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Facilitators: Marko Misko, Partner, Clayton Utz Bob Baird AM, Dept of Defence

Facilitators: Marko Misko, Partner, Clayton Utz Bob Baird AM, Dept of Defence Katrina Fields, Dept of Defence. Awareness session for project management & contract administration services under Defence infrastructure panel (DIP) 2010-14. Introduction to Infrastructure Division

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Facilitators: Marko Misko, Partner, Clayton Utz Bob Baird AM, Dept of Defence

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  1. Facilitators: Marko Misko, Partner, Clayton Utz Bob Baird AM, Dept of Defence Katrina Fields, Dept of Defence Awareness session for project management & contract administration services under Defence infrastructure panel (DIP) 2010-14

  2. Introduction to Infrastructure Division The DIP Arrangements PM/CA Services (HC-1 2003 & MCC -1 2003) agenda

  3. By the end of today’s session, you will • Have developed an awareness and understanding of the PM/CA's role in managing and administrating projects for Defence • Have developed an awareness and understanding of Defence's preferred risk profile and how the PM/CA can work to preserve it during the life of a project Session objectives

  4. Bob Baird Overview of infrastructure division

  5. Infrastructure Division in context

  6. Branches within ID

  7. The Defence MCF This space is continuing to fill

  8. Infrastructure Asset Development

  9. Directorate of Construction Contracts

  10. Guidance on the Defence Infrastructure Business • Infrastructure Management (IM) Website • www.defence.gov.au/im • DIP Manual • www.defence.gov.au/im/business/panels • useful links • contract templates • business process Infrastructure management

  11. All relevant Panel info is contained here

  12. New Defence Infrastructure Panel is located here, next to recently expired DIP

  13. Katrina Fields & Marko Misko The dip arrangements

  14. No guarantee of work • Services sought as and when required • Streamlined and efficient tendering to procure services • Selection process at the sole and absolute discretion of the Commonwealth • Generally single stage and select • May include EOI DIP Basics

  15. Terms of Engagement contained in Panel Agreement Each commission is individual contract Split between Development Services and Delivery Services Property Services Branch in ID sponsor the Disposals services. Basis of dip engagement

  16. Work with Defence managers, project staff and stakeholders to: • Seek information regarding the Project or Services • Make recommendations - assist Defence to make informed decisions based on sound advice and supporting information • Seek specialist advice if necessary • PM/CAs allow Defence to focus on planning and strategic issues Role of the consultant

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

  18. Standard of care

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

  20. 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

  21. 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? Notice of matters impacting services

  22. 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) Authority to act

  23. 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 Key people and resources

  24. 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 variations

  25. 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 Non complying services

  26. Where a dispute arises, the Consultant must continue to perform the Services; • Notice of Dispute must be given • Detailing particulars; • Escalation provisions DISPUTES

  27. Marko Misko with Bob Baird & Katrina Fields Delivering pm/ca services to defence

  28. Defence is different from the private sector • Extra "layer" of Government Policy applies to Defence projects • Compliance with Government Policy (clause 10) • Consultant must comply with various Commonwealth Requirements that apply to the Services • National Code of Practice • Applies to the Services and updated August 2009 • OHS Accreditation Scheme • Commonwealth Procurement Policy and more ... Addressing defence requirements

  29. In examining the Suite of Contracts, all matters affecting cost or time involve the movement of notices between parties; • Critical to the Commonwealth record; • Archive Act responsibilities • Answers to ANAO scrutiny; • Answers to public criticism • Protection against mobility of personnel A general point about notices

  30. Where do PM/CA Services fit in? • PM/CAs help deliver projects for Defence by assisting Defence to: • plan and develop projects • tender and administer contracts • dispose of surplus assets • PM/CAs are involved at every step of the procurement process as outlined in the following slides Typical requirements

  31. KEY STAGES of ASSET DEVELOPMENT

  32. Katrina Fields Preparing an Invitation to register interest

  33. Gauge market interest • Streamline tender processes • Reduce the cost of tendering to industry • Always remember, the project is not approved at this time • Therefore consider any additional information or effort you put Applicants to; • Think about the currency of the information you will receive (and compare to the likely timeframe for tender) Why do we issue ITRs?

  34. Information requirements

  35. The Fundamentals

  36. Rule 1: Base the ITR document on the latest Standard Form from the IM Rule 2: Confirm with Defence project specific requirements Rule 3: Respond promptly to all queries from ITR Applicants appropriately Rule 4: Manage the debrief process effectively Rule 5: Maintain utmost probity of the process Tips for preparing Itr’s

  37. Deviate from the ITR conditions Issue misleading, incorrect or ambiguous information or clarifications Recycle old documentation carelessly (requirements change!) Plan leave while your the ITR administrator! What not to do

  38. Katrina Fields & Bob Baird Pm/ca functions during a tender period

  39. The Tender Process

  40. Practical Issues with the Disclaimer • Signatures of authorised company representative • Binding promises with regard to confidentiality and disclaimer of liability for information • Must be returned before receipt of documentation • Where a single stage RFT, can be problematic • Seek documents as advised and return the Disclaimer as quickly as possible The Disclaimer and Confidentiality Agreement

  41. Conducted for “information only” • May include a site tour • Project background • Overview of tender documents • May result in addenda or information documents being produced • Additional site tours Industry Briefings

  42. Tender period is an opportunity to mitigate risk through asking questions • Consider any cut off for queries • Distribution of questions to other tenderers • Extensions to closing date Questions and Answers

  43. Here’s what happens Once a tender is submitted...

  44. Here’s what happens Once the Board has sat

  45. Evaluation Report goes to the Delegate • Report may recommend: • Negotiations; • Contract award; or • No value for money offer received • After report agreed, recommendation is actioned Then ...

  46. Tender Conformance

  47. Marko Misko & Katrina Fields From tender to contract

  48. Letters of Acceptance or Intent will not be used as basis for entering into contract • Without consent from Director Construction Contracts • Generally will not be granted Letters of acceptance & intent

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