Introduction

1. The Corporate Services and Infrastructure Group within the Department of Defence ("Defence") has established this panel on behalf of Defence. The purpose of the panel is to provide environment and heritage related services to Defence.

2. This document sets out the basis of the relationship between Defence and the Consultant who is part of this panel. The document is divided into the following sections:

(a) Section 1 - this introduction;
(b) Section 2 - the terms of the panel agreement;
(c) Section 3 - the process for engagement of consultants for projects, including letters;
(d) Section 4 - the terms of engagements;
(e) Section 5 - the services that may be required from the Consultant; and
(f ) Section 6 - the detailed consultant's activities proposal ("DCAP").

Contract Documents

3. There is a distinction between the terms governing the standing offer made by the Consultant to Defence and the terms governing each contract for which the Consultant is engaged:

(a) the Conditions of the Panel Agreement provide the broad contractual framework for the supervision and administration of the panel arrangement and define the general legal relationship between the contracting parties;
(b) the Terms of Engagement provide the more detailed provisions governing the specific legal relationship between the contracting parties for each engagement.

4. There is also a distinction between the DCAP applicable to the standing offer made by the Consultant to Defence and the DCAP applicable to each contract for which the Consultant is engaged:

(a) the Panel DCAP for the Panel Agreement demonstrates:

(i) the Consultant's understanding of what Defence will require the Consultant to do; and
(ii) all aspects of the Consultant's approach which could distinguish that approach from that of other consultants,

both:

(iii) as a member of the Panel; and
(iv) in performing the Services; and

(b) the Services DCAP for each contract demonstrates:

(i) the Consultant's understanding of what Defence will require the Consultant to do; and
(ii) all aspects of the Consultant's approach which could distinguish that approach from that of other consultants,

in performing the specific Services the subject of that contract.

Engagement Process

5. As and when Defence requires services to be performed by the Consultant, it will invoke the engagement process set out in Section 3. This may be by way of competitive bid or there may be sole source arrangements.

6. Defence does not guarantee any volume of work for the Consultant and Defence reserves the right to contract for services outside the panel arrangement. However, Defence recognises the benefits that will accrue to both it and the Consultant through members of the panel participating in the performance of the Services.

Engagement by Defence Contractors

7. Further, as set out in clause 2.7 of the Conditions of Panel Agreement, Defence may from time to time require the Consultant to be engaged directly by Defence contractors rather than by Defence. In that event, the Consultant will be required to enter into a standing offer arrangement or other contract with the relevant Defence contractor on the same terms as it has agreed with Defence (subject only to such amendments as may be required to take account of the fact that it will be a Defence contractor, and not Defence, who will be the party engaging the Consultant).

8. The primary purpose of this panel arrangement is to enable Defence to build a strong collaborative relationship with consultants who are prepared to invest time and allocate resources (in particular, human resources) to identifying, understanding and servicing Defence requirements. It is intended that this panel arrangement and the communication processes which it engenders will facilitate this strong collaborative relationship to the mutual benefit of both Defence and the Consultant.

Performance Reporting

9. Whether the Consultant continues to receive requests for proposals and engagements will substantially depend upon its performance. For this reason, there are significant provisions relating to performance measures and reporting processes. Components of the performance framework are as follows:

(a) Performance Indicators. The performance indicators provide an insight into Defence expectations of panel members and a basis from which to measure whether that expected level of service is delivered (taking into account matters beyond the panel members control). A panel members ability to perform, or to adjust the level of its performance to meet expectations, will significantly influence future work placements;
(b) Reporting. As part of the communication process, reporting by firms to the Panel Manager on the tasks which they undertake as panel members, and to the Defence Representative on specific task issues, provides visibility of the firm's progress as a panel member;
(c) Feedback. Defence Representative and the Panel Manager have a role in developing and maintaining the relationship with members of the panel. Among the mechanisms which can be employed, feedback on performance is an integral part of the management and development of the panel.

10. At the conclusion of each engagement, the Defence Representative which engaged the panel member will measure them against specific performance criteria for each task which they perform for Defence. Where issues on performance arise during the course of an engagement, the Panel Manager and the Consultants Representative will work together to address the concerns.

11. The Consultant will be required to provide progress reports to the Panel Manager on a quarterly basis. These reports will be used (among other matters) to monitor the overall balance of work within the panel, the level of competition and the kind of task each panel member is being engaged to perform.