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Review Of The Producer Responsibility Initiative Model In ... - Repak

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4.4.2 <strong>The</strong> contract will be between the Department of the Environment, Community<br />

and Local Government and the contractor. <strong>The</strong> Department of the Environment,<br />

Community and Local Government, in the case of tender by a consortium, will<br />

not enter into a contract with individual members of the consortium; a lead<br />

contractor must be designated.<br />

4.4.3 Tenderers should note that a copy of any proposed contract or details of<br />

standard contractual arrangements, if available, should be included as an<br />

appendix to their tender proposal. Any terms and conditions in the proposed<br />

contract does not imply acceptance by the Department of the Environment,<br />

Community and Local Government.<br />

4.4.4 <strong>The</strong> Department of the Environment, Community and Local Government may<br />

cancel the tender process at any time prior to a contract being entered into and<br />

is bound neither to accept the lowest proposal/tender nor any tender offered.<br />

4.4.5 All works carried out shall be governed by the Laws of Ireland and subject to the<br />

exclusive jurisdiction of the Courts of Ireland.<br />

5. GENERAL CONDITIONS OF TENDER.<br />

5.1. Tenders should be prepared in English and are subject to the following:<br />

5.2. This Request for Tender shall form part of the contract documents.<br />

5.3. Tenderers should be aware that national legislation applies in other matters such<br />

as <strong>Of</strong>ficial Secrets, Data Protection and Health and Safety. All time references<br />

should be interpreted as referring to local time.<br />

5.4. Tenderers must have regard to statutory terms relating to minimum pay and to<br />

legally binding industrial or sectoral agreements in preparing tenders.<br />

5. 5. <strong>In</strong>formation supplied by tenderers will be treated as contractually binding.<br />

However, the Department of the Environment, Community and Local Government<br />

reserves the right to seek clarification or verification of any such information.<br />

5.6. Any conflicts of interest involving a tenderer must be fully disclosed to the<br />

Department of the Environment, Community and Local Government. Persons or<br />

companies engaged in or possessing a relationship with any service<br />

or operation which relates or may relate in any direct way to the outcome of the<br />

study may be excluded from applying or being involved in the undertaking of<br />

this study. Any decision of the Department in this regard shall be final.<br />

5.7. Any registerable interest involving the tenderer and the Department of the<br />

Environment, Community and Local Government, members of the Government,<br />

members of the Oireachtas or their relatives must be fully disclosed in the<br />

response to this RFT, or should be communicated to the Department of the<br />

Environment, Community and Local Government immediately upon such<br />

information becoming known to the tenderer, in the event of this information only<br />

coming to their notice after the submission of a bid and prior to the award of the `<br />

contract. <strong>The</strong> terms 'registerable interest' and 'relative' shall be interpreted as per<br />

section 2 of the Ethics in Public <strong>Of</strong>fice Act, 1994.<br />

5.8. Before a contract is awarded the successful tenderer (and agent, where<br />

appropriate) will be required to promptly produce a Tax Clearance Certificate, or in<br />

28

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