Terms of tender

The Terms of Tender should be read as Schedule 2 of the Tender Process to determine fee for Stock Permits (Long Term Grazing) 2025.

Tender Process

• The Tenderer agrees to be bound by the Tender Process as set out in the Tender Process to determine fee for Stock Permits (Long Term Grazing) 2025.

  Communication

• The Tenderer will not influence or offer any person, including NSW Government employees or contractors, any financial or non-financial benefits in relation to the Tender Process or the Tenderer’s Tender Submission.
• The Tenderer will ensure that all queries in relation to the Tender Process are made to the tender manager.

• The Tenderer acknowledges and agrees that unauthorised communication with NSW Government employees or contractors about the Tender process may lead to the Tender’s disqualification and the refusal of my Tender Submission.

  Conflict of Interest

• The Tenderer must avoid any actual or potential conflicts of interest during the Tender. This includes placing themselves in a position which may give rise to an actual or potential conflict of interest during the Tender or in relation to their involvement in the Tender.
• The Tenderer will immediately report to the tender manager any real or perceived conflicts of interest that arise in relation to the Tender or their involvement in the Tender, including conflicts that arise after lodgement of a Tender Submission. 

• The Tenderer acknowledges and agrees that Local Land Services may, in its absolute discretion, at any stage undertake investigations to confirm that there are no actual or potential conflicts of interest which may preclude the Tenderer from becoming the Successful Tenderer.

  Collusion

• The Tenderer will not engage in collusive behaviour or seek to obtain an unfair advantage in relation to the Tenderer’s Tender Submission. 

• The Tenderer confirms that at the time of lodgement of their Tender Submission that they have not:

  • entered into any agreement with any person in relation to who will make the highest permit fee offer, and
  • been involved in the exchange of information about the tender with other persons making a tender submission.

  Confidentiality

• The Tenderer must not make any public or media statement in relation to the Tender or the outcome of the Tender without the prior written consent of Local Land Services.

• The Tenderer will always (including after the completion or termination of the Tender) keep confidential and not disclose to any person, or copy, use or otherwise deal with for any purpose, any information regarding the Tenderer’s Permit Fee Offer, the tender documents, their Tender Submission, or Local Land Services (including its business or activities in relation to the Tender Process) except to the extent:

  • the Tenderer is specifically authorised in writing by Local Land Services, or
  • the information is necessarily disclosed to others (who are also bound to keep the information confidential) for the purposes of enabling the Tenderer to prepare a tender submission, or
  • required by law.

  Costs and Liability

• The Tenderer agrees that the Tenderer is liable for all expenses or costs incurred by the Tenderer because of the Tenderer’s participation in the Tender Process, including if the Tender Process is terminated, varied or otherwise.
• The Tenderer has no entitlement to make any claim for any costs, expenses or other liabilities incurred in preparing a tender submission or otherwise in connection with the Tender Process including any costs, expenses, or other liabilities incurred in providing any further information at the request of Local Land Services; or any costs, losses, expenses or damages the Tenderer may suffer as a consequence of the Tender Process.
• The Tenderer acknowledges and agrees that this Tender Process does not constitute a contract between Local Land Services and the Tenderer in any respect, including for the method of evaluation or for the result of the evaluation process.
• The Tenderer acknowledges and agrees that Local Land Services is not, and will not be, liable in any way to the Tenderer for anything including compensation, damages or costs as a result of anything to do with responding to this tender. This limitation includes (without limitation) loss incurred or damage suffered as a result of Local Land Services’ negligence.
• Local Land Services shall not be liable to the Tenderer on the basis of any promissory estoppel, quantum merit or on any other contractual, quasi contractual or restitutionary grounds as a consequence of anything relating or incidental to a Tenderer’s participation in the Tender Process, including instances where:
  • Tenderer is not the successful tenderer, or is not offered a permit
  • Local Land Services varies or terminates the Tender Process or any negotiations with a Tenderer; or
  • Local Land Services exercises or fails to exercise any of its other rights under or in relation to this Tender Process.

• In the event that, notwithstanding this clause, Local Land Services is found to be liable in any way, its liability shall be limited to the Tenderer’s reasonable costs of participation in the Tender Process, and does not include liability for any lost profit, lost opportunity or other losses of the Tenderer.

  No reliance

• The Tenderer agrees that: 

  • information supplied by or on behalf of the Minister, Local Land Services, Department of Primary Industries and Regional Development (Department) or tender manager in relation to this Tender Process as part of the documents or otherwise (state supplied information) is provided in good faith and only for the Tenderer’s convenience
  • the Tenderer shall have no claim in law against Local Land Services, the Department or any employee, agent or contractor of the Local Land Services or the Department (whether in contract, tort including negligence, equity, under statute or otherwise) arising from or in connection with the provision of the state supplied information
  • without prejudice to any other term or condition, the Tenderer must satisfy itself entirely from its own sources as to the meaning, effect and interpretation of, and take into account any matter or thing disclosed by any state supplied information relevant to the proposed tender.

  Code of Conduct

• Any Successful Tenderer must comply with the standards of behaviour in section 2 of the NSW Government’s supplier code of conduct, available at: https://buy.nsw.gov.au/supplier-guidance/supplier-obligations/supplier-conduct