4. Ulladulla Harbour - Land - NSW Government
4. Ulladulla Harbour - Land - NSW Government 4. Ulladulla Harbour - Land - NSW Government
17.3 Changes to this Call DocumentLands reserves the right to amend the process andprocedures set out in this Call Document by notice inwriting to Proponents. Should this extend to alteringthe specific objective or extending the scope of this CallDocument or in the event of a change being made thatwould substantially affect or alter the nature of this CallDocument, Lands will issue Addenda which will apply toany amended process and procedures. All such Addendashall become part of the Call Document. To the extentpermitted by Law, Proponents will have no claim againstLands with respect to the exercise, or failure to exercise, ofsuch rights. Information contained in this Call Document issubject to review and change without notice.17.4 ClarificationsLands reserve the right to request any Proponent toclarify any aspect of the EOI that it submits in responseto this Call Document. Lands may require a Proponent toprovide further information to the Lands in relation to theProponent’s EOI.17.5 ProbityA Proponent shall not offer any incentive, or otherwiseattempt, to influence any of the persons who are eitherdirectly or indirectly involved in the evaluation of proposalsor in the awarding of any lease.If Lands determines that a Proponent has violated thiscondition, or the Proponent is otherwise found tohave engaged in such conduct, the Proponent may bedisqualified from further consideration at Lands’ absolutediscretion.Proponents should not respond to the EOI, unless theygenuinely believe themselves to have the capability andcapacity to undertake their proposals.17.6 Collusive tenderingProponents must not communicate, directly or indirectly,with any other Proponents (including through anyemployees, agents or contractors) regarding thepreparation, content or submission of proposals. Eachproposal must be submitted without any collusion, orknowledge, in the preparation of or about any otherproposal. Submission of a proposal to Lands is deemedto be a representation and warranty by the Proponentsubmitting that proposal that it has complied with therequirements of this paragraph. If Lands determines thata Proponent has violated this condition, Lands is entitledto disqualify that Proponent and to reject its proposal asbeing invalid.17.7 Conflict of InterestAny Proponent with a real or perceived conflict of interestmust declare that interest to Lands as soon as the conflictis identified. Where a conflict of interest arises it must beassessed and resolved in favour of the public interest bythe relevant parties. All Proponents are required to ensurethat their performance in respect of identifying, declaringand resolving any conflict of interest is beyond reproach.17.8 Cost of preparation of proposalsAll costs and expenses incurred by any person ororganisation (including, but not limited to, a proponent)in any way associated with this EOI, will be borne entirelyand exclusively by that person or organisation.17.9 Inquiries and clarificationsIf a Proponent finds any discrepancy, error or omissionin this EOI, document or has any question or wishes tomake any inquiry concerning this EOI, it is to notify theProject Manager in writing (which may be sent by meansof facsimile transmission or email) not less than 14 daysprior to the deadline for lodgment of proposals. Answersto any such notices or questions may be given by Lands inthe form of Addenda and issued to all known prospectiveProponents as indicated below.17.10 AddendaAll amendments to this EOI will be issued in the form ofaddenda before the deadline for lodgment of proposals.No explanation or interpretation of this EOI, may be reliedupon by a Proponent as an amendment to this EOI, unlessgiven in the form of addenda. Such Addenda will becomepart of this call for EOI.17.11 Code of PracticeWhere applicable, all Proponents must comply with theNSW Government Procurement Policy including theCode of Practice for Procurement. Copies of the relevantdocuments are available online atwww.treasury.nsw.gov.au/procurement.Lodgment of a proposal will itself be an acknowledgmentand representation by the Proponent that it is aware ofthe requirements that the codes impose on Proponents,that the Proponent will comply with the codes and thatthe Proponent agrees to provide periodic evidence ofcompliance with the codes and access to all relevantinformation to demonstrate compliance for the duration ofany agreement that may be negotiated.19
17.12 Reserved rightsIn addition to any reserved rights set out elsewhere inthis EOI, Lands reserves the right, without assigning anyreasons, to:• negotiate with one or more Proponent at any timewithout prior notice to any other recipient of this EOI• terminate at any time further participation in thisprocess by any party• not shortlist any Proponent• proceed with the invitation on a basis or on termsdifferent to those described in this EOI• terminate the process at any time or modify any aspectof this process, including, without limitation, Lands’objectives, the evaluation process, the evaluationcriteria, timetable or any proposed contractualarrangements• cancel, vary, supplement or supersede this EOI, or anyof the matters set out in it at any time• postpone or delay the process• publish the names of Proponents and preferredProponents• test community reaction to proposals prior to makingany decision on the future use of the sites and theirimprovements.17.13 WaiverThe EOI, and all statements and information made inrelation to it reflects Lands’ current intention only. Theinformation and intentions set out in the EOI may changeat any time without notice. Proponents proceed at theirown risk.Lands has endeavoured to provide accurate informationin this EOI,. However, no warranties in that respect aregiven by Lands. Lands is not liable for any inaccuracies inany information in this document or in any informationaccompanying or referred to in this document orsubsequently made available by Lands. Lands is not liablein relation to any claim that a proponent or any otherperson was disadvantaged by a lack of information orbecause any information provided to it was ambiguous orinaccurate.Lands is under no obligation to give reasons for anydecision made or not made in relation to this EOI,including, but not limited to, any of the responsesreceived.There is no legal or other relationship between anyProponent and Lands enforceable at the suit of theProponent arising from this document or the processoutlined in it.The risk, responsibility and liability connected with relianceby any Proponent or any other person on this EOI, or anyother such information referred to or accompanying thedocument, or any written or oral statements made toany Proponent or any person in connection with this EOI,is solely that of each Proponent. Each Proponent mustmake its own independent evaluation of this documentand documents or information accompanying or referredto in this document and the nature and extent of theEOI, and all other relevant matters. Each Proponent issolely responsible for obtaining its own independentfinancial, legal, accounting, engineering and otheradvice with respect to either the contents of this EOI, orany information communicated or made available forinspection by Lands. Each Proponent acts or relies oninformation in or accompanying or referred to in thisdocument and any written or oral statements madeconcerning the EOI, entirely at its own risk.17.14 Duration of validity of EOIsEach EOI in response to this Call Document is valid untilthe Proponent is either eliminated from the process,the Proponent withdraws itself from the process or isshortlisted and provides a Detailed Proposal.17.15 Changes to consortium membershipIf a Proponent is comprised of more than one person,whether the consortium has been formed specifically forthe proposal or not, then Proponents will be evaluated andshort-listed on the basis of consortium members presentedin the Proponent’s proposal. Following notification ofshortlisting, changes to consortium membership will bepermitted.If consortium members change:• written notification of changes to consortiummembership must be provided to Lands as soon aspossible• if key consortium membership of a shortlistedProponent changes after short-listing, supportingevidence must be provided to Lands to demonstratethat the capability of the new consortium membermeets or exceeds the capability of the consortiummember presented in the Proponent’s proposal20
- Page 1 and 2: ULLADULLA HARBOURAND FORESHOREREDEV
- Page 3 and 4: 1. The invitationThe NSW Government
- Page 5 and 6: Figure 2.Project Area- Ulladulla Ha
- Page 7 and 8: 3. The townshipof UlladullaThe town
- Page 9 and 10: Lands has a preference for proposal
- Page 11 and 12: Area A:3 Southern Foreshore AreaThi
- Page 13 and 14: Precinct B: Northern HarbourThe nor
- Page 15 and 16: 7. Lease arrangementsSubject to fur
- Page 17 and 18: 10. The developmentprocessThis call
- Page 19: ecologically sustainable developmen
- Page 23 and 24: 17.19 Material change in circumstan
- Page 25 and 26: Ulladulla Harbourand foreshore area
17.3 Changes to this Call Document<strong>Land</strong>s reserves the right to amend the process andprocedures set out in this Call Document by notice inwriting to Proponents. Should this extend to alteringthe specific objective or extending the scope of this CallDocument or in the event of a change being made thatwould substantially affect or alter the nature of this CallDocument, <strong>Land</strong>s will issue Addenda which will apply toany amended process and procedures. All such Addendashall become part of the Call Document. To the extentpermitted by Law, Proponents will have no claim against<strong>Land</strong>s with respect to the exercise, or failure to exercise, ofsuch rights. Information contained in this Call Document issubject to review and change without notice.17.4 Clarifications<strong>Land</strong>s reserve the right to request any Proponent toclarify any aspect of the EOI that it submits in responseto this Call Document. <strong>Land</strong>s may require a Proponent toprovide further information to the <strong>Land</strong>s in relation to theProponent’s EOI.17.5 ProbityA Proponent shall not offer any incentive, or otherwiseattempt, to influence any of the persons who are eitherdirectly or indirectly involved in the evaluation of proposalsor in the awarding of any lease.If <strong>Land</strong>s determines that a Proponent has violated thiscondition, or the Proponent is otherwise found tohave engaged in such conduct, the Proponent may bedisqualified from further consideration at <strong>Land</strong>s’ absolutediscretion.Proponents should not respond to the EOI, unless theygenuinely believe themselves to have the capability andcapacity to undertake their proposals.17.6 Collusive tenderingProponents must not communicate, directly or indirectly,with any other Proponents (including through anyemployees, agents or contractors) regarding thepreparation, content or submission of proposals. Eachproposal must be submitted without any collusion, orknowledge, in the preparation of or about any otherproposal. Submission of a proposal to <strong>Land</strong>s is deemedto be a representation and warranty by the Proponentsubmitting that proposal that it has complied with therequirements of this paragraph. If <strong>Land</strong>s determines thata Proponent has violated this condition, <strong>Land</strong>s is entitledto disqualify that Proponent and to reject its proposal asbeing invalid.17.7 Conflict of InterestAny Proponent with a real or perceived conflict of interestmust declare that interest to <strong>Land</strong>s as soon as the conflictis identified. Where a conflict of interest arises it must beassessed and resolved in favour of the public interest bythe relevant parties. All Proponents are required to ensurethat their performance in respect of identifying, declaringand resolving any conflict of interest is beyond reproach.17.8 Cost of preparation of proposalsAll costs and expenses incurred by any person ororganisation (including, but not limited to, a proponent)in any way associated with this EOI, will be borne entirelyand exclusively by that person or organisation.17.9 Inquiries and clarificationsIf a Proponent finds any discrepancy, error or omissionin this EOI, document or has any question or wishes tomake any inquiry concerning this EOI, it is to notify theProject Manager in writing (which may be sent by meansof facsimile transmission or email) not less than 14 daysprior to the deadline for lodgment of proposals. Answersto any such notices or questions may be given by <strong>Land</strong>s inthe form of Addenda and issued to all known prospectiveProponents as indicated below.17.10 AddendaAll amendments to this EOI will be issued in the form ofaddenda before the deadline for lodgment of proposals.No explanation or interpretation of this EOI, may be reliedupon by a Proponent as an amendment to this EOI, unlessgiven in the form of addenda. Such Addenda will becomepart of this call for EOI.17.11 Code of PracticeWhere applicable, all Proponents must comply with the<strong>NSW</strong> <strong>Government</strong> Procurement Policy including theCode of Practice for Procurement. Copies of the relevantdocuments are available online atwww.treasury.nsw.gov.au/procurement.Lodgment of a proposal will itself be an acknowledgmentand representation by the Proponent that it is aware ofthe requirements that the codes impose on Proponents,that the Proponent will comply with the codes and thatthe Proponent agrees to provide periodic evidence ofcompliance with the codes and access to all relevantinformation to demonstrate compliance for the duration ofany agreement that may be negotiated.19
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