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Terms and conditions for the Active Community Infrastructure EOI process

These Expression of Interest Conditions apply to the EOI process under the Active Community Infrastructure initiative (EOI Process). By submitting an EOI form, You accept and agree to these Expression of Interest Conditions.

  1. ‘You’ means the organisation specified on the EOI form.
  2. Organisations can only submit one project per EOI form.
  3. Your EOI will be considered by the department, and may or may not be successful, at the department’s sole discretion. You acknowledge that submitting an EOI form does not guarantee that your EOI will be successful. The department’s decision in relation to Your EOI or this process is final, and the department is not required to provide reasons and/or enter into any correspondence regarding its decisions.
  4. You acknowledge that Your EOI will be assessed based on the information contained in this EOI along with any information and/or documents provided at time of submitting Your EOI or provided to the department in response to a request from the department.
  5. The department may, at its discretion, request information or documents (included but not limited to audited financials) from You or any other person in order to consider Your EOI or to verify the accuracy of Your EOI (including as part of an audit). You agree to provide this information and assist the department with its enquiries. You agree and consent to the department conducting a credit check on your organisation, and will provide any assistance that the department requires to be able to do this.
  6. You will be notified whether your EOI is successful or unsuccessful to the email address You have provided in your EOI.
  7. If your EOI is successful, then the department will contact You to provide an agreement to enter into regarding the funding or the works to be carried out.
  8. You may at any time withdraw your EOI by advising the department in writing at Funding_Admin_Unit@npsr.qld.gov.au
  9. The department reserves the right, at any time, to:
    1. vary these terms and conditions, the EOI process and the way the department will provides its investment in the project (if successful);
    2. amend dates including extending the closing date;
    3. consider or reject an EOI received after the closing date and time;
    4. consider an EOI submitted other than in accordance with the requirements of the EOI process, including accepting a non-conforming or incomplete EOI;
    5. reject any or all EOIs received;
    6. invite revised EOIs from one or more organisation;
    7. exercise discretion in evaluating EOIs;
    8. close early, suspend, stop or extend the operation of the Active Community Infrastructure initiative or EOI process;
    9. determine whether a project meets these objectives or priorities and should be deemed ineligible;
    10. vary the Active Community Infrastructure initiative, including the terms of the proposed funding agreement or access agreement;
    11. change the allocation of funding available under the Active Community Infrastructure initiative, the eligibility criteria or the types of projects that will be considered.
  10. Any action taken to close early, suspend, stop or extend the Active Community Infrastructure initiative will be notified on the Queensland Government website
  11. You will not make any claim in connection with a decision by the department to exercise or not to exercise any of its rights in relation to the EOI process.
  12. Eligibility does not guarantee success. It is expected that more EOIs will be received than can be supported by the department.
  13. You accept that the risk, responsibility and liability connected with submitting an EOI is solely Yours.
  14. The EOI and participation in the EOI process does not constitute an offer or an invitation to make an offer under the EOI process. It also does not indicate an intention by the department to enter into any form of legal relations with any party. The acceptance of an EOI or any invitation to negotiate will not be effective to constitute a contract or to create any legitimate expectation on Your part unless and until a formal written contract is executed by both parties’ duly authorised representatives.
  15. Nothing in this EOI process amounts to any process contract and in making the EOI form available and conducting this EOI process, the department expressly excludes any process contract arising.
  16. In submitting an EOI, You must:
    1. (accuracy) ensure that all information, warranties, declarations, statements and documents provided as part of its EOI is complete, accurate, current, and not misleading.
    2. (no publicity) not make any public announcements or advertisement relating to the EOI process.
  17. You do not comply with these Expression of Interest Conditions, the department reserves the right (regardless of any subsequent dealings) to:
    1. Cease negotiations with you; and/or
    2. Terminate consideration of the EOI.