How to engage

Overview

The Engagement user guide provides guidance and assistance on how to manage engagements under the Defence Infrastructure Panel – Major Construction (DIP-MC).

Note: For other Government Agencies who may use the Panel, do not substitute own Request for Tender documentation in an engagement under the Panel. It is also preferable to use the Defence Suite of Facilities contracts for the basis of the contract terms however should the Agency elect to use an alternate form of contract conditions then it is highly recommended to engage legal advice on tailoring to that form of contract.

Engagement user guide (PDF, 200.08 KB)

Panel Agreement

The DIP-MC Panel Agreement sets out the basis of the relationship between the Commonwealth and each contractor who is a member of this panel.

The template Panel Agreement is provided on this page for reference, noting that the signed version with each contractor is not provided.

Panel Agreement (DOCX, 219.3 KB)

Conditions of Contract

Panel Contractors may be engaged under varying forms of contract as specified by Defence or other Commonwealth agency (as applicable) for the purpose of an engagement and having regard to the specific circumstances of that engagement.

The relevant Conditions of Contract are available on the following pages. 

Engagement processes

The DIP-MC scope of works and associated contractors can be referenced on the Who to engage and Scope of works page. Once the procurement need and contractor have been identified, one of below delivery methods must be followed.

Joint bids for engagement

Each Panel Contractor's appointment to the Panel is contingent on the jurisdictions in which they are licensed (or otherwise permitted) under applicable statutory requirements to carry out works. These requirements are updated from time to time in accordance with clause 2.2 of the Panel Conditions.

The DIP-MC template Tender Documents require the project team to indicate whether joint bids are permitted for the tender process (noting that this must be consistent with the approved PDDP or evaluation plan). These tender documents are for use with the:

  • Defence Head Contract
  • Defence Early Contractor Involvement Head Contract – Two Contractor Planning Phase Approach
  • Defence Managing Contractor Contract.

Where joint bids are permitted, the template Tender Documents provide (among other things) that a proposal may only be lodged on a joint bid basis where all joint bid parties:

  • are Panel Contractors that have been appointed to the Panel 
  • have been invited by the Commonwealth to lodge a proposal in response to the Tender Documents.

Each joint bid party must be licensed under the applicable statutory requirements to carry out works in the engagement’s particular jurisdiction(s). This will also apply where the Commonwealth invites the submission of joint bids.

It is recognised that there may be limited exceptions, which will be considered on a case-by-case basis as part of procurement planning by the Commonwealth. 

One example of a potential exception includes where the relevant project is being carried out in more than one jurisdiction and it is proposed that each joint bid party carry out works only in the jurisdiction(s) for which they are appointed to the Panel. In this case, and assuming the Commonwealth is prepared to permit joint bids, it may be necessary for the proposed joint bid agreement to be reviewed and approved by the Commonwealth prior to consenting to the proposed joint bid. 

This is a potential example exception only. The Commonwealth will not allow joint bid arrangements to be used or structured to avoid the fundamental requirement of the Panel Agreement that Panel Contractors be appropriately licensed under applicable statutory requirements to carry out works.

Any proposed joint bid will be referred to the Commonwealth's Panel Manager for consideration, including in the context of the principles outlined above.