In submitting an Expression of Interest (EOI) in response to the TSP process, you acknowledge that you have read and agree to the Conditions of Participation.
1. Definitions
Unless the context indicates otherwise, the following terms, where used in this TSP process, have the meanings set out below.
- AMRF means the Advanced Manufacturing Readiness Facility Pty Ltd (ABN 79 666 543 979)
- Considerations means the considerations set out on our website.
- EOI means an expression of interest relating to a partnership proposal submitted to the AMRF as part of the TSP process.
- NSW Government means the Crown in right of the State of New South Wales and its agencies.
- Respondent means a respondent who submits an EOI.
2. Process
2.1 No legal relationship
This TSP process and the submission of an EOI does not create any legal relationship and is not a recommendation or offer to enter into a legal relationship, contract, agreement or other arrangement.
Nothing in the consideration of an EOI, obliges AMRF to enter into any agreement with a Respondent, creates a “process contract” or other implied contract, or obliges AMRF to consider or accept any EOI.
By submitting an EOI, the Respondent acknowledges that AMRF reserves the right to accept or reject any EOI. AMRF is not bound to consider any EOI or enter into a contracting arrangement with any Respondent.
3. Evaluation of EOIs
3.1 Considerations
EOIs will be evaluated against the Considerations.
3.2 Consideration of EOIs
AMRF will determine, in its absolute discretion, which EOI or EOIs satisfy the Considerations.
4. General
4.1 Disclaimer
AMRF makes no representation or warranty, express or implied, as to the accuracy or completeness of any information or data or statement given or made in this TSP process. Respondents are responsible for Advanced Manufacturing Readiness Facility 11 forming their own independent judgments, interpretations, conclusions, and deductions about any information or data in this TSP process, and Respondents should examine all information relevant to the risks, contingencies and other circumstances that could affect their EOI.
The Respondent acknowledges it is participating in this TSP process at its sole risk and cost and that the AMRF is not liable to it for any expenses, costs or losses incurred by it in connection with this TSP process, including (without limitation) where the TSP process has been discontinued or there is or was an error or omission in the TSP process or any information provided or received by the Respondent from any person in connection with the TSP process.
4.2 Confidentiality and ownership of materials
Information submitted in an EOI (unless in the public domain) will be treated as “Commercial in Confidence” and will be kept confidential by AMRF. Such information will only be disclosed by AMRF for the purposes of evaluation of the EOI, or as required by law or government policy. By submitting an EOI, a Respondent gives AMRF and the NSW Government an exclusive licence to make copies of, extract or otherwise deal with its EOI for any purpose related to this TSP process.
4.3 AMRF rights
In addition to its rights set out elsewhere, AMRF, in its absolute discretion, may at any time and without giving reasons:
- withdraw, vary, replace, suspend, discontinue, or terminate in whole or in part the TSP process, including changing any date or period specified in this document;
- evaluate or exclude from the TSP process any Respondent or EOI;
- seek further information or clarification from a Respondent regarding information or material that the AMRF considers is relevant to the EOI;
- invite one or more Respondents to engage in discussions, meetings, interviews or workshops with the AMRF or make a presentation to the AMRF regarding their EOI, engage in those discussions, meetings, interviews, workshops or presentations on terms that the AMRF may reasonably impose; and
- provide additional information or clarification to Respondents.