Defence infrastructure panel – management session Facilitators: Marko Misko, Clayton Utz Bob Baird AM, Dept of Defence Katrina Fields, Dept of Defence

The panel arrangements 22 Services 50 Companies Established 18 Jan 10

Use by other commonwealth agencies 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.

Panel key people 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;

Panel key people (2) Consultant Panel Database Manager Conduct all the administration relating to the implementation and management of the Performance Management and Reporting System

Panel key people (3) Executive Negotiator Point of escalation where issues are not otherwise resolved between the Commonwealth and the Consultant;

Requests for proposal 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;

Requests for proposal (2) 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

Responding to a RFP 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

Responding to a RFP (2) 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

Declining to provide a proposal 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.

Responding to an EOI 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.

Special conditions 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.

The brief 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.

The dcap 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

Evaluation criteria 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

debriefings 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.

subcontracting 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.

Relationship management 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

pmrs Introduction has been delayed, as advised. Defence will continue to keep panellists informed if further delays expected; Current operational target is Oct/Nov 10.

Key clauses in terms of engagement Standard of Care Knowledge of Commonwealth Requirements Notice of matters impacting the Services Authority to Act Non Complying Services Disputes

Standard of care Skill, care and diligence that would be expected of an expert professional provider of the services Also applies to Sub-consultants Consultant Material to be fit for purpose Exercise of utmost good faith in Commonwealth’s best interest

Knowledge of commonwealth requirements Consultant must inform itself of Commonwealth Requirements procurement plans program policies contract/delivery methods Consult Defence and define the requirement

Notice of matters impacting services 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

Notice of matters impacting services 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?

Authority to act 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 resources 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

variations 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

Non complying services 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

Key people for each contract 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;

Strong quality assurance 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;

timeliness 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.

scope 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.

milestones 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.