Industry Briefing and Invitation to Participate Terms and Conditions
This section sets out the relevant Terms and Conditions of the Industry Briefing and Application.
By completing the Application of Interest for TasPorts Industry Day, you are agreeing with the entirety of the Terms and Conditions for the Invitation to Participate.
If you have any questions or require further information, please contact TasPorts via Industry.Day@tasports.com.au
In this Invitation to Participate unless the context indicates otherwise:
Applicant means a person, body, entity or organisation who is invited to submit an Application of Interest.
Application of Interest Form means the form at the end of these Terms and Conditions and titled as such.
Closing Date and Time means 4:00 p.m. on 17 November 2023 or such later date and time as notified in writing by TasPorts.
Industry Briefing means the industry briefing process including this online application page, the presentation, receipt of the information pack and questionnaire and provision of responses by Participants.
Industry Briefing Documents means the documents and presentations provided to Participants by TasPorts as part of the Industry Briefing, including this Invitation to Participate.
Participant means an Applicant who completes an Application of Interest and is invited by TasPorts to attend the Industry Briefing.
Probity Advisor means the probity advisory appointed for the purposes of overseeing the Industry Briefing.
Project means the projects described in in this web page and identified redirected links.
Invitation to Participate means this webpage including all annexures, attachments, schedules and any addenda.
Application of Interest Form
Applicants must complete and submit the Application of Interest Form by no later than the Closing Date and Time.
Submission of an Application of Interest Form after the Closing Date and Time will be deemed a late lodgement and TasPorts may elect not to accept or evaluate the Application of Interest Form.
Acknowledgement by Applicant
By lodging an Application of Interest Form, the Applicant confirms that:
- it agrees to be bound by the Terms And Conditions for the Invitation to Participate;
- the Industry Briefing Documents are and will remain be the property of TasPorts;
- TasPorts have not verified, are not responsible for and make no representation or warranty in respect of, the contents of the Industry Briefing Documents including (without limitation) the accuracy, adequacy, suitability or completeness of any information contained or referred to in or issued pursuant to this Invitation to Participate or of any other information provided to or received by the Participant from any person in connection with the Invitation to Participate; and
- no legal obligations or contract arise as a result of the Applicant's or Participant's involvement in the Industry Briefing, the Industry Briefing Documents or the receipt of the Application of Interest Form.
Information to be used to assess the Application of Interest Form
The information contained in the completed Application of Interest Form will be used by TasPorts to determine whether an Applicant is suitable to participate in the Industry Briefing.
The purpose of the Industry Briefing is for TasPorts to engage with suitably qualified prospective civil, construction, building and maritime contractors and consultants.
Applicants agree that TasPorts at its sole discretion may reject or accept an application to participate in the Industry Briefing.
TasPorts will engage an independent Probity Advisor to oversee the selection of Participants.
Costs of Submission and Participation
All costs of preparing and lodging an Application of Interest Form and participating in the Industry Briefing are to be borne by the Applicant or Participant (as the case may be).
TasPorts will not be liable to any Applicant or Participant for any claim whether on the basis of any promissory estoppel, quantum meruit, contractual, quasi contractual or restitutionary grounds or any other legal basis (including in negligence) as a consequence of any matter relating or incidental to an Applicant’s or Participant’s participation in the Industry Briefing, including where an Applicant is not invited to be a Participant or where TasPorts delays, varies or cancels the Industry Briefing.
Representations and Warranties
The Application of Interest Form is to be submitted by an Applicant on the basis that the Applicant represents and warrants to TasPorts that:
- no information or records provided Application of Interest Form are or will be false or misleading and all such information in the Application of Interest Form is true and accurate in all material responses;
- it will not make a claim against TasPorts for reimbursement of any cost or expense incurred as a result of submitting the Application of Interest Form or participating in the Industry Briefing; and
- it will not make a claim against TasPorts for information, materials or ideas presented at any Industry Briefing or contained in any written submissions by an Applicant or Participant.
Industry Briefing is not a procurement activity or offer
TasPorts confirms that the Industry Briefing is not a procurement activity and participation in the Industry Briefing will have no bearing and will not be relevant to whether an Applicant, Participant or any other party participates in any future procurement activities associated with the Project. Furthermore, information contained in the Industry Briefing Documents is not provided and may not be relied upon for the purpose of any future procurement activities. Any future procurement activities will be the subject to different documents including additional terms and conditions.
The Invitation to Participate and the Application of Interest Form is not an offer. No legal or other obligations, right or relationship will arise between an Applicant or Participant and TasPorts as a result of the Invitation to Participate or any engagement in the Industry Briefing.
TasPorts disclaim (to the fullest extent permitted by law) any and all liability to the Applicant arising out of this Invitation to Participate and Industry Briefing process including (but not limited to) the content of this Invitation to Participate and the consideration, evaluation, acceptance or rejection of any Application of Interest Form, and any failure to consider, evaluate, reject or accept any Application of Interest Form.
Without limiting any of its other rights, TasPorts may, in its absolute discretion and for any reason, do any one or more of the following:
- withdraw any request for an Application of Interest Form;
- extend the Closing Date and Time;
- change the process or place for submitting the Application of Interest Form;
- decline to consider or evaluate any or all Application of Interest Forms;
- at any time, alter any process or procedure regarding the consideration or the evaluation of any Application of Interest Form;
- not proceed with the Industry Briefing; or
- amend, clarify or supplement the process set out in this Invitation to Participate.
The Industry Briefing will be overseen by the Probity Advisor.
The Probity Advisor is to be engaged by TasPorts to monitor, attend meetings where required and report on the integrity and fairness of the selection of Participants.
The Probity Advisor shall be an independent observer and will not be involved in the actual evaluation of the Application of Interest Form or in the selection of the Participants.
If an Applicant has any concerns about the conduct or probity surrounding the Industry Briefing they must promptly bring their concerns to the attention of the Probity Advisor.
The Probity Advisor will investigate the matter and make an appropriate recommendation to TasPorts. Any action taken as a result of such process will be at the discretion of TasPorts.