Instruction to Tenderers – Restricted/ Negotiated/ Competitive Dialogue Procedure for Works Contractors

## 5. Requirements for Tenders, Continued

5.11 Specialists (continued)	If a change is being proposed the Candidate must submit a completed Suitability Assessment Questionnaire for the alternative or substitute Specialist providing the same level of information as was required for the Specialists at the Candidate’s prequalification stage. The Employer will conduct a suitability assessment of the alternative Specialist on the same basis as the original procedure used for the initial Specialists. Following the assessment, if the Employer concludes that the Candidate would not have been invited to tender with the alternative or substitute Specialist (for example because the alternative Specialist does not meet the suitability standard i.e. the minimum standards required for initial Specialists pre- qualified with Candidate), the Candidate will be excluded from further participation in the competition. When a Candidate wishes to change a Specialist listed in the Works Requirements ((2) above), by offering an alternative or substitute, it should indicate this in writing with a new suitability assessment questionnaire for the proposed new Specialist to the Employer before the last date stated in the Particulars. Furthermore, it should also clearly name the proposed alternative or substitute Specialist in the Schedule, part 2E provided the alternative or substitute has not already been rejected by the Employer. If a change is being proposed the Candidate must submit a completed Suitability Assessment Questionnaire for the alternative or substitute Specialist providing the same level of information as was required for the listed Specialists in the Works Requirements. The Employer will conduct a suitability assessment of the alternative Specialist on the same basis as the original procedure used for the listed Specialists in the Works Requirements. Following the assessment, if the Employer concludes that the Candidate would not have been invited to tender with the alternative or substitute Specialist (for example because the alternative Specialist does not receive marks that are equal to or greater than the marks obtained by the panel Specialist with lowest marks), the Candidate may not include that Specialist in the tender submission. However it may opt to include one of the panel Specialists provided it has named the panel Specialist in Schedule Part 2E and has included a letter from that Specialist named in Schedule Part 2E agreeing to enter a contract with the Tenderer to perform the identified element if the Tenderer is awarded the contract. If the Candidate proposes a Specialist as an alternative to one on a panel before the last date to make such a proposal (as stated in the Particulars) including submitting a Suitability Assessment Questionnaire for the proposed Specialist, the Employer shall notify the Candidate of the decision on the Specialist before the last date for submitting tenders. After Tender submission and before issue of a Letter of Acceptance or Tender Acceptance, if a Tenderer demonstrates to the Employer’s satisfaction that any of the insolvency events listed in sub-clause 12.1.1(11) of the Conditions has occurred to a Specialist whose letter of agreement was submitted with the Tender, or that such a Specialist has repudiated the letter of agreement (a letter from the Specialist setting out the reasons for the repudiation will be required), the Tenderer may, with the Employer’s consent, propose a substitute Specialist, and the above provisions for substitution apply. Note: If Specialists are not required for a particular project the words ‘not applicable’ should be entered by the Contracting Authority opposite the relevant reference (i.e. section 5.11) in the Particulars.

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