Terms & Conditions for Access, Usage, and Responses
Organizations or firms that wish to access and/or provide feedback to the Hudson Tunnel Pre-Procurement Virtual Data Room (“Data Room”), and the data contained therein (“Data”) are required to meet certain eligibility criteria set forth below. Upon determination by GDC that such criteria have been met, respondents shall review, acknowledge and agree to the Terms & Conditions set forth below to access the Data Room. Failure to acknowledge and agree to the Terms and Conditions shall result in denial of access to the Data Room.
The Data Room has been established for pre-procurement purposes to provide general information only as part of the ongoing Request for Information 2017-01a (“RFI”) for the Hudson Tunnel Project issued by Gateway Program Development Corporation (“GDC”). The Data Room contains Data owned or obtained by GDC, National Passenger Railroad Corporation (“Amtrak”), the New Jersey Transit Corporation (“NJ TRANSIT”), and/or the Port Authority of New York and New Jersey (“Port Authority”) (collectively, the “Project Partners”).
GDC is making the Data available through the Data Room for the purpose of soliciting input from Qualified Organizations (as defined below) to inform anticipated procurement activities related to the Hudson Tunnel Project. GDC may use the information received from Qualified Organizations to assist with the preparation of any future Request for Qualifications (“RFQ”) or Request for Proposals (“RFP”). Neither the issuance of this RFI, nor the creation or use of the Data or the Data Room, shall be construed as a commitment to issue any future RFQ or RFP.
The Hudson Tunnel Project is currently being studied in accordance with the National Environmental Policy Act (“NEPA”) by the Federal Railroad Administration (“FRA”), NJ TRANSIT, and the Port Authority. The RFI and the information provided in the Data Room, are initiatives that are being undertaken separate and apart from any studies or assessments that are being conducted in accordance with NEPA.
GDC may consider information received from any source as part of the RFI, the Data and Data Room during the planning and development efforts for the Hudson Tunnel Project. The RFI, including the Data and the Data Room, is an inquiry only. No agreement or contract will be entered into by GDC or the Project Partners with an RFI respondent as a result of participating in the RFI process or accessing the Data Room.
Accessing the Data Room is strictly voluntary. RFI respondents who do not request access to the Data Room will remain eligible to qualify to participate in future procurements, if any. Organizations or firms who have not previously participated in the RFI process may request access to the Data Room. Organizations or firms who are granted or denied access to the Data Room will not be given any preferential treatment or other advantage or disadvantage in any subsequent procurement process.
Process for Requesting Access
1. Organizations or firms currently participating in the RFI process or that are interested in participating in the RFI process may be granted access to the Data in the Data Room. Organizations or firms who wish to view or download the Data must first provide GDC with information confirming they meet the eligibility criteria set forth in paragraph 2 below.
2. Access to the Data Room is limited to those organizations or firms, and their employees, agents, contractors and consultants that meet the following eligibility criteria (each a “Qualified Organization”):
a. Organizations or firms with a record of accomplishment in the design or construction of railroad infrastructure of similar size, type and complexity to Phase 1B;
b. Organizations or firms with a record of accomplishment in the design or construction of tunnel infrastructure of similar size, type and complexity to Phase 1B;
c. Organizations or firms with a record of accomplishment in the design or construction of infrastructure in similar physical environments of Phase 1B; or
d. Organizations or firms whose functional expertise contributes to the financing of a complex transportation project of a similar size and scope of Phase 1B or project components.
3. GDC in its sole and absolute discretion, in coordination with the Project Partners, will determine whether an organization is a Qualified Organization for purpose of this RFI based on the information provided by the organization or firm. GDC reserves the right to deny or limit access to the Data Room in its sole and absolute discretion.
4. GDC will not treat any request to access the Data Room as confidential.
Terms & Conditions
By requesting access to the Data Room and Data following confirmation by GDC that an organization or firm has met the eligibility criteria, a Qualified Organization agrees on behalf of itself, as well as on behalf of each of its employees, agents, contractors or consultants involved in the review of the Data in the Data Room, that by participating in the RFI process and/or by accessing the Data in the Data Room, and by using, reviewing, responding to, and/or downloading any of the Data, the Qualified Organization thereby accepts and agrees to be bound by all of the following disclaimers, terms and conditions:
1. GDC and the Project Partners and their respective employees, agents, contractors and consultants make no representation, warranty, or guarantee that the Data contained in the Data Room is accurate, complete, or timely, or that it accurately represents conditions that would be encountered, now or in the future.
2. GDC and the Project Partners and their respective employees, agents, contractors and consultants shall not be responsible for the accuracy, completeness, relevance, or suitability of the Data and will not be responsible for any inferences or conclusions drawn from the Data.
3. The furnishing of the Data by GDC does not create nor should be deemed to create any obligation or liability upon GDC or the Project Partners or their respective employees, agents, contractors and consultants for any reason whatsoever, or form a basis for a claim by the Qualified Organization or any of its employees, agents, contractors or consultants that are involved in the review of the Data in the Data Room against GDC or one or more of the Project Partners or any of their respective employees, agents, contractors or consultants.
4. GDC, the Project Partners, any member of the Board of Trustees, Board of Commissioners, or Board of Directors, or any of them, or any officer, agent, employee, contractor or consultant thereof, may not be charged with any liability by any organization, firm, or individual or held liable to any organization, firm, or individual under any term or provision of the RFI, the Data or the Data Room or any statements made by the aforementioned parties during the entire RFI process, the Data, or the Data Room.
5. GDC may, in its sole and absolute discretion, delete, modify, supplement, or amend the RFI, the Data or the Data Room at any time without providing any notice thereof, and no Qualified Organization may rely on any such conduct to make any claim or cause of action, whether in law or at equity against GDC, any Project Partner or any of their respective employees, agents, contractors or consultants.
6. All Data shall be deemed confidential information unless expressly indicated otherwise. Organizations, firms, and individuals that have been granted access to the Data Room (“Data Room Users”) and those with whom Data Room Users share Data shall maintain the confidentiality of Data made available through the Data Room.
7. Data Room Users shall not attempt to scan, copy, or photograph the Data, except that Data Room Users may download the Data for use by their Qualified Organization, and their employees, agents, contractors and consultants solely as part of the RFI process.
8. Data Room Users shall not share the Data with organizations, firms, and individuals who have not been granted access to the Data Room pursuant to this Request for Access or who are not employed by Data Room Users. Data Room Users shall not attempt to circumvent any of the security features of the Data Room. Data Room log-in credentials are unique for each Data Room User. Data Room Users shall not enable or allow other organizations, firms, or individuals to access the Data Room using log-in credentials provided by GDC.
9. Each Qualified Organization is responsible for the security and confidentiality of all Data downloaded by Data Room Users and shared with its employees, agents, contractors and consultants. Qualified Organizations and Data Room Users are responsible for insuring all recipients of Data are aware of and comply with these terms and conditions upon which access is granted.
10. GDC, Amtrak, NJ TRANSIT, or the Port Authority are not liable for any costs incurred or related to the RFI preparation, response, revision, or any other aspect of providing a response to this RFI or usage of the Data Room. All materials submitted in response to or in connection with this RFI will become property of GDC. Any future pre-procurement geotechnical boring or testing program is at the discretion of GDC, Amtrak, NJ TRANSIT, and the Port Authority.
11. Violation of any of the foregoing terms and conditions of access may result in legal action, including but not limited to revocation or limitation of access privileges, denial of access to the Data Room, consideration for disqualification from future Hudson Tunnel Project procurement activities, or injunctive or other legal relief.
12. You agree that should you breach, violate, and/or deviate from any of the terms and/or conditions of this Terms & Conditions for Access and Usage, GDC or one or more of the Project Partners may suffer irreparable harm, for which there is no adequate remedy at law. Therefore, you agree that GDC or one or more of the Project Partners shall be entitled to temporary and/or permanent injunctive relief to remedy any breach or violation of, and/or deviation from, any term or condition of this Terms & Conditions for Access and Usage that you commit.
By clicking “Agree,” accessing the Data Room and downloading the Data, you acknowledge and agree that you are a Qualified Organization and have reviewed and agreed to be bound by the foregoing Terms & Conditions for Access and Usage.