SPECIAL CONDITIONS
(FOR USE WITH CAS-1 2008 ONLY)
[LAST AMENDED: 10 MAY 2010]
[THE COMMONWEALTH'S REPRESENTATIVE IS TO REVIEW THIS LIST OF POTENTIAL SPECIAL
CONDITIONS AND ADVISE WHICH ONES ARE REQUIRED FOR THE PROJECT. THE
COMMONWEALTH'S REPRESENTATIVE IS ALSO REQUIRED TO IDENTIFY ANY AMENDMENTS TO
THESE SPECIAL CONDITIONS OR ANY ADDITIONAL SPECIAL CONDITIONS WHICH MAY BE
REQUIRED FOR THE PROJECT AND ADVISE THESE TO THE DIRECTORATE OF CONSTRUCTION
CONTRACTS AND THE LEGAL SERVICES PROVIDER (IF ANY)]
[PLEASE REMOVE THIS PAGE PRIOR TO TENDER ISSUE/EXECUTION.]
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
Table of Contents
SPECIAL CONDITIONS ............................................................................................................ 1
1.
SERVICES NOT INCLUDED ...................................................................................... 1
2.
SITE RESTRICTIONS ................................................................................................ 1
3.
SERVICES TO BE CARRIED OUT IN INITIAL PLANNING PHASE,
PLANNING PHASE AND DELIVERY PHASE - LUMP SUM INITIAL
PLANNING PHASE FEE, PLANNING PHASE FEE AND INDICATIVE
DELIVERY PHASE FEE [THREE-PHASES ONLY - IF MORE OR
FEWER OR DIFFERENT PHASES ARE REQUIRED, SEEK ADVICE
FROM DCC] ............................................................................................................... 1
3.1
3.2
3.3
3.4
3.5
Glossary ..................................................................................................................................................... 4
Initial Planning Phase, Planning Phase and Delivery Phase ...................................................................... 5
Transition in and between phases (if any) .................................................................................................. 6
Resources for Delivery Phase .................................................................................................................... 7
Adjustment of Fees .................................................................................................................................... 8
4.
SERVICES TO BE CARRIED OUT IN INITIAL PLANNING PHASE,
PLANNING PHASE AND DELIVERY PHASE - LUMP SUM INITIAL
PLANNING PHASE FEE, PLANNING PHASE FEE AND DELIVERY
PHASE FEE [THREE-PHASES ONLY - IF MORE OR FEWER OR
DIFFERENT PHASES ARE REQUIRED, SEEK ADVICE FROM DCC] ..................... 9
4.1
4.2
4.3
Glossary ................................................................................................................................................... 12
Initial Planning Phase, Planning Phase and Delivery Phase .................................................................... 12
Transition in and between phases (if any) ................................................................................................ 13
5.
SERVICES TO BE CARRIED OUT IN INITIAL PLANNING PHASE,
PLANNING PHASE AND DELIVERY PHASE - LUMP SUM INITIAL
PLANNING PHASE FEE, INDICATIVE PLANNING PHASE FEE AND
INDICATIVE DELIVERY PHASE FEE [THREE-PHASES ONLY - IF
MORE OR FEWER OR DIFFERENT PHASES ARE REQUIRED, SEEK
ADVICE FROM DCC] ............................................................................................... 14
5.1
5.2
5.3
5.4
5.5
5.6
Glossary ................................................................................................................................................... 18
Initial Planning Phase, Planning Phase and Delivery Phase .................................................................... 19
Transition in and between phases (if any) ................................................................................................ 20
Resources for Planning Phase .................................................................................................................. 21
Resources for Delivery Phase .................................................................................................................. 22
Adjustment of Fees .................................................................................................................................. 23
6.
NOTICES OR DOCUMENTS BY ELECTRONIC DOCUMENT
MANAGEMENT SYSTEMS (ACONEX OR EQUIVALENTS) ................................... 24
6.1
6.2
Amendments to clause 13.7 ..................................................................................................................... 24
Amendments to clause 13.8 ..................................................................................................................... 25
7.
RISE AND FALL IN TABLE OF VARIATION RATES AND PRICES ....................... 25
8.
METHOD OF WORKPLAN FOR AIRFIELD ACTIVITIES ........................................ 26
9.
OPERATING AIRFIELD ........................................................................................... 26
10.
NEW SOUTH WALES ONLY ................................................................................... 26
11.
WESTERN AUSTRALIA ONLY................................................................................ 27
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
12.
INTERPRETATION OF THE BRIEF ......................................................................... 27
[PLEASE REMOVE THIS PAGE PRIOR TO TENDER ISSUE/EXECUTION.]
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
SPECIAL CONDITIONS
1.
SERVICES NOT INCLUDED
The following services to be carried out in relation to the Works is not included in the Contract and will be carried
out during the currency of the Contract by the Commonwealth or by other persons (including Other Contractors):
[INSERT DESCRIPTION OF SERVICES NOT WITHIN SCOPE OF CONTRACT ADMINISTRATION
SERVICES.]
2.
SITE RESTRICTIONS
The Site based Services must be executed subject to the following restrictions:
[INSERT DESCRIPTION OF RESTRICTIONS.]
3.
SERVICES TO BE CARRIED OUT IN INITIAL PLANNING PHASE, PLANNING
PHASE AND DELIVERY PHASE - LUMP SUM INITIAL PLANNING PHASE FEE,
PLANNING PHASE FEE AND INDICATIVE DELIVERY PHASE FEE [THREE-
PHASES ONLY - IF MORE OR FEWER OR DIFFERENT PHASES ARE
REQUIRED, SEEK ADVICE FROM DCC]
[Note that the following Item 1 must replace Item 1 of Tender Schedule H -Fee in the Tender Documents as
follows:]
1.
FEE
(a)
Lump Sum
Initial Planning Phase Fee
$ [INSERT] (GST exclusive)
Planning Phase Fee
$ [INSERT] (GST exclusive)
Indicative Delivery Phase Fee
$ [INSERT] (GST exclusive)
FEE
$[INSERT] (GST exclusive)
The Tenderer's attention is drawn to clause 32 of the Tender Conditions and clause 2.10 of the
Conditions of Contract in Part 5. The Tenderer should note that each of the Initial Planning Phase Fee,
Planning Phase Fee and Indicative Delivery Phase Fee should include an adequate allowance for the
Agreed Subconsultant Services (if any) to be carried out by the Agreed Subconsultants set out in the
Tender Particulars.
[DISBURSEMENTS OPTION 1: Included
The Tenderer should also note that each of the Initial Planning Phase Fee, Planning Phase Fee and
Indicative Delivery Phase Fee includes all insurances and other overhead costs and disbursements
(including all transport costs, travel costs, accommodation expenses and meal allowances) in relation to
the Services.
DISBURSEMENT OPTION 2: Some specified disbursements excluded
The Tenderer should also note that each of the Initial Planning Phase Fee, Planning Phase Fee and
Indicative Delivery Phase Fee includes all insurances and other overhead costs and disbursements
(including all transport costs, travel costs, accommodation expenses and meal allowances) in relation to
the Services except to the extent expressly specified below:
[INSERT DESCRIPTION OF DISBURSEMENTS TO BE EXCLUDED]]
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(b)
Breakdown of Lump Sum Initial Planning Phase Fee, Planning Phase Fee and Indicative Delivery
Phase Fee
The Tenderer is requested to provide a detailed breakdown of the way in which each lump sum Initial
Planning Phase Fee, Planning Phase Fee and Indicative Delivery Phase Fee has been calculated, as
follows:
[INSERT TABLE SHOWING BREAKDOWN OF PHASES, ELEMENTS, MILESTONES, PARTS,
DISCIPLINES, AGREED SUBCONSULTANT SERVICES (IF ANY) AND DISBURSEMENTS.]
This breakdown is for tender evaluation purposes and will not limit or affect the scope of the Services
or the Contract in Part 5.
[IF NO BREAKDOWN IS REQUIRED, INSERT "Not Applicable".]
(c)
Indicative Delivery Phase Fee Proposal
In its Indicative Delivery Phase Fee Proposal, the Tenderer should set out the detailed basis (in addition
to the rates and prices in the Table of Variation Rates and Prices referred to below) on which it would
propose any adjustment to the Indicative Delivery Phase Fee. The Tenderer should not provide the
explanation that the Indicative Delivery Phase Fee will be adjusted solely by reference to the value of
the Works in the Delivery Phase.
Further, the Tenderer should submit all assumptions with respect to the Indicative Delivery Phase Fee
(including the scope and duration of the Delivery Phase) and how the Indicative Delivery Phase Fee
might be impacted by changes in those assumptions.
The Tenderer is expected to fully and clearly describe the basis on which it would propose any
adjustment to the Indicative Delivery Phase Fee.
The Tenderer should note that the Commonwealth reserves the right to negotiate the Indicative Delivery
Phase Fee Proposal submitted by the Tenderer with a view to amending the proposed Indicative
Delivery Phase Fee Proposal before the Award Date.
(d)
Proposed progress payments for the Initial Planning Phase Fee, the Planning Phase Fee and the
Indicative Delivery Phase Fee
[IF PAYMENT CLAIMS AND PAYMENTS ARE TO BE BASED ON COMPLETION OF
MILESTONES, INSERT THE FOLLOWING:]
The Tenderer is requested to provide a breakdown of proposed progress payments for each of the Initial
Planning Phase Fee, Planning Phase Fee and Indicative Delivery Phase Fee based on the Milestones set
out in the Conditions of Contract in Part 5 and as follows:
Initial Planning Phase Fee
MILESTONE
AMOUNT
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[TENDERER TO INSERT PROPOSED ADDITIONAL
MILESTONES, IF ANY]
$[INSERT]
INITIAL PLANNING PHASE FEE
$[INSERT] (GST
exclusive)
Planning Phase Fee
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MILESTONE
AMOUNT
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[TENDERER TO INSERT PROPOSED ADDITIONAL
MILESTONES, IF ANY]
$[INSERT]
PLANNING PHASE FEE
$[INSERT] (GST
exclusive)
Indicative Delivery Phase Fee
MILESTONE
AMOUNT
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[TENDERER TO INSERT PROPOSED ADDITIONAL
MILESTONES, IF ANY]
$[INSERT]
INDICATIVE DELIVERY PHASE FEE
$[INSERT] (GST
exclusive)
The Tenderer should note that any proposed additional Milestones should be significant milestones
which represent the completion of a discrete activity and (without limitation) should not be based on
monthly instalments against existing Milestones.
The Tenderer should note that the Commonwealth reserves the right to negotiate the proposed progress
payments for each of the Initial Planning Phase Fee, Planning Phase Fee and Indicative Delivery Phase
Fee and any proposed additional Milestone submitted by the Tenderer with a view to amending the
proposed progress payments for each of the Initial Planning Phase Fee, Planning Phase Fee and
Indicative Delivery Phase Fee and any proposed additional Milestones before entering into any Contract
with the successful Tenderer.
[IF PAYMENT CLAIMS AND PAYMENTS ARE TO BE BASED ON A SPECIFIED DAY OF THE
MONTH, INSERT THE FOLLOWING:]
The Tenderer is requested to provide an anticipated monthly cash flow. This cash flow is for tender
evaluation purposes and will not limit or affect the scope of the Services or the Contract in Part 5.
[NOTE THAT SPECIAL CONDITIONS WILL BE REQUIRED TO ADDRESS ANY "TENDER
OPTIONS" TO BE PRICED (E.G. ADDITIONAL ELEMENTS OF THE SERVICES NOT
INCLUDED IN SERVICES AT THE TIME OF TENDER BUT WHICH MAY BE REQUIRED TO
BE PRICED NOW FOR FURTHER CONSIDERATION BY DEFENCE OR WHEN KEY
DECISIONS REQUIRE A NUMBER OF OPTIONS TO BE PURSUED AND THEN ONE OR TWO
OPTIONS SELECTED).]
[SPECIAL CONDITIONS WILL ALSO BE REQUIRED TO ADDRESS ANY "PROVISIONAL
SUM SERVICES".]
(e)
Table of Variation Rates and Prices
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
The Tenderer's attention is drawn to the definition of "Table of Variation Rates and Prices" in clause 1.1
of the Conditions of Contract in Part 5.
The Tenderer should submit a Table of Variation Rates and Prices for:
(i)
each of the key people which the Tenderer nominates in item 2 and item 3 of Tender
Schedule A - Workload and Proposed Resources; and
(ii)
all other job positions or levels of jobs (other than the key people referred to in
subparagraph (i)) which the Consultant considers may be involved with the carrying out of
the Services.
ITEM
RATE OR PRICE
[TENDERER TO INSERT]
$[INSERT]
[TENDERER TO INSERT]
$[INSERT]
[TENDERER TO INSERT]
$[INSERT]
[TENDERER TO INSERT]
$[INSERT]
[Note that the following Contract Particular must replace the relevant row in Tender Schedule H Miscellaneous Contract Particulars in the Tender Documents as follows:]
Fee:
(Clauses 1.1,
2.10(b)(ii),
2.10(b)(ii)C1),
10.15(b), 13.2(a))
3.1
Initial Planning Phase Fee:
$ ....................................
Planning Phase Fee:
$ ....................................
Indicative Delivery Phase Fee: $ ....................................
Glossary
For the purposes of this Contract:
(a)
"Date for Planning Phase Completion" means [INSERT DATE] or such later date notified in writing
by the Commonwealth's Representative to the Consultant.
(b)
"Delivery Phase" means, subject to various departmental, government and parliamentary approvals for
the Works being obtained in the Initial Planning Phase and the Planning Phase, the phase described in
[INSERT] of the Brief.
(c)
"Delivery Phase Fee" means the Indicative Delivery Phase Fee, as adjusted under clause [INSERT
THIS CLAUSE NUMBER EG. "3"] .5 or otherwise under the Contract.
(d)
"Delivery Phase Services" means the services described or reasonably to be inferred from the Contract
as Delivery Phase Services, including those services described in [INSERT] of the Brief.
(e)
"Indicative Delivery Phase Fee" means the amount in the Contract Particulars under "Indicative
Delivery Phase Fee".
(f)
"Indicative Delivery Phase Fee Proposal" means [INSERT REFERENCE TO RELEVANT
SECTION OF CONSULTANT'S TENDER REGARDING ASSUMPTIONS AS TO DELIVERY
PHASE - LIKELY TO BE IN TENDER SCHEDULE H - AS ACCEPTED BY DEFENCE.
ALTERNATIVELY, THIS COULD BE ATTACHED TO THE SPECIAL CONDITIONS AND
APPROPRIATELY CROSS-REFERENCED HERE.].
(g)
"Initial Planning Phase" means the phase described in [INSERT] of the Brief.
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(h)
"Initial Planning Phase Fee" means the amount in the Contract Particulars under "Initial Planning
Phase Fee", as adjusted under the Contract.
(i)
"Initial Planning Phase Services" means the services described or reasonably to be inferred from the
Contract as Initial Planning Phase Services, including those services described in [INSERT] of the
Brief.
(j)
"Planning Phase" means the phase described in [INSERT] of the Brief.
(k)
"Planning Phase Fee" means the amount in the Contract Particulars under "Planning Phase Fee", as
adjusted under the Contract.
(l)
"Planning Phase Services" means the services described or reasonably to be inferred from the Contract
as Planning Phase Services, including those services described in [INSERT] of the Brief.
In clause 1.1 of the Conditions of Contract, the definition of "Fee" is deleted and replaced as follows:
"Fee
The sum of the Initial Planning Phase Fee, the Planning Phase Fee and the Delivery Phase Fee (as the case may be)."
In the Contract Particulars, the definition of "Fee" in clause 1.1 is deleted and replaced as follows:
Fee:
(Clauses 1.1,
2.10(b)(ii),
2.10(b)(ii)C1),
10.15(b), 13.2(a))
Initial Planning Phase Fee:
$ ....................................
Planning Phase Fee:
$ ....................................
Indicative Delivery Phase Fee: $ ....................................
3.2
Initial Planning Phase, Planning Phase and Delivery Phase
(a)
The Consultant acknowledges and agrees that the Commonwealth has divided the Services into three
distinct phases, being the Initial Planning Phase, the Planning Phase and the Delivery Phase.
(b)
The Consultant acknowledges and agrees that the purpose of this division is to:
(c)
(i)
enable the Commonwealth to ascertain (in its sole and absolute discretion) whether it will
maximise value for money for the Commonwealth by having the Consultant proceed with
the Planning Phase Services or the Delivery Phase Services (as the case may be);
(ii)
allow for various departmental, government and parliamentary approvals required for the
Works; and
(iii)
give the Commonwealth an opportunity to establish whether it is satisfied (in its sole and
absolute discretion) with the performance of the Consultant before proceeding from one
phase to another phase.
The Consultant acknowledges and agrees that as a result of the matters described in paragraph (b):
(i)
there may not be a Planning Phase or a Delivery Phase (as the case may be);
(ii)
even if there is a Planning Phase or a Delivery Phase (as the case may be), the Consultant
may not be engaged to carry out the Planning Phase Services or the Delivery Phase Services
(as the case may be); and
(iii)
there may be periods of inactivity of various durations in and between:
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A.
the Initial Planning Phase and the Planning Phase (if any); and
B.
the Planning Phase (if any) and the Delivery Phase (if any),
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
whether as a result of a delay in any direction under clause [INSERT THIS CLAUSE
NUMBER EG. "3"] .3(a) or (b) or otherwise. Such periods of inactivity will not amount to
a suspension under clause 8.4 of the Conditions of Contract and the Consultant will not be
entitled to make any Claim in respect of such periods of inactivity.
(d)
Notwithstanding paragraph (c)(iii) the Consultant must ensure that, in and between:
(i)
the Initial Planning Phase and the Planning Phase (if any); and
(ii)
the Planning Phase (if any) and the Delivery Phase (if any),
it retains appropriate, suitably qualified personnel available to perform the Services required by the
Commonwealth.
3.3
Transition in and between phases (if any)
(a)
The Commonwealth may (in its sole and absolute discretion) at any time, direct the Consultant to
proceed with the Planning Phase Services or the Delivery Phase Services (as the case may be) by notice
in writing. If the Commonwealth issues a notice under this paragraph (a), the Consultant must
immediately commence to perform the Planning Phase Services or the Delivery Phase Services (as the
case may be).
(b)
The Commonwealth may (in its absolute discretion) at any time direct the Consultant not to proceed
with the Planning Phase Services or the Delivery Phase Services (as the case may be) by notice in
writing.
(c)
The Consultant:
(d)
(e)
(i)
must not commence the Planning Phase Services or the Delivery Phase Services (as the case
may be) unless and until directed to do so by the Commonwealth under paragraph (a); and
(ii)
acknowledges that it has no entitlement to perform the Planning Phase Services or the
Delivery Phase Services (as the case may be) or to the Planning Phase Fee or the Delivery
Phase Fee (as the case may be) unless the Commonwealth issues a notice under
paragraph (a).
If the Commonwealth issues a notice under paragraph (b), the Consultant will:
(i)
have no entitlement to perform the Planning Phase Services or the Delivery Phase Services
(as the case may be);
(ii)
be entitled to payment of the Initial Planning Phase Fee or the Planning Phase Fee (as the
case may be) due and payable for the Initial Planning Phase Services or the Planning Phase
Services (as the case may be) completed in accordance with the Contract before the issue of
the relevant notice; and
(iii)
not be entitled to payment of the Planning Phase Fee or the Delivery Phase Fee (as the case
may be) or any other portion of the Fee or to make any Claim (to the extent permitted by
law) against the Commonwealth arising out of or in any way in connection with the relevant
notice, the Contract or the Services other than for the amount payable under
subparagraph (ii).
If the Commonwealth issues a notice under paragraph (b), the Consultant must:
(i)
immediately hand over to the Commonwealth copies (or, where required by the
Commonwealth's Representative, originals) of all Project Documents prepared by the
Consultant to the date of issue of the relevant notice (whether complete or not) in hard copy
and in an electronic form capable of manipulation by the Commonwealth;
(ii)
immediately take all steps to novate to the Commonwealth any of the subconsultants
required by the Commonwealth's Representative to be novated; and
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(iii)
(f)
(g)
co-operate with the Commonwealth and any third parties required by the Commonwealth's
Representative and take all other steps necessary to ensure that the Commonwealth is able to
re-tender or procure the performance of the Planning Phase Services or the Delivery Phase
Services (as the case may be) under paragraph (f)(i).
If the Commonwealth issues a notice under paragraph (b), the Commonwealth may (in its absolute
discretion):
(i)
re-tender the performance of the Planning Phase Services or the Delivery Phase Services (as
the case may be) (whether with or without obtaining a tender from the Consultant) or
procure the performance of the Planning Phase Services or the Delivery Phase Services (as
the case may be) in any other manner which the Commonwealth may determine; and
(ii)
use the Project Documents for the purpose of re-tendering or procuring the performance of
the Planning Phase Services or the Delivery Phase Services (as the case may be) under
subparagraph (i).
The issue of a notice under paragraph (b) will not:
(i)
limit or affect the Consultant's obligations or liabilities under this Contract nor prejudice the
right of the Commonwealth to exercise any right or remedy (including recovery of damages,
whether while electing to keep the Contract on foot or after termination) which it may have
where the Consultant breaches the Contract, whether under the Contract or otherwise
according to law; or
(ii)
entitle the Consultant to bring a Claim against the Commonwealth.
3.4
Resources for Delivery Phase
(a)
Prior to the Date for Planning Phase Completion, the Consultant must:
(b)
(i)
prepare a resource plan for the Delivery Phase Services; and
(ii)
submit the resource plan to the Commonwealth's Representative for approval.
The resource plan to be prepared under paragraph (a) must:
(i)
identify in detail all Services required for completion of the Works, which a competent and
experienced Consultant would anticipate and provide for in its resource plan for the
Delivery Phase;
(ii)
include a detailed break-up of cost in respect of each part of the Services;
(iii)
be prepared having regard to all relevant considerations including:
(iv)
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A.
the Indicative Delivery Phase Fee Proposal;
B.
the paramount importance to the Commonwealth of balancing between
minimising the cost of the Services and achieving completion of the Works (on
the one hand) and optimising the level of resources provided by the Consultant
for the performance of the Services in the Delivery Phase (on the other hand);
C.
demonstrably maximising value for money for the Commonwealth and
complying with the Commonwealth Procurement Guidelines; and
D.
all other relevant considerations, arising out of or in connection with or
reasonably incidental to or to be inferred from the considerations in
subsubparagraphs A - C, which the Commonwealth's Representative may from
time to time notify to the Consultant in writing;
include the proposed Delivery Phase Fee for the Delivery Phase including a detailed
breakdown of this fee for each part or discipline of the Services including the Agreed
Subconsultant Services (if any) and all disbursements; and
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(v)
(c)
all such other matters as the Commonwealth's Representative may require in writing.
The Consultant must:
(i)
if any resource plan submitted by the Consultant is rejected by the Commonwealth's
Representative (in the Commonwealth's Representative's absolute discretion), submit an
amended resource plan;
(ii)
in the process of preparing the resource plan or an amended resource plan, co-operate with
the Commonwealth, the Commonwealth's Representative and all other people nominated by
the Commonwealth's Representative for the purpose of furthering the considerations
referred to in paragraph (b)(iii); and
(iii)
take all possible steps necessary to ensure that the Delivery Phase Fee does not exceed the
Indicative Delivery Phase Fee, including all such reasonable steps directed by the
Commonwealth's Representative.
(d)
If (in the Commonwealth's Representative's absolute discretion) the resource plan is approved by the
Commonwealth's Representative, then the Commonwealth's Representative will issue a written notice to
the Consultant. For the avoidance of doubt, the approval of any resource plan by the Commonwealth's
Representative under this clause is not to be taken as a direction by the Commonwealth to proceed with
the Delivery Phase Services under clause [INSERT THIS CLAUSE NUMBER EG. "3"]. 3(a).
(e)
If the Consultant does not prepare a resource plan (or a revised resource plan) which is approved by the
Commonwealth's Representative under paragraph (d) before the Date for Planning Phase Completion,
then the Commonwealth may (in its sole and absolute discretion) elect to issue a notice under
clause [INSERT THIS CLAUSE NUMBER EG. "3"] .3(b).
(f)
To assist the Commonwealth's Representative in determining whether or not to approve a resource plan
(or a revised resource plan):
(i)
the Commonwealth's Representative may engage a third party to perform an external audit
of the resource plan; and
(ii)
the Consultant must co-operate with the Commonwealth's Representative and that third
party and provide such other documents and information as the Commonwealth's
Representative may require.
3.5
Adjustment of Fees
(a)
As part of the process of preparing the resource plan for the approval of the Commonwealth's
Representative under clause [INSERT THIS CLAUSE NUMBER EG. "3"] .4, and in any event by no
later than the Date for Planning Phase Completion, the Consultant must undertake genuine and good
faith negotiations with the Commonwealth's Representative to reach agreement (in the Commonwealth's
Representative’s absolute discretion) as to the adjustment (if any) required to the Indicative Delivery
Phase Fee:
(b)
(i)
as a result of any change in scope and cost of and resources required for the Delivery Phase
Services arising out of the Initial Planning Phase or the Planning Phase (as the case may be);
and
(ii)
having regard to the Indicative Delivery Phase Fee Proposal and the Table of Variation
Rates and Prices.
If agreement on all of the matters in paragraph (a) is reached by the Date for Planning Phase
Completion, then:
(i)
the Commonwealth's Representative will prepare written minutes recording the agreement;
and
(ii)
the parties' rights and obligations under this Contract will be subject to the matters agreed,
as recorded in the minutes.
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
For the avoidance of doubt, any agreement under this clause is not to be taken as a direction by the
Commonwealth to proceed with the Delivery Phase Services under clause [INSERT CLAUSE
NUMBER EG."3"]. 3(a).
(c)
If agreement on all the matters in paragraph (a) is not reached by the Date for Planning Phase
Completion, then the Commonwealth may (in its sole and absolute discretion) elect to issue a notice
under clause [INSERT THIS CLAUSE NUMBER EG. "3"] .3(b).
4.
SERVICES TO BE CARRIED OUT IN INITIAL PLANNING PHASE, PLANNING
PHASE AND DELIVERY PHASE - LUMP SUM INITIAL PLANNING PHASE FEE,
PLANNING PHASE FEE AND DELIVERY PHASE FEE [THREE-PHASES ONLY - IF
MORE OR FEWER OR DIFFERENT PHASES ARE REQUIRED, SEEK ADVICE
FROM DCC]
[Note that the following Item 1 must replace Item 1 of Tender Schedule H-Fee in the Tender Documents as
follows:]
1.
FEE
(a)
Lump Sum
Initial Planning Phase Fee
$ [INSERT] (GST exclusive)
Planning Phase Fee
$ [INSERT] (GST exclusive)
Delivery Phase Fee
$ [INSERT] (GST exclusive)
FEE
$[INSERT] (GST exclusive)
The Tenderer's attention is drawn to clause 32 of the Tender Conditions and clause 2.10 of the
Conditions of Contract in Part 5. The Tenderer should note that each of the Initial Planning Phase Fee,
Planning Phase Fee and Delivery Phase Fee should include an adequate allowance for the Agreed
Subconsultant Services (if any) to be carried out by the Agreed Subconsultants set out in the Tender
Particulars.
[DISBURSEMENTS OPTION 1: Included
The Tenderer should also note that each of the Initial Planning Phase Fee, Planning Phase Fee and
Delivery Phase Fee includes all insurances and other overhead costs and disbursements (including all
transport costs, travel costs, accommodation expenses and meal allowances) in relation to the Services.
DISBURSEMENT OPTION 2: Some specified disbursements excluded
The Tenderer should also note that each of the Initial Planning Phase Fee, Planning Phase Fee and
Delivery Phase Fee includes all insurances and other overhead costs and disbursements (including all
transport costs, travel costs, accommodation expenses and meal allowances) in relation to the Services
except to the extent expressly specified below:
[INSERT DESCRIPTION OF DISBURSEMENTS TO BE EXCLUDED]]
(b)
Breakdown of Lump Sum Initial Planning Phase Fee, Planning Phase Fee and Delivery Phase Fee
The Tenderer is requested to provide a detailed breakdown of the way in which each lump sum Initial
Planning Phase Fee, Planning Phase Fee and Delivery Phase Fee has been calculated, as follows:
[INSERT TABLE SHOWING BREAKDOWN OF PHASES, ELEMENTS, MILESTONES, PARTS,
DISCIPLINES, AGREED SUBCONSULTANT SERVICES (IF ANY) AND DISBURSEMENTS.]
This breakdown is for tender evaluation purposes and will not limit or affect the scope of the Services
or the Contract in Part 5.
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
[IF NO BREAKDOWN IS REQUIRED, INSERT "Not Applicable".]
(c)
Proposed progress payments for the Initial Planning Phase Fee, the Planning Phase Fee and the
Phase Fee
[IF PAYMENT CLAIMS AND PAYMENTS ARE TO BE BASED ON COMPLETION OF
MILESTONES, INSERT THE FOLLOWING:]
The Tenderer is requested to provide a breakdown of proposed progress payments for each of the Initial
Planning Phase Fee, Planning Phase Fee and Delivery Phase Fee based on the Milestones set out in the
Conditions of Contract in Part 5 and as follows:
Initial Planning Phase Fee
MILESTONE
AMOUNT
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[TENDERER TO INSERT PROPOSED ADDITIONAL
MILESTONES, IF ANY]
$[INSERT]
INITIAL PLANNING PHASE FEE
$[INSERT] (GST
exclusive)
Planning Phase Fee
MILESTONE
AMOUNT
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[TENDERER TO INSERT PROPOSED ADDITIONAL
MILESTONES, IF ANY]
$[INSERT]
PLANNING PHASE FEE
$[INSERT] (GST
exclusive)
Delivery Phase Fee
MILESTONE
AMOUNT
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[TENDERER TO INSERT PROPOSED ADDITIONAL
MILESTONES, IF ANY]
$[INSERT]
DELIVERY PHASE FEE
Legal\105758334.4
$[INSERT] (GST
10
Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
exclusive)
The Tenderer should note that any proposed additional Milestones should be significant milestones
which represent the completion of a discrete activity and (without limitation) should not be based on
monthly instalments against existing Milestones.
The Tenderer should note that the Commonwealth reserves the right to negotiate the proposed progress
payments for each of the Initial Planning Phase Fee, Planning Phase Fee and Delivery Phase Fee and
any proposed additional Milestone submitted by the Tenderer with a view to amending the proposed
progress payments for each of the Initial Planning Phase Fee, Planning Phase Fee and Delivery Phase
Fee and any proposed additional Milestones before entering into any Contract with the successful
Tenderer.
[IF PAYMENT CLAIMS AND PAYMENTS ARE TO BE BASED ON A SPECIFIED DAY OF THE
MONTH, INSERT THE FOLLOWING:]
The Tenderer is requested to provide an anticipated monthly cash flow. This cash flow is for tender
evaluation purposes and will not limit or affect the scope of the Services or the Contract in Part 5.
[NOTE THAT SPECIAL CONDITIONS WILL BE REQUIRED TO ADDRESS ANY "TENDER
OPTIONS" TO BE PRICED (E.G. ADDITIONAL ELEMENTS OF THE SERVICES NOT
INCLUDED IN SERVICES AT THE TIME OF TENDER BUT WHICH MAY BE REQUIRED TO
BE PRICED NOW FOR FURTHER CONSIDERATION BY DEFENCE OR WHEN KEY
DECISIONS REQUIRE A NUMBER OF OPTIONS TO BE PURSUED AND THEN ONE OR TWO
OPTIONS SELECTED).]
[SPECIAL CONDITIONS WILL ALSO BE REQUIRED TO ADDRESS ANY "PROVISIONAL
SUM SERVICES".]
(d)
Table of Variation Rates and Prices
The Tenderer's attention is drawn to the definition of "Table of Variation Rates and Prices" in clause 1.1
of the Conditions of Contract in Part 5.
The Tenderer should submit a Table of Variation Rates and Prices for:
(i)
each of the key people which the Tenderer nominates in item 2 and item 3 of Tender
Schedule A - Workload and Proposed Resources; and
(ii)
all other job positions or levels of jobs (other than the key people referred to in
subparagraph (i)) which the Consultant considers may be involved with the carrying out of
the Services.
ITEM
RATE OR PRICE
[TENDERER TO INSERT]
$[INSERT]
[TENDERER TO INSERT]
$[INSERT]
[TENDERER TO INSERT]
$[INSERT]
[TENDERER TO INSERT]
$[INSERT]
[Note that the following Contract Particular must replace the relevant row in Tender Schedule H Miscellaneous Contract Particulars in the Tender Documents as follows:]
Fee:
Legal\105758334.4
Initial Planning Phase Fee:
$ ....................................
11
Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(Clauses 1.1,
2.10(b)(ii),
2.10(b)(ii)C1),
10.15(b), 13.2(a))
4.1
Planning Phase Fee:
$ ....................................
Delivery Phase Fee:
$ ....................................
Glossary
For the purposes of this Contract:
(a)
"Delivery Phase" means, subject to various departmental, government and parliamentary approvals for
the Works being obtained in the Initial Planning Phase and the Planning Phase, the phase described in
[INSERT] of the Brief.
(b)
"Delivery Phase Fee" means the amount in the Contract Particulars under "Delivery Phase Fee", as
adjusted under the Contract.
(c)
"Delivery Phase Services" means the services described or reasonably to be inferred from the Contract
as Delivery Phase Services, including those services described in [INSERT] of the Brief.
(d)
"Initial Planning Phase" means the phase described in [INSERT] of the Brief.
(e)
"Initial Planning Phase Fee" means the amount in the Contract Particulars under "Initial Planning
Phase Fee", as adjusted under the Contract.
(f)
"Initial Planning Phase Services" means the services described or reasonably to be inferred from the
Contract as Initial Planning Phase Services, including those services described in [INSERT] of the
Brief.
(g)
"Planning Phase" means the phase described in [INSERT] of the Brief.
(h)
"Planning Phase Fee" means the amount in the Contract Particulars under "Planning Phase Fee", as
adjusted under the Contract.
(i)
"Planning Phase Services" means the services described or reasonably to be inferred from the Contract
as Planning Phase Services, including those services described in [INSERT] of the Brief.
In clause 1.1 of the Conditions of Contract, the definition of "Fee" is deleted and replaced as follows:
"Fee
The sum of the Initial Planning Phase Fee, the Planning Phase Fee and the Delivery Phase Fee (as the case may be)."
In the Contract Particulars, the definition of "Fee" in clause 1.1 is deleted and replaced as follows:
Fee:
(Clauses 1.1,
2.10(b)(ii),
2.10(b)(ii)C1),
10.15(b), 13.2(a))
Initial Planning Phase Fee:
$ ....................................
Planning Phase Fee:
$ ....................................
Delivery Phase Fee:
$ ....................................
4.2
Initial Planning Phase, Planning Phase and Delivery Phase
(a)
The Consultant acknowledges and agrees that the Commonwealth has divided the Services into three
distinct phases, being the Initial Planning Phase, the Planning Phase and the Delivery Phase.
(b)
The Consultant acknowledges and agrees that the purpose of this division is to:
Legal\105758334.4
12
Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(c)
(i)
enable the Commonwealth to ascertain (in its sole and absolute discretion) whether it will
maximise value for money for the Commonwealth by having the Consultant proceed with
the Planning Phase Services or the Delivery Phase Services (as the case may be);
(ii)
allow for various departmental, government and parliamentary approvals required for the
Works; and
(iii)
give the Commonwealth an opportunity to establish whether it is satisfied (in its sole and
absolute discretion) with the performance of the Consultant before proceeding from one
phase to another phase.
The Consultant acknowledges and agrees that as a result of the matters described in paragraph (b):
(i)
there may not be a Planning Phase or a Delivery Phase (as the case may be);
(ii)
even if there is a Planning Phase or a Delivery Phase (as the case may be), the Consultant
may not be engaged to carry out the Planning Phase Services or the Delivery Phase Services
(as the case may be); and
(iii)
there may be periods of inactivity of various durations in and between:
A.
the Initial Planning Phase and the Planning Phase (if any); and
B.
the Planning Phase (if any) and the Delivery Phase (if any),
whether as a result of a delay in any direction under clause [INSERT THIS CLAUSE
NUMBER EG. "4"] .3(a) or (b) or otherwise. Such periods of inactivity will not amount to
a suspension under clause 8.4 of the Conditions of Contract and the Consultant will not be
entitled to make any Claim in respect of such periods of inactivity.
(d)
Notwithstanding paragraph (c)(iii), the Consultant must ensure that, in and between:
(i)
the Initial Planning Phase and the Planning Phase (if any); and
(ii)
the Planning Phase (if any) and the Delivery Phase (if any),
it retains appropriate, suitably qualified personnel available to perform the Services required by the
Commonwealth.
4.3
Transition in and between phases (if any)
(a)
The Commonwealth may (in its sole and absolute discretion) at any time, direct the Consultant to
proceed with the Planning Phase Services or the Delivery Phase Services (as the case may be) by notice
in writing. If the Commonwealth issues a notice under this paragraph (a), the Consultant must
immediately commence to perform the Planning Phase Services or the Delivery Phase Services (as the
case may be).
(b)
The Commonwealth may (in its absolute discretion) at any time direct the Consultant not to proceed
with the Planning Phase Services or the Delivery Phase Services (as the case may be) by notice in
writing.
(c)
The Consultant:
(d)
(i)
must not commence the Planning Phase Services or the Delivery Phase Services (as the case
may be) unless and until directed to do so by the Commonwealth under paragraph (a); and
(ii)
acknowledges that it has no entitlement to perform the Planning Phase Services or the
Delivery Phase Services (as the case may be) or to the Planning Phase Fee or the Delivery
Phase Fee (as the case may be) unless the Commonwealth issues a notice under
paragraph (a).
If the Commonwealth issues a notice under paragraph (b), the Consultant will:
Legal\105758334.4
13
Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(e)
(f)
(g)
5.
(i)
have no entitlement to perform the Planning Phase Services or the Delivery Phase Services
(as the case may be);
(ii)
be entitled to payment of the Initial Planning Phase Fee or the Planning Phase Fee (as the
case may be) due and payable for the Initial Planning Phase Services or the Planning Phase
Services (as the case may be) completed in accordance with the Contract before the issue of
the relevant notice; and
(iii)
not be entitled to payment of the Planning Phase Fee or the Delivery Phase Fee (as the case
may be) or any other portion of the Fee or to make any Claim (to the extent permitted by
law) against the Commonwealth arising out of or in any way in connection with the relevant
notice, the Contract or the Services other than for the amount payable under
subparagraph (ii).
If the Commonwealth issues a notice under paragraph (b), the Consultant must:
(i)
immediately hand over to the Commonwealth copies (or, where required by the
Commonwealth's Representative, originals) of all Project Documents prepared by the
Consultant to the date of issue of the relevant notice (whether complete or not) in hard copy
and in an electronic form capable of manipulation by the Commonwealth;
(ii)
immediately take all steps to novate to the Commonwealth any of the subconsultants
required by the Commonwealth's Representative to be novated; and
(iii)
co-operate with the Commonwealth and any third parties required by the Commonwealth's
Representative and take all other steps necessary to ensure that the Commonwealth is able to
re-tender or procure the performance of the Planning Phase Services or the Delivery Phase
Services (as the case may be) under paragraph (f)(i).
If the Commonwealth issues a notice under paragraph (b), the Commonwealth may (in its absolute
discretion):
(i)
re-tender the performance of the Planning Phase Services or the Delivery Phase Services (as
the case may be) (whether with or without obtaining a tender from the Consultant) or
procure the performance of the Planning Phase Services or the Delivery Phase Services (as
the case may be) in any other manner which the Commonwealth may determine; and
(ii)
use the Project Documents for the purpose of re-tendering or procuring the performance of
the Planning Phase Services or the Delivery Phase Services (as the case may be) under
subparagraph (i).
The issue of a notice under paragraph (b) will not:
(i)
limit or affect the Consultant's obligations or liabilities under this Contract nor prejudice the
right of the Commonwealth to exercise any right or remedy (including recovery of damages,
whether while electing to keep the Contract on foot or after termination) which it may have
where the Consultant breaches the Contract, whether under the Contract or otherwise
according to law; or
(ii)
entitle the Consultant to bring a Claim against the Commonwealth.
SERVICES TO BE CARRIED OUT IN INITIAL PLANNING PHASE, PLANNING
PHASE AND DELIVERY PHASE - LUMP SUM INITIAL PLANNING PHASE FEE,
INDICATIVE PLANNING PHASE FEE AND INDICATIVE DELIVERY PHASE FEE
[THREE-PHASES ONLY - IF MORE OR FEWER OR DIFFERENT PHASES ARE
REQUIRED, SEEK ADVICE FROM DCC]
[Note that the following Item 1 must replace Item 1 of Tender Schedule H -Fee in the Tender Documents as
follows:]
1.
FEE
Legal\105758334.4
14
Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(a)
Lump Sum
Initial Planning Phase Fee
$ [INSERT] (GST exclusive)
Indicative Planning Phase Fee
$ [INSERT] (GST exclusive)
Indicative Delivery Phase Fee
$ [INSERT] (GST exclusive)
FEE
$[INSERT] (GST exclusive)
The Tenderer's attention is drawn to clause 32 of the Tender Conditions and clause 2.10 of the
Conditions of Contract in Part 5. The Tenderer should note that each of the Initial Planning Phase Fee,
Indicative Planning Phase Fee and Indicative Delivery Phase Fee should include an adequate allowance
for the Agreed Subconsultant Services (if any) to be carried out by the Agreed Subconsultants set out in
the Tender Particulars.
[DISBURSEMENTS OPTION 1: Included
The Tenderer should also note that each of the Initial Planning Phase Fee, Indicative Planning Phase Fee
and Indicative Delivery Phase Fee includes all insurances and other overhead costs and disbursements
(including all transport costs, travel costs, accommodation expenses and meal allowances) in relation to
the Services.
DISBURSEMENT OPTION 2: Some specified disbursements excluded
The Tenderer should also note that each of the Initial Planning Phase Fee, Indicative Planning Phase Fee
and Indicative Delivery Phase Fee includes all insurances and other overhead costs and disbursements
(including all transport costs, travel costs, accommodation expenses and meal allowances) in relation to
the Services except to the extent expressly specified below:
[INSERT DESCRIPTION OF DISBURSEMENTS TO BE EXCLUDED]]
(b)
Breakdown of Lump Sum Initial Planning Phase Fee, Indicative Planning Phase Fee and
Indicative Delivery Phase Fee
The Tenderer is requested to provide a detailed breakdown of the way in which each lump sum Initial
Planning Phase Fee, Indicative Planning Phase Fee and Indicative Delivery Phase Fee has been
calculated, as follows:
[INSERT TABLE SHOWING BREAKDOWN OF PHASES, ELEMENTS, MILESTONES, PARTS,
DISCIPLINES, AGREED SUBCONSULTANT SERVICES (IF ANY) AND DISBURSEMENTS.]
This breakdown is for tender evaluation purposes and will not limit or affect the scope of the Services
or the Contract in Part 5.
[IF NO BREAKDOWN IS REQUIRED, INSERT "Not Applicable".]
(c)
Indicative Planning Phase Fee Proposal and Indicative Delivery Phase Fee Proposal
In its Indicative Planning Phase Fee Proposal, the Tenderer should set out the detailed basis (in addition
to the rates and prices in the Table of Variation Rates and Prices referred to below) on which it would
propose any adjustment to the Indicative Planning Phase Fee.
In its Indicative Delivery Phase Fee Proposal, the Tenderer should set out the detailed basis (in addition
to the rates and prices in the Table of Variation Rates and Prices referred to below) on which it would
propose any adjustment to the Indicative Delivery Phase Fee.
The Tenderer should not provide the explanation that the Indicative Planning Phase Fee or the Indicative
Delivery Phase Fee will be adjusted solely by reference to the value of the Works in the Planning Phase
or the Delivery Phase.
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
Further, the Tenderer should submit all assumptions with respect to the Indicative Planning Phase Fee
and the Indicative Delivery Phase Fee (including the scope and duration of the Planning Phase and the
Delivery Phase) and how the Indicative Planning Phase Fee and the Indicative Delivery Phase Fee might
be impacted by changes in those assumptions.
The Tenderer is expected to fully and clearly describe the basis on which it would propose any
adjustment to the Indicative Planning Phase Fee and the Indicative Delivery Phase Fee.
The Tenderer should note that the Commonwealth reserves the right to negotiate the Indicative Planning
Phase Fee Proposal and the Indicative Delivery Phase Fee Proposal submitted by the Tenderer with a
view to amending the proposed Indicative Planning Phase Fee Proposal and the Indicative Delivery
Phase Fee Proposal before the Award Date.
(d)
Proposed progress payments for the Initial Planning Phase Fee, the Indicative Planning Phase Fee
and the Indicative Delivery Phase Fee
[IF PAYMENT CLAIMS AND PAYMENTS ARE TO BE BASED ON COMPLETION OF
MILESTONES, INSERT THE FOLLOWING:]
The Tenderer is requested to provide a breakdown of proposed progress payments for each of the Initial
Planning Phase Fee, Indicative Planning Phase Fee and Indicative Delivery Phase Fee based on the
Milestones set out in the Conditions of Contract in Part 5 and as follows:
Initial Planning Phase Fee
MILESTONE
AMOUNT
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[TENDERER TO INSERT PROPOSED ADDITIONAL
MILESTONES, IF ANY]
$[INSERT]
INITIAL PLANNING PHASE FEE
$[INSERT] (GST
exclusive)
Indicative Planning Phase Fee
MILESTONE
AMOUNT
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[TENDERER TO INSERT PROPOSED ADDITIONAL
MILESTONES, IF ANY]
$[INSERT]
INDICATIVE PLANNING PHASE FEE
$[INSERT] (GST
exclusive)
Indicative Delivery Phase Fee
MILESTONE
Legal\105758334.4
AMOUNT
16
Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[INSERT MILESTONES FROM CONTRACT
PARTICULARS]
$[INSERT]
[TENDERER TO INSERT PROPOSED ADDITIONAL
MILESTONES, IF ANY]
$[INSERT]
INDICATIVE DELIVERY PHASE FEE
$[INSERT] (GST
exclusive)
The Tenderer should note that any proposed additional Milestones should be significant milestones
which represent the completion of a discrete activity and (without limitation) should not be based on
monthly instalments against existing Milestones.
The Tenderer should note that the Commonwealth reserves the right to negotiate the proposed progress
payments for each of the Initial Planning Phase Fee, Indicative Planning Phase Fee and Indicative
Delivery Phase Fee and any proposed additional Milestone submitted by the Tenderer with a view to
amending the proposed progress payments for each of the Initial Planning Phase Fee, Indicative
Planning Phase Fee and Indicative Delivery Phase Fee and any proposed additional Milestones before
entering into any Contract with the successful Tenderer.
[IF PAYMENT CLAIMS AND PAYMENTS ARE TO BE BASED ON A SPECIFIED DAY OF THE
MONTH, INSERT THE FOLLOWING:]
The Tenderer is requested to provide an anticipated monthly cash flow. This cash flow is for tender
evaluation purposes and will not limit or affect the scope of the Services or the Contract in Part 5.
[NOTE THAT SPECIAL CONDITIONS WILL BE REQUIRED TO ADDRESS ANY "TENDER
OPTIONS" TO BE PRICED (E.G. ADDITIONAL ELEMENTS OF THE SERVICES NOT
INCLUDED IN SERVICES AT THE TIME OF TENDER BUT WHICH MAY BE REQUIRED TO
BE PRICED NOW FOR FURTHER CONSIDERATION BY DEFENCE OR WHEN KEY
DECISIONS REQUIRE A NUMBER OF OPTIONS TO BE PURSUED AND THEN ONE OR TWO
OPTIONS SELECTED).]
[SPECIAL CONDITIONS WILL ALSO BE REQUIRED TO ADDRESS ANY "PROVISIONAL
SUM SERVICES".]
(e)
Table of Variation Rates and Prices
The Tenderer's attention is drawn to the definition of "Table of Variation Rates and Prices" in clause 1.1
of the Conditions of Contract in Part 5.
The Tenderer should submit a Table of Variation Rates and Prices for:
(i)
each of the key people which the Tenderer nominates in item 2 and item 3 of Tender
Schedule A - Workload and Proposed Resources; and
(ii)
all other job positions or levels of jobs (other than the key people referred to in
subparagraph (i)) which the Consultant considers may be involved with the carrying out of
the Services.
ITEM
RATE OR PRICE
[TENDERER TO INSERT]
$[INSERT]
[TENDERER TO INSERT]
$[INSERT]
Legal\105758334.4
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
[TENDERER TO INSERT]
$[INSERT]
[TENDERER TO INSERT]
$[INSERT]
[Note that the following Contract Particular must replace the relevant row in Tender Schedule H Miscellaneous Contract Particulars in the Tender Documents as follows:]
Fee:
(Clauses 1.1,
2.10(b)(ii),
2.10(b)(ii)C1),
10.15(b), 13.2(a))
5.1
Initial Planning Phase Fee:
$ ....................................
Indicative Planning Phase Fee: $ ....................................
Indicative Delivery Phase Fee: $ ....................................
Glossary
For the purposes of this Contract:
(a)
"Date for Initial Planning Phase Completion" means [INSERT DATE] or such later date notified in
writing by the Commonwealth's Representative to the Consultant.
(b)
"Date for Planning Phase Completion" means [INSERT DATE] or such later date notified in writing
by the Commonwealth's Representative to the Consultant.
(c)
"Delivery Phase" means, subject to various departmental, government and parliamentary approvals for
the Works being obtained in the Initial Planning Phase and the Planning Phase, the phase described in
[INSERT] of the Brief.
(d)
"Delivery Phase Fee" means the Indicative Delivery Phase Fee, as adjusted under clause [INSERT
THIS CLAUSE NUMBER EG. "3"] .6 or otherwise under the Contract.
(e)
"Delivery Phase Services" means the services described or reasonably to be inferred from the Contract
as Delivery Phase Services, including those services described in [INSERT] of the Brief.
(f)
"Indicative Delivery Phase Fee" means the amount in the Contract Particulars under "Indicative
Delivery Phase Fee".
(g)
"Indicative Delivery Phase Fee Proposal" means [INSERT REFERENCE TO RELEVANT
SECTION OF CONSULTANT'S TENDER REGARDING ASSUMPTIONS AS TO DELIVERY
PHASE - LIKELY TO BE IN TENDER SCHEDULE H - AS ACCEPTED BY DEFENCE.
ALTERNATIVELY, THIS COULD BE ATTACHED TO THE SPECIAL CONDITIONS AND
APPROPRIATELY CROSS-REFERENCED HERE.].
(h)
"Indicative Planning Phase Fee" means the amount in the Contract Particulars under "Indicative
Planning Phase Fee", as adjusted under the Contract.
(i)
"Indicative Planning Phase Fee Proposal" means [INSERT REFERENCE TO RELEVANT
SECTION OF CONSULTANT'S TENDER REGARDING ASSUMPTIONS AS TO PLANNING
PHASE - LIKELY TO BE IN TENDER SCHEDULE H - AS ACCEPTED BY DEFENCE.
ALTERNATIVELY, THIS COULD BE ATTACHED TO THE SPECIAL CONDITIONS AND
APPROPRIATELY CROSS-REFERENCED HERE.].
(j)
"Initial Planning Phase" means the phase described in [INSERT] of the Brief.
(k)
"Initial Planning Phase Services" means the services described or reasonably to be inferred from the
Contract as Initial Planning Phase Services, including those services described in [INSERT] of the
Brief.
(l)
"Planning Phase" means the phase described in [INSERT] of the Brief.
Legal\105758334.4
18
Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(m)
"Planning Phase Fee" means the Indicative Planning Phase Fee, as adjusted under clause [INSERT
THIS CLAUSE NUMBER EG. "3"] .6 or otherwise under the Contract.
(n)
"Planning Phase Services" means the services described or reasonably to be inferred from the Contract
as Planning Phase Services, including those services described in [INSERT] of the Brief.
In clause 1.1 of the Conditions of Contract, the definition of "Fee" is deleted and replaced as follows:
"Fee
The sum of the Initial Planning Phase Fee, the Indicative Planning Phase Fee and the Delivery Phase Fee (as the
case may be)."
In the Contract Particulars, the definition of "Fee" in clause 1.1 is deleted and replaced as follows:
Fee:
(Clauses 1.1,
2.10(b)(ii),
2.10(b)(ii)C1),
10.15(b), 13.2(a))
Initial Planning Phase Fee:
$ ....................................
Indicative Planning Phase Fee: $ ....................................
Indicative Delivery Phase Fee: $ ....................................
5.2
Initial Planning Phase, Planning Phase and Delivery Phase
(a)
The Consultant acknowledges and agrees that the Commonwealth has divided the Services into three
distinct phases, being the Initial Planning Phase, the Planning Phase and the Delivery Phase.
(b)
The Consultant acknowledges and agrees that the purpose of this division is to:
(c)
(i)
enable the Commonwealth to ascertain (in its sole and absolute discretion) whether it will
maximise value for money for the Commonwealth by having the Consultant proceed with
the Planning Phase Services or the Delivery Phase Services (as the case may be);
(ii)
allow for various departmental, government and parliamentary approvals required for the
Works; and
(iii)
give the Commonwealth an opportunity to establish whether it is satisfied (in its sole and
absolute discretion) with the performance of the Consultant before proceeding from one
phase to another phase.
The Consultant acknowledges and agrees that as a result of the matters described in paragraph (b):
(i)
there may not be a Planning Phase or a Delivery Phase (as the case may be);
(ii)
even if there is a Planning Phase or a Delivery Phase (as the case may be), the Consultant
may not be engaged to carry out the Planning Phase Services or the Delivery Phase Services
(as the case may be); and
(iii)
there may be periods of inactivity of various durations in and between:
A.
the Initial Planning Phase and the Planning Phase (if any); and
B.
the Planning Phase (if any) and the Delivery Phase (if any),
whether as a result of a delay in any direction under clause [INSERT THIS CLAUSE
NUMBER EG. "5"] .3(a) or (b) or otherwise. Such periods of inactivity will not amount to
a suspension under clause 8.4 of the Conditions of Contract and the Consultant will not be
entitled to make any Claim in respect of such periods of inactivity.
(d)
Notwithstanding paragraph (c)(iii) the Consultant must ensure that, in and between:
(i)
Legal\105758334.4
the Initial Planning Phase and the Planning Phase (if any); and
19
Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(ii)
the Planning Phase (if any) and the Delivery Phase (if any),
it retains appropriate, suitably qualified personnel available to perform the Services required by the
Commonwealth.
5.3
Transition in and between phases (if any)
(a)
The Commonwealth may (in its sole and absolute discretion) at any time, direct the Consultant to
proceed with the Planning Phase Services or the Delivery Phase Services (as the case may be) by notice
in writing. If the Commonwealth issues a notice under this paragraph (a), the Consultant must
immediately commence to perform the Planning Phase Services or the Delivery Phase Services (as the
case may be).
(b)
The Commonwealth may (in its absolute discretion) at any time direct the Consultant not to proceed
with the Planning Phase Services or the Delivery Phase Services (as the case may be) by notice in
writing.
(c)
The Consultant:
(d)
(e)
(f)
(i)
must not commence the Planning Phase Services or the Delivery Phase Services (as the case
may be) unless and until directed to do so by the Commonwealth under paragraph (a); and
(ii)
acknowledges that it has no entitlement to perform the Planning Phase Services or the
Delivery Phase Services (as the case may be) or to the Planning Phase Fee or the Delivery
Phase Fee (as the case may be) unless the Commonwealth issues a notice under
paragraph (a).
If the Commonwealth issues a notice under paragraph (b), the Consultant will:
(i)
have no entitlement to perform the Planning Phase Services or the Delivery Phase Services
(as the case may be);
(ii)
be entitled to payment of the Initial Planning Phase Fee or the Planning Phase Fee (as the
case may be) due and payable for the Initial Planning Phase Services or the Planning Phase
Services (as the case may be) completed in accordance with the Contract before the issue of
the relevant notice; and
(iii)
not be entitled to payment of the Planning Phase Fee or the Delivery Phase Fee (as the case
may be) or any other portion of the Fee or to make any Claim (to the extent permitted by
law) against the Commonwealth arising out of or in any way in connection with the relevant
notice, the Contract or the Services other than for the amount payable under
subparagraph (ii).
If the Commonwealth issues a notice under paragraph (b), the Consultant must:
(i)
immediately hand over to the Commonwealth copies (or, where required by the
Commonwealth's Representative, originals) of all Project Documents prepared by the
Consultant to the date of issue of the relevant notice (whether complete or not) in hard copy
and in an electronic form capable of manipulation by the Commonwealth;
(ii)
immediately take all steps to novate to the Commonwealth any of the subconsultants
required by the Commonwealth's Representative to be novated; and
(iii)
co-operate with the Commonwealth and any third parties required by the Commonwealth's
Representative and take all other steps necessary to ensure that the Commonwealth is able to
re-tender or procure the performance of the Planning Phase Services or the Delivery Phase
Services (as the case may be) under paragraph (f)(i).
If the Commonwealth issues a notice under paragraph (b), the Commonwealth may (in its absolute
discretion):
(i)
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re-tender the performance of the Planning Phase Services or the Delivery Phase Services (as
the case may be) (whether with or without obtaining a tender from the Consultant) or
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
procure the performance of the Planning Phase Services or the Delivery Phase Services (as
the case may be) in any other manner which the Commonwealth may determine; and
(ii)
(g)
use the Project Documents for the purpose of re-tendering or procuring the performance of
the Planning Phase Services or the Delivery Phase Services (as the case may be) under
subparagraph (i).
The issue of a notice under paragraph (b) will not:
(i)
limit or affect the Consultant's obligations or liabilities under this Contract nor prejudice the
right of the Commonwealth to exercise any right or remedy (including recovery of damages,
whether while electing to keep the Contract on foot or after termination) which it may have
where the Consultant breaches the Contract, whether under the Contract or otherwise
according to law; or
(ii)
entitle the Consultant to bring a Claim against the Commonwealth.
5.4
Resources for Planning Phase
(a)
Prior to the Date for Initial Planning Phase Completion, the Consultant must:
(b)
(c)
(i)
prepare a resource plan for the Planning Phase Services; and
(ii)
submit the resource plan to the Commonwealth's Representative for approval.
The resource plan to be prepared under paragraph (a) must:
(i)
identify in detail all Services required for completion of the Works, which a competent and
experienced Consultant would anticipate and provide for in its resource plan for the
Planning Phase;
(ii)
include a detailed break-up of cost in respect of each part of the Services;
(iii)
be prepared having regard to all relevant considerations including:
A.
the Indicative Planning Phase Fee Proposal;
B.
the paramount importance to the Commonwealth of balancing between
minimising the cost of the Services and achieving completion of the Works (on
the one hand) and optimising the level of resources provided by the Consultant
for the performance of the Services in the Planning Phase (on the other hand);
C.
demonstrably maximising value for money for the Commonwealth and
complying with the Commonwealth Procurement Guidelines; and
D.
all other relevant considerations, arising out of or in connection with or
reasonably incidental to or to be inferred from the considerations in
subsubparagraphs A - C, which the Commonwealth's Representative may from
time to time notify to the Consultant in writing;
(iv)
include the proposed Planning Phase Fee for the Planning Phase including a detailed
breakdown of this fee for each part or discipline of the Services including the Agreed
Subconsultant Services (if any) and all disbursements; and
(v)
all such other matters as the Commonwealth's Representative may require in writing.
The Consultant must:
(i)
if any resource plan submitted by the Consultant is rejected by the Commonwealth's
Representative (in the Commonwealth's Representative's absolute discretion), submit an
amended resource plan;
(ii)
in the process of preparing the resource plan or an amended resource plan, co-operate with
the Commonwealth, the Commonwealth's Representative and all other people nominated by
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
the Commonwealth's Representative for the purpose of furthering the considerations
referred to in paragraph (b)(iii); and
(iii)
take all possible steps necessary to ensure that the Planning Phase Fee does not exceed the
Indicative Planning Phase Fee, including all such reasonable steps directed by the
Commonwealth's Representative.
(d)
If (in the Commonwealth's Representative's absolute discretion) the resource plan is approved by the
Commonwealth's Representative, then the Commonwealth's Representative will issue a written notice to
the Consultant. For the avoidance of doubt, the approval of any resource plan by the Commonwealth's
Representative under this clause is not to be taken as a direction by the Commonwealth to proceed with
the Planning Phase Services under clause [INSERT THIS CLAUSE NUMBER EG. "5"]. 3(a).
(e)
If the Consultant does not prepare a resource plan (or a revised resource plan) which is approved by the
Commonwealth's Representative under paragraph (d) before the Date for Initial Planning Phase
Completion, then the Commonwealth may (in its sole and absolute discretion) elect to issue a notice
under clause [INSERT THIS CLAUSE NUMBER EG. "5"] .3(b).
(f)
To assist the Commonwealth's Representative in determining whether or not to approve a resource plan
(or a revised resource plan):
(i)
the Commonwealth's Representative may engage a third party to perform an external audit
of the resource plan; and
(ii)
the Consultant must co-operate with the Commonwealth's Representative and that third
party and provide such other documents and information as the Commonwealth's
Representative may require.
5.5
Resources for Delivery Phase
(a)
Prior to the Date for Planning Phase Completion, the Consultant must:
(b)
(i)
prepare a resource plan for the Delivery Phase Services; and
(ii)
submit the resource plan to the Commonwealth's Representative for approval.
The resource plan to be prepared under paragraph (a) must:
(i)
identify in detail all Services required for completion of the Works, which a competent and
experienced Consultant would anticipate and provide for in its resource plan for the
Delivery Phase;
(ii)
include a detailed break-up of cost in respect of each part of the Services;
(iii)
be prepared having regard to all relevant considerations including:
Legal\105758334.4
A.
the Indicative Delivery Phase Fee Proposal;
B.
the paramount importance to the Commonwealth of balancing between
minimising the cost of the Services and achieving completion of the Works (on
the one hand) and optimising the level of resources provided by the Consultant
for the performance of the Services in the Delivery Phase (on the other hand);
C.
demonstrably maximising value for money for the Commonwealth and
complying with the Commonwealth Procurement Guidelines; and
D.
all other relevant considerations, arising out of or in connection with or
reasonably incidental to or to be inferred from the considerations in
subsubparagraphs A - C, which the Commonwealth's Representative may from
time to time notify to the Consultant in writing;
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(c)
(iv)
include the proposed Delivery Phase Fee for the Delivery Phase including a detailed
breakdown of this fee for each part or discipline of the Services including the Agreed
Subconsultant Services (if any) and all disbursements; and
(v)
all such other matters as the Commonwealth's Representative may require in writing.
The Consultant must:
(i)
if any resource plan submitted by the Consultant is rejected by the Commonwealth's
Representative (in the Commonwealth's Representative's absolute discretion), submit an
amended resource plan;
(ii)
in the process of preparing the resource plan or an amended resource plan, co-operate with
the Commonwealth, the Commonwealth's Representative and all other people nominated by
the Commonwealth's Representative for the purpose of furthering the considerations
referred to in paragraph (b)(iii); and
(iii)
take all possible steps necessary to ensure that the Delivery Phase Fee does not exceed the
Indicative Delivery Phase Fee, including all such reasonable steps directed by the
Commonwealth's Representative.
(d)
If (in the Commonwealth's Representative's absolute discretion) the resource plan is approved by the
Commonwealth's Representative, then the Commonwealth's Representative will issue a written notice to
the Consultant. For the avoidance of doubt, the approval of any resource plan by the Commonwealth's
Representative under this clause is not to be taken as a direction by the Commonwealth to proceed with
the Delivery Phase Services under clause [INSERT THIS CLAUSE NUMBER EG. "5"]. 3(a).
(e)
If the Consultant does not prepare a resource plan (or a revised resource plan) which is approved by the
Commonwealth's Representative under paragraph (d) before the Date for Planning Phase Completion,
then the Commonwealth may (in its sole and absolute discretion) elect to issue a notice under
clause [INSERT THIS CLAUSE NUMBER EG. "5"] .3(b).
(f)
To assist the Commonwealth's Representative in determining whether or not to approve a resource plan
(or a revised resource plan):
(i)
the Commonwealth's Representative may engage a third party to perform an external audit
of the resource plan; and
(ii)
the Consultant must co-operate with the Commonwealth's Representative and that third
party and provide such other documents and information as the Commonwealth's
Representative may require.
5.6
Adjustment of Fees
(a)
As part of the process of preparing the resource plan for the approval of the Commonwealth's
Representative under clause [INSERT THIS CLAUSE NUMBER EG. "5"] .4 or [INSERT THIS
CLAUSE NUMBER EG. "5"] .5 (as the case may be) and in any event by no later than the Date for
Initial Planning Phase Completion or the Date for Planning Phase Completion (as the case may be), the
Consultant must undertake genuine and good faith negotiations with the Commonwealth's
Representative to reach agreement (in the Commonwealth's Representative’s absolute discretion) as to
the adjustment (if any) required to the Indicative Planning Phase Fee or the Indicative Delivery Phase
Fee (as the case may be):
(i)
as a result of any change in scope and cost of and resources required for the Planning Phase
Services arising out of the Initial Planning Phase; or
(ii)
as a result of any change in scope and cost of and resources required for the Delivery Phase
Services arising out of the Initial Planning Phase or the Planning Phase; and
(iii)
having regard to:
A.
Legal\105758334.4
the Indicative Planning Phase Fee Proposal; or
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
B.
the Indicative Delivery Phase Fee Proposal,
(as the case may be) and the Table of Variation Rates and Prices.
(b)
If agreement on all of the matters in paragraph (a) is reached by the:
(i)
Date for Initial Planning Phase Completion; or
(ii)
Date for Planning Phase Completion,
(as the case may be) then:
(iii)
the Commonwealth's Representative will prepare written minutes recording the agreement;
and
(iv)
the parties' rights and obligations under this Contract will be subject to the matters agreed,
as recorded in the minutes.
For the avoidance of doubt, any agreement under this clause is not to be taken as a direction by the
Commonwealth to proceed with the Planning Phase Services or the Delivery Phase Services (as the case
may be) under clause [INSERT CLAUSE NUMBER EG."5"]. 3(a).
(c)
If agreement on all the matters in paragraph (a) is not reached by the:
(i)
Date for Initial Planning Phase Completion; or
(ii)
Date for Planning Phase Completion,
(as the case may be) then the Commonwealth may (in its sole and absolute discretion) elect to issue a
notice under clause [INSERT THIS CLAUSE NUMBER EG. "5"] .3(b).
6.
NOTICES OR DOCUMENTS BY ELECTRONIC DOCUMENT MANAGEMENT
SYSTEMS (ACONEX OR EQUIVALENTS)
6.1
Amendments to clause 13.7
Clause 13.7 of the Conditions of Contract is amended so that it reads as follows:
13.7
Address for Service
Any notice or other document to be given or served under or arising out of a provision of this Contract must:
(a)
be in writing;
(b)
subject to paragraph (d), in the case of notices or documents to the Commonwealth's Representative or
the Commonwealth, be sent to the Aconex (or equivalent) address of the Commonwealth's
Representative;
(c)
in the case of notices or documents to the Consultant, to be sent to the Aconex (or equivalent) address of
the Consultant;
(d)
in respect of a notice or document by the Consultant under clauses 2.6, 2.9, 2.12, 2.13, 3.2, 5.1, 5.4,
6.11, 6.13, 8.4, 9.1, 10.2, 10.7, 10.14, 11, 12, 13.1, 13.2, 13.3, 13.4, 15.3 and 16.3 of the Conditions of
Contract, in addition to the Aconex (or equivalent) copy delivered under paragraph (b), must be:
(i)
also delivered by hand, sent by prepaid post or sent by fax, as the case may be, to the
relevant address or fax number:
A.
stated in the Contract Particulars; or
B.
last notified in writing to the party giving or serving the notice or other
document,
for the party to whom or upon which the notice or document is to be given or served; and
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(ii)
signed by the party giving or serving the notice or document or (on the party's behalf) by the
solicitor for or attorney, director, secretary or authorised agent of the party giving or serving
the notice or document.
For the avoidance of doubt, no notice or other document by the Consultant under clauses 2.6, 2.9, 2.12,
2.13, 3.2, 5.1, 5.4, 6.11, 6.13, 8.4, 9.1, 10.2, 10.7, 10.14, 11, 12, 13.1, 13.2, 13.3, 13.4, 15.3 and 16.3 of
the Conditions of Contract shall be effective unless also delivered by hand, sent by prepaid post or sent
by fax in accordance with paragraph (d).
6.2
Amendments to clause 13.8
Clause 13.8 of the Conditions of Contract is amended so that it reads as follows:
13.8
Receipt of Notices
A notice or document given or served in accordance with clause 13.7 of the Conditions of Contract is taken to be
received by the party to whom or upon whom the notice or document is given or served in the case of:
(a)
delivery by Aconex (or equivalent):
(i)
subject to subparagraph (ii), on the date recorded on the notice or document on which it was
registered on Aconex (or equivalent);or
(ii)
where clause 13.7(d) of the Conditions of Contract applies, the date determined in
accordance with paragraphs (b), (c), (d) or (e) (as the case may be);
(b)
delivery by hand, on delivery;
(c)
prepaid post sent to an address in the same country, on the third day after the date of posting;
(d)
prepaid post sent to an address in another country, on the fifth day after the date of posting; and
(e)
fax, at the time in the place to which it is sent equivalent to the time shown on the transmission
confirmation report produced by the fax machine from which it was sent.
7.
RISE AND FALL IN TABLE OF VARIATION RATES AND PRICES
For the avoidance of doubt, the Fee shall not be subject to rise and fall.
All rates and prices in the Table of Variation Rates and Prices are to be adjusted (using the formula set out below)
annually on the anniversary of the Award Date.
The following formula shall be used to calculate the rise and fall of the Table of Variation Rates and Prices:
Pn = Po x
In
Io
Where:
Pn = the revised rate or price applying from the most recent annual anniversary of the Award Date.
Po = the rate or price applying at the Award Date.
In - the latest of the preceding March, June, September of December Price Revision Index published prior to the
annual anniversary of the Award Date.
Io - the latest of the preceding March, June, September of December Price Revision Index published prior to the
Award Date.
"Price Revision Index" = is the index set out below
Description
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Table
Group
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
ABS Publication 6345.0 Labour
Price Index
Table 5
Private - Construction Index
8.
METHOD OF WORKPLAN FOR AIRFIELD ACTIVITIES
(a)
Without limiting clause 7.4 of the Conditions of Contract, the Consultant must prepare and implement
by no later than [INSERT eg "14"] days after the Award Date and before the Consultant is given access
to the Site a Method of Work Plan for Airfield Activities for all aspects of the Services ("Method of
Work Plan for Airfield Activities").
(b)
The Method of Work Plan for Airfield Activities must incorporate Site specific management and control
procedures and must set out in adequate detail all procedures the Consultant will implement to manage
the Services on and near the Site, including:
(i)
access to the Site;
(ii)
security passes for the Site;
(iii)
personnel and vehicle identification and control on the Site;
(iv)
control of personnel including a point of contact for the Consultant;
(v)
liaison with all stakeholders;
(vi)
safety procedures;
(vii)
issues associated with military exercises and military expeditions; and
(viii)
issues associated with aircraft movements.
9.
OPERATING AIRFIELD
(a)
The Consultant must ensure that the Services do not compromise aircraft operations or the safety of
aircraft.
(b)
As part of the Services, the Consultant must liaise with the Commonwealth as required to co-ordinate
the Services with, and prevent interruption of, Commonwealth activities including aircraft operations
and the safety of aircraft.
10.
NEW SOUTH WALES ONLY
Clause 10.12 of the Conditions of Contract is deleted and replaced as follows:
10.12
Payment of Workers and Subconsultants
The Consultant is not entitled to give the Commonwealth's Representative a payment claim under clause 10.2 of the
Conditions of Contract, and the Commonwealth is not obliged to make any payment under clause 10.5 of the
Conditions of Contract, unless the Consultant has provided the Commonwealth's Representative with:
(a)
a statutory declaration, together with any supporting evidence which may be reasonably required by the
Commonwealth's Representative, duly signed by the Consultant or, where the Consultant is a
corporation, by a representative of the Consultant who is in a position to know the facts declared, that,
except to the extent disclosed in the statutory declaration (such disclosure to specify all relevant
amounts, workers and subconsultants):
(i)
all workers who have at any time been employed by the Consultant in connection with the
Services have at the date of the payment claim been paid all moneys due and payable to
them in respect of their employment in connection with the Services; and
(ii)
all subconsultants have been paid all moneys due and payable to them in respect of the
Services; and
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Department of Defence - Special Conditions -Contract Administration Services Contract (CAS-1 2008)
(b)
documentary evidence that, except to the extent otherwise disclosed (such disclosure to specify all
relevant amounts and workers), as at the date of the payment claim, all workers who have been
employed by a subconsultant have been paid all moneys due and payable to them in respect of their
employment in connection with the Services;
(c)
a written statement for the purposes of, and which complies with, section 127 of the Industrial Relations
Act 1996 (NSW), section 175B of the Workers Compensation Act 1987 (NSW) and section 31H of the
Pay-Roll Tax Act 1971 (NSW), which is in a form approved by the Commonwealth's Representative,
each of which cover the period of the relevant payment claim; and
(d)
copies of all relevant certificates of currency in respect of Workers Compensation Insurance which the
Consultant has in place in connection with the Services.
Paragraphs (c) and (d) only apply with respect to those parts of the Services which are carried out in New South
Wales.
11.
WESTERN AUSTRALIA ONLY
(a)
In clause 10.3 of the Conditions of Contract, insert the following paragraph at the end of the clause:
For the purposes of this Contract and the Construction Contracts Act 2004 (WA), a claim for payment
will be deemed not to have been made until all the requirements of this clause have been satisfied and
any information requested by the Commonwealth's Representative has been provided.
(b)
In clause 10.14 (a)(ii) of the Conditions of Contract, insert the words "(including receiving adjudication
applications)" after the words "Security of Payment Legislation".
(c)
In clause 12.14 of the Conditions of Contract, insert the following sentence at the end of the paragraph:
Further, all of the provisions comprising Part 1F of the Civil Liability Act 2002 (WA) are hereby
expressly excluded from application to this Contract.
12.
INTERPRETATION OF THE BRIEF
(a)
Requirements contained in the Brief, whether or not they include the expression "the Consultant must"
or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied
by the Consultant, unless stated otherwise.
(b)
The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the
Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude
the Consultant's obligations under the Conditions of Contract or the Special Conditions.
(c)
To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other
requirement of the Contract (including any other requirement of the Brief), subject to clause 6.11 of the
Conditions of Contract, whichever requirement provides the greater, higher or more stringent
requirement, standard, level of service or scope (as applicable) will prevail.
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