SATISFACTION OF THE PRINCIPAL THAT THE SUBCONTRACTOR IT INTENDS TO SELECT IS THE
BEST CHOICE HAVING REGARD TO:
A.
THE PRICE QUOTED IN THE PREVAILING MARKET CONDITIONS;
B.
THE EXPERIENCE AND CAPABILITY OF THAT SUBCONTRACTOR; AND
C.
THE ABILITY OF THE CONTRACTOR TO CARRY OUT THE VARIATION IN
THE MANNER REQUIRED BY THIS AGREEMENT IF IT SUBCONTRACTS THE VARIATION TO THAT
SUBCONTRACTOR.
(C)
THE PRINCIPAL RESERVES THE RIGHT TO CONDUCT A TENDER PROCESS
AT ANY TIME TO OBTAIN QUOTES WITH RESPECT TO ANY VARIATION PROPOSED BY EITHER
PARTY.
IF THE PRINCIPAL, THROUGH A TENDER PROCESS, SELECTS A PARTY OTHER THAN
THE CONTRACTOR TO PERFORM A VARIATION, THE CONTRACTOR AGREES TO ENTER INTO A
SUBCONTRACTING AGREEMENT WITH THAT PARTY ON REASONABLE TERMS AGREEABLE TO THE
PRINCIPAL AND THE CONTRACTOR.
UNDER THIS ARRANGEMENT, THE PRINCIPAL MUST PAY
THE CONTRACTOR THE DIRECT COSTS OF ADMINISTERING SUCH A CONTRACT PLUS A MARGIN
OF [**]% ON THOSE DIRECT COSTS OF ADMINISTRATION.
20.10
UPDATED DOCUMENTATION
The Contractor must provide to the Principal's Representative promptly following
implementation of a Variation copies of all documentation used to implement the
Variation.
The Contractor must amend, and deliver to the Principal's
Representative, the Solution Documentation and Services Documentation to reflect
any changes resulting from a Variation.
20A
Options
20A.1
NATURE AND EXPIRY OF OPTIONS
(a)
The Principal may require the Contractor to carry out an
Option by issuing a written order at any time up to the Expiry Date for that
Option and the Contractor shall not be entitled to any extension of time as a
result of carrying out an Option under this clause 20A.1.
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(b)
If the Principal requires an Option to be carried out after
its Expiry Date the Contractor shall carry out the work as a Variation in
accordance with clause 20 and clauses 20A.2, 20A.3 and 20A.4 shall not apply.
20A.2
VALUATION OF OPTION
(a)
The cost of an Option carried out pursuant to a notice
issued by the Principal under clause 20A.1(a) shall be the corresponding Option
Price to that Option set out in Schedule 34.
(B)
(I)
THE CONTRACTOR SHALL NOT BE ENTITLED TO
ANY COSTS IN RELATION TO AN OPTION CARRIED OUT PURSUANT TO A NOTICE ISSUED BY
THE PRINCIPAL UNDER CLAUSE 20A.1(A) APART FROM THE OPTION PRICE FOR THAT OPTION
CALCULATED IN ACCORDANCE WITH THIS CLAUSE 20A.2.
(ii)
Without derogating from clause 20A.2(b)(i), the Option
Price is deemed to cover:
A
all labour, materials, on and off-site overheads and profit
required to perform all work the subject of the Option and comply with the
Contractor's obligations under this agreement; and
B.
all costs and expenses which will be incurred by the
Contractor arising out of or in connection with the Option delaying the
Contractor.
20A.3
PAYMENT FOR OPTIONS
(a)
The Principal shall pay the Contractor the Option Price of
an Option carried out pursuant to a notice issued by the Principal under clause
20A.1(a) at the time that payment is due in respect of the Phase to which the