Transport for NSW (Transport Infrastructure Projects) / Terms of Use

1. NSW eTendering Terms and Conditions of Tendering

1.1 eTendering, the NSW Government Tendering System

1.1.1 NSW eTendering is the online tendering system for NSW Government. NSW eTendering allows tenderers to download tender documentation and upload tender responses.  Tenderers must first register at eTendering.

1.1.2 Access to and use of NSW eTendering is subject to these terms and conditions.  Tenderers must agree to comply with these terms and conditions and any applicable instructions, processes, procedures and recommendations as advised on the NSW eTendering system.

1.1.3 It is the responsibility of tenderers to ensure that their infrastructure including operating system and browser revision levels meet the minimum standards as defined on eTendering.  Neither the agency issuing an Request For Tender or similar request or notice (herein RFT) nor the State of NSW take any responsibility for any problems arising from tenderers' infrastructure and/or Internet connectivity.

1.1.4 Tenderers acknowledge that although the State of NSW has implemented the security measures described on NSW eTendering, the State of NSW does not warrant that unauthorised access to information and data transmitted via the Internet will not occur.

1.1.5 Tenderers must inform themselves concerning all security measures and other aspects of the NSW eTendering technical environment.  Tenderers must make their own assessment of the NSW eTendering system prior to using it for any matter related to RFTs and no responsibility will be accepted by the agency issuing the RFT arising in respect of any use or attempted use by any party of NSW eTendering.

1.2 Registered Tenderers and Notices

1.2.1 In the event that the agency issuing an RFT elects to vary or supplement the RFT or change the conditions of tender, it will make reasonable efforts to inform tenderers in accordance with this clause 1.2.

1.2.2 Tenderers may be informed by notices and other information issued as addenda or amendments posted on the relevant RFT page on NSW eTendering.

1.2.3 Tenderers who have registered and downloaded the tender documentation will be notified by NSW eTendering via email of any addenda or amendment issuance.  It is in the interest of tenderers to ensure they have correctly recorded their contact details prior to downloading tender documentation. If tenderers have not recorded their details correctly, they should amend their details and download the tender documentation again.

1.2.4 Tenderers are required to log in to eTendering and collect addenda as notified.

1.2.5 The State of NSW will accept no responsibility if a tenderer fails to become aware of any addendum or amendment notice which would have been apparent from a visit to the NSW eTendering page for the relevant RFT.

1.2.6 If a tenderer has obtained tender documentation other than from NSW eTendering, they must visit NSW eTendering, register as a user and download the tender documentation for the relevant RFT.

1.3 NSW eTendering Help Desk

1.3.1 All queries and requests for technical or operational support must be directed to:

NSW Procurement Service Centre
Telephone: 1800 679 289 or International +61 2 8229 2322
Email: nswbuy@treasury.nsw.gov.au

1.3.2 The NSW eTendering Service Centre is available between 8.30am and 5pm (Sydney local time), Monday to Friday.

2. Use of Data

The material on this site includes information, data, documents, pages and images (Data) and is intended for your use and information. The State of NSW of Australia holds the copyright in the Data on this site and all rights are reserved.

You may download, store in cache, display, print and copy the Data in an unaltered form only, for non-commercial purposes, provided that this notice appears with all copies. You may not re-transmit, distribute, or commercialise the Data without prior written permission of the NSW Department of Finance, Services and Innovation (DFSI).

Requests for such permission should be addressed to:

No part of this Data may be used except as permitted under the Copyright Act 1968. In particular the user agrees:

- to acknowledge the source of any selected part of the website and/or Data reproduced 
- to include this copyright notice and disclaimer in any copy made 
- not to make a charge for providing the Data to another person without the prior written consent of DFSI, representing the State of New South Wales of Australia and payment of an agreed copyright fee, and
- not to modify the Data without the prior written permission of DFSI, representing the State of NSW of Australia.

In relation to the Data, the State of New South Wales of Australia disclaims all and any guarantees, undertakings and warranties, express or implied, and shall not be liable for any loss or damage whatsoever, including incidental or consequential loss or damage, arising out of, or in connection with, any use of or reliance on the Data on this website.

While the Data is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact on the accuracy of the Data. The Data may change without notice and the State of NSW of Australia is not liable for the accuracy of any information printed or stored by a user. Changes may be made to the Data and the website at any time and from time to time.

3. External Links

In addition to Data on this website, links are provided to external websites. These external sites are beyond the control of the State of NSW of Australia. It is the responsibility of the user to exercise their own skill and care with respect to the accuracy, completeness and currency of, or reliance on, any Data sourced from those external sites.

4. Personal and Organisational Information

All persons who provide personal and organisational particulars within the NSW eTendering system, hold themselves to be a proper and authorised representative of that organisation in the business of tendering. If, subsequently, that person no longer has that right of authority, the person will send a request to the eTendering Administrator at nswbuy@treasury.nsw.gov.au to have such particulars removed or amended.

It is in the interest of users to register their details correctly, in particular prior to downloading RFT documentation from eTendering. Tendering agencies require this information to notify potential tenderers of any extension to the tendering period, changes to the tender process and the issuance of addenda.

The State of NSW will treat any information provided by a user within the terms of its relevant privacy responsibilities (see Privacy Statement).

The State of NSW maintains appropriate safeguards to ensure the security, integrity and privacy of personally identifiable information submitted to this site and periodically reviews and updates security measures in line with current technology.

Any account that has not been used to log in to eTendering for 18 months or more will be suspended. A notification email will be sent to the registered email address to advise of suspension.

5. Lodgement of Tenders

5.1 Tenderers' Infrastructure 
It is the responsibility of tenderers to ensure that their infrastructure, including operating system and browser revision levels, meets minimum standards (see Hardware/Software Requirements, Help). The State of NSW of Australia takes no responsibility for any problems arising from tenderers' infrastructure and/or Internet connectivity.

5.2 Tender Response Files 
Tenderers lodging a tender response via eTendering should use file formats, sizes and naming conventions prescribed within the relevant tender documents. This may be a condition of compliance for tenderers. Where a tenderer is unsure, they should contact the named agency Contact Officer for that RFT.

5.3 Time Countdown 
NSW eTendering uses a countdown clock which is displayed at the Lodge a Response screen. The time displayed on this site is deemed to be the correct time. This is the date and time that will be used by the tendering agency to determine whether a response has been submitted prior to the closing time.

5.4 Transmission Time 
Tenderers are responsible for ensuring sufficient time for successful lodgement. This includes time required for transmission and any problem analysis and resolution. Indicative times for transmission appear on the lodgement screen.

5.5 Proof of Lodgement 
An on-screen receipt will be issued on successful lodgement. It will include the time and date the tender response was received. Tenderers are required to print and store this receipt as proof of lodgement. If tenderers fail to receive a receipt, they must immediately notify the NSW eTendering Service Centre, prior to tender closing time (see the ‘Contact Us’ section of the website).