ownership of documents
18. The RFP and its contents remain the property of HOAM. All Intellectual Property rights in the RFP remain the property of HOAM or its licensors. HOAM may request the immediate return or destruction of any or all RFP documents and any copies. Vendors must comply with any such request in a timely manner.
19. All documents forming the Proposal will, when delivered to HOAM, become the property of HOAM. Proposals will not be returned to Vendors at the end of the RFP process.
20. Ownership of Intellectual Property rights in the Proposal remain the property of the Vendor or its licensors. However, the Vendor grants to HOAM a non-exclusive, non-transferable, perpetual licence to retain, use, copy and disclose the information contained in the Proposal for any purpose related to the RFP process.
No binding legal relations
21. Neither the RFP, nor the RFP process creates a process contract or any legal relationship between HOAM and any Vendor, except in respect of:
a. the Vendor’s declaration in its Proposal
b. the Offer Validity Period
c. the Vendor’s statements, representations and/or warranties in its Proposal and in its correspondence and negotiations with HOAM.
d. no legal relationship is formed between HOAM and any Vendor unless and until a contract is entered into between those parties.
Elimination
22. HOAM may exclude a Vendor from participating in the RFP if HOAM has evidence of any of the following, and is considered by HOAM to be material to the RFP:
a. the Vendor has failed to provide all information requested, or in the correct format, or materially breached a term or condition of the RFP
b. the Proposal contains a material error, omission or inaccuracy
c. the Vendor is in bankruptcy, receivership or liquidation
d. the Vendor has made a fa
