2.1 RFA Conditions
These RFA Conditions apply on submission by the Applicant of an application. If the Applicant does not accept all of these RFA Conditions it will not be entitled to participate further in this process.
2.2 Extension of closing date
Macquarie may extend the time for submitting Applications at its discretion at any time prior to the Closing Date by giving written notice of the extension to all Applicants.
2.3 Late or non-compliant Applications
Macquarie will not be obliged to consider any Application submitted later than the Closing Date or otherwise not totally in accordance with these RFA Conditions. Macquarie may, in its sole and absolute discretion, permit any Application lodged after the Closing Date to be admitted for evaluation.
2.4 Application response
The Application is binding on the Applicant. Applications must be submitted within the fields provided. Attachments are permitted, only to be uploaded where indicated. An Application cannot be withdrawn or varied after it has been submitted to Macquarie except with the written consent of Macquarie.
2.5 Information provided by Macquarie
- All information relating to this RFA provided by Macquarie, whether in the RFA or not, is provided in good faith to assist the Applicant to assess and respond to the RFA. Macquarie makes no representations or warranties regarding the accuracy or completeness of the information.
- The Applicant acknowledges that Macquarie is not liable for any loss, damage or expense suffered by an Applicant as a result of any inaccuracy or inadequacy in any information it provides to the Applicant or any reliance on such information by the Applicant.
2.6 Applicant must make own investigations and enquiries
- The Applicant must not rely solely on the information provided by Macquarie. The Applicant must make all necessary investigations for it to become thoroughly informed about the subject matter of the RFA. It is the Applicant’s responsibility to interpret and assess the relevance, accuracy and adequacy of the information provided by Macquarie.
- The Applicant will be expected to have examined all information which is relevant to the risks, contingencies and other circumstances which could affect its Application and which is obtainable by it by making reasonable enquiries.
- The Applicant may request clarification or elaboration from Macquarie of anything contained in the RFA or other information provided. All requests must be in writing to email@example.com.
If the Applicant finds any discrepancy, error or omission in this RFA or its Application after its submission to Macquarie, the Applicant must notify Macquarie in writing of such discrepancy, error or omission immediately.
2.8 Costs and expenses
All costs and expenses associated with the preparation of a response and submission of an Application will be the responsibility of the Applicant.
2.9 Ownership of documentation
All Applications and supporting documents (including any presentations or meetings called at Macquarie’s discretion) submitted in response to this RFA become the property of Macquarie. Applicants submit documents in response to this RFA on the basis that Macquarie may use, retain and copy the information contained in those documents for the purposes of the evaluation, selection and preparation of any contract with respect to this RFA.
In addition, Macquarie may disclose Application documents or any part of the Application documents to a third party for the purposes of assisting Macquarie in the conduct of the RFA process, including Application evaluation, negotiation and preparation of any contract. Macquarie will obtain appropriate confidentiality undertakings from the third party prior to disclosure.
2.10 Application acceptance
Macquarie is not bound to accept any Application and reserves the right in its absolute discretion to vary, suspend or abandon this RFA.
Upon submission of an Application, all communication with respect to this RFA between Macquarie and the Applicant shall be solely at the discretion of Macquarie except as otherwise provided herein.
Macquarie has absolute and sole discretion in relation to the RFA process, the evaluation of Applications, and the selection of a preferred or successful Applicant. In particular, Macquarie:
- may accept one or more Applications, or negotiate with one or more preferred Applicants;
- may accept the whole or any part of an Application, and may accept an Application either conditionally or unconditionally;
- is not bound to accept any Application or to enter into an Agreement;
- reserves the right to accept non-conforming Applications; and
- is not under any obligation to enter into discussions with Applicants in relation to the rejection of an Application or give reasons for not accepting any Application.
The RFA, all related documents and emails, the information disclosed during all RFA related discussions, meetings, presentations and communications and Applications are considered to be Confidential Information for the purposes of the Confidentiality Agreement. The Applicant is to treat all information provided in this RFA and in any related discussions and correspondence with confidentiality. No information therein is to be disclosed to any third party without the express written approval of Macquarie.
2.12 Macquarie name and logo
Referencing Macquarie by name in Applicant’s Application issued in response to this RFA is acceptable however Applicants are not permitted to reproduce the Macquarie logo in their Application or in any other promotional material, client lists or presentations. In addition, Applicants are not permitted to use the Macquarie name in any promotional material, client lists or presentations.
2.13 No contractual relationship established
This RFA is an invitation to treat only and is not an offer to provide any award, goods and/or services. Submission of an Application does not create any obligation on Macquarie to enter into an Agreement with the Applicant in any way unless and until the Application is accepted by Macquarie and a formal written contract has been executed. A written notice of acceptance from Macquarie will not of itself confer any rights nor constitute any commitment by Macquarie to contract with that Applicant. No binding contract or other understanding will exist between Macquarie and any Applicant organisation until a formal written contract has been executed. If a formal contract is executed, this RFA, any Applications submitted in response and any subsequent clarifications may all be referenced documents under that contract.
2.14 No right of recourse
Any decision made by Macquarie in relation to the selection of an Applicant(s) will be final. Macquarie is not liable for any costs or expenses incurred by an Applicant in preparing and submitting the Application irrespective of whether it’s successful or not in this RFA.
2.15 Conflict of interest
If during the RFA process a conflict of interest arises, or appears likely to arise, the Applicant must notify Macquarie immediately in writing and take such steps as Macquarie may reasonably require to resolve or otherwise deal with the conflict. If the Applicant fails to notify Macquarie or is unable or unwilling to resolve the conflict as required, the Application may be excluded from further consideration.
2.16 Questions or clarifications
- Applicants may seek clarification of the meaning or the content of the RFA, or request additional information beyond that contained in the RFA. The Applicant must direct all requests to the nominated Macquarie Contact. All requests must be in writing. Requests by email are acceptable.
- No advice may be sought from any other Macquarie employee assisting Macquarie in this RFA.
- Any material response or information provided by Macquarie will be given by Macquarie to all Applicants and any specific response or information may be provided to all other Applicants or only to the enquiring Applicant at the absolute discretion of Macquarie.
- The source of the queries will be treated in confidence.
- Macquarie is not bound to provide the information requested.
Macquarie may engage one or more Applicants in detailed discussions and negotiations with the objective of maximising the benefits of the Application responses or to fully understand an Applicant’s offer.
2.18 Preferred Applicant status
Macquarie may select an Applicant as a preferred Applicant, but such selection:
- does not affect or limit Macquarie’s rights or the Applicant’s obligations under the RFA;
- is not a representation that a contract will be entered into between Macquarie and that Applicant; and
- does not preclude Macquarie from negotiating with any other Applicant whether or not an Applicant has been selected as one of the preferred Applicant.
2.19 Virus protection
Macquarie employs anti-virus measures. However, in facilitating this RFA via electronic means, Macquarie cannot warrant that any electronic RFA or other documents sent will be virus-free and accepts no liability for the consequences of a virus-related event. Applicants should exercise their own anti-virus measures before opening any files which Macquarie has provided or accessing the RFA portal.