Annex E to DMI(PROC) 13-0-002 V2.0
UNCLASSIFIED
Minute
Substantive Issues Brief – Contract Change […INSERT CONTRACT
CHANGE NUMBER…] to Contract […INSERT CONTRACT NUMBER…]
To: […INSERT POSITION PROVIDING ENDORSEMENT AND/OR SECTION 44
DELEGATION…]
RECOMMENDATION
That […INSERT POSITION NAME…]:
1.
Note that Contract Change […INSERT CONTRACT CHANGE NUMBER…] contains the
changes outlined below; and
Note to drafters: Choose one of the two options below.
Option
2.
Give endorsement in accordance with DMI(PROC) 13-0-002 for the Commonwealth
Representative for Contract […INSERT CONTRACT NUMBER…] to proceed with executing Contract
Change […INSERT CONTRACT CHANGE NUMBER…]
or (where the delegate is required to exercise Contract Approval, and Contract Signatory)
3.
Exercise Section 44 Delegation by signing the Delegate Submission provided at Attachment A, and
executing the Contract by signing […INSERT EITHER “CCP Deed” or “Contract Change” AS
APPROPRIATE…] as the Commonwealth Representative.
OVERVIEW
4.
[…INSERT RELEVANT BACKGROUND…]
Example:
The attached Contract Change includes a number of substantial changes to Contract C999999. In summary, the
significant changes are:
a.
The milestones dates for delivery of Vehicle numbers 1 and 2 have been delayed due to the requirement to
include additional ballistic protection. The milestone dates for Vehicle numbers 3 to 10 are not affected.
b.
The Contract Price has been increased by $2,500,000 to account for engineering work and changes to the
Supplies meet the new ballistic protection requirement.
c.
The Intellectual Property Plan at Attachment F to the Contract has been modified due to the addition of an
Approved Subcontractor. Although the Intellectual Property clauses of the Contract do not require modification as
part of this Contract Change, DMO Legal was asked to review the specific IP arrangements applicable to the
Approved Subcontractor’s Background IP and their advice is provided below.
Annex E to DMI(PROC) 13-0-002 V2.0
UNCLASSIFIED
d.
A new Subcontractor has been added to Attachment G for the provision of materials used to meet the new
ballistic protection requirement.
e.
The liability clause of the Contract has been modified. Advice has been received from DMO Legal and is
included below.
f.
The Statement of Work (including the specification) has been changed to include the new ballistic protection
requirement.
g.
Additionally, administrative changes to the Contract have been made including updating Key Personnel and
the contact details for the Contractor Representative.
BACKGROUND
5.
[…INSERT RELEVANT BACKGROUND…]
Note to drafters: Additional headings that may be required include
CHANGES TO CONTRACTED REQUIREMENT / SPECIFICATION
CHANGES TO SCHEDULE
CHANGES TO CONTRACT PRICE
CHANGES TO DELIVERY, ACCEPTANCE OR OWNERSHIP PROVISIONS
INTELLECTUAL PROPERTY IMPLICATIONS
INSURANCE AND LIABILITY IMPLICATIONS OR CHANGES TO LIMITATION OF LIABILITY
IMPACT ON LIQUIDATED DAMAGES
CHANGES TO WARRANTY
COST INVESTIGATION
CONSULTATION
VALUE FOR MONEY IMPLICATIONS
6.
[…INSERT RELEVANT INFORMATION…]
Note to drafters: Any change to a Contract must be supported by value for money considerations. For a
definition of value for money refer to paragraphs 4.1 to 4.4 of the Commonwealth Procurement Guidelines
and note that value for money may require broader consideration of Commonwealth policy.
Where a Contract Change does not change the Contract Price there may still be value for money
considerations that need to be addressed. For example, a change to the Intellectual Property regime may
affect value for money.
RECOMMENDATION
7.
[…INSERT RECOMMENDATION FROM FIRST PARAGRAPH…]
PREPARED BY:
Name
Position
Phone
Annex E to DMI(PROC) 13-0-002 V2.0
UNCLASSIFIED