Guidance note: Procuring Agencies, in consultation with the Department of Treasury and Finance, should provide details in the Important Notice below on the State contracting party including a short description of the source and the basis of authority of government (i.e. the source of government power) to enter into the Project Deed. |
This Request for Proposal (RFP) has been prepared by the State and is provided only to parties who were shortlisted at the EOI Phase. It is subject to the Terms and Conditions.
This RFP (including information contained in the Data Room) has been prepared to assist Respondents in making their own evaluation of the Project and does not purport to contain all of the information that Respondents may require. Respondents should conduct their own independent investigations, review and analysis of the Project and the information set out in this RFP.
Respondents must rely entirely on their own investigations, review and analysis, and not on this RFP, in relation to their assessment of the Project and the preparation of Proposals. This RFP is not an offer document and is not intended to give rise to any contractual relationship. The Terms and Conditions address the basis on which information is provided by the State.
Whilst the [insert Procuring Agency] has taken care in the preparation of the information contained or referred to in this document and believes it to be accurate, none of the State or the [insert Procuring Agency], gives any warranty or makes any representations, expressed or implied, as to the truth, completeness or accuracy of the information contained or referred to in this document or any information which may be provided in connection with it. The State expressly disclaims any and all liability relating to or resulting from the use of such information by any Respondent or Respondent Members in the preparation and submission of a Proposal.
Without limiting the Terms and Conditions:
• all of the information contained in this RFP is subject to the confidentiality obligations contained in the Terms and Conditions;
• none of the information contained in this RFP will be used by the Respondent, any Respondent Members or Respondent Associates other than as permitted by the Terms and Conditions; and
• the State reserves the right in its absolute discretion to require that all information, other than publicly available information, provided to Respondents by or on behalf of the State (and copies of such information) be returned to the State or, at the option of the State, destroyed at any stage.
Nothing in this RFP limits the application of the Terms and Conditions and the Terms and Conditions prevail to the extent of any inconsistency.