Facilitators:Marko Misko, Clayton Utz

Bob Baird AM, Dept of DefenceKatrina Fields, Dept of Defence

22 Services 50 Companies Established 18 Jan 10

The Panel is a whole of Commonwealth panel.

Interest has been very high, with a further 6 agencies in addition to Defence registering to make use of the Panel.

Consultant’s Representative (Panel); Commonwealth’s single Point of contact for

communication with your company; Will receive all notifications of Requests for

Proposal; Will distribute opportunities within

company; Will generally attend all bi-annual

Commonwealth review meetings;

Consultant Panel Database Manager Conduct all the administration relating to

the implementation and management of the Performance Management and Reporting System

Executive Negotiator Point of escalation where issues are not

otherwise resolved between the Commonwealth and the Consultant;

As and when the Commonwealth requires: The Commonwealth may invite proposals

from consultants to support the relevant work area from those consultants identified on the panel as providers of the Service area;

May approach single, many or all Consultants in the Service area

No guarantee of work or volume;

Will be in the form of the letters published on the Infrastructure Management website from time to time

Will contain a Brief which describes the Services the Commonwealth requires

Each engagement will identify the matters the Consultant is expected to respond to.

Generally this will include: Project DCAP; Key People and Resources; Fee; Miscellaneous Contract Particulars

The Cover letter to the RFP will include minimum requirements that must be met to be considered for the opportunity.

Generally, these will include: Submitting the response by the closing date

and time to the location identified in the documents;

A minimum tender validity period of 90 days; Accepting the Panel/Terms of Engagement

and Special Conditions without departure or qualification

Over the term of the Panel, the Commonwealth recognises that Consultants may not be able to service a requirement.

The Consultant may decline to provide a response to the RFP.

At times, the Commonwealth may elect to initiate an Expression of Interest (EOI) process to determine the list of Consultants from whom proposals may be sought.

On receipt of the EOI, the Consultant may indicate whether they wish to submit a proposal in relation to the opportunity.

There are two types of “Special Conditions” anticipated under the Panel arrangements;

Any RFP may contain additional (or project based) special conditions, specific to the requirements of the engagement.

They will be minimum form and content requirements.

Examples may include security clearance requirements.

Depending on the Service, the Brief for each project may be quite different to the Statement of Work (SOW).

The SOW at the Panel level is indicative of the type of requests that the Commonwealth might make under the Service;

The Brief (contract level) will be more specific and targeted to the project.

Detailed Consultant's Activities Proposal

Should respond to the services sought in the Brief.

Should target “how” the Consultant proposes to conduct the engagement

Should be specific; Should be measurable. Is a reverse brief of the requirements

and how to achieve them

Will be detailed in each request for proposal;

Generally will include: Understanding and Approach to the task; People and resources Fee and Value for Money

May include others for specific engagements

Where a proposal was submitted, you may seek a debrief of that proposal (even where successful).

Debriefings are critical to continually improving the proposals you provide to Defence.

There may be circumstances where Defence elects to engage a primary consultant with sub-consultancies;

In such cases, Defence may direct the use of panellists from the relevant service areas;

Alternatively, Defence may contract directly with the consultant but include administration of that consultancy within the Services Brief.

Meetings each 6 months; If in person, will be in Canberra; Examining the high level strategic

relationship; Assessment against the KPIs No ranking of panellists

Introduction has been delayed, as advised.

Defence will continue to keep panellists informed if further delays expected;

Current operational target is Oct/Nov 10.

Standard of Care Knowledge of Commonwealth

Requirements Notice of matters impacting the

Services Authority to Act Non Complying Services Disputes

Consultant must inform itself of Commonwealth Requirements procurement plans program policies contract/delivery methods

Consult Defence and define the requirement

If the Consultant becomes aware of any change that is likely to affect: scope, cost or timing of the Services

it must inform the Commonwealth By giving prompt written notice

And detail the Particulars, likely impact and recommendation

for mitigation

Do - be proactive and raise issues early Do not - let issues fester and develop Consider the following:

what is the issue? Define and characterise it?

what is the likely impact on the Project? what is the Consultant's recommendation

to Defence to remedy the issue?

The Consultant has no authority to enter into contracts or other commitments on behalf of the Commonwealth except as expressly authorised ... More later on the PM/CA's role in

administering Projects for Defence and the implications of acting as the Commonwealth's agent

No Authority to waive requirements (clause 2.11)

Key People and Personnel "The A Team" - the most appropriate, suitably

qualified personnel for the tasks involved in the Services (clauses 3.3 and 3.4)

Must be available to Defence Not to be replaced without prior approval Actively manage succession planning and

training Consultant's Representative and

Commonwealth's Representative manage the relationship for each engagement

The DIP is service based or performance based.

If engaged on lump sum payment, then Variations are only those things that constitute a change to the scope of the Services; Is not relevant what you allowed for; What is relevant is what is required to

achieve the outcome. Will be rare for PM/CA to be time and

materials/schedule of rates based

If Commonwealth Representative discovers non complying services, they may: Instruct the Consultant to re-perform and

mitigate the effect With a view to putting the Commonwealth as

closely as possible in the position it would have been in, had the services complied with the requirements of the Contract; OR

Accept the non compliance

Managing over-commitment will be key to strong relationship; Tendering the A team, and delivering the Z

team will be detrimental; Challenge ahead with expected mining

boom; Retention of people and succession

planning also critical;

Failures in QA have been a constant frustration with deliverables under previous DIP arrangements

All documents delivered to Defence should have been subject to internal QA;

This should eliminate documents that are: Loaded with errors; Incomplete; Poor in analysis;

Where Defence allows the Consultant to outline the program, the Consultant is expected to achieve the targets outlined.

Where Defence sets the program, the Consultant should apply appropriate resources, or propose an alternate program that is achievable, explaining the risks posed in the Defence program.

The Brief and the Services and Project DCAP define the scope of each task.

DCAP does not limit the Brief; If a lump sum contract, don’t approach

on a time and materials basis. Unless there is a change to the

Services required by Defence, no entitlement to Variation.

If payment is to be made by way of milestone, no payment will be due until achievement of that milestone.

There will not be part payment, or earned value against milestones.

There is no Extension of Time concept under the DIP.