Defence infrastructure panel – management session

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

22 Services 50 Companies Established 18 Jan 10 The panel arrangements

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. Use by other commonwealth agencies

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

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

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

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

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 Requests for proposal (2)

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

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 Responding to a RFP (2)

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. Declining to provide a proposal

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. Responding to an EOI

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. Special conditions

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 brief

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 The dcap

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 Evaluation criteria

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. debriefings

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. subcontracting

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 Relationship management

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

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

Standard of care

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

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? Notice of matters impacting services

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

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

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

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

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; Key people for each contract

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; Strong quality assurance

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. timeliness

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. scope

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. milestones

Defence infrastructure panel – management session