Annex B: ICN Terms and Conditions

In submitting to ICN information relating to your Victorian Industry Participation Policy (VIPP) plan or Local Industry Development Plan you are agreeing to the following terms and conditions:

Purpose for which information submitted

 Before submitting information to ICN relating to your VIPP/Local Industry Development Plan you have familiarised yourself with the terms and conditions on which you have submitted your tender to the relevant Government agency including the provisions that relate to the VIPP and ICN’s role under the VIPP.

 Accordingly, you are fully aware of the role performed by ICN for the relevant Government agency under the VIPP in relation to both your tender and in relation to other bidders.  

 You understand and agree that the purpose for which you have submitted the information about your VIPP/Local Industry Development Plan to ICN is to enable ICN to deal with the information in accordance with ICN’s role under the VIPP.

 Authority to perform role

 You expressly consent, authorise and permit ICN to do everything reasonably required of ICN by the relevant Government agency to perform ICN’s role under the VIPP throughout all stages of the tender process.

 You also expressly consent, authorise and permit ICN to do everything reasonably required of ICN by the relevant Government agency to perform ICN’s role under the VIPP to report on VIPP outcomes whenever required during the performance of any tender contract or upon completion.

 Amongst other things, you understand and agree that in the course of dealing with the information you provide in relation to your VIPP Industry Development Plan, ICN will compare information provided by all short listed tender respondents in relation to their VIPP/Local Industry Development Plans, assess their relevant merits and report to the relevant Government agency.

 You undertake and agree to co-operate with ICN in the performance of its role under the VIPP.

 Accuracy of information submitted

 You acknowledge and agree that regardless of any assistance you may be given by ICN in relation to the preparation of your VIPP/Local Industry Development Plan, the VIPP/Local Industry Development Plan you submit for consideration is your document and you are responsible for its content.

 You agree and represent that the information submitted by you to ICN in relation to your VIPP Local Industry Development Plan has been carefully prepared by you or on your behalf and is complete, current and accurate and is not misleading or deceptive. 

 You undertake and agree on a continuing basis to make ICN aware of any errors or misrepresentations of fact and of any other matters that it would be important for ICN to know in consequence of relying upon that information for the purposes of performing ICN’s role under the VIPP.  You also agree to inform ICN of any changes in matters of fact that may have occurred since any information or material was first provided by you.

 You agree that upon request from the relevant Government agency you will provide the relevant Government agency with your written confirmation of the truth, accuracy and completeness of all information provided and representations made by you in your VIPP Local Industry Development Plan particularly (but without limitation) information which is not capable of independent confirmation and verification from independent sources. 

 Reliance on accuracy of information

 You understand and acknowledge that the relevant Government agency and ICN will be relying upon your representations as to the completeness, currency and accuracy of all information that you submit in relation to your VIPP/Local Industry Development Plan and that ICN can not be responsible for or liable in any way for the consequences of you submitting incomplete or inaccurate information or information that is not current.

 Confidentiality of information

In so far as information that you provide in your VIPP/Industry Development Plan is confidential information, ICN undertakes and agrees to keep that information and the VIPP/Local Industry Development Plan confidential as between ICN and the Government agency issuing the tender request.

 Submission of information electronically

 You are aware there are inherent risks with the transmission of information via the internet. ICN will endeavour to keep secure information that it receives from you that is submitted by you via the Internet, however, you will be assuming all risks associated with the use of ICN's website and any associated databases including the risks of your computer, software or data being damaged by any virus which might be transmitted, downloaded or activated by ICN website and/or the relevant database its contents and your access to it.

 Submission of information physically

 If you have any concerns regarding the transmission of information via the internet, ICN can receive information via mail, facsimile or telephone or by physical delivery.  Please refer to the ICN web site for details.

 Indemnities

You agree to indemnify the relevant Government agency and ICN on a continuing basis and so as to survive the consideration and acceptance of any tender and the term of any agreement including any contract arising from the acceptance of a tender by any Government agency against any action, claim, demand, liability, loss or expense, costs or damage, including legal costs on a solicitor client basis, arising out of the reliance by ICN upon any information, material or documentation provided by you in relation to your VIPP/Local Industry Development Plan which is incomplete, inaccurate, false or misleading or omits any material particulars or arising from a failure to supply relevant information, documentation or material.

 Release

You acknowledge and agree that the relevant Government agency and ICN will not be liable to you in any way or for any reason whatever by reason of a Government agency to whom you submit a tender incorporating your VIPP/Local Industry Development Plan not awarding you a contract in response to your tender submission and you release the relevant Government agency and ICN from any action, claim, demand, liability, loss or expense, costs or damage, including legal costs on a solicitor client basis, arising out of a Government agency not awarding you a contract in response to your tender submission.  You further acknowledge and agree that this release may be pleaded as an absolute bar to any proceedings you seek to commence against the relevant Government agency and ICN in any capacity whatever.