The ITP is subject to the Terms and Conditions. The Terms and Conditions contain a number of important requirements in relation to the disclosure of information by the State and its Associates during the Tender Process including information provided:
• verbally during any ITP Workshops and Site Inspections; and
• via the Data Room.
Without limiting the Terms and Conditions, the following overarching protocols will apply to the ITP:
• information exchanged in ITP Workshops and Site Inspections and information provided via the Data Room and the Q&A Process during the ITP will not in any way constitute an endorsement, approval or evaluation of a concept or method by the State and, unless expressly stated in the RFP, does not form part of the evaluation process;
• the State and its Associates may provide feedback regarding the State's views on information submitted during the ITP, including what it considers to be both positive and negative aspects of Respondents' proposed solutions, concepts and methods in relation to the State's requirements set out in the RFP. Such comments, however, are not to be interpreted as directions, instructions or an endorsement, approval or evaluation. Respondents must form their own view on how to incorporate the feedback (if at all) in their Proposals; and
• while the State may inform Respondents during the ITP that one or more of their proposed solutions, concepts or methods may be inconsistent with or fail to adequately address the State's requirements, the State cannot, and does not represent, that every inconsistency or issue will be detected and/or commented upon by the State. Silence or failure by the State to comment does not in any way constitute endorsement, approval or otherwise of Respondents' proposed solutions, concepts or methods.
In addition to the overarching ITP protocols outlined above, the following activity specific protocols will also apply to the ITP:
• the ITP Workshop Protocols set out in section 2.2 (ITP Workshop Protocols) of this ITP Plan; and
• the Site Inspection Protocols set out in section 9.2 (Site Inspection Protocols) of this ITP Plan.
The State reserves its rights under the Terms and Conditions in the event that a Respondent breaches the ITP Plan including the ITP Workshop Protocols and the Site Inspection Protocols.