Facilitators: Marko Misko, Clayton Utz Bob Baird AM, Dept of Defence Katrina Fields, Dept of...
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Transcript of Facilitators: Marko Misko, Clayton Utz Bob Baird AM, Dept of Defence Katrina Fields, Dept of...
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.