If, with respect to a Defect or damage to an Estate Element, the Contractor considers that;
Then the Contractor must give the CA a notice setting out the Contractor's alternative proposal within the time frames placed against the work to DEPU-CLAIMS
Following receipt of a notice the CA may, in its absolute discretion, accept the Alternative Proposal and issue a direction to that effect to the Contractor or reject the notice.
The Contractor shall meet with the CA, if required, and;Provide such further details about its proposal as the CA may require; and undertake genuine negotiations with the CA for the purposes of ensuring that the Contractor's proposal (as negotiated and finalised) provides the Commonwealth with the best value for money reasonably able to be provided by the Contractor.
If approved the contractor will perform the works on the terms of its written proposal including its lump sum price, as negotiated and documented by the CA.
The Alternative proposals described have been included in the Contract for the benefit of the Commonwealth, and the CA has no obligation to accept any alternative proposal notified by the Contractor. The acceptance of any alternative proposal does not of itself entitle the Contractor to Reimbursement. Any claim for reimbursement must be submitted in accordance with the business rules for claiming reimbursement.
For works less than $80,000 ex GST, the EMOS is required to submit Part One and Part Two of the AP Form for approval.
For woks greater than $80,000 ex GST, the EMOS is required to initially submit only Part One in order to seek approval of the following:
If DEPU provides the EMOS with approval of the three components in Part One, the EMOS is to fully develop the proposal and submit all Reports, Quotes, Tender Document and Part Two to DEPU.