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SCOPE OF SERVICES - PROJECT MANAGEMENT AND CONTRACT

ADMINISTRATION

[NOTE FOR COMMONWEALTH USERS OF THE PANEL - THIS IS THE SCOPE OF


SERVICES FOR THE PROVISION OF PROJECT MANAGEMENT AND CONTRACT
ADMINISTRATION SERVICES UNDER THE DEFENCE INFRASTRUCTURE PANEL.
PLEASE NOTE THAT YOU DO NOT HAVE TO ENGAGE THE PANEL CONSULTANT TO
UNDERTAKE THE FULL SCOPE OF SERVICES, RATHER YOU ARE TO SELECT ALL OR
CERTAIN PARTS OF THE SCOPE FOR THE CONSULTANT TO DELIVER.

ONCE YOU HAVE IDENTIFIED THE ITEMS TO BE DELIVERED FROM THIS SCOPE OF
SERVICES, THIS SHOULD BE INSERTED INTO PART 2 (SCOPE OF SERVICES) OF THE
BRIEF IN THE REQUEST FOR PROPOSAL. SERVICES THAT ARE NOT INCLUDED IN THIS
SCOPE CANNOT BE SOURCED UNDER THIS PANEL DISCIPLINE.]

1. Project Management, generally

1.1 The Consultant has project management responsibility for achieving the objectives, budget
and program for the Project. These general project management responsibilities include:

(a) co-ordinating and integrating material provided by Project Contractors into


material which is prepared by the Consultant and the Commonwealth;

(b) co-ordinating, managing and integrating the Project Contracts and the Project
Contractors;

(c) providing the Commonwealth with all necessary assistance with respect to
dispute resolution under the Project Contracts, or otherwise at law as required;
and

(d) all such other services as reasonably expected from a competent, experienced
and prudent PMCA in ensuring that the objectives, budget and program for the
Project are met.

1.2 The Consultant must be able to identify issues and immediately advise the
Commonwealth's Representative of any matters on which it requires Commonwealth
assistance or intervention to achieve the objectives, budget or program of the Project,
including advice, recommendations and draft documentation (e.g. notices under the Project
Contract) and requests action required, and in any event prior to the matter having an
adverse effect on the Project.

2. Work Health and Safety, generally

2.1 Without limiting any other provision of the Contract, the Consultant must consult with, co-
operate and co-ordinate activities with all other persons who have a work health and safety
duty in relation to the same matter.

2.2 The Consultant must ensure that the requirements of the WHS Legislation are appropriately
incorporated into the relevant documentation for the Project, including approval
documentation, Risk Register, design documentation, cost planning information,
programming information, its PMCA Monthly Report, the Planning Phase Finalisation
Report and relevant Project Contract documentation.

2.3 The Consultant must ensure that the requirements of the WHS Legislation are adequately
addressed in the Project Contracts (including relevant DCAP and Project Plans produced
by the Project Contractors, e.g. Work Health and Safety Plan) and that the Project
Contractors comply with these requirements (including all obligations imposed on Project
Contractors regarding work health and safety reporting in Project Contracts), including:

(a) the reporting of notifiable incidents and other incidents and accidents (and any
systematic failures to manage risks);

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(b) the provision of information issued by or provided to the relevant regulator
regarding work health and safety matters (including notifiable incidents);

(c) details of proactive risk management measures implemented by the Contractor;

(d) any identified WHS matters/ risks/hazards that require escalation (for example
those identified in verification and audit reports);

(e) lead and lag indicator data;

(f) confirmation of WHS Accreditation Scheme accreditation currency;

(g) audit and verification results for audit and verification activities carried out by
the Project Contractor regarding the Project and Contract (and not simply
summary data); and

(h) written assurance compliance in accordance with the terms of the Project
Contract and any format and terms specified by the Commonwealth.

2.4 The Consultant must ensure:

(a) the Commonwealth's Representative is promptly informed of all matters


(including risks and hazards) relating to work health and safety relating to the
Project and the Project Contract (including arising from the information as set
out in paragraphs 2.3 and 2.5);

(b) any immediate risks to health and safety of workers and other persons arising
from the delivery of a Project/Project Contract are escalated urgently to the
Commonwealth (in addition to the Consultant requiring the elimination and if
elimination is not possible, minimisation of the relevant risks);

(c) it provides written recommendations and advice to the Commonwealth


regarding work health and safety matters, including any need to review
Commonwealth work health and safety policies or procedures; and

(d) without limiting subparagraphs (a) and (b) and paragraph 2.2 it reports to the
Commonwealth monthly (in the PMCA Monthly Report) regarding the work
health and safety matters set out in paragraphs 2.3, 2.5 and subparagraph (c) of
this paragraph 2.4.

2.5 The Consultant:

(a) must ensure that, if required, the requisite design certification references WHS
Legislation compliance and in all other respects the design obligations of the
WHS Legislation regarding the provision of information and reports are
complied with by the Project Contractor;

(b) must ensure that where a Statutory Requirement, including the WHS
Legislation requires a person to be licenced or authorised to carry out the
Works it ensures via the provision of evidence from the relevant Project
Contractor that such licencing or authorisation is held by the relevant person;

(c) must ensure the Project Contractor complies with its WHS Legislation and
Project Contract obligations regarding the use, management and storage of
Hazardous Substances;

(d) must ensure the Project Contractor provides as a precondition to Completion a


certificate that ACM and/or Asbestos have not be used in or incorporated into
the Works;

(e) must ensure that where the Project Contractor is a designer, importer, supplier
or manufacturer for the purposes of the WHS Legislation, the information the

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Project Contractor is required supply is provided by the Project Contractor
prior to Completion of the Works or relevant Stage;

(f) must ensure the Commonwealth provides to the Project Contractor any risks,
hazards or other information necessary for the Commonwealth to comply with
its WHS Legislation obligations (and proactively advise the Commonwealth as
to the nature, scope and content of such information required to be provided);

(g) must (if required by the Project Contract) as soon as reasonably practicable
after Completion, arrange to have the relevant Stage or the Works inspected,
tested and checked for WHS Legislation Compliance;

(h) must where there is more than one person owing a work health and safety duty
regarding the Project Works (shared work health and safety duty), facilitate the
Commonwealth and ensure he Project Contractor consult, co-operate and co-
ordinate with each other and Other Contractors and persons regarding their
shared work health and safety duty; and

(i) must facilitate the exchange, keeping and maintenance of information and
records, in respect to all work health and safety issues for all Project Contracts
including, as necessary, between the Commonwealth, the Project Contractor
and Other Contractors.

3. Project Plans and Quality Assurance, generally

3.1 Without limiting any other provision of the Contract, the Consultant must:

(a) manage the review and update of Project Plans prepared by Project
Contractors:

(i) on an annual basis on the Award Date set out in the Project
Contract;

(ii) if a Project Contract involves managing contractor contract


delivery, prior to Planning Phase Agreement under the Project
Contract (including for the purpose of ensuring the Project Plans
accurately reflect all the tasks and other things to be done by the
Project Contractor to perform the Contractor's Activities (as
defined in the Project Contract) during the Delivery Phase in
accordance with the Project Contract); and

(iii) as otherwise required to maintain currency;

(b) without limiting paragraph (a), if the Project Contract involves managing
contractor contract delivery, the Consultant must ensure the Project
Contractor's Quality Plan is reviewed and updated by the Project Contractor in
accordance with the Project Contract where:

(i) any actual or potential issues are identified by the Project


Contractor, the Consultant or the Commonwealth in relation to
Trust Account administration by the Project Contractor; or

(ii) there is a Change in Control (as defined in the Project Contract) of


the Project Contractor including any novation of the Project
Contract;

(c) in performing the Services under paragraph (a), the Consultant must (as a
minimum) carry out the following tasks:

(i) proactively ensure that Project Contractors review and update


Project Plans in accordance with the Project Contract (and
otherwise at the times set out in paragraph (a));

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(ii) conduct a detailed review of the Project Contractor's Project Plans;

(iii) identify any issues with the Project Contractor's Project Plans
(including defects and omissions) and communicate these to the
Project Contractor;

(iv) ensure that the Project Contractor submits acceptable amended


Project Plans in accordance with the process in the Project Contract
as required;

(v) continue to review, audit and monitor the Project Plans as required
to ensure currency and consistency with the obligations in the
Project Contract; and

(vi) maintain a record of all reviews, audits or monitoring of each


Project Plan;

(d) the Consultant must ensure that the Project Contractor complies at all times
with its obligations under the Project Contract in relation to Project Plans
including with respect to:

(i) implementation of its Project Plans;

(ii) compliance with the requirements in its Project Plans;

(iii) reviews, auditing, monitoring its Project Plans;

(iv) updating and amending its Project Plans; and

(v) maintaining documentation and detailed records in relation to its


Project Plans; and

(e) where applicable to any Project Contract:

(i) program for and complete regular reviews of the Trust Account
management of the Project Contractor during the Planning Phase
and the Delivery Phase to confirm use in accordance with the Trust
Deed;

(ii) provide a report to the Commonwealth's Representative on the


compliance, or otherwise of the Project Contractor Trust Account
management, documenting outcomes from the review in
subparagraph (i); and

(iii) if directed by the Commonwealth's Representative, procure third


party organisations from the Defence Infrastructure Panel, Process
Audit sub-category to:

A. perform an independent agreed-upon procedure or


audit of the Trust Account management in relation to
the obligations of the Project Contractor under the
Project Contract; and

B. provide a report, documenting outcomes from its


review.

4. Obligations in Relation to Trust Account Administration for Managing Contractor


Contract Projects, generally

4.1 The Consultant must:

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(a) ensure that the Project Contractor provides the monthly reconciliations and
monthly report information required under its Project Contracts;

(b) conduct a review and assessment of the monthly reconciliations and monthly
report information provided by the Project Contractor;

(c) confirm that all Trust Account activities by the Project Contractor strictly
comply with the Project Contract and the trust deed entered into between the
Project Contractor and the Commonwealth (Trust Deed);

(d) immediately identify any actual or potential non-compliances by the Project


Contractor with its obligations regarding Trust Account administration or
payment of subcontractors;

(e) confirm that all payments by the Project Contractor out of the Trust Account
are only being made to Beneficiaries (as defined in the Trust Deed);

(f) provide a written report to the Commonwealth's Representative on the Project


Contractor's Trust Account activities and administration (in a format acceptable
to the Commonwealth's Representative) which sets out:

(i) that the Trust Account reconciliation was conducted;

(ii) whether the activities align with the requirements in the Project
Contract and Trust Deed;

(iii) whether any actual or potential anomalies are identified;

(iv) the interest accrued and bank charges incurred in relation to the
Trust Account; and

(v) recommended actions (if any) including any need for an


independent audit to be conducted;

(g) proactively pursue any rectification required including taking all necessary
steps to proactively manage any non-compliances;

(h) immediately notify the Commonwealth's Representative of any significant


actual or potential breaches by the Project Contractor of its obligations
regarding Trust Account administration or payment of subcontractors and
provide recommendations as to rectification;

(i) ensure that the Project Contractor is demonstrating quality (by reference to the
Project Contractor's Quality Plan (as defined in the Project Contract)) in its
Trust Account activities and administration;

(j) ensure that the Project Contractor's Quality Plan is consulted and amended as
required in response to any Trust Account issues identified;

(k) maintain a list of Approved Subcontract Agreements;

(l) ensure Trust Accounts are an agenda item in the monthly meetings; and

(m) carry out and administer appropriate "close-out" activities in relation to the
Trust Account at the conclusion of the Delivery Phase (or earlier if there has
been a Change of Control for the Project Contractor (as defined in the Project
Contract) including any novation of the Project Contract.

5. PMCA Monthly Report, generally

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5.1 The Consultant must provide the Commonwealth's Representative with a "PMCA Monthly
Report", covering the activities of the prior month and the WHS matters referred to in
paragraph 2.4(d).

5.2 The Consultant Monthly Report is to be provided in accordance with the format/template
provided by the Commonwealth (or if no format/template is provided by the
Commonwealth, a format/template approved by the Commonwealth’s Representative), as
amended from time to time.

5.3 The Consultant Monthly Report is to be provided within 7 days of the due date of the
Project Contractor(s) Monthly Report. Where the Project Contractor Monthly Report is not
received by the due date or at all, the Consultant Monthly Report is to be provided no later
than the by the end of the second week of the month. The due date for the delivery of the
Consultant Monthly Report must give sufficient time for the Commonwealth to review the
Consultant Monthly Report prior to the Project Control Group Meeting (as defined in
paragraph 8.2) and the Project Management Meeting (as defined in paragraph 8.3).

6. Planning Phase Services, generally

6.1 The Planning Phase includes all activities up to and including [Commonwealth to insert
e.g. Parliamentary Approval, Project Approval].

6.2 In the Planning Phase, the Consultant must provide general project management and
contract administration services, including:

(a) manage Planning Phase start-up activities and/or prepare for, attend and
participate in Planning Phase start-up activities;

(b) preparing for, facilitating, attending, participating in and minuting meetings to


discuss the Project (including Project Governance Board Meetings, Project
Control Group Meetings, Project Management Meetings, Stakeholder/Sponsor
Meetings, other meetings and external consultation);

(c) further develop and refine the scope, cost and program of the Project with the
assistance of the Commonwealth, including through:

(i) design review;

(ii) risk management;

(iii) lessons learnt;

(iv) site selection;

(v) site and capacity investigations;

(vi) ICT investigations;

(vii) all other necessary investigations;

(viii) programming;

(ix) cost planning;

(x) value management; and

(xi) if applicable, program-wide activities;

(d) assisting the Commonwealth to undertake and finalise procurement activities,


including:

(i) the preparation, amendment and/or confirmation of procurement


planning documentation, including the Project Development and

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Delivery Plan (PDDP) which incorporates the Tender Evaluation
Plan (TEP). This includes liaising with the relevant project legal
and probity advisors in the development of these documents;

(ii) independent environmental and heritage services, cost planning


services, programming services and [Commonwealth to insert -
IBC/PDBC/DBC] writing services;

(iii) the development of procurement documentation for Project


Contracts (including advertisements, Invitations to Register
Interest, Tender Documents and Information Documents and
Addendum);

(iv) carrying out the role of "ITR Administrator" and "Tender


Administrator" for Project Contracts including organising and
facilitating industry briefs;

(v) evaluating submissions, participation in evaluation activities and


documenting the outcomes of the evaluations for the approval of
procuring Project Contractors;

(vi) preparing for, organising, facilitating, participating and preparing


agreed outcomes for negotiations; and

(vii) preparing the Project Contracts for execution by the parties;

(e) preparing for, attending and participating in training programs delivered by the
Commonwealth in respect of Project Contracts;

(f) performing the role of "Contract Administrator" for certain Project Contracts,
including transitioning any Project Contracts from the Planning Phase to the
Delivery Phase;

(g) assisting the Commonwealth to obtain all relevant Departmental Approvals,


Government Approvals and Parliamentary Approval of the Project, including
through co-ordinating, developing, providing, preparing and contributing to the
information required for such approvals, including:

(i) a Preliminary Detailed Business Case (PDBC) in accordance with


the Commonwealth Program for Departmental Approval (2nd
pass). The PDBC will be authored by [Commonwealth to insert -
the Commonwealth/the Consultant/insert other]; or

(ii) a Detailed Business Case (DBC) in accordance with the


Commonwealth Program for Departmental Approval (2nd pass).
The DBC will be authored by [Commonwealth to insert - the
Commonwealth/the Consultant/ insert other]; and

(iii) all necessary activities and documentation for the purpose of


achieving Parliamentary Approval, including participating as a
Commonwealth witness; and

(h) providing other project management services, including the provision of a


PMCA Monthly Report and a Planning Phase Finalisation Report.

6.3 In the Planning Phase, the Consultant must provide all Services on a:

(a) site-specific basis;

(b) location-specific basis;

(c) Works Package basis; or

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(d) as directed by the Commonwealth's Representative,

as described in the [Brief/ Scope of Services] or as otherwise directed by the


Commonwealth’s Representative

6.4 At the commencement of the Planning Phase, the Consultant must review any
recommendations and requirements leading from and including First Pass Approval and
ensure that such matters are addressed by the Project in the Planning Phase.

7. Planning Phase Start-Up Activities

7.1 Within 14 days of the commencement of the Planning Phase, the Consultant must:

(a) conduct mobilisation activities of their internal resources and systems,


consistent with their quality system and its Project DCAP;

(b) assist the Commonwealth arranging a [Commonwealth to insert the expected


duration] start-up meeting with the Commonwealth's Representative and Other
Contractors nominated by the Commonwealth's Representative. The
Consultant must identify, arrange and confirm the venue as required by the
Commonwealth's Representative and facilitate, attend and participate in the
[Commonwealth to insert the expected duration] start- up meeting. The
location of this meeting will be [Commonwealth to insert location];

(c) assist the Commonwealth arranging a [Commonwealth to insert the expected


duration] start-up meeting with the Commonwealth's Representative and
stakeholders and sponsors nominated by the Commonwealth's Representative.
The Consultant must identify, arrange and confirm the venue as required by the
Commonwealth's Representative and facilitate, attend and participate in the
[Commonwealth to insert the expected duration] start-up meeting. The
location of this meeting will be [Commonwealth to insert location of
meeting];

(d) prepare for and participate in any refinement of the Project DCAP, as directed
by the Commonwealth's Representative;

(e) provide a revised Project DCAP if required by the Commonwealth's


Representative; and

(f) prepare for, attend and participate in all other "start-up activities" (or similar)
identified by the Consultant in their Project DCAP.

7.2 Within 14 days of the commencement of the Planning Phase, the Consultant must identify,
investigate, prepare and confirm (in consultation with the Commonwealth's Representative)
the list of Project stakeholders and sponsors required to progress the objectives of the
Project. This list must include name, contact details and summary of interest in the Project.
The Consultant must use this list to establish and maintain a Stakeholder Register
throughout the delivery of their contracted services.

8. Meetings

8.1 Project Governance Board (PGB) Meetings

(a) The purpose of the Project Governance Board (PGB) Meeting is to provide
guidance to the Project Director as well as providing a forum for senior level
liaison with input to the Project by sponsors, users and senior Commonwealth
management. The PGB typically sits once per quarter per project, noting the
meetings may be required more often during the early stages of a complex
project. The PGB is chaired by Director General Capital Facilities
Infrastructure (DGCFI) Branch or their representative.

(b) The frequency is [Commonwealth to insert frequency].

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(c) The location is [Commonwealth to insert location].

(d) The Consultant must (in consultation with the Commonwealth's


Representative):

(i) prepare and issue invitations to required attendees (not less than 10
days prior to the proposed meeting);

(ii) prepare and circulate an agenda and PGB Report for the meeting
(not less than 10 days prior to the proposed meeting). The
Consultant must provide the agenda and PGB Report in accordance
with the format/template provided by the Commonwealth (or if no
format/template is provided by the Commonwealth, a
format/template approved by the Commonwealth’s Representative)
as amended from time to time;

(iii) identify, arrange and confirm the venue for each meeting, including
any necessary teleconferencing and/or video conferencing
arrangements. The Consultant must assume that each meeting will
be held at a venue to be provided by the Commonwealth in the
location described above;

(iv) prepare and circulate a Project Summary for the meeting (not less
than 10 days prior to the proposed meeting). The Project Summary
must identify all key activities relating to:

A. approvals;

B. scope;

C. budget and cost;

D. program;

E. procurement;

F. safety;

G. compliance; and

H. risks;

since the last Project Governance Board. The Consultant must


provide the Project Summary in accordance with the
format/template provided by the Commonwealth (or if no
format/template is provided by the Commonwealth, a
format/template approved by the Commonwealth’s
Representative), as amended from time to time;

(e) prepare the minutes of meetings (not later than 2 days after the conclusion of
the meeting) for review by the Commonwealth's Representative, which must be
accurate and free from errors; and

(f) circulate the minutes of meetings once cleared by the Commonwealth's


Representative.

8.2 Project Control Group Meetings

(a) The purpose of the Project Control Group (PCG) Meeting is to provide Project
specific information to the Commonwealth, Consultant and Project Contractor
(if required) and to discuss the Project specific issues as described under the

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key activities. These issues must align with the PMCA Monthly Report. The
required attendees include [Commonwealth to insert required attendees].

(b) The frequency is [Commonwealth to insert frequency].

(c) The location is [Commonwealth to insert location].

(d) The Consultant must (in consultation with the Commonwealth's


Representative):

(i) prepare and issue invitations to required attendees;

(ii) prepare and circulate an agenda and PCG Report for the meeting
(not less than 7 days prior to the proposed meeting).The Consultant
must provide the agenda and PCG Report in accordance with the
format/template provided by the Commonwealth (or if no
format/template is provided by the Commonwealth, a
format/template approved by the Commonwealth's Representative),
as amended from time to time;

(iii) identify, arrange and confirm the venue for each meeting, including
any necessary teleconferencing arrangements. The Consultant must
assume that each meeting will be held at a venue to be decided by
the Commonwealth in the location described above;

(iv) prepare and circulate at the meeting a "Project Summary" which


identifies all key activities relating to:

A. approvals;

B. scope;

C. budget and cost;

D. program;

E. procurement;

F. safety;

G. compliance; and

H. risks;

since the last meeting. The Consultant must provide the Project Summary in
accordance with the format/template provided by the Commonwealth (or if no
format/template is provided by the Commonwealth, a format/template
approved by the Commonwealth's Representative), as amended from time to
time;

(e) prepare the minutes of meetings for review by the Commonwealth's


Representative (not later than 2 days after the conclusion of the meeting),
which must be accurate and free from errors; and

(f) circulate the minutes of meetings once cleared by the Commonwealth's


Representative.

8.3 Project Management Meetings

(a) The purpose of the Project Management Meeting is to provide a forum for
Project level discussions to occur between the Consultant and each Project
Contractor. The content of these meetings should cover at a minimum such
matter as:

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(i) the activities of the Consultant;

(ii) the progress of the Project Contract;

(iii) Project risks;

(iv) WHS issues and risks;

(v) compliance issues;

(vi) quality issues;

(vii) if the Project Contract involves managing contractor contract


delivery, Trust Account administration; and

(viii) any other matter that the Consultant requires in order to ensure that
the Project is progressing.

(b) The frequency is [Commonwealth to insert frequency].

(c) The location is [Commonwealth to insert location].

(d) The Consultant must (in consultation with the Commonwealth's


Representative):

(i) prepare and issue invitations to required attendees;

(ii) prepare and circulate an agenda for the meeting (not less than 7
days prior to the proposed meeting). The Consultant must provide
the agenda in accordance with the format/template provided by the
Commonwealth (or if no format/template is provided by the
Commonwealth, a format/template approved by the
Commonwealth's Representative), as amended from time to time;

(iii) identify, arrange and confirm the venue for each meeting, including
any necessary teleconferencing arrangements;

(iv) prepare the minutes of meetings for review by the


Commonwealth's Representative; and

(v) circulate the minutes of meetings once cleared by the


Commonwealth's Representative, which must be accurate and free
from errors.

8.4 Stakeholder/Sponsor Meetings

(a) Where required, in the Planning and/or Delivery Phase, the Consultant must
assist the Commonwealth and other PMCAs (if any) to manage and co-ordinate
stakeholder and sponsor consultation. This will include managing the interface
between all stakeholders and/or sponsors, Project Contractors/PMCAs and the
Project team.

(b) The Consultant must conduct sufficient consultation with the stakeholders and
sponsors identified as "Users" to validate the user requirements for the Project
to be incorporated into any "User Requirements Brief" and approval
documentation as directed by the Commonwealth's Representative. The
Consultant must ensure that the outcome of such consultation is appropriately
incorporated into relevant documentation for the Project, including approval
documentation, Risk Register, design documentation, cost planning
information, programming information, its PMCA Monthly Report, the
Planning Phase Finalisation Report and relevant Project Contract
documentation.

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(c) The Consultant must provide the User Requirements Brief in accordance with
the format/template provided by the Commonwealth (or if no format/template
is provided by the Commonwealth, a format/template approved by the
Commonwealth's Representative), as amended from time to time.

(d) The Consultant must ensure that the consultation with the
stakeholders/sponsors identified as "Users":

(i) confirms the requirements for the Project;

(ii) finalises the detailed functional requirements for the Project;

(iii) identifies the priority for each requirement;

(iv) identifies any known risks and hazards associated with the Project;
and

(v) ascertains the technical regulatory frameworks applicable to the


Project.

(e) The meetings will be chaired by [Commonwealth to insert chairperson]. The


required attendees include [Commonwealth to insert attendees].

(f) The frequency is [Commonwealth to insert frequency].

(g) The location is [Commonwealth to insert location].

[Commonwealth to identify if locations or timings are different in Planning


and Delivery Phases and advise required timing.]

(h) The Consultant must (in consultation with the Commonwealth's


Representative):

(i) prepare and issue invitations to required attendees;

(ii) prepare and circulate an agenda for the meeting (not less than 7
days prior to the proposed meeting). The Consultant must provide
the agenda in accordance with the format/template provided by the
Commonwealth (or if no format/template is provided by the
Commonwealth, a format/template approved by the
Commonwealth's Representative), as amended from time to time;

(iii) identify, arrange and confirm the venue for each meeting, including
any necessary teleconferencing arrangements. The Consultant
must assume that each meeting will be held at a venue to be
provided by the Commonwealth in the location described above;

(iv) facilitate the meeting;

(v) prepare the minutes of meetings (not later than 2 days after the
conclusion of the meeting) for review by the Commonwealth's
Representative; and

(vi) circulate the minutes of meetings once cleared by the


Commonwealth's Representative.

(i) The Consultant must circulate the User Requirements Brief to the Project
stakeholders/sponsors, as directed by the Commonwealth's Representative.

(j) The Consultant acknowledges and agrees that the Project Sponsor will endorse
the final User Requirements Brief to be presented in the Initial Business Case.

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(k) If applicable, the Consultant will use the User Requirements Brief as the basis
for the development of the Brief for inclusion in the Tender Documents.

8.5 Other meetings

(a) [Commonwealth to insert, using above as an example]

9. External Stakeholder Consultation

9.1 Where required, in the Planning and/or Delivery Phase, the Consultant must provide all
necessary support to the Commonwealth to consult with, document and prepare draft
responses to concerns and issues raised by external stakeholders. Such external
stakeholders include State and Territory government, utility providers, infrastructure
providers (e.g. roads authorities), community groups and other special interest groups
having an interest in the Project. The purpose of such consultation is to inform and educate
relevant external stakeholders of the Project. The outcome required is to position the
Commonwealth to respond to concerns and achieve approval and/or progression of the
Project.

9.2 The Consultant must (in consultation with the Commonwealth's Representative):

(a) identify the relevant external stakeholders;

(b) program for sufficient consultation with external stakeholders to minimise


impacts on achieving approval of the Project in accordance with the
Commonwealth's Program;

(c) arrange, prepare for and attend such consultation with external stakeholders;
and

(d) ensure the outcomes of such consultations are appropriately incorporated into
the relevant documentation for the Project, including approval documentation,
Risk Register, design documentation, cost planning information, Parliamentary
Standing Committee on Public Works (PWC) notification, programming
information, its PMCA Monthly Report, the Planning Phase Finalisation
Report and relevant Project Contract documentation.

10. Design Review

10.1 Where required, in the Planning and/or Delivery Phase, the Consultant must assist the
Commonwealth's Representative and manage the co-ordination of the design review
process including the co-ordination of comments by Directorate of Estate Engineering
Policy and all other stakeholders/sponsors.

10.2 The Consultant must ensure that in undertaking design reviews, it carries out a general
review and reasonable check to ensure that the design by all disciplines is consistent and in
accordance with:

(a) the relevant Project Contract, which includes ensuring that the relevant quality
requirements have been met and in accordance with the Project Brief;

(b) the completeness of the design material in line with the obligations of the
Project Brief;

(c) the budget and program for the Project;

(d) the outcomes of previous risk management, value management, lessons learnt,
site selection, all investigations and ICT investigation activities;

(e) the outcomes of previous design reviews, including that the outcomes of
previous design reviews and design review workshops have been addressed;

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(f) Consultant's proposed Value Management activities against the report;

(g) safety in design requirements;

(h) all relevant Statutory Requirements, including WHS Legislation; and

(i) prepare a written report against the requirements of clause 10.2 to the
Commonwealth's Representative prior to the release of the Design Report to
the Commonwealth Representative, stakeholders and sponsor.

10.3 The Consultant must:

(a) provide copies of the design documentation (or similar) produced by the
Project Contractor to all stakeholders and sponsors;

(b) obtain, co-ordinate and collate all stakeholder/sponsor feedback on the relevant
design documentation (or similar); and

(c) provide feedback to the Project Contractor as directed by the Commonwealth's


Representative.

10.4 Without limiting the Contract (including the Terms of Engagement and the Brief), the
Consultant's design review methodology (which [Commonwealth to insert - must/must
not] include a detailed peer review) must be in accordance with the methodology in the
Project DCAP.

10.5 The Consultant must prepare for, convene and facilitate a design review workshop
[Commonwealth to insert period, having regard to the review period in the Project
Contract - e.g. within [10] days of the submission of Design Documentation (or similar)
under the Project Contract in respect of the following Milestones: / at the following
times in the Planning Phase]:

(a) [Commonwealth to insert Milestones/times (as applicable)]

10.6 The location of the design review workshops will be [Commonwealth to insert location].

10.7 For each design review workshop, the Consultant must (in consultation with the
Commonwealth's Representative):

(a) prepare and issue invitations to required attendees (not less than 14 days prior
to the proposed workshop);

(b) prepare and circulate an agenda for the workshop (not less than 7 days prior to
the proposed workshop). The Consultant must provide the agenda in
accordance with the format/template provided by the Commonwealth (or if no
format/template is provided by the Commonwealth, a format/template
approved by the Commonwealth's Representative), as amended from time to
time;

(c) to the extent not already provided, provide the relevant design documentation
(or similar) produced by the Project Contractor to all attendees before the
workshop;

(d) receive stakeholder/sponsor feedback on the design documentation, collate


such feedback and provide this to the Project Contractor before the workshop,
as directed by the Commonwealth's Representative;

(e) identify, arrange and confirm the venue for the workshop, including any
necessary teleconferencing arrangements;

(f) facilitate and conduct the workshop [Commonwealth to insert if applicable -


(such facilitator to be a specialist facilitator who is separate and independent

L\327180550.5 14
from the resources involved in the Project)] in accordance with the
methodology in the Project DCAP and as directed by the Commonwealth’s
Representative;

(g) prepare the minutes of the workshop (not later than [Commonwealth to insert
time period, having regard to review period in Project Contract - e.g. 2] days
after the conclusion of the workshop) for review by the Commonwealth's
Representative; and

(h) circulate minutes of the workshop once cleared by the Commonwealth's


Representative.

10.8 The Consultant must ensure that the outcomes of each workshop are appropriately
incorporated into the relevant documentation for the Project, including approval
documentation, Risk Register, design documentation, cost planning information,
programming information, PWC information, its PMCA Monthly Report, the Planning
Phase Finalisation Report and relevant Project Contract documentation.

11. Independent Design Certification

11.1 If required undertake independent design certification. [Note to Commonwealth: If the


Project requires independent design certification, please seek advice from the
Commonwealth's Panel Manager.]

12. Risk Management

12.1 The Consultant must prepare and maintain a "Risk Register" for the Project in accordance
with the format/template provided by the Commonwealth (or if no format/template is
provided by the Commonwealth, a format/template approved by the Commonwealth's
Representative), as amended from time to time and the methodology provided in its
Project DCAP and the requirements of WHS Legislation.

12.2 The Consultant must prepare for, convene and facilitate a risk workshop [Commonwealth
to insert - e.g. in respect of the following Milestones/at the following times in the
Planning Phase]:

(a) [Commonwealth to insert Milestones/times].

12.3 The location of the risk workshops will be [Commonwealth to insert location].

12.4 For each risk workshop, the Consultant must (in consultation with the Commonwealth's
Representative):

(a) prepare and issue invitations to required attendees;

(b) prepare and circulate an agenda for the workshop (not less than 7 days prior to
the proposed workshop). The Consultant must provide the agenda in
accordance with the format/template provided by the Commonwealth (or if no
format/template is provided by the Commonwealth, a format/template
approved by the Commonwealth's Representative), as amended from time to
time;

(c) provide the current Risk Register for the Project to all attendees before the
workshop;

(d) receive stakeholder/sponsor feedback on the Risk Register, collate such


feedback and provide this to any relevant Project Contractor before the
workshop, as directed by the Commonwealth's Representative;

(e) identify, arrange and confirm the venue for the workshop, including any
necessary teleconferencing arrangements. The Consultant must assume that

L\327180550.5 15
each workshop will be held at a venue to be provided by the Consultant in the
location described above;

(f) facilitate and conduct the workshop, [Commonwealth to insert if applicable -


(such facilitator to be a specialist facilitator who is separate and independent
from the resources involved in the Project)] in accordance with the
methodology in the Project DCAP and as directed by the Commonwealth's
Representative (being at least in accordance with the relevant international
standard for risk management);

(g) prepare the minutes of the workshop (not later than [Commonwealth to insert
time period - e.g. 2] days after the conclusion of the workshop) for review by
the Commonwealth's Representative; and

(h) circulate the minutes of the workshop once cleared by the Commonwealth's
Representative.

12.5 The Consultant must ensure that the outcomes of each workshop are appropriately
incorporated into the relevant documentation for the Project, including approval
documentation, Risk Register, design documentation, cost planning information,
programming information, PWC information and documents, its PMCA Monthly Report,
the Phase Finalisation Report (as applicable to that Phase of the Project) and relevant
Project Contract documentation.

13. Value Management

13.1 The Consultant must prepare for, convene and facilitate a value management workshop
[Commonwealth to insert time period - e.g. within [14] days of the submission of Design
Documentation (or similar) under the Project Contract in respect of the following
Milestones/at the following times in the Planning Phase:]

(a) [Commonwealth to insert Milestones/times].

13.2 The purpose of the value management workshops is to [Commonwealth to insert e.g.
establish or confirm important user requirements and identify suitable options within
resource constraints.]

13.3 The location of the value management workshops will be [Commonwealth to insert
location]. For each value management workshop, the Consultant must (in consultation with
the Commonwealth's Representative):

(a) prepare and issue invitations to required attendees;

(b) prepare and circulate an agenda for the workshop (not less than 7 days prior to
the proposed workshop). The Consultant must provide the agenda in
accordance with the format/template provided by the Commonwealth (or if no
format/template is provided by the Commonwealth, a format/template
approved by the Commonwealth's Representative), as amended from time to
time;

(c) provide necessary information to all attendees before the workshop, as directed
by the Commonwealth's Representative;

(d) receive stakeholder/sponsor feedback, collate such feedback and provide this to
any relevant Project Contractor before the workshop, as directed by the
Commonwealth's Representative;

(e) identify, arrange and confirm the venue for the workshop, including any
necessary teleconferencing arrangements. The Consultant must assume that
each workshop will be held at a venue to be provided by the Consultant in the
location described above;

L\327180550.5 16
(f) facilitate and conduct the workshop with [Commonwealth to insert if
applicable - (such a facilitator to be a specialist facilitator who is separate
and independent from the resources involved in the Project)] in accordance
with the methodology in the Project DCAP and as directed by the
Commonwealth's Representative;

(g) prepare the minutes of the workshop (not later than [Commonwealth to insert
time period - e.g. 2] days after the conclusion of the workshop) for review by
the Commonwealth's Representative; and

(h) circulate the minutes of the workshop once cleared by the Commonwealth's
Representative.

13.4 The Consultant must ensure that the outcomes of each workshop are appropriately
incorporated into the relevant documentation for the Project, including approval
documentation, Risk Register, design documentation, cost planning information,
programming information, its PMCA Monthly Report, the Phase Finalisation Report (as
applicable to that Phase of the Project) and relevant Project Contract documentation.

14. Protective Security Working Group

14.1 The Consultant will convene (and reconvene as necessary) and minute a Protective
Security Working Group (PSWG), with attendance and assistance as necessary by a
Security Construction and Equipment Committee (SCEC) endorsed sub-consultant, noting
that this SCEC sub-consultant is to be from a different SCEC endorsed provider than the
SCEC sub-consultant engaged by the Project Contractor.

14.2 The outcomes of the PSWG meeting/s will determine the Statutory Requirements
applicable to the security aspects of the Works, and the relevant accrediting authority/ies
for the Delivery Phase services. Security agreements between Defence and any other
Agency will also need to be considered.

14.3 The Consultant will be responsible for sourcing all material, conducting all consultation
and gaining all agreements necessary to achieve security accreditation without delay to
user occupation of the Works.

14.4 Where the Consultant does not hold the relevant security clearance for its personnel and/or
storage facilities, security materials are to be held and circulated as necessary by the SCEC
sub-consultant and/or the Project Contractor (or the Project Contractor's SCEC sub-
consultant). In any case, all material held relating to security design, accreditation and
agreements is to be provided to the Commonwealth’s Representative at appropriate times,
and at a minimum at:

(a) submission of each Design Report Milestone;

(b) submission of the PWC Statement of Evidence;

(c) completion of the As-Constructed design;

(d) completion of the Works; and

(e) (as necessary) the Project close-out.

15. Lessons Learnt

15.1 The Consultant must prepare and maintain a “Lessons Learnt Register” for the Project in
accordance with the format/template provided by the Commonwealth (or if no
format/template is provided by the Commonwealth, a format/template approved by the
Commonwealth's Representative), as amended from time to time and the methodology
provided in its Project DCAP.

L\327180550.5 17
15.2 The Consultant must prepare for, convene and facilitate a lessons learnt workshop
[Commonwealth to insert - e.g. in respect of the following Milestones/ at the following
times in the Planning Phase/ Delivery Phase]:

(a) [Commonwealth to insert Milestones/times].

15.3 The location of the lessons learnt workshops will be [Commonwealth to insert location].

15.4 For each workshop, the Consultant must (in consultation with the Commonwealth's
Representative):

(a) prepare and issue invitations to required attendees (not less than 7 days prior to
the proposed workshop);

(b) prepare and circulate an agenda for the workshop (not less than 7 days prior to
the proposed workshop). The Consultant must provide the agenda in
accordance with the format/template provided by the Commonwealth (or if no
format/template is provided by the Commonwealth, a format/template
approved by the Commonwealth's Representative), as amended from time to
time;

(c) to the extent not already provided, provide the current Lessons Learnt Register
for the Project to all attendees before the workshop;

(d) receive stakeholder/sponsor feedback on the Lessons Learnt Register, collate


such feedback and provide this to any relevant Project Contractor before the
workshop, as directed by the Commonwealth's Representative;

(e) identify, arrange and confirm the venue for the workshop, including any
necessary teleconferencing arrangements. The Consultant must assume that
each workshop will be held at a venue to be provided by the Consultant in the
location described above;

(f) facilitate and conduct the workshop with [Commonwealth to insert if


applicable - (such a facilitator to be a specialist facilitator who is separate
and independent from the Key Personnel involved in the Project)] in
accordance with the methodology in the Project DCAP and as directed by the
Commonwealth's Representative;

(g) prepare the minutes of the workshop for review by the Commonwealth's
Representative; and

(h) circulate the minutes of the workshop once cleared by the Commonwealth's
Representative.

15.5 The Consultant must ensure that lessons learned processes target the measuring and
improvement of Commonwealth project activities to ensure the benefits of this process
flows to Commonwealth processes applicable to future projects engaging any Panel
Consultant.

15.6 The Consultant must ensure that the outcomes of each workshop are appropriately
incorporated into the relevant documentation for the Project, including approval
documentation, Lessons Learnt Register, Risk Register, design documentation, cost
planning information, programming information, its PMCA Monthly Report, the Planning
Phase Finalisation Report and relevant Project Contract documentation.

16. Site Selection

16.1 The Consultant is [Commonwealth to insert applicable option - not required to carry out
any site selection activities./The Consultant must (in consultation with the
Commonwealth's Representative):

L\327180550.5 18
(a) assess and provide recommendations with respect to siting options. This
includes, but is not limited to:

(i) all necessary consultation with stakeholders, sponsors and


relevant people identified on the DEQMS site selection member
and stakeholder list; and

(ii) complying with the process described on DEQMS including:

A. identifying available options through the


development of a "Site Selection Brief" using the
most recent version of the applicable template on
DEQMS (or if no format/template is available, the
format/template approved by the Commonwealth's
Representative); and

B. completing the Site Selection Matrix using the most


recent version of the applicable template on DEQMS
(or if no format/template is available, the
format/template approved by the Commonwealth's
Representative) for all feasible options;

(b) prepare for, attend, present and minute the Site Selection Board;

(c) update the Site Selection Brief or Site Selection Matrix as a result of the
outcomes of the Site Selection Board;

(d) prepare the site selection board outcome brief for relevant approvals as
detailed on DEQMS; and

(e) communicate the outcomes of the Site Selection Board to the Project
stakeholders, sponsors, other project PMCAs (if relevant), Project
Contractors and Other Contractors, as directed by the Commonwealth's
Representative.]

17. Site and Capacity Investigations

17.1 The Consultant must: [Commonwealth to select applicable requirements set out below]

(a) assist the Commonwealth to identify any site, site condition and capacity
investigations that will be required for the Project; [and]

(b) assist the Commonwealth to arrange for such further site, site condition and
capacity investigations to be carried out, including by identifying the relevant
requirements, incorporating such requirements in relevant procurement and/or
execution documentation and administering such investigations under each
relevant Project Contract; [and/or]

(c) carry out the following additional investigations for the purpose of the
[IBC/PDBC/DBC].

17.2 The Consultant must ensure that the outcomes of these investigations are appropriately
incorporated into the relevant documentation for the Project, including approval
documentation, Risk Register, Project Contracts, design documentation, cost planning
information, programming information, its PMCA Monthly Report, the Planning Phase
Finalisation Report and relevant Project Contract documentation.

18. ICT Investigations

18.1 The Consultant must:

L\327180550.5 19
(a) assist the Commonwealth to identify any ICT infrastructure investigations that
will be required for the Project (for example, the investigation of the need for
any upgrades to cabling infrastructure, impact on active components and
identification of future expansion requirements);

(b) assist the Commonwealth to arrange for such further ICT infrastructure
investigations to be carried out, including by identifying the relevant
requirements, incorporating such requirements in relevant procurement and/or
execution documentation and administering such investigations under each
relevant Project Contract; and

(c) assist the Commonwealth to ensure that the Project's ICT objectives are
maximised and addressed in the Planning Phase, including by liaising with the
Project Contractors and Other Contractors.

18.2 The Consultant must ensure that the outcomes of these investigations are appropriately
incorporated into the relevant documentation for the Project, including approval
documentation, Risk Register, Project Contracts, design documentation, cost planning
information, programming information, its PMCA Monthly Report, the Phase Finalisation
Report (as applicable to that Phase of the Project) and relevant Project Contract
documentation.

19. Other Investigations

19.1 The Consultant must: [Commonwealth to select applicable requirements set out below]

(a) assist the Commonwealth to identify any other critical issues and resource
requirements relevant to the Project (e.g. parallel planning, feasibility studies to
develop options, master planning, logistic planning, traffic planning, etc); [and]

(b) assist the Commonwealth to arrange for such investigations to be carried out,
including by identifying the relevant requirements and incorporating such
requirements in relevant procurement and/or execution documentation;
[and/or]

(c) carry out the following additional investigations for the purpose of the
[IBC/PDBC/DBC].

19.2 The Consultant must ensure that the outcomes of these investigations are appropriately
incorporated into the relevant documentation for the Project, including approval
documentation, Risk Register, design documentation, cost planning information,
programming information, its PMCA Monthly Report, the Phase Finalisation Report (as
applicable to that Phase of the Project) and relevant Project Contract documentation.

20. Programming

20.1 The Consultant must prepare and maintain an overall "Master Program" for the Project in
accordance with the format/template provided by the Commonwealth (or if no
format/template is provided by the Commonwealth, a format/template approved by the
Commonwealth's Representative), as amended from time to time and the methodology
provided in its Project DCAP. This includes co-ordinating and integrating the information
provided by Project Contractors.

20.2 The Master Program must, as a minimum:

(a) set out the date by which the facility is to be occupied (in-service date) for each
element of the Works;

(b) set out the timing for the submission and finalisation of Consultant Material
(including deliverables and documents) required by the Contract, having regard
to the agreed timeframe for stakeholder review set out in the Communications
Plan;

L\327180550.5 20
(c) set out activities to be carried out by the Consultant and the Project Contractor,
once engaged;

(d) account for all matters affecting the Services outlined in the Brief and the
Project Contract (once the Project Contract is executed);

(e) set out program related matters identified by the Consultant;

(f) once the Project Contractor has been engaged, be updated to include relevant
information provided by the Project Contractor;

(g) key milestones and activities (including the PWC milestones and deliverables)
to be carried out by the Consultant and the Project Contractor; and

(h) such other matters as the Commonwealth's Representative may specify.

20.3 The Consultant must prepare and maintain the program for the Services in accordance with
the format/template provided by the Commonwealth (or if no format/template is provided
by the Commonwealth, in a format/template approved by the Commonwealth's
Representative) as amended from time to time.

20.4 The Consultant must:

(a) submit a first draft Master Program for the approval of the Commonwealth's
Representative at the same time as it submits its initial draft Communications
Plan; and

(b) then update and submit a final Master Program for the approval by the
Commonwealth's Representative.

20.5 The Master Program may only be updated with the approval of the Commonwealth's
Representative when the Consultant has demonstrated to the Commonwealth's
Representative's satisfaction that key dates in the Master Program must be moved as a
result of any action by the Commonwealth.

20.6 The Consultant must undertake all necessary activities to ensure that the in-service date
shown in the Master Program is met.

21. Future Cost Planning

21.1 The Consultant must prepare and maintain an overall "Cost Plan" for the Project in
accordance with the format/template provided by the Commonwealth (or if no
format/template is provided by the Commonwealth, a format/template approved by the
Commonwealth's Representative), as amended from time to time and the methodology
provided in its Project DCAP. This includes co-ordinating and integrating the information
provided by Project PMCAs, Project Contractors and Other Contractors.

21.2 The Consultant is required to assist the Commonwealth to develop and refine the Project's
financial year estimate each financial year, including by having regard to information
provided by Project Contractors and in accordance with the methodology provided in its
Project DCAP.

21.3 The Consultant is required to develop and refine the Project's Future Sustainment,
Employment and Operating Costs (FSEOC) (as that term is amended from time to time by
the Commonwealth) for the purpose of the Detailed Business Case. These costs will
include any costs associated with the through-life sustainment, operation and staffing of the
relevant infrastructure.

21.4 If the Consultant is not required to develop and refine the Project's FSEOC. The Consultant
may be required to independently verify the FSEOC estimate produced by any Project
Contractor.

L\327180550.5 21
21.5 If the Consultant is required to develop and refine the Project's FSEOC, the Consultant
must:

(a) co-ordinate and integrate the information provided by Project Contractors;

(b) provide the Project FSEOC at each Milestone in accordance with the cost
confidence required at that Milestone in accordance with the format/template
provided by the Commonwealth (or if no format/template is provided by the
Commonwealth, a format/template approved by the Commonwealth's
Representative), as amended from time to time and the methodology provided
in its Project DCAP;

(c) have regard to the maintenance requirements of infrastructure (both new and
established) over the life of the structure;

(d) provide detailed planning cost estimates of infrastructure options. Planning cost
estimates are required to provide an indication of likely total construction
costs;

(e) liaise with relevant Commonwealth officers to obtain sufficient data relating to
the development or refinement of FSEOC;

(f) in the absence of applicable relevant data, use accepted industry rates and
practice to determine the FSEOC; and

(g) undertake all activities to facilitate the endorsement of the final FSEOC by the
relevant approving authority.

21.6 If the Consultant is required to develop and refine the Project's FSEOC, the Consultant
acknowledges and agrees that the final FSEOC estimates require endorsement by the
relevant approving authority.

22. Program-wide activities

22.1 [Commonwealth to insert requirements, if applicable, based on above, e.g. design review,
value management, lessons learnt, risk management]

23. Procurement planning documentation for Project Contracts

23.1 The Consultant must assist the Commonwealth's Representative to prepare and update the
PDDP and other procurement planning documentation for the Project. This includes:

(a) if requested by the Commonwealth's Representative, providing a


recommendation with respect to the delivery method/s for the Project and all
other necessary advice, information and support in the preparation or updating
of the PDDP as required by the Commonwealth's Representative (such
recommendation with respect to delivery methods must include a description of
the advantages and disadvantages of proceeding with the delivery of the
Project under each relevant method and other matters relevant to the
recommendation); and

(b) where the Project is greater than $20 million or the investigation of alternative
method of procurement option has otherwise been recommended and agreed by
the Commonwealth, the Consultant must assist the Commonwealth to engage
and manage a suitable and competent Consultant to the alternative method of
procurement as an option for the Project.

24. Environment and Heritage

24.1 The Consultant must:

L\327180550.5 22
(a) assist the Commonwealth to identify any environment and heritage services
that will be required for the Project from information available, or from
consultation with relevant stakeholders and authorities;

(b) assist the Commonwealth to arrange for such environment and heritage
services to be carried out, including by identifying the relevant requirements,
incorporating such requirements in relevant procurement and/or execution
documentation and administering such investigations under each relevant
Project Contract; and

(c) assist the Commonwealth to ensure that the Commonwealth's environment and
heritage objectives are maximised and addressed in the Planning Phase,
including by liaising with the Project's other PMCAs (if any), Project
Contractors and Other Contractors. [Note to Commonwealth: This must be
included where a Project Contract involves managing contractor contract
delivery]

24.2 EPBC Act

(a) Without limiting clauses 2.10 or 2.15 of the Terms of Engagement, the
Consultant must assist the Commonwealth to comply with its obligations under
the Environment Protection and Biodiversity Conservation Act 1999 (Cth)
(EPBC Act), including the conditions of any approval or permit issued under
the EPBC Act in respect of the Project or the Site (EPBC Approval).

(b) The Consultant must, in respect of any EPBC Approval:

(i) identify the parts of the Project or the Site relevant to or affected by
the EBPC Approval;

(ii) provide each Project Contractor with a copy of the EPBC


Approval;

(iii) actively review all Project Contractor Documentation (including


project plans and design documentation) to ensure compliance with
the EPBC Approval (and, if necessary, require each Project
Contractor to submit updated or amended Project Contractor
Documentation that complies with the EPBC Approval);

(iv) if required, direct each Project Contractor to implement amended


or additional environmental management measures to ensure
compliance with the EPBC Approval;

(v) regularly and actively manage, monitor, review and report on the
Project's and each Project Contractor's compliance with the EPBC
Approval and other Statutory Requirements regarding the
protection of the Environment;

(vi) immediately notify the Commonwealth's Representative of any


non-compliance with the EPBC Approval; and

(vii) otherwise ensure that each Project Contractor discharges its


obligations under the relevant Project Contract in accordance with
the EPBC Approval, all relevant Statutory Requirements and the
relevant Project Contract.

24.3 Independent cost planner

(a) [Commonwealth to insert requirements, if applicable. This must be included


where a Project Contract involves managing contractor contract delivery.]

24.4 Independent programmer

L\327180550.5 23
(a) [Commonwealth to insert requirements, if applicable. This must be included
where a Project Contract involves managing contractor contract delivery.]

24.5 Independent SBC/DBC writer

(a) [Commonwealth to insert requirements, if applicable.]

24.6 Independent Commissioning Agent

(a) [Note to Commonwealth: If the Project requires an independent


commissioning agent in the Planning Phase, please seek advice from the
Commonwealth's Panel Manager.]

25. Role of "ITR Administrator"

25.1 The Consultant must perform the role of ITR Administrator in relation to the procurement
of the following Project Contracts:

(a) [Commonwealth to insert Project Contracts].

25.2 In performing the role of the ITR Administrator, the Consultant must carry out the
following tasks (in consultation with the Commonwealth's Representative):

(a) assisting the Commonwealth's Representative to draft advertisements about the


Project for publication in AusTender based on the most recent version of the
applicable template on DEQMS (or if no format/template is available, a
format/template approved by the Commonwealth's Representative);

(b) preparing draft Invitation to Register Interest (ITR) documentation based on


the most recent version of the applicable template on DEQMS (or if no
format/template is available, a format/template approved by the
Commonwealth's Representative);

(c) providing draft documentation to the Commonwealth's Representative and the


Commonwealth's probity and legal advisers for review prior to release. The
Consultant must provide for sufficient time for review of the documents by the
Commonwealth's Representative and the Commonwealth's advisers;

(d) responding to industry requests for the ITR documentation;

(e) issuing ITR documentation;

(f) maintaining a register of persons to whom the ITR documentation is issued;

(g) issuing addenda to the ITR documentation as approved by the


Commonwealth’s Representative;

(h) issuing "information documents", including, if required, the preparation, issue,


receipt and registering of confidentiality agreements in a timely fashion to
provide Applicants that maximum opportunity to review “information
documents”;

(i) managing the receipt of and co-ordinating responses to requests for


clarification, addenda and information documents;

(j) other activities as directed by the Commonwealth's Representative in


connection with the role of the ITR Administrator, as described in the ITR
documents;

(k) arrange, prepare for and attend any industry briefing and site visits including:

(i) notifying applicants of proposed dates and timings;

L\327180550.5 24
(ii) compiling attendee lists;

(iii) arranging access to the relevant location;

(iv) developing any presentation required by the Commonwealth; and

(v) delivering any presentation required by the Commonwealth; and

(l) other activities as directed by the Commonwealth's Representative in


connection with the role of the ITR Administrator, as described in the
Invitation to Register Interest documents.

26. Registration Evaluation Boards

26.1 The Consultant must provide suitably qualified personnel to participate in the Registration
Evaluation Boards (REB) for all nominated Project Contracts.

26.2 In carrying out the role of REB member, the Consultant must ensure that the personnel
proposed for the task:

(a) conform to and comply with the requirements of the TEP;

(b) declare any conflicts of interest in relation to the Registrations of Interest


received by the Commonwealth;

(c) provide the Commonwealth with a Deed of Confidentiality prior to receiving


Registrations of Interest;

(d) read and evaluate Registrations of Interest received in response to the ITR for
the Project (including documenting the individual evaluation undertaken);

(e) attend on the Project (either in person or through teleconference) for the
convening of the REB;

(f) perform the role of Secretary of the REB, by minuting the evaluation and
recommendations of the REB and preparing the Registration Evaluation Board
Report (REBR);

(g) assist the Commonwealth to conduct any necessary clarification arising out of
the Registrations of Interest;

(h) draft the REBR to a high standard and based on all instruction and examples
provided by Defence. For clarity, the draft REBR is expected to be complete
and fully detail all aspects of the evaluation undertaken;

(i) circulate the REBR to REB Members, take comment on and amend as
necessary the draft REBR once directed to by the Commonwealth’s
Representative;

(j) circulate to the Commonwealth's Probity Advisor, take comment on and amend
as necessary the draft REBR once REB Members' comments have been
incorporated;

(k) complete the REBR to a standard acceptable to the Commonwealth’s


Representative and provide signature where the REBR concurs with the
process of evaluation and recommendations of the REB;

(l) assist the Commonwealth to assess the financial viability of applicants,


whether through the use of specialists or through sub-consultants;

(m) read the Registration Evaluation Board Report (REBR) and provide signature
where the REBR concurs with the process of evaluation and recommendations
of the REB (and if they do not concur, provide a dissenting report);

L\327180550.5 25
(n) assist the Commonwealth to notify the short-listed and non short-listed
Applicants, as directed by the Commonwealth's Representative; and

(o) assist the Commonwealth to provide debriefs, as requested by the


Commonwealth's Representative.

27. Tender Documentation for Project Contracts

27.1 The Consultant must develop tender documentation in relation to the procurement of the
following Project Contracts:

(a) [Commonwealth to insert Project Contracts],

using the most recent version of the applicable template on DEQMS (or if no
format/template is available, a format/template approved by the Commonwealth's
Representative) in accordance with the methodology in the Project DCAP. The tender
documentation includes:

(b) if applicable, assisting the Commonwealth's Representative to draft


advertisements about the Project for publication in electronic media (e.g.
AusTender) based on the most recent version of the applicable template on
DEQMS (or if no format/template is available, a format/template approved by
the Commonwealth's Representative);

(c) Tender Conditions;

(d) Tender Particulars;

(e) Tender Schedules;

(f) Contract Particulars;

(g) Special Conditions;

(h) the Brief, Works Description or equivalent document relevant to the type of
Project Contract. This includes co-ordinating and integrating material provided
by Project Contractors into material which is prepared by the Consultant and
ensuring such material is consistent with the Project Contract documentation
on DEQMS; and

(i) "Information Documents".

27.2 In developing the Tender Documents the Consultant must attend and participate in
workshops, meetings, teleconferences and discussions with the Commonwealth's advisers
and others nominated by the Commonwealth's Representative. The purpose of such
workshops, meetings, teleconferences and discussions will be to consider specific issues
facing the Project and develop methods to address those risks and issues in the tender
documentation. The Consultant must assume that the location of all workshops and
meetings will be [Commonwealth to insert location].

27.3 The Consultant must provide draft tender documentation to the Commonwealth's
Representative and the Commonwealth's legal and probity advisers for review prior to
release. The Consultant must provide for sufficient time for review of the documents by
the Commonwealth's Representative and the Commonwealth's advisers.

28. Project Contract Training - before execution of Project Contracts

28.1 The Consultant must prepare for, attend and participate in any "Just in Time" training
provided by the Commonwealth and the Commonwealth's advisers with respect to the
Project Contracts. The Consultant must ensure that the Consultants Representative and all
other Consultant personnel engaged in the Services and the administration or management
of the Project Contracts attend such training.

L\327180550.5 26
29. Role of "Tender Administrator"

29.1 The Consultant must perform the role of Tender Administrator in relation to the
procurement of the following Project Contracts:

(a) [Commonwealth to insert Project Contracts],

29.2 In performing the role of the Tender Administrator, the Consultant must carry out the
following tasks (in consultation with the Commonwealth's Representative):

(a) prepare draft letter(s) requesting the completion of Disclaimer and


Confidentiality Agreements from prospective tenderers;

(b) issue Tender Documents;

(c) issue Information Documents;

(d) maintain a register of the companies to whom Tender Documents are issued;

(e) issue addenda to the Tender Documents;

(f) issue further Information Documents;

(g) manage the receipt of and co-ordinate responses to requests for clarification,
addenda and Information Documents;

(h) arrange, prepare for and attend any industry briefing and site visits including:

(i) notifying tenderers of proposed dates and timings;

(ii) compiling attendee lists;

(iii) arranging access to the relevant location;

(iv) developing any presentation required by the Commonwealth; and

(v) delivering any presentation required by the Commonwealth;

(i) facilitate requests for Site access by tenderers during the tender period and
attend such periods of Site access; and

(j) other activities as directed by the Commonwealth's Representative in


connection with the role of the Tender Administrator, as described in the
Tender Documents.

30. Tender Evaluation Boards

30.1 The Consultant must provide suitably qualified personnel to participate in the Tender
Evaluation Boards (TEB) for the following Project Contracts:

[Commonwealth to insert Project Contracts]

30.2 In carrying out the role of TEB member, the Consultant must ensure that the personnel
proposed for the task:

(a) conform to the requirements of the Evaluation Plan, provided to the Consultant
by the Commonwealth;

(b) read and evaluate tender received in response to the Tender Documents for the
Project;

(c) declare any conflicts of interest in relation to the tenders received by the
Commonwealth;

L\327180550.5 27
(d) provide the Commonwealth with a signed Deed of Confidentiality prior to
receiving tenders;

(e) read and evaluate tenders received in response to the Tender Documents for the
Project. This includes:

(i) assessing the draft Work Health and Safety Plan provided by a
tenderer to ensure it complies with the requirements of the Project
Contract and the WHS Legislation and providing advice to the
Commonwealth with respect to whether or not the draft Work
Health and Safety Plan is of a standard and quality which will
ensure that the delivery of the Project will comply with WHS
Legislation requirements, including ensuring the Work Health
Safety Plan is Project and contract specific;

(ii) review the tenders received more generally to ensure tenderers


have sufficient skill, experience and resources to carry out the work
under the Project Contract safely; and

(iii) conducting a detailed review of all other draft Project Plans


provided by tenderers to ensure that they:

A. comply with the requirements of the Project Contract;

B. are Project and contract specific; and

C. address key Project risks and issues (including work


health and safety risks);

(f) document the individual evaluation undertaken (in Microsoft Word or


equivalent), which must set out:

(i) the Consultant's comments on the tenders received; and

(ii) the Consultant's financial analysis, comprising of a detailed


comparison of the fees, costs and resources proposed, and
proposed Key Performance Indicators (KPI) against an estimate to
be prepared by the Consultant's sub-contracted Independent Cost
Planner;

(g) provide an electronic copy of the individual evaluation to the Commonwealth’s


Representative at the conclusion of the TEB and include elements of the
evaluation in the Tender Evaluation Board Report (TEBR);

(h) attend on the Project in person for the convening of the TEB in a location
nominated by Defence;

(i) perform the role of Secretary of the TEB, by minuting the evaluation and
recommendations of the TEB and preparing the TEBR, including identification
of any matters for clarification or negotiation and the preparation of draft
supporting documentation;

(j) assist the Commonwealth to conduct any necessary clarification arising out of
the tender responses;

(k) draft the TEBR to a high standard and based on all instruction and examples
provided by Defence. For clarity, the draft TEBR is expected to be complete
and fully detail all aspects of the evaluation undertaken;

(l) circulate to TEB Members, take comment on and amend as necessary the draft
TEBR once directed to by the Commonwealth’s Representative;

L\327180550.5 28
(m) circulate to the Project Probity Advisor, take comment on and amend as
necessary the draft TEBR once TEB Members' comments have been
incorporated;

(n) complete the TEBR to a standard acceptable to the Commonwealth’s


Representative and provide signature where the TEBR concurs with the
process of evaluation and recommendations of the TEB;

(o) read the Tender Evaluation Board Report (TEBR) and provide signature where
the TEBR concurs with the process of evaluation and recommendations of the
TEB (and if they do not concur, provide a dissenting report);

(p) assist the Commonwealth to notify the preferred tenderer, as directed by the
Commonwealth Representative; and

(q) assist the Commonwealth to provide debriefs, as requested by the


Commonwealth's Representative.

31. Negotiations

(a) The Consultant must conform to and comply with the requirements of the
negotiation plan and any other related documents provided to the Consultant by
the Commonwealth.

(b) The Consultant will be required to:

(i) draft correspondence outlining the subject matter for negotiations;


and

(ii) prepare for, convene and document the negotiations undertaken.

(c) The Consultant must assist the Commonwealth with the conduct of post tender
negotiations, including negotiation of details for inclusion in the relevant
Project Contract.

32. Preparation of Project Contracts for Execution

32.1 The Consultant must prepare and distribute copies of draft execution documentation to the
Commonwealth's Representative, the Project legal team and the Commonwealth's advisers
for review for the following Project Contracts:

(a) [Commonwealth to insert],

as directed by the Commonwealth's Representative. The Consultant must complete these


Services expeditiously and consistently with all directions of the Commonwealth. The
Consultant must provide for sufficient time for review of the execution documents by the
Commonwealth's Representative and the Commonwealth's advisers.

32.2 The Consultant must issue the execution documents to the Project Contractor for review as
directed by the Commonwealth's Representative and co-ordinate any response.

32.3 The Consultant must arrange for the binding, printing and execution of up to three copies
of each Project Contract and deliver executed copies to the parties as directed by the
Commonwealth's Representative.

33. Role of "Contract Administrator"

(a) The types of Project Contracts used and “Contract Administrator” functions
referred to are described in the most recent versions of the applicable Project
Contract templates on DEQMS.

L\327180550.5 29
(b) This Scope of Services is not intended to be a summary of the role of the
Contract Administrator or the Services required in respect of such role and the
Consultant is directed to those Project Contracts for a comprehensive
understanding of the scope of the role of the Contract Administrator.

(c) The Consultant must perform and discharge the functions imposed upon the
party defined as the "Contract Administrator" or similar under the Project
Contracts.

(d) The Consultant, in discharging this role:

(i) is not authorised to act as a Superintendent, or Independent


Certifier and warrants that it will not act in a manner consistent
with it being a Superintendent or Independent Certifier;

(ii) must actively manage the Project Contracts to maintain adherence


to the scope, budget and program for the Project;

(iii) must proactively identify and propose opportunities to achieve


greater value for money for the Commonwealth and maximum
certainty in respect of scope, budget and program;

(iv) must ensure the Project Contractors discharge their duties and
obligations in accordance with the relevant Project Contracts;

(v) must actively review and assess all notices and "claims" (including
those seeking additional time or cost) submitted by the Project
Contractors for:

A. compliance with the Project Contract;

B. validity;

C. rationale;

D. time and cost implications; and

E. impact on the Commonwealth;

(vi) must not approve, issue any notice under a Project Contract or
communicate (orally or in writing) any additional time or cost (or
other amount) under a Project Contract without seeking the prior
approval of the Commonwealth's Representative. In seeking such
approval, the Consultant must:

A. provide timely, pro-active, useful and appropriate


advice, recommendations and documentation (e.g.
draft notices under the relevant Project Contract,
proposals for overcoming the matter) to the
Commonwealth's Representative; and

B. provide for or arrange for the provision by Project


Contractors of any other information and supporting
documentation required for such approval;

(vii) must regularly and actively manage, monitor, review or revise, as


necessary, information and records, in respect to all work health
and safety issues for all Project Contracts, including ensuring that
Project Contractor is regularly updating their Project Work Health
and Safety Plan and reviewing any updates to Project Contractor
Work Health and Safety Plans and actively and regularly

L\327180550.5 30
monitoring Project Contractor compliance with the Work Health
and Safety Plan; and

(viii) must institute a system to obtain regular written assurances the


Project Contractor, each Other Contractor and any sub-consultant
about their ongoing compliance with WHS Legislation , critically
evaluate any non-compliances with the WHS Legislation identified
in the written assurances and provide these written assurances to
the Commonwealth's Representative with, as necessary, any
recommendation of proposed steps or actions required regarding
any work health and safety non-compliance identified in any
written assurance.

34. Project Contract Training - After Execution of Project Contracts

34.1 The Consultant must prepare for, attend and participate in any "Just in Time" training
provided by the Commonwealth with respect to the Project Contracts. The Consultant
must ensure that the Consultants Representative and all other Consultant personnel
engaged in the Services and the administration or management of the Project Contracts
attend such training.

35. Subcontract Tender Documentation and Approved Subcontract Agreements -


Managing Contractor Contract Projects

35.1 Without limiting any other provision of the Contract, the Consultant must:

(a) undertake a detailed review of all proposed Subcontract Tender Documentation


and Approved Subcontract Agreements prepared and submitted by the Project
Contractor under the Project Contract, including:

(i) all draft subcontract particulars (including the Approved Security,


insurances, liquidated damages, agreed damages etc.);

(ii) all payment terms (including times for submission of payment


claims, times for payment, milestones for payment etc.); and

(iii) any other provision of the proposed Subcontract Tender


Documentation and Approved Subcontract Agreements that may
have a financial impact on the Commonwealth,

to ensure that they:

(iv) comply with:

A. the terms of the Project Contract;

B. all relevant Statutory Requirements; and

C. the Commonwealth's requirements for the Project;

(v) are tailored to the Project's unique risk profile; and

(vi) maximise value for money for the Commonwealth;

(b) advise the Project Contractor in accordance with the Project Contract whether
the proposed Subcontract Tender Documentation or Approved Subcontract
Agreement:

(i) complies with the requirements set out in paragraph (a)(iv) - (a)(vi)
(and accordingly, whether it is approved or not approved by the
Consultant); and

L\327180550.5 31
(ii) if it is not approved, any amendments that the Project Contractor is
required to make to the proposed Subcontract Tender
Documentation or Approved Subcontract Agreement (as the case
may be) to ensure that it complies with the requirements set out in
paragraph (a)(iv) - (a)(vi);

(c) if the Consultant approves a tenderer recommended by the Project Contractor


under the Project Contract:

(i) conduct a detailed review of any amendments proposed by the


Project Contractor to the subcontract contained in the approved
Subcontract Tender Documentation;

(ii) ensure that the Project Contractor promptly enters into a


subcontract with the approved tenderer on the basis of:

A. the subcontract contained in the Subcontract Tender


Documentation approved by the Contract
Administrator under the Project Contract, with only
such amendments as approved by the Consultant in
writing;

B. the subcontract particulars approved by the Consultant;


and

C. the subcontract price approved by the Consultant; and

(iii) ensure that the Project Contractor administers the Approved


Subcontract Agreement in accordance with its approved terms;

(iv) ensure that all payments into the Trust Account are made strictly in
accordance with the Project Contract and Trust Deed;

(v) ensure that all payments out of the Trust Account by the Project
Contractor are made only to Beneficiaries (as defined in the Trust
Deed) and strictly in accordance with the Project Contract and
Trust Deed; and

(vi) ensure that the amounts in the Trust Account are at all times fully
reconciled by the Project Contractor; and

(d) maintain a comprehensive list of all Approved Subcontract Agreements.

36. Preliminary Detailed Business Case (PDBC)

36.1 The purpose of the PDBC is for the Commonwealth to set out the possible benefits and
costs associated with the project in a consistent and logical format and to have developed
those options to ascertain cost confidence to P 70 level to secure Government Approval
(2nd pass approval). The PDBC is only produced for capital equipment projects. The
governing principle for developing the PDBC is to provide maximum transparency to all
stakeholders/sponsors and inclusion of all relevant factors and issues. The outcomes of
Departmental Approval (2nd pass approval) are:

(a) the further development of Project documentation which may include further
design; and

(b) the achievement of further necessary Approvals, including Parliamentary


Approval.

36.2 The Preliminary Detailed Business Case will be authored by [Commonwealth to insert
author].

L\327180550.5 32
36.3 The Consultant will be required to co-ordinate and consolidate relevant and recent
information to support the development of the PDBC (including information provided by
Project Consultants Contractors, stakeholders and sponsors) and do all things necessary to
assist the Commonwealth to prepare a quality PDBC which:

(a) is supported by a logical argument of the options presented;

(b) is free from errors; and

(c) addresses all relevant matters and issues contained in the most recent version of
the PDBC template (or if no format/template is available, the format/template
approved by the Commonwealth's Representative).

36.4 The Consultant will ensure the PDBC details:

(a) updated options analysis (including a “do nothing” option);

(b) updated statement of user requirements (based purely on performance,


including a proposed “threshold” level of performance);

(c) updated risk management strategy and risk plan;

(d) updated project program (including steps to go from PDBC to DBC);

(e) updated proposed governance arrangements that include project management


and project oversight arrangements;

(f) updated detail of pre-second stage activities (including what will be delivered,
including market testing); and

(g) updated cost plan including probabilistic risk components (to P70 confidence
using Monte Carlo simulation).

37. Detailed Business Case

37.1 The purpose of the Detailed Business Case (DBC) is for the Commonwealth to fully
inform the Government of the preferred option to address the objectives of the Project and
to have developed that option to ascertain cost confidence to P80 level to achieve
Government Approval (2nd pass approval). The governing principle for developing the
DBC is to provide maximum transparency to all stakeholders/sponsors and inclusion of all
relevant factors and issues.

37.2 The outcomes of Departmental Approval (2nd pass approval) are:

(a) the further development of Project documentation (including further design);


and

(b) the achievement of further necessary Approvals, including Parliamentary


Approval.

37.3 The Detailed Business Case will be authored by [Commonwealth to insert author].

37.4 The Consultant is required to co-ordinate and consolidate relevant and recent information
to support the development of the DBC (including information provided by Project
Contractors) and do all things necessary to assist the Commonwealth to prepare a quality
DBC which:

(a) is supported by a logical argument of the options presented;

(b) is free from errors; and

L\327180550.5 33
(c) addresses all relevant matters and issues contained in the most recent version of
the DBC template on DEQMS (or if no format/template is available, the
format/template approved by the Commonwealth's Representative).

37.5 The Consultant must ensure the DBC details:

(a) an updated cost benefit analysis (using the information from the cost plan and
whole-of-life estimate at PDBC stage) or financial analysis (as appropriate) of
the available options, and of the base case (“do nothing” option);

(b) a statement of the updated user requirements;

(c) preliminary designs and drawings;

(d) risk management plan and project/whole-of-life risk analysis;

(e) project delivery and procurement strategy;

(f) project program (including relevant Government approvals);

(g) cost plan including probabilistic risk components (to P80 confidence using
Monte Carlo simulation – provided by a certified quantity surveyor);

(h) whole-of-life cost estimate (to P80 confidence using Monte Carlo simulation –
provided by a certified quantity surveyor);

(i) other legislative requirements such as environment and heritage obligations;


and

(j) stakeholder management plans and communications strategy.

38. Assistance with other Departmental and Government Approvals

(a) Where applicable to the Project, the Consultant must provide all reasonable
assistance to the Commonwealth to achieve other relevant Departmental and
Government Approvals of the Project.

(b) This may include:

(i) provision of technical information and input into Ministerial


Advice and/or Representations or other correspondence; and

(ii) attending at relevant briefings to support the Commonwealth to


achieve other Departmental and Government Approvals.

39. Assistance with other Approvals

39.1 Where applicable to the Project, the Consultant must provide all reasonable assistance to
the Commonwealth to achieve other relevant Approvals of the Project. This may include:

(a) provision of technical information and input into Ministerial Advice and/or
Representations or other correspondence; and

(b) attending at relevant briefings to support the Commonwealth to achieve other


Approvals.

L\327180550.5 34
40. Parliamentary Approval

40.1 If applicable to the Project, the Consultant must provide all reasonable assistance to the
Commonwealth to achieve Parliamentary Approval of the Project. This includes assisting
the Commonwealth to prepare for Parliamentary Approval of the Project using the process
described in the CFI Branch Guide on the Parliamentary Standing Committee on Public
Works, as updated from time to time, including:

(a) Preparing, revising and finalising the Draft Statement of Evidence for the
Project;

(b) Preparing, revising and finalising the draft Confidential Cost Estimate and the
Project Risk Register for the Project;

(c) Preparing, revising and finalising the detailed Confidential Cost Estimate for
the Project;

(d) Developing, co-ordinating, revising and finalising the Fact Sheets for the
Project;

(e) Preparing all documentation and participate in all necessary public information
sessions and stakeholder consultation briefings;

(f) Preparing the presentation and participate in Project briefing;

(g) Preparing documentation, coordinate all activities for and participate in any
necessary PWC site inspections;

(h) Developing and preparing the Community Consultation Report and updated
Risk Register no later than 21 days prior to the hearing date;

(i) Preparing, revising and finalising the witness packs including factsheets for all
Defence witnesses and whisperers;

(j) Developing potential questions and responses for red-team session;

(k) Coordinate and prepare factsheets and/or draft up responses to address any
concerns/issues raised in any public submissions [Commonwealth to insert if
necessary];

(l) Preparing (if necessary) the documentation to request approval for concurrent
documentation, including justification on why its required;

(m) Coordinating all technical support material required as evidence for


parliamentary Approval in respect of the Project; and

(n) Drafting, revising and finalising further documentation required to support the
Parliamentary Approval process.

40.2 The Statement of Evidence will be authored by [Commonwealth to insert author]. The
Confidential Cost Estimate and Risk Register will be authored by [Commonwealth to
insert author.]

40.3 The Consultant must attend up to three rehearsals to prepare for the PWC Hearing.

40.4 The Consultant must attend the project briefing, site inspection and PWC public and in-
camera hearings and may be required to give evidence at the PWC hearing. The
Consultant must assume that the PWC hearing will be held at a venue to be arranged by the
PWC Secretariat.

41. Planning Phase Finalisation Report

L\327180550.5 35
41.1 The Consultant must provide the Commonwealth's Representative with a Planning Phase
Finalisation Report summarising the key activities of the Planning Phase.

41.2 The Planning Phase Finalisation Report is to be provided in accordance with the
format/template provided by the Commonwealth (or if no format/template is provided by
the Commonwealth, a format/template approved by the Commonwealth's Representative)
as amended from time to time.

41.3 The Planning Phase Finalisation Report must be provided within 21 days of the conclusion
of the Planning Phase.

42. Transition from Planning Phase to Delivery Phase

42.1 The Consultant is required to provide all necessary support to the Commonwealth in
achieving the transition from the Planning Phase to any Delivery Phase under the following
Project Contracts:

(a) [Commonwealth to insert Project Contracts]

42.2 This includes:

(a) reviewing documentation and proposals for the Delivery Phase under the
Project Contracts and providing advice and recommendations to the
Commonwealth regarding the same;

(b) assisting the Commonwealth to conduct negotiations with the relevant Project
Contractors, including drafting correspondence outlining the subject matter for
negotiations, preparing for, convening and documenting the negotiations
undertaken;

(c) preparing draft execution documentation to the Commonwealth's


Representative and the Commonwealth's advisers for review. The Consultant
must complete these Services expeditiously and consistently with all directions
of the Commonwealth. The Consultant must provide for sufficient time for
review of the draft execution documents by the Commonwealth's
Representative and the Commonwealth's advisers;

(d) reviewing any recommendations and requirements in any of the following:

(i) Departmental Approval (1st and 2nd pass);

(ii) Government Approval (1st and 2nd pass); and

(iii) Parliamentary Approval,

and ensuring that such matters are incorporated into the draft execution
documents for the Delivery Phase;

(e) issuing the execution documents to the Project Contractor for review as
directed by the Commonwealth's Representative and co-ordinating any
response; and

(f) arranging for the binding, printing and execution of up to three copies of each
Project Contract and delivering executed copies to the parties as directed by the
Commonwealth's Representative.

43. Delivery Phase

43.1 The Delivery Phase includes all activities required to be undertaken from the conclusion of
the Planning Phase to achieve Project Finalisation, including the conclusion of the last of
the Defects Liability Periods in relation to the relevant Project Contracts for construction of
the Works.

L\327180550.5 36
44. Delivery Phase Services, generally

44.1 The Delivery Phase includes all activities up to and including Project Finalisation,
including the conclusion of the last of the Defects Liability Periods in relation to the
relevant Project Contracts for construction of the Works.

44.2 In the Delivery Phase, the Consultant must provide general project management and
contract administration services, including:

(a) preparing for, attending and participating in Delivery Phase start-up activities;

(b) preparing for, facilitating, attending, participating in and minuting meetings to


discuss the Project (including Project Governance Board Meetings, Project
Control Group Meetings, Project Management Meetings, Stakeholder
/Sponsor Meetings, other meetings and external consultation);

(c) assisting the Commonwealth to further manage the Project, including through:

(i) risk management;

(ii) lessons learnt; and

(iii) if applicable, program-wide activities;

(d) depending on the Services performed and the outcomes achieved in the
Planning Phase:

(i) performing the role of Contract Administrator of the relevant


Project Contracts described in the Contract Particulars in relation
to Project Contracts which have obligations continuing into a
Delivery Phase but that were awarded by the Commonwealth in the
Planning Phase of the Project; and

(ii) assisting the Commonwealth to undertake and finalise procurement


activities, including:

A. the preparation, amendment and/or confirmation of


procurement planning documentation, including the
PDDP and the TEP;

B. independent environmental and heritage services, cost


planning services and programming services;

C. the development of procurement documentation for


certain Project Contracts (including advertisements,
ITR, Tender Documents and Information Documents);

D. carrying out the role of "ITR Administrator" and


"Tender Administrator" for certain Project Contracts;

E. negotiations (as defined in the planning phase services)


and preparing the Project Contracts for execution by
the parties; and

F. performing the role of "Contract Administrator" for


certain Project Contracts;

(e) preparing for, attending and participating in training programs delivered by the
Commonwealth in respect of certain Project Contracts; and

(f) providing other project management services, including the provision of a


Consultant Monthly Report and a Delivery Phase Finalisation Report.

L\327180550.5 37
(including the provision of advice, recommendations and documents in support
of such matters) as described in [Commonwealth to insert e.g. the Brief/this
Scope of Services].

44.3 In the Delivery Phase, the Consultant must provide all Services on a:

(a) site-specific basis;

(b) location-specific basis;

(c) Works Package basis; or

(d) [Commonwealth to insert] basis.

44.4 At the commencement of the Delivery Phase, the Consultant must review any
recommendations and requirements in any of the following:

(a) Departmental Approval (1st and 2nd pass);

(b) Government Approval (1st and 2nd pass); and

(c) Parliamentary Approval,

and ensure that such matters are addressed by the Project in the Delivery Phase.

45. Delivery Phase Start-Up Activities [Commonwealth to insert if required]

45.1 The Consultant must:

(a) conduct mobilisation activities of their internal resources and systems,


consistent with their quality system and their Services DCAP;

(b) assist the Commonwealth arranging a [Commonwealth to insert the expected


duration] start-up meeting with the Commonwealth's Representative and Other
Contractors nominated by the Commonwealth's Representative. The Consultant
must identify, arrange and confirm the venue as required by the
Commonwealth's Representative and attend, facilitate and participate in the
[Commonwealth to insert the expected duration] start up meeting. The
location of this meeting will be [Commonwealth to insert location];

(c) assist the Commonwealth arranging a [Commonwealth to insert the expected


duration] start-up meeting with the Commonwealth's Representative and
stakeholders/sponsors nominated by the Commonwealth's Representative. The
Consultant must identify, arrange and confirm the venue as required by the
Commonwealth's Representative and attend and participate in the
[Commonwealth to insert the expected duration] start up meeting. The
location of this meeting will be [Commonwealth to insert location];

(d) prepare for and participate in any refinement of the Project DCAP, as directed
by the Commonwealth's Representative;

(e) provide a revised Project DCAP if required by the Commonwealth's


Representative; and

(f) prepare for, attend and participate in all other "start-up activities" (or similar)
identified by the Consultant in their Project DCAP.

45.2 Within 14 days of the commencement of the Delivery Phase, the Consultant must update
and confirm (in consultation with the Commonwealth's Representative) the list of Project
stakeholders/sponsors required to progress the objectives of the Project. This list must
include name, contact details and summary of interest in the Project. The Consultant must
use this list to maintain the Stakeholder Register.

L\327180550.5 38
46. Commissioning Handover and Takeover

46.1 The Consultant must ensure that the requirements for Commissioning Handover and
Takeover (CHOTO) are addressed in the Project Contracts (including relevant Project
Plans produced by the Project Contractors, e.g. Commissioning and Handover Plan) and
that the Project Contractors comply with these requirements.

47. Defects Liability Period

47.1 The Consultant must manage and facilitate the Defects Liability Period in accordance with
the Project Contracts and the requirements at
http://www.defence.gov.au/estatemanagement.

47.2 The Consultant must prepare and maintain a "Defects Liability Period Register" for the
Project in accordance with the format/template provided by the Commonwealth (or if no
format/template is provided by the Commonwealth, a format/template approved by the
Commonwealth's Representative), as amended from time to time and the methodology
provided in its Project DCAP. The Consultant must provide the current Defects Liability
Period Register to the Commonwealth's Representative at least [Commonwealth to insert
- e.g. monthly] during the Defects Liability Periods under the Project Contracts.

47.3 The Consultant must attend the Site at least [Commonwealth to insert e.g. - once per
month] during the Defects Liability Period for the purpose of managing the Defect
Liability Period.

48. Asset Rollout

48.1 The Consultant must assist the Commonwealth to roll out its assets in accordance with the
requirements at http://www.defence.gov.au/estatemanagement. This includes:

(a) at the commencement of the Delivery Phase, preparing a breakdown of costs


(which shows how the Project funding has been spread against those assets) for
all assets to be rolled out and updating this update as the Delivery Phase
progresses within 14 days of the Notice of Completion under the relevant
Project Contract and again within 14 days of the end of each Defects Liability
Period under the Project Contract;

(b) to the extent not provided in accordance with the Project Contract, providing
the Commonwealth with all relevant notices under the Project Contracts (eg
Notice of Completion); and

(c) providing the Commonwealth with any other information required by the
Commonwealth's Representative.

49. Post Occupancy Evaluation

49.1 The Consultant must conduct a post-occupancy evaluation and prepare a report which sets
out the outcomes of such evaluation for inclusion in the Delivery Phase Stage Finalisation
Report. In conducting this evaluation, the Consultant must carry out at least the following
tasks:

(a) co-ordinating stakeholder/sponsor input into performance;

(b) update and finalise the Lessons Learnt Register;

(c) update and finalise the Risk Register;

(d) update the Defects Liability Period Register; and

(e) [Commonwealth to insert any other tasks].

50. Post Implementation Report

L\327180550.5 39
50.1 The Consultant must assist the Commonwealth to prepare a post-implementation report to
be provided to the PWC approximately 3 months after construction completion. In doing
so, the Consultant must carry out (as a minimum) the following tasks:

(a) as necessary, update and finalise the Lessons Learnt Register;

(b) as necessary, update and finalise the Risk Register;

(c) update the Defects Liability Period Register; and

(d) [Commonwealth to insert any other tasks].

51. Delivery Phase Finalisation Report

51.1 The Consultant must provide the Commonwealth's Representative with a Delivery Phase
Finalisation Report summarising the key activities of the Delivery Phase.

51.2 The Delivery Phase Finalisation Report is to be provided in accordance with the
format/template provided by the Commonwealth (or if no format/template is provided by
the Commonwealth, a format/template approved by the Commonwealth's Representative)
as amended from time to time.

51.3 The Delivery Phase Finalisation Report must be provided at the conclusion of the Delivery
Phase.

52. Interpretation

52.1 Unless the context otherwise requires, capitalised terms in the Scope of Services or Brief
will have the meaning given to them by the Defence Infrastructure Panel 2017-2022 Terms
of Engagement, Panel Conditions, Letter of Acceptance, or the meaning given to them by
the Commonwealth as published on the Defence Estate Quality Management System
(DEQMS) website (http://www.defence.gov.au/estatemanagement), from time to time.

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