4. Ulladulla Harbour - Land - NSW Government

• Lands reserves the right to reevaluate shortlistedProponents on the basis of new key consortiummembership and to withdraw a Proponent from shortlistingon the basis of new consortium membership ifthey do not demonstrate the capability to meet theevaluation or exceed the capability of the consortiummember presented in the proposal• further conditions in relation to changes in consortiummembership may be imposed by Lands at any time at itsabsolute discretion.17.16 Intellectual property rights• This EOI, document is subject to copyright vestedin Lands.A Proponent may copy or otherwise reproduce thisdocument for the purposes of its proposal.A proposal becomes the property of Lands on submissionand will not be returned to the Proponent.Any intellectual property rights that may exist in a proposalwill remain the property of the Proponent. Any elementof a proposal considered to carry any intellectual propertyrights should be clearly identified by a Proponent and thenature and right asserted and its owner clearly described.Where Lands, in its sole discretion, determines suchelements are subject to such a right, then Lands will treatthat element as protected.The Proponent licenses Lands (including its officers,employees, agents and advisors) to copy, adapt, modify,disclose or do anything else necessary in Lands’ solediscretion, to all material (including that material whichcontains intellectual property rights of the Proponentor any other person) contained in its proposal, for thepurposes of evaluating and clarifying the proposal, andother proposals.Should a Proponent object to the use of its proposal inthis way, the objection should be raised in the Proponent’sproposal and will be considered by Lands. Otherwise, anyright to object to such use of the proposal (including onthe basis of confidentiality, copyright or other intellectualproperty rights) will be waived.17.17 Freedom of InformationProposals and any other information provided byProponents (information) are subject to the provisionsof the Freedom of Information Act 1989 (the Act).Proponents should note that the Act gives to membersof the public rights of access to documents of the NSWGovernment and its agencies.All or part of the information may be disclosed to thirdparties if there is a requirement to do so under theprovisions of the Act. Any information that is commerciallysensitive or confidential must be marked ‘commercialand confidential’. This special notation must not beused unless the information is genuinely confidential.Marking information as ‘commercial and confidential’will not necessarily prevent disclosure of the informationin accordance with the Act. Any decision to releaseinformation will be determined by the requirements ofthe Act. Proponents will not be entitled to make anyclaim in relation to any actions taken in relation to,or under, the Act.17.18 Disclosure of Contract InformationCertain details of all contracts valued over $100,000must be routinely published by government agencies(Notice Board or Internet) and details of contracts oflesser value will be made available to any enquirers. This isrequired under the Premier’s Guidelines for Disclosure ofInformation on Government Contracts.The following information is to be disclosed in relation tothe Successful Proponent(s).• Description of the services to be provided.• Commencement date and period.• Full identity of the Proponent, including any crossownership.• Price, including the basis of any price changes.• Significant evaluation criteria used.• Any provisions for re-negotiation.Information that is not to be disclosed is:• the Proponent’s financing arrangements, cost structureor profit margins• intellectual property items• any other matters where disclosure would place theProponent at a substantial commercial disadvantagewith its competitors.Proponents may mark certain parts of their proposal as‘Commercial in Confidence’ however this must be minimaland reasons given as to why information should not bedisclosed by Lands. If there is any disagreement on thistopic, the Chairperson of the State Contracts ControlBoard will be consulted, but the decision of Lands will bedeterminative.21