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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. CUFooterText 1

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Page 1: SCOPE OF SERVICES - PROJECT MANAGEMENT AND …€¦  · Web viewSCOPE OF SERVICES - PROJECT MANAGEMENT AND CONTRACT ADMINISTRATION [NOTE FOR COMMONWEALTH USERS OF THE PANEL ... document

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.

3A. Indigenous Participation Reporting, generally

3A.1 The Consultant must ensure that the Project Contractor complies at all times with the obligations in the Project Contract in relation to the Indigenous Procurement Policy including Indigenous participation reporting via the Powering Indigenous Procurement reporting portal (PIPRP) (as defined in the Project Contract).

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3A.2 Without limiting paragraph 3A.1, the Consultant must:

(a) acquire and maintain a log-in and password for the PIPRP which must be accessible to multiple Consultant personnel for the duration of the Project (including sufficient Consultant personnel to allow for succession planning by the Consultant);

(b) enter all contact information for the Project Contractor into the PIPRP;

(c) ensure that the Project Contractor acquires and maintains a log-in and password for the PIPRP;

(d) manage the quarterly reporting cycle as set out in the PIPRP; and

(e) enter all reporting information as required into the PIPRP.

3A.3 This clause applies during both the Planning Phase and the Delivery Phase.

4. Obligations in Relation to Trust Account Administration for Managing Contractor Contract Projects, generally

4.1 The Consultant must:

(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

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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

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 (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;

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(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 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

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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

(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

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(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].

(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;

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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 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;

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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:

(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;

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(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.

(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;

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(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.

(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

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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;

(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].

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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 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]:

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(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 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.]

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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;

(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.

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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.

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

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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):

(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

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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:

(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].

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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;

(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.

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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.

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

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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:

(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);

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(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

(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;

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(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;

(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);

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(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);

(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

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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.

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

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(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;

(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

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(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;

(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.

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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.

(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

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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 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

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(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 (iv) - (vi) (and accordingly, whether it is approved or not approved by the Consultant); and

(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 (iv) - (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

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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].

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

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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

(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.

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(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.

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;

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(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

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

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(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.

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;

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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. (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

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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.

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.

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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

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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