45 by 45 terms and conditions

1. Interpretation

These EOI Conditions apply to this EOI, where proponents submit ecotourism projects for consideration by the Queensland Government under the 45 by 45 initiative.

This EOI is a request issued to the marketplace to gather information only, and is not a procurement or grant process and does not constitute an offer, commitment, or obligation by the Queensland Government to proceed with or support any project, or enter into any future procurement, grant or contractual arrangement.

This EOI does not give rise to any legal or equitable relationship between the Proponent and the Queensland Government.

2. EOI

2.1. Proponent acceptance

By participating in the EOI, the Proponent accepts these EOI Conditions.

2.2. Queensland Government discretion

The Queensland Government may make any changes to the EOI in its absolute discretion, by notifying the Proponent. This may include:

(a) adding to the terms and conditions applicable to the EOI
(b) adding or changing requirements and/or evaluation criteria
(c) amending dates
(d) cancelling the EOI.

Without limitation, the Queensland Government may, during the EOI:

(e) consider, accept or reject a submission received before the opening date and time
(f) consider, accept or reject non-conforming submissions, alternative or innovative submissions, submissions in part, or multiple submissions
(g) obtain information about the Proponent relevant to the evaluation criteria that may be held by any Queensland Government Department or body and take the information into account in assessing the submission
(h) conduct checks on the Proponent with Queensland Government departments and agencies, and other Queensland Government bodies
(i) reject any or all submissions
(j) accept a submission that did not progress through the evaluation process
(k) exercise discretion in evaluating under any subjective evaluation criteria
(l) negotiate with one or more Proponents and allow any Proponent to vary its submission
(m) interview, negotiate or hold discussions with any Proponent on any matter contained (or proposed to be contained) in a submission to the exclusion of others
(n) request some or all Proponents to conduct site visits, provide references and additional information, and/or make themselves available for interviews
(o) conduct checks on the Proponent or request the Proponent to substantiate to the Queensland Government’s satisfaction information supplied by the Proponent during the EoI.

2.3. No process contract / No costs

The conduct of the EOI does not give rise to any legal or equitable relationship. A Proponent will not be entitled to claim compensation or loss from the Queensland Government in connection with the EOI, nor for any matter arising out of the EOI, including but not limited to any failure by the Queensland Government to comply with these EOI Conditions. Participation in the EOI is at the Proponent’s cost. The Queensland Government is not liable for and not required to pay compensation to the Proponent in relation to the EOI in any circumstances, for any reason. The Proponent will not make any claim in connection with a decision by the Queensland Government to exercise or not to exercise any of its rights in relation to the EOI.

3. No reliance on information

The Proponent is responsible for making its own investigation and assessment about all matters relevant to the EOI, the accuracy of all information and documents provided by or on behalf of the Queensland Government, and all other matters relevant to the Proponent’s submission.

4. Compliance

The Proponent must:

(a) (communication) direct all inquiries relating to the EOI to the Queensland Government’s contact person, and not discuss this EOI with any other person except as required to prepare its submission.
(b) (laws) comply with all Laws.
(c) (confidentiality) keep confidential all Confidential Information which it obtains as part of the EOI , not use it except for the purpose of responding to the EOI, and not disclose it except to its Personnel on a need to know basis for the purpose of responding to the EOI, or with the Queensland Government’s consent, or to the extent required by Law, or to its professional advisors.
(d) (no publicity) not make any public announcements or advertisement relating to the EOI.
(e) (Personnel) ensure that its Personnel also comply with these requirements.

5. Warranties

5.1. Criminal organisation

The Proponent warrants that the Proponent and, to the best of its knowledge and belief having made reasonable enquiries, its Personnel, have not been convicted of an offence under the Criminal Code in the Criminal Code Act 1899 (Qld) where one of the elements of the offence is that the person is a participant in a criminal organisation within the meaning of the Criminal Code.

5.2. Accuracy of information

The Proponent warrants that all representations, declarations, statements, information and documents made or provided by the Proponent (including its representatives) in connection with the EOI (‘Proponent Information’) are complete, accurate, up-to-date and not misleading in any way.

5.3. Warranties are ongoing

The warranties in this section are provided as at the date of the Proponent’s offer to the EOI and on an ongoing basis.
The Proponent warrants that it will immediately notify the Queensland Government if it becomes aware that any warranty made in this section was inaccurate, incomplete, out of date or misleading in any way when made, or becomes inaccurate, incomplete, out of date or misleading in any way.

5.4. Breach of warranty

In addition to any other remedies available to it under Law or contract, the Queensland Government may, in its absolute discretion (but is not required to), immediately disqualify an Proponent from the EOI where it believes the Proponent has breached any warranty in this clause.

6. Copyright and intellectual property

6.1 All intellectual property rights, in the EOI requirements and other documents supplied by the Queensland Government are owned by the Queensland Government and may only be used for the purposes of preparation of the EOI submission.

6.2 Any intellectual property rights in the EOI submission remain the property of the Proponent or the rightful owner of those intellectual property rights.

6.3 The Proponent must clearly identify EOI submission elements containing intellectual property rights, and the Queensland Government accepts (acting reasonably) that those elements are subject to intellectual property rights and the Queensland Government will only use those elements in accordance with clause 6.4.

6.4 By making an EOI submission, the Proponent grants (and must procure relevant third parties to grant) to the Queensland Government a non-exclusive, royalty-free, irrevocable, perpetual licence (including right of sublicense) to exercise the intellectual property rights in the EOI submission for the purpose of evaluating EOI submissions, in administering this EOI and as expressly contemplated by the EOI.

7. Queensland Government’s discretion and powers not fettered

7.1 Each Proponent acknowledges that nothing in this EOI, fetters the exercise by the Queensland Government of any discretion, executive or statutory right or other power.

8. Proponent Confidential Information

8.1 The Queensland Government will keep confidential all Confidential Information of the Proponent which it obtains as part of the EOI.

8.2 The Queensland Government may use Proponent Confidential Information for the purposes of the EOI.

8.3 The Queensland Government may disclose Proponent Confidential Information:

(a) to its Personnel for the purposes of the EOI
(b) as required under the Right to Information Act 2009 (Qld) or Information Privacy Act 2009 (Qld)
(c) as required by Law
(d) to a Minister, their advisors or Parliament
(e) to its professional advisors
(f) to its agencies and Queensland Government bodies involved in or for the purposes of the EoI
(g) as otherwise permitted by these EoI Conditions.

9. Definitions

9.1 Unless the context otherwise requires, the following definitions apply to the EOI:

Confidential Information means all information disclosed by a party (“Discloser”) to the other party (“Recipient”) in connection with this EOI which of its nature is confidential, is marked as confidential or which a reasonable person receiving the information would realise is confidential, but excludes:

(a) information in the public domain, except through breach of a confidentiality obligation
(b) the Recipient can demonstrate was already in its possession or was independently developed by the Recipient
(c) the Recipient receives from another person on a non-confidential basis except through a breach of a confidentiality obligation.

Personnel means officers, directors, employees, agents, contractors, subcontractors and volunteers.