User Training Defence Infrastructure Panel Environment Heritage and

User Training Defence Infrastructure Panel – Environment, Heritage and Estate Engineering Lisa Drummond Panel Manager Director Quality and Compliance Capital Facilities and Infrastructure

DEQMS Page

Panel Training The Panel has the following services: Energy Water Sustainable Buildings and Estate Climate Risk and Adaptation Contamination Management Mechanical Engineering Hydraulic Engineering Contamination Remediation Works Unexploded Ordnance Management and Advice Unexploded Ordnance Survey and Safeguarding Structural Engineering Low Voltage Electrical Engineering Environmental Impact Assessment and Land Management Unexploded Ordnance Remediation Building Surveying Advisory Historic Heritage Natural Heritage Indigenous Heritage Environmental Management System Bushfire Preparedness Planning Pollution Prevention Fire Engineering Heritage Management Planning

Panel Training What's New…. § New services; § Two new Simple Request for Proposal (RFP) sourcing approaches – for use in sourcing standard services and simple (non BC 2016) remediation works; § For urgent and/or simple services – the ability to have the consultants commence before the issuing of an RFP; and § Clearer instructions on how to ensure BC 2016 compliance for the services provided under the Remediation and Contamination categories.

Panel Training Request for Proposal Types The Panel offers four (4) methods through the issuing of a Request for Proposal (RFP) when sourcing services. These are: (1) General RFP • This is to be considered for use for all services under the Panel when the scope of work does not include building work. The contract management for the delivery of these services under this method of procurement is through the Panel Terms of Engagement. (2) Simple RFP • This is the sourcing process that can be used for low risk and low cost engagements and those engagements where the deliverables are small in scope or defined as simple. • This “Simple” process also allows for the Commonwealth to issue a Notice to the Panellist to commence the services prior to the issuing of a RFP. This process should only be used in circumstances where there is an urgent need to commence the work. • The contract management for the delivery of these services under this method of procurement is through the Panel Terms of Engagement.

Panel Training Request for Proposal Types (3) General Remediation RFP • This is a sourcing process that seeks services under the Panel categories of Contamination Remediation Works and Unexploded Ordnance Remediation only. It is not to be used for any other category under the Panel. • This sourcing method introduces different contractual and additional legislative obligations and as a result requires a separate contract. • This is called the General Remediation Contract and is mandatory to be used for the delivery of the services under this RFP. (4) Simple Remediation RFP • This is a sourcing process that seeks services under the Panel categories of Contamination Remediation Works and Unexploded Ordnance Remediation only. It is not to be used for any other category under the Panel. • This is the sourcing process that can be used for low risk and low cost engagements and those engagements where the deliverables are small in scope or defined as simple. • This process also allows for the Commonwealth to issue a notice to the Panellist to commence the services prior to the issuing of a RFP. This notice should only be used in circumstances where there is an urgent need to commence the work and no physical works are expected to be undertaken. • This sourcing method introduces different contractual and additional legislative obligations and as a result requires a separate contract. This is called the General Remediation Contract and is mandatory to be used for the delivery of the services under this RFP.

Panel Training How to Request for Services to Commence BEFORE an RFP is Issued Simple General and Simple Remediation Only Defence issues (via email) a Notice to Commence – you can call the Panellist to provide context. The Panellist provides a written response to this Notice (by email) either: • Confirming that they will commence performance, outlining the estimated number of hours expected to resource the service; or • Declining the request to perform the services. The Panellist then must immediately commence the services. The Project Officer must develop at this point the Simple RFP and issue to the consultant. This is the point where if further scope items align with the definition of building work services they must be introduced to the scope within the RFP and then BC 2016 compliance sought.

Panel Training How to Request for Services to Commence BEFORE an RFP is Issued Simple General and Simple Remediation Only The Panellist will provide a response to the RFP. If the response to the RFP is not accepted by the Commonwealth then the following must occur: • The Project Officer immediately issues a “Notice of Rejection” to the Panellist; • The Panellist immediately ceases performing the services; • The Panellist will be entitled to payment for the performance as specified in the Project Officers original Notice or as determined at the Project Officers absolute discretion in accordance with the Schedule of Rates for that Panellist; and • If requested, the Panellist can provide information to assist the Project Officer to determine the amount payable to the Panellists. If the response to the RFP is accepted then the standard RFP process is applied. (Project Example - the “Notice to Commence” is issued seeking for a review of an issue. The Panellist commences immediately on this review. A second stage of that requirement may be the need for a remediation of the items identified from that review. The second stage would form the scope of the RFP to be issued and it is at this stage Building Code legislation would need to be sought and validated before that second stage remediation work commences).

Panel Training What is BC 2016 The Building Code's purposes include: – promotion of an improved workplace relations framework for building work and promotion of compliance with the Building Code and designated building laws; – encourage the development of safe, healthy, fair, lawful and productive building sites for the benefit of all building industry participants; and – assisting industry stakeholders to understand the Commonwealth’s expectations of, and requirements for, entities that choose to tender for Commonwealth funded building work and/or are awarded contract for Commonwealth funded building work. The ABCC has been established to promote understanding and enforce compliance with Australia’s workplace laws in the building and construction industry. Tenderers/Applicants (those submitting a response to an ITR or RFT on or after 2 December 2016) seeking to perform building work for a Commonwealth funded building project, must demonstrate that their enterprise agreements are compliant with section 11 of the Building Code with a letter of compliance issued by the ABCC in order to tender and be awarded a contract for Commonwealth funded building work.

Panel Training What is BC 2016 What is Building Work for the Purposes of the Building Code 2016 What is considered to be 'Building Work' is very broad for the purposes of the Building Code. Building Work includes any of the following activities when relating to buildings, structures or works that, permanently or not, form part of land: – construction – alteration – extension – restoration – repair – demolition – dismantling Building Work also includes the installation of fittings in any building, structure or works that form part of land In addition, any operation that is part of the works described above, such as site-clearance, earth-moving, excavation, tunnelling or boring or laying of foundations is also Building Work. What is not Building Work for the Purposes of the Building Code 2016 is : – – the off-site prefabrication of made-to-order components to form part of any building, structure or works, unless that work is performed on an auxiliary or holding site that is separate from the primary construction site or sites; and the transportation or supply of goods to be used for any of the work mentioned in the definition of ‘Building Work, directly to a building site where that work is being or may be performed.

Panel Training Engagement Process Overview § Optional: Expression of Interest letter § Step 1: Commonwealth issues a Request for Proposal (Simple or General) § Step 2: Panel Consultants provides a conforming proposal § Step 3: Negotiations if required § Step 4: Official Order is issued to successful Panel Consultant § Step 5: Unsuccessful Panel Consultants notified and debriefs offered

Panel Training Expression of Interest Letter § It is used to ask if the Panellists are interested in or available to perform the services. § You must provide detail in the letter of the potential work to allow panelists to be able to consider. § Does not represent a procurement promise. § No obligation for the Commonwealth to proceed. § Will form the basis of your procurement strategy. § Best practice is to ensure you follow through with the outcome. § Template is available on DEQMS. § This is OPTIONAL and does not have to be used for each Panel procurement.

Panel Training Content of the Request for Proposal – (1) General and (2) Simple • RFP Form (These are your Tender Conditions); • Draft Official Order; • Annexure A - Brief (comprising Part 1 - The Project, Part 2 - Scope of Services, and Part 3 - Project Specific Special Conditions); • Annexure B - Project DCAP; • Annexure C - Fee Schedule; • Annexure D - Contract Particulars; and • Annexure E - Alternative Proposals. Difference for the Simple RFP – Annexure A seeks for less Brief content.

Panel Training Content of the Request for Proposal – (3) Remediation General and (4) Simple • • RFP Form; Draft Official Order; Annexure A - Brief (comprising Part 1 - The Project, Part 2 – Technical Specifications, and Part 3 – Project Specific Special Conditions); Annexure B - Project DCAP; Annexure C - Fee Schedule; Annexure D - Contract Particulars; Annexure E - Alternative Proposals; and Annexure F - Building Code 2016. Difference for the Simple RFP – Annexure A seeks for less Brief content

Panel Training Request for Proposal Template What is needed in each area? The RFP Template comprises of the following: § RFP Form – Tender Conditions; § Draft Official Order; § Annexure A - Brief • To be completed by the Commonwealth • Includes: Part 1 - The Project Part 2 - Scope of Services Part 3 - Project Specific Special Conditions (if any) (Less content required for simple RFP’s); § Annexure B - Project DCAP • To be tailored by the Commonwealth and completed by Consultant • Includes: Approach to Services, Minimum Resource Schedule, Key People, Sub-consultants, Commercial-in-Confidence Information;

Panel Training § Annexure C - Fee Schedule • Tailored by the Commonwealth • Lump Sum or Schedule of Rates; § Annexure D - Contract Particulars -Defence partially completes & Consultant completes remaining information; § Annexure E - Alternative Proposals • Must submit a conforming proposal before an alternative will be considered • Commonwealth has the discretion whether to accept or not; and § Annexure F – Building Code 2016. Note - Consultant is to submit Fee Schedule and Alternative Proposals in a separate file or envelope

Panel Training Issuing the RFP § You do not have to send the Request for Proposal (RFP) to all members of the Panel. § If you elect to sole source the opportunity you should defend this decision to your Delegate. § You must tailor the RFP documentation to the requirements of your project. § The RFP is to be issued by email and you are to ensure the consultant acknowledges receipt of the request. § The tender response back from each panelist can be lodged via email.

Panel Training Receiving the RFP § You will receive from the Panellist: – Completed project DCAP (Annexure B) – Completed Fee Schedule (Annexure C) – Completed Contract Particulars (Annexure D) – Alternative Proposal (Annexure E) OPTIONAL For Contamination Remediation Works and Unexploded Ordnance Remediation – In addition to the above you will receive the BC 2016 Compliance Evidence (Annexure F)

Panel Training How to Ensure BC 2016 Compliance for Contamination Remediation Works and Unexploded Ordnance Remediation DEQMS Page has detailed processes that must be followed: § Notifying the ABCC at time of RFP release; § We must assess the returned Schedule (Done internally); § Workplace Relations Management Plan (WRMP) is required for all procurements over $5 m: § It is sent to the ABCC for assessment; and § The ABCC approval of this Plan MUST be provided before contract Award. § Notify the ABCC at time of Contract Award.

Panel Training What documents form a Panel contract § The terms of the Official Order (including all the documents listed in the Official Order, such as the Fee Schedule, the Brief and the Project DCAP). § Any contract negotiations that may have occurred. § The Panel Agreement. § The Terms of Engagement. Special Contract Obligations § Can be written in as a special contract condition. § Legal review should be considered for complex procurements to ensure they do not contradict the Panel terms and conditions.

Panel Training Lump Sum v Schedule of Rates Lump Sum Engagements § No entitlement to reimbursement of any disbursements (including travel costs, car hire etc) unless otherwise explicitly stated by the Commonwealth in the Official Order § No entitlement to reimbursement of any additional costs/disbursements connected with: q A change in the location of the Consultant’s business q A change in the location of the Consultant’s personnel Schedule of Rates § Held by the Panel Management Team and will be provided for tender evaluation activities and validating variations. § All disbursements included in Schedule of rates except q Travel Costs q Car hire and taxi fares q Other disbursements specified in official order q Consultant must prior written consent before incurring these costs q Items which are not reimbursable costs include: telephone calls, printing, email or internet charges, royalties, taxes (excluding GST) and employment related levies Note – consultant staff delivering the services may not know their contractual entitlement to disbursements. Be alert to this in reviewing the invoices issued by the panelist.

Panel Training Can I add items to the Project DCAP requirements? § Yes, this schedule should be tailored for your project.

Panel Training Insurances – All Panellists have insurances that have been deemed as suitable for Panel Membership. – If you want to know this amount, ask the Panel Management team. – If you request an amount that is greater than their existing coverage, this may be reflected in pricing. – Employers Liability Insurance is a WA and overseas requirement only.

Panel Training Panel - Do not’s: § Do not source a proposal from a Panellist and a non Panel Consultant in the same procurement. § Do not delete “bits” from the RFP documents and Contract Particulars. Use the language of “Not Applicable, Nil Additional or none stated” where required and seek advice from your Legal Advisor or the Panel Management Team. § Do not include terms and conditions in the Brief that will negate or conflict with the Panel Agreement/Terms of Engagement or impose new contractual obligations. § Do not relax your probity framework because it is a Panel sourcing. It is still a procurement activity. § Do not source services from a Panellist where they are not on that Panel (i. e. Water Panellist asked to provide heritage). Design Work is not allowed

Panel Training What Should I Do About Poor Performance? § Know and understand: § the Terms of Engagement; or § the General Remediation Contract. § Always document the occurrences. § Raise with the Consultant’s Representative. § Agree remedial action. § Track progress and ensure the action is followed. § Do not pay for deliverables not received to the right standard. § Use the template Panel Notices to issue any required correspondence. § Advise of any continued poor performance to Panel Manager. § Do not terminate without seeking advise from the Panel Manager. Note - You must participate in the Panel Performance process that is conducted annually.

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