Introduction
Contract Documents
Engagement Process
Engagement by Defence Contractors
Performance Reporting
Panel Agreement (Full Copy)
Subconsultants Agreement (Full Copy)
Panel Management Contacts
DEHP Company Contacts
DEHP Companies and Category of Works
Standing Offer Number (SON) details
DEHP Procurement and Evaluation Plan Template
Defence Environment and Heritage Panel 2009 – 2012 Protocols Handbook

Introduction

1. The Defence Support Group ("DSG") within the Department of Defence has established this Environment and Heritage Panel ("Panel") for the provision of ongoing environment and heritage services in support of Department of Defence and Defence Materiel Organisation ("Defence") locations in twelve regions across Australia.  The primary purpose of this Panel is to enable Defence and contractors to Defence to build a strong, collaborative relationship with consultants who are prepared to invest time and resources to identifying, understanding and servicing Defence environment and heritage requirements.  It is intended that the Panel will facilitate this strong collaborative relationship, through the communicative processes it engenders to the mutual benefit of Defence and the consultants appointed to the Panel ("Panel Consultants"). The provision of software and equipment is excluded from the scope of services to be provided under the Panel.

2. The Panel comprises consultants with the demonstrated capability, skills, qualifications, depth of resources and experience to provide ongoing services (including specialist services) to Defence projects and locations on an "as needs" basis with respect to one or more of the following nine categories of service:

(a) Environmental Management Systems;
(b) Energy Management and Efficiency and Green Building Policy and Assessment;
(c)  Water Assessment and Management and Waste Minimisation;
(d) Biodiversity Conservation, Landscape Assessment and Management;
(e) Environmental Impact Assessment and Management;
(f)  Pollution Prevention and Contaminated Sites Assessments and Management;
(g) Historic Heritage Assessment and Management;
(h)  Indigenous Heritage Assessment and Management; and
(i)   Natural Heritage Assessment and Management.

3.    The Consultant has been appointed to provide the services described in Section 6 of this document ("Services").

4.    This document sets out the basis of the relationship between Defence and the Consultant appointed to the Panel. The document is divided into the following sections:

(a) Section 1 - this introduction;
(b) Section 2 - the terms of the Panel Agreement ("Conditions of Panel Agreement");
(c) Section 3 - the detailed consultant's activities proposal ("Panel DCAP");
(d) Section 4 - the process for engagement of Panel Consultants for projects;
(e) Section 5 - the terms for engaging a Consultant for projects ("Terms of Engagement"); and
(f)  Section 6 - the Services that may be required from the Consultant.

Contract Documents

5.     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 Panel Agreement provide the broad contractual framework for the supervision and administration of the Panel and define the general legal relationship between the contracting parties; and

(b)  the Terms of Engagement provide the more detailed provisions governing the specific legal relationship between the contracting parties for each engagement.

6.      There is also a distinction between the Panel DCAP applicable to the Panel Agreement between the Consultant and Defence and the detailed consultant's activities proposal applicable to each contract for which the Consultant is engaged ("Services DCAP"):

(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

7.  As and when Defence may require services to be performed by the Consultant, it will invoke the engagement process set out in Section 4 of this document.

Engagement by Defence Contractors

9. Further, clauses 2.9 and 2.10 of the Conditions of Panel Agreement provide for the direct engagement of the Consultant by:

(a)   contractors to Defence; or
(b)   Other Commonwealth Agencies (as defined in the Conditions of Panel Agreement),

in respect of the Services. In that event, the Consultant will be required to enter into a standing offer arrangement or other contract with the relevant contractor to Defence or Other Commonwealth Agency on the same terms and conditions (including the Schedule of Rates (as defined in the Conditions of Panel Agreement)) that it has agreed with Defence at any time during the Term (subject only to such amendments as may be required to take account of the fact that it will be a contractor to Defence or Other Commonwealth Agency, and not Defence, who will be directly engaging the Consultant). Neither Defence, any contractor to Defence nor any Other Commonwealth Agency guarantees any volume of work for the Consultant under these arrangements, and each of Defence, contractors to Defence and Other Commonwealth Agencies reserve the right to contract for services outside the Panel.

Performance Reporting

10.  Without limiting or affecting Defence's absolute discretion to determine whether and how Services may be procured under the Panel, the Consultant acknowledges and accepts that whether the Consultant continues to receive requests for proposals and engagements will substantially depend upon its performance under the Panel Agreement and each contract for which it is engaged under clause 2.4 of the Conditions of Panel Agreement.  For this reason, there are significant provisions relating to performance measures and reporting processes.  Components of the performance framework includes:

(a)   Performance Indicators.  The performance indicators provide an insight into Defence expectations of Panel Consultants and a basis from which to measure whether that expected level of service is delivered (taking into account matters beyond a Consultant's control).  A Consultant' s 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 Panel Consultants to the Panel Manager (as defined in the Conditions of Panel Agreement) on the tasks which they undertake, and to the Defence Representative on specific task issues, provides visibility of the Consultant’s progress as a member of the Panel; and

(c)  Feedback.  The Defence Representative (as defined in the Conditions of Panel Agreement) and the Panel Manager have a role in developing and maintaining the relationship with Panel Consultants.  Among the mechanisms which can be employed, feedback on performance is an integral part of the management and development of the Panel.

11.  The Consultant will be required to provide reports to Defence on a quarterly basis during each contract for which the Consultant is engaged under clause 2.4 of the Conditions of Panel Agreement (or, if the engagement is for less than 3 months, at the conclusion of the engagement) and the Defence Representative which engaged the member of the Panel will measure the Consultant against specific performance criteria.  Where issues on performance arise during the course of a contract, the Consultant’s Representative (as defined in the Conditions of Panel Agreement) will be required to work together with the Panel Manager to address the concerns.

12.  Defence will provide a report to the Consultant on a bi-annual basis that describes certain matters relevant to the sourcing of Services to the Consultant under the Panel.

13. Following receipt of Defence's report, the Consultant will be required to provide reports to and meet with the Panel Manager on a bi-annual basis. 

14.  These reports and meetings may be used (amongst other matters) to monitor the sourcing of Services to the Consultant under the Panel.

15. In addition to the Panel Consultants, Defence may (in its absolute discretion) appoint one or more organisations as reserve panellists in respect of the Services.  Defence may engage reserve panellists at any time and for any purpose, including (without limitation), where any Panel Consultant is unable (for any reason) to perform the Services required by Defence or if a Panel Consultant fails to perform its obligations under the Panel Agreement.

16.  In addition to the Panel Consultants and any reserve panellists, Defence may (in its absolute discretion) also establish under a separate procurement process a "pre-qualified" list of organisations who are not Panel Consultants nor reserve panellists.  Defence anticipates that the organisations appointed to this list will be small to medium enterprises.  Defence may invite such organisations to submit proposals for specific work under the Panel Agreement which would otherwise have been the subject of an engagement to provide Services.  Defence encourages the Panel Consultants to (where necessary) engage such organisations as subconsultants to meet regional requirements for Services under the Panel Agreement.

DEHP Management

The DEHP will be managed by the Estate Policy and Environment Branch, Infrastructure Division, Defence Support Group.  For enquiries please email the DEHP Panel Manager on environmentandheritage@defence.gov.au.