ENTITY IN PART A OF SCHEDULE 9 TO PERFORM PART OF THE WORK AND ANY ENTITY IN
PART B OF SCHEDULE 9 TO SUPPLY PRODUCTS (INCLUDING DEVICES) TO THE CONTRACTOR IN
RELATION TO THE WORK.
(B)
THE CONTRACTOR MUST NOT PERMIT:
(I)
ANY PART OF THE WORK TO BE PERFORMED BY:
A.
A SUBCONTRACTOR OR ANY PERSON (OTHER THAN ITSELF OR AN ENTITY
IN PART A OF SCHEDULE 9) WHERE THE VALUE OF THAT WORK EXCEEDS $[**]; OR
B.
ANY PERSON OTHER THAN ITSELF WHERE THAT WORK IS TO BE
PERFORMED ON ANY ACCESS PROVIDERS' PROPERTY OR BUS PROPERTY;
(II)
ANY SUPPLY OF PRODUCTS (INCLUDING DEVICES) TO THE
CONTRACTOR IN RELATION TO THE WORK TO BE MADE BY ANY PERSON (OTHER THAN ITSELF
OR AN ENTITY IN PART B OF SCHEDULE 9) WHERE THE TOTAL CONSIDERATION FOR THAT
SUPPLY EXCEEDS, OR IS LIKELY TO EXCEED, $[**],
unless:
52
(III)
IN THE CASE OF CLAUSE 10.2(B)(I), IT HAS MADE PRIOR
APPLICATION IN WRITING TO THE PRINCIPAL'S REPRESENTATIVE:
A.
GIVING FULL PARTICULARS OF THE PART OF THE WORK IT WISHES TO
SUBCONTRACT OR HAVE PERFORMED BY AN ENTITY OTHER THAN ITSELF, THE PROPOSED
SUBCONTRACT AND THE PROPOSED SUBCONTRACTOR; AND
B.
INCLUDING, IN THE CASE OF A SUBCONTRACT FOR DESIGN WORK,
PROVIDING A COPY OF THE PROFESSIONAL INDEMNITY INSURANCE POLICY HELD BY THE
PROPOSED DESIGN SUBCONTRACTOR OR A CERTIFICATE OF CURRENCY FOR SUCH POLICY IF
THE PROPOSED DESIGN SUBCONTRACTOR IS BOUND BY A DUTY OF CONFIDENTIALITY TO THE
ISSUER OF THE POLICY, PROHIBITING DISCLOSURE OF ITS TERMS, SUCH POLICY BEING IN
COMPLIANCE WITH CLAUSE 36 AND A LETTER TO THE PRINCIPAL FROM THE INSURANCE
BROKER OF THE PROPOSED DESIGN SUBCONTRACTOR CONFIRMING THAT THE POLICY CONFORMS
WITH THE REQUIREMENTS OF THIS AGREEMENT AND CONTAINING A STATEMENT ACKNOWLEDGING
THAT THE PRINCIPAL IS RELYING ON THE REPRESENTATION, IF IT IS PROHIBITED FROM
PROVIDING A COPY OF THE POLICY; AND
(IV)
IN THE CASE OF CLAUSE 10.2(B)(II), IT HAS MADE PRIOR
APPLICATION IN WRITING TO THE PRINCIPAL'S REPRESENTATIVE GIVING FULL PARTICULARS
OF THE PRODUCTS TO BE SUPPLIED, THE PROPOSED SUPPLY CONTRACT AND THE PROPOSED
SUPPLIER; AND
(V)
THE PRINCIPAL'S REPRESENTATIVE HAS NOT REJECTED THE
SUBCONTRACTOR OR SUPPLIER WITHIN 20 BUSINESS DAYS OF RECEIPT OF THE INFORMATION
REFERRED TO IN CLAUSE 10.2(B)(III) OR 10.2(B)(IV), SUCH REJECTION NOT TO BE
UNREASONABLE.
(C)
THE CONTRACTOR WILL ENSURE THAT, IN RELATION TO ANY
SUBCONTRACTOR OR ANY OTHER ENTITY THAT PERFORMS ANY WORK OR ANY ENTITY THAT
SUPPLIES PRODUCTS (INCLUDING DEVICES) TO THE CONTRACTOR IN RELATION TO THE WORK
("RELEVANT ENTITY"):
(I)
THE RELEVANT ENTITY IS A REPUTABLE ENTITY WHICH:
A.
HAS SUFFICIENT EXPERIENCE, EXPERTISE AND ABILITY TO PERFORM
ITS OBLIGATIONS TO THE STANDARDS REQUIRED BY THIS AGREEMENT, INCLUDING THE
REQUIREMENTS DOCUMENT AND THE SOLUTION DOCUMENTATION, AND THAT IT HAS EXPERIENCE
AND EXPERTISE IN SUCCESSFULLY DESIGNING, DEVELOPING, INTEGRATING, INSTALLING,
TESTING, IMPLEMENTING AND PROVIDING SIMILAR SOLUTIONS OR PROVIDING SIMILAR
SERVICES OR IN PROVIDING PRODUCTS RELATING TO SIMILAR SOLUTIONS;
B.
HAS IN PLACE ARRANGEMENTS FOR ENSURING THE AVAILABILITY OF
THE APPROPRIATE SKILLS AND