Mr Peter Malinauskas MP Leader of the Opposition Sent by

DPC LetterDX 56201
www.dpc.sa.gov.au
DPC18/2717
16 August 2018 Mr Peter Malinauskas MP Leader of the Opposition 488 Port Road WELLAND SA 5007 Sent by email: [email protected] Dear Mr Malinauskas Freedom of information application I refer to your request received by the Department of the Premier and Cabinet (DPC) seeking access under section 13 of the Freedom of Information Act 1991 (the Act) to: Details and copies of all documents relating to the remuneration, reimbursement or payment for fees, travel, entertainment and expenses for Wayne Eagleson, Wayne Eagleson Consulting Limited or Thompson Lewis Limited between the 19 March 2018 and 16 July 2018. The purpose of this letter is to advise you of my determination. A total of 9 documents were identified as answering the terms of your application and I have determined as follows:
I grant you access in full to 5 documents, copies of which are enclosed, and
I grant you access in part to 4 documents. Please refer to the attached schedule that describes each document and sets out my determination and reasons in summary form. Documents released in part Documents 1, 2, 8 and 9 These documents contain information relating to the personal affairs of third parties. Under clause 6(1) of Schedule 1 to the Act, a document is exempt if its disclosure would involve the ‘unreasonable disclosure of information concerning the personal affairs of any person’. This information falls within the definition of personal affairs under the Act and is therefore exempt from release pursuant to clause 6(1).
Page 2 of 3
Document 2 This document contains account numbers which form part of the business and financial affairs of Wayne Eagleson Consulting Ltd. These account numbers are still active. If released there is a possibility some adverse effect could flow from their disclosure. It is my view that a claim for exemption of the account numbers under clause 7(1)(c) is therefore justified. Document 2 The release of the financial affairs, namely the cost breakdowns for service provision, contained in this document could reasonably be expected to have an adverse effect on the business affairs of Wayne Eagleson Consulting. If released, this information could provide competing businesses and potential clients with an unfair advantage to negotiate for lower rates, thereby reducing the competitiveness of this particular business. I have considered the importance of maintaining transparency surrounding government spending, which is in the public interest. In this instance, the total cost of services has been provided. However, the breakdown of services has been removed, as the release of this information could be expected to have an adverse effect on the future services provided by Wayne Eagleson Consulting. I have therefore determined to exempt this information pursuant to clause 7(1)(c) of the Act. Exemptions Clause 6 – Documents affecting personal affairs
(1) A document is an exempt document if it contains matter the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead).
Clause 7 – Documents affecting business affairs
(1) A document is an exempt document—
…
(c) if it contains matter—
(i) consisting of information (other than trade secrets or information referred to in paragraph (b)) concerning the business, professional, commercial or financial affairs of any agency or any other person; and
(ii) the disclosure of which—
(A) could reasonably be expected to have an adverse effect on
those affairs or to prejudice the future supply of such information to the Government or to an agency; and
(B) would, on balance, be contrary to the public interest.
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In compliance with Premier and Cabinet Circular PC045 - Disclosure Logs for Non- Personal Information Released through Freedom of Information (PC045), DPC is now required to publish a log of all non-personal information released under the Freedom of Information Act 1991. In accordance with this Circular, any non-personal information determined for release as part of this application, may be published on the DPC website. A copy of PC045 can be found at the following address: http://dpc.sa.gov.au/what-we-do/services-for- government/premier-and-cabinet-circulars. Please visit the website for further information.
Right to internal review If you are aggrieved with this determination, you have a right to apply for internal review under subsection 29(1) of the Act. Pursuant to subsection 29(2), your application must:
be in writing
be addressed to the principal officer, and
be lodged at an office of DPC, or emailed to [email protected] within 30 days after the day on which you receive this letter or within such further time as the principal officer may allow.
If you have any questions in relation to this matter, please contact Damian Gilbert, Freedom of Information Officer, on telephone (08) 8429 5489 or via email at [email protected]. Yours sincerely Georgia Lygoe ACCREDITED FOI OFFICER Encl Schedule of documents
Documents for release
SCHEDULE OF DOCUMENTS—DPC18-2717
For Official Use Only (When completed) – I1 – A1 Page 1 of 1
Freedom of information application from Mr Peter Malinauskas seeking access to: Details and copies of all documents relating to the remuneration, reimbursement or payment for fees, travel, entertainment and expenses for Wayne Eagleson, Wayne Eagleson Consulting Limited or Thompson Lewis Limited between the 19 March 2018 and 16 July 2018.
No. Date Document description Exemption clauses Released (part/full/refused)
1. 29/06/2018 Email – RE: FCP – FW: June Invoice
6(1) – Personal affairs Released in part
2. 29/06/2018 Invoice – Wayne Eagleson Consulting Ltd
6(1) – Personal affairs 7(1)(c) – Business affairs
Released in part
3. 03/07/2018 Email – RE: Wayne Eagleson N/A Released in full
4. 08/06/2018 Standard Goods and Services Agreement – Services Engagement – Mr Wayne Eagleson
N/A Released in full
5. 10/07/2018 Email – FW: Wayne Eagleson N/A Released in full
6. 18/05/2018 Email – FW: Procurement for Wayne Eagleson – example documents and template
7. 24/05/2018 Email – FW: Procurement for Wayne Eagleson – example documents and template
8. 24/05/2018 Email – RE: Wayne Eagleson 6(1) – Personal affairs Released in part
9. 22/05/2018 Email – Re: Further contract 6(1) – Personal affairs Released in part
Chaplin, Emma (DPC)
From: Biggins, Kelly (DPC) Sent: Friday, 29 June 2018 12:07 PM To: Zhang, Qing (DTF) Subject: RE: FCP - FW: June Invoice
Thank you
To: Biggins, Kelly (DPC)
Hi Kelly,
Senior Accounts Payable Officer Accounts Payable, Shared Services SA Department of the Premier and Cabinet
Tel 08 8462 1124 1 Qinq.Zhanq(cDsa.gov.au www.sharedservices.sa.gov.au
GPO BOX 11030 Adelaide SA 5001
From: Biggins, Kelly (DPC) Sent: Friday, 29 June 2018 11:00 AM To: Zhang, Qing (DPC) Subject: Re: FCP - FW: June Invoice
Please use the same
On 29 Jun 2018, at 10:50 am, Zhang, Qing (DPC) <[email protected]> wrote:
Hi Kelly,
Many thanks,
Qing Zhang
GilbD01
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Accounts Payable, Shared Services SA Department of the Premier and Cabinet
Tel 08 8462 1124 1 Qinq.Zhanq @sa.gov.au www.sharedservices.sa.qov.au
From: Biggins, Kelly (DPC) Sent: Friday, 29 June 2018 10:42 AM To: Zhang, Qing (DPC) Cc: Cook, Greg (DPC) Subject: RE: FCP - FW: June Invoice
I don't know what that is sorry — GL Code?
From: Zhang, Qing (DPC)
To: Biggins, Kelly (DPC) <[email protected]>
Cc: Cook, Greg (DPC) <[email protected]>
Subject: FW: FCP - FW: June Invoice
Hi Kelly,
Can you please provide me the GL-CODE for this payment?
Many thanks,
Qing Zhang
Senior Accounts Payable Officer Accounts Payable, Shared Services SA Department of the Premier and Cabinet
Tel ^8 r4 2 1124 1 Qinq.Zhanq(cDsa.gov.au www.sharedservices.sa.qov.au
From: Sara, Justin (DPC) Sent: Friday, 29 June 2018 10:32 AM To: Zhang, Qing (DPC) Subject: Re: FCP - FW: June Invoice
Can you please follow up with Kelly Biggins for that information please.
Justin
To: Justin Sara
Kind regards,
Qing Zhang
Department of the Premier and Cabinet
Tel 08 8462 1124 1 [email protected]
www.sharedservices.sa.gov.au
Original Message
To: Zhang, Qing (DPC)
Regards,
To: Sara, Justin (DPC); Mak, Richard (DPC); Cook, Greg (DPC)
Subject: RE: June Invoice
Thanks, Kelly
Kelly Biggins
Department of the Premier and Cabinet
Ph: +618 84295040
Victoria Square (Tarntanyangga) ADELAIDE SA 5000
Information contained in this email message may be confidential and may also be the
subject of legal professional privilege or public interest immunity. If you are not the
intended recipient, any use, disclosure or copying of this document is unauthorised.
Original Message
To: Biggins, Kelly (DPC) <Kelly.Biggins3(@sa.gov.au>
Subject: FW: June Invoice
Kelly,
Re Wayne's latest invoice, this needs to printed, endorsed by hand, scanned and emailed
back to AP to facilitate an overseas payment.
Greg Cook or Richard Mak from AP can assist.
Justin Sara
Tel 08 8462 1506
GPO Box 11030, Adelaide SA 5001
Information contained in this e-mail message may be confidential and may also be the
subject of legal professional privilege or public interest immunity. If you are not the
4
Clause 6(1)
intended recipient, any use, disclosure or copying of this document is unauthorised.
Original Message
To: Sara, Justin (DPC)
Cc: Ranieri, Erma (DPC)
I have attached my June invoice for your attention.
Just to note that while the total number of consulting days was as per the contract, I made
two trips to Adelaide this month so the mix is a little different.
As always, let me know if you need any further detail on this.
Regards, Wayne
GST No. 124-566-843 o~ ~
29 June 2018
Justin Sara Deputy Chief Procurement Officer Department of Premier and Cabinet Via email.
TAX INVOICE; SAgovt03
Preparation for and attendance at meetings agreed fee (11-14/6 and 18/6) NZ
in Adelaide at
Airfare Wgtn/Adelaide return
Airfare Wgtn/Adelaide return
NZ $ 4,800.00
Please pay direct to BNZ account Wayne Eagleson Consulting Ltd,,
Swift . Bank of New Zealand, Auckland Store, 80 Queen Street, Auckland, New Zealand
7(1)(c)
7(1)(c)
To: Biggins, Kelly (DPC)
Subject: RE: Wayne Eagleson
Hi Kelly,
Thanks,
Leigh.
From: Biggins, Kelly (DPC) Sent: Tuesday, 3 July 2018 11:35 AM To: Miller, Leigh (DTF) Subject: Wayne Eagleson
Hi Leigh,
Do you have a final version of the Wayne Eagleson contract? I am having trouble locating it on our system and need
to give Finance a copy.
Thanks, Kelly
Kelly Biggins
Director Office of the Chief Executive Department of the Premier and Cabinet
Ph: +61 8 84295040 GPO Box 2343 1 ADELAIDE SA 5001 kel!v.biggins3(a~sa.gov,au (www.dpc.sa.gov.au Level 16 State Administration Centre, 200 Victoria Square (Tarntanyangga) ADELAIDE SA 5000
SOUTH AAJ1 Tf 4LIA
Government of South Austraft
t'l :•i ! ., the Prkm N .! J
Information contained in this email message may be confidential and may also be the subject of legal professional privilege or public interest immunity. if you are not the intended recipient, any use, disclosure or copying of this document is unauthorised.
1
3
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Services Engagement -- Mr Wayne Eagleson A404- )),,
Government of South Australia
BETWEEN:
THE GOVERNMENT PARTY NAMED IN ITEM 1 OF ATTACHMENT 1 ("the Government Party")
AND:
THE PARTY NAMED IN ITEM 2 OF ATTACHMENT 1 ("the Supplier")
IT IS AGREED thatthis Execution Page, the Agreement Details (Attachment 1), the Terms and Conditions (Attachment 2), the Glossary of Defined Terms (Attachment 3), the Special Conditions (Attachment 4), the Specifications (Attachment 6) and the Pricing and Payment (Attachment 6), will together comprise the Agreement between the Parties for the provision of the Goods and/or Services specified in Attachment 1,
EXECUTED AS AN AGREEMENT
behalf of THE GOVERNMENT PARTY NAMED
IN ITEM 1 OF ATTACHMENT 1 in the presence
of:
Gr
Authorised officer signature
F. a Ai 4 14- ft-,ti , E je / Authorised officer name
EXECUTED by THE PARTY NAMED IN ITEM 2 )
OF ATTACHMENT 1 in the presence of:
Party signature
Services Engagement — Mr Wayne Eagleson, June 2018
4
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Details of Goods
State Administration Centre
200 Victoria Square
Adelaide SA 5000
11 June 2018
10 November 2018
Up to a further 2 business days, as agreed between the Government Party and the Supplier
Not applicable — supplier is located outside Australia
Government Party: Chief Executive - DPC
Supplier: Wayne Eagleson
Delivery Date
Delivery Point
Installation Date
Item 13
Warranty Period
Details of Services
Not applicable
Not applicable
Not applicable
Not applicable
Provision of a consultancy program for the South Australian Government including the Premier, Cabinet, Department of the Premier rind Cabinet, Cabinet Office and Senior Management Council. 'this consultancy program will include:
Advice on the development and implementation of a performance management framework for the South Australian public service
Design and implement mechanisms to support the successful implementation of the Government's election commitments by
Reference No: SAG DPC 3
the public sector
Work with senior public service executives to facilitate adoption of new performance and accountability mechanisms and implement strategies to support the successful delivery of the Government's election commitments
• Strategic advice to support the implementation of election commitments being led by the Department of the Premier and Cabinet
Other strategic advice to the Department of the Premier and Cabinet on transitioning to an altered operating environment under the new Government.
This program will be delivered each month as follows: I
• Three business days consulting on location in Adelaide plus one day of preparation (excludes travel time which undertaken on the Supplier's time)
• Three business days consulting based in Wellington, New Zealand
• The timing of these consulting clays each month will be agreed between the Parties
Additional days (up to six additional business days over the course of this contract) can be agreed between the Parties (if needed).
If required include detailed description in Attachment 5
Item 14 If Services are being supplied
Delivery Date
Delivery Point
11 June 2018 to 10 November 2018
In Adelaide, South Australia, Wellington, New Zealand or other location agreed between the Government Party and the Supplier
t Item 15
Reports and Manuals
Item 18 Insurances
Public Liability Insurance
Product Liability Insurance
Price: NZ $2400 per business day (GST exclusive)
Reasonable travel costs will be reimbursed by the Government Party and should be detailed on the supplier's invoice.
Not less than $1,000,000
Not appli-able 4
Attachment 2 - Standard Terms & Conditions AGREED TERMS
1. CONTRACT LENGTH
1.1 This Agreement commences on the Commencement Date and continues until the Expiry Date, unless terminated earlier or extended under clause 1.2.
1.2 This Agreement may be extended by ilia Government Party for the Extension Period by giving reasonable notice prior to the Expiry Date.
2. CONTRACT MANAGERS
The persons named in Attachment 1 as the Contract Managers are the first point of contact between the Parties and are responsible for overseeing the effective administration of Ilia Agreement Including variations and extensions.
3. SUPPLY OF GOODS (IF APPLICABLE)
3.1 If Goods are being supplied under this Agreement then the Supplier must:
(a) supply the Goods In accordance with this Agreement;
(b) sell the Goods without encumbrance;
(c) deliver Ilse Goods to the Delivery Point on or before the Delivery Dale;
(d) comply with the Government Party's reasonable directions and delivery instructions;
(c) if requested by the Government Party, provide the Government Party with material safely data sheets with respect to the Goods delivered;
(f) provide lest evidence for the Goods If required; and
(g) If Indicated in Attachment 1, install the Goods on or before the Installation Date.
3.2 If the Supplier cannot comply with any of its obligations under clause 3.1, the Supplier must notify the Government Party in writing immediately.
4. INSPECTION AND ACCEPTANCE OF GOODS (IF APPLICABLE)
4.1 The Government Party may inspect Ilia Goods to determine whether to accept or reject the Goods.
4.2 The Government Party must accept the Goods if they conform with the requirements of this Agreement.
4.3 Subject to clause 4.4, the Goods are deemed to be accepted either:
(a) on delivery, if the Government Party notifies the Supplier that it accepts the goods; or
(b) if no notice is issued by the Government Party, then 5 Business Days after delivery of the Goods to the Delivery Point.
4.4 If the Goods are consumable products and the Goods are found to be defective when first used, then the Government Patty may reject the Goods under clause 4,5.
4.5 If the Government Patty rejects the Goods due to non• confonnily with the requirements of this Agreement, then the Government Party must notify the Supplier as soon as possible and require Ilia Supplier at its solo cost, and at the Government Party's election to either:
(a) resupply Ilia Goods and remove the non-conforming Goods from the Delivery Point; or
(b) repair the Goods,
4.6 Acceplatico of the Goods does not relieve the Supplier of any of its obligations under this Agreement.
4.7 The Supplier bears the risk In the Goods until delivery to the Delivery Point. Title in the Goods will pass to the Government Party upon the Government Party's acceptance of the Goods.
6. WARRANTY PERIOD (IF APPLICABLE)
5,1 If during the Warranty Period the Goods fail to comply with the warranties in clause 9.1 then the Government Party may in its absolute discretion require that the Supplier at its expense: (a) replace the Goods within 10 Business Days of
notification by the Government Party (ot such other time as is agreed); or
Services Engagement - Mr Wayne Eagleson, June 2WO
(b) refund the Price.
6. SUPPLY OF SERVICES (IF APPLICABLE)
6.1 It Services are being supplied under this Agreement than file Supplier must ensure that the Supplier's Personnel provide the ?k Services described In Attachment 1 in accordance with the terns and conditions of this Agreement.
6.2 Where Attachment 1 specifies Named Persons then the Services must be delivered by those Named Persons, A. The Supplier may substitute a Named Person with the
consent of the Government Party subject to the Government Party being satisfied as to the expertise, experienco and suitability of the substitute.
6.3 The Supplier must ensure that Services are delivered:
(a) to a standard that meets or exceeds the Service Levels;
(b) In accordance with the warranties in clause 9.4; and
(c) by any Milestone Dates, 6.4 The Government Party's remedies for the Supplier's failure to
meet a Service Level or for a breach of a warranty, Includes resupply of the Services, a reduction of the price, termination, rebates or any other remedy specified in the Special Conditions.
7. REPORTS AND MANUALS (IF APPLICABLE) The Supplier must provide those reports, manuals or other materials specified in Attachment 1.
8. SERVICE VARIATION (IF APPLICABLE) 8.1 If the Government Patty wishes to vary the scope of the
Services ("Variation'), it must issue a written request to the Supplier and the Supplier must within 5 Business Days (or such other period as agreed) provide a written quote ("Quote') setting out:
(a) any Impacts on the timing of or completion of tasks;
(b) the varied price and payment arrangements; and
(c) any changes to the terms that apply to the performance of the Services.
8.2 The Parties must negotiate in good faith to agree on the price and other terms applicable to the Variation.
8.3 If the Parties agree In writing to the terms of the Variation then:
(a) the Supplier must perform the Services as varied by the Variation;
(b) ilia Government Party must pay the varied price;
(c) the terms and conditions of Ilse Agreement are varied by the terms of the Variation.
9. SUPPLIER'S WARRANTIES
9.1 If Goods are being supplied under this Agreement then the Supplier warrants that it has good and unencumbered title to the Goods and [tie Goods:
(a) confomr with any description applied and any sample provided by the Supplier;
(b) are new (unless otherwise specified);
(c) are free from defects in materials,.rnanufaclure and workmanship;
(d) conform to any applicable Australian Standards or other standards nominated In this Agreement;
(e) conform to the Specifications and any technical Sp%ificatlons provided by the Supplier;
(F) are of merchantable quality;
(g) are installed correctly (if the Supplier is responsible for Installation);
(h) are fit for their Intended purpose; and
(i) are manufactured and supplied without Infringing any persons Intellectual Property Rights.
9.2 The Supplier must ensure that the Government Party receives the full benefit of any manufacturer's warranties in respect of the Goods.
9.3 During any Warranty Period any defects In Ilia Goods must be reclifiod at the Supplier's expanse.
PA If Services are being supplied under this Agreement then the Supplier warrants that Ilia Services will:
comply with the description of the services in Attachment 1; be provided with due care and skill;
be provided in a timely and efficient manner;
be provided in accordance with the best practices current in the Supplier's Industry;
be supplied without infringing any person's Intellectual Property Rights;
be performed by the Supplier andfor the Supplier's Personnel; and
be supplied in the most cost effective manner consistent with the required level of quality and performance.
10. SUPPLIER'S PERSONNEL
10.1 The Supplier, if required by the Government Party, must give Its consent to and procure the consent of the Supplier's Personnel, to the conduct of a police check or any Additional Personnel Checks specified in Attachment 1.
10,2 If the Government Party gives the Supplier notice in writing requiring those persons to be withdrawn from supplying the Goods or providing the Services, and the Supplier must Immediately comply with the notice and provide replacement Personnel acceptable to the Government Party.
10,3 The Supplier and the Supplier's Personnel must only use the, Government Party's computer systems with the specific aulhorlsation of the Government Party and only in ilia manner as directed by the Government Party from time to time.
10.4 The Government Party reserves the right to refuse entry to any of the Government Party's promises to any of the Supplier's Personnel.
ii. PRICE AND PAYMENT
11.1 In consideration for the supply of the Goods and/or the Services, the Government Party will pay the Price.
11.2 Unless otherwise expressly stated the Price Is Inclusive of GST.
11.3 The Supplier is entitled to Invoice the Government Party for payment in respect of the Goods and/or Services, when the Goods have been supplied and accepted under clause 4, and the Services have been supplied in accordance with this Agreement.
12. GST
12,1 Subject to clause 12.2 the Supplier represents that:
(a) the ABN shown in Attachment 1 is the Supplier's ABN; and
(b) it is registered under the A New Tax System (Australian Business Number) Act 1999 (Cih),
12.2 If the Supplier is not registered for GST, then GST must not be charged on supplies made under this Agreement.
13, INTELLECTUAL PROPERTY RIGHTS
13.1 Nothing In this Agreement affects the ownership of Intellectual Property Rights created before the Commencement Data.
13.2 The Supplier grants to the Government Party and the Crown in right of the State of South Australia a perpetual, irrevocable, royally free, fee free licence to use, copy, modify and adapt any Intellectual Property Rights in any reports or manuals required to be supplied under this Agreement.
14. INSURANCE
14.1 The Supplier must effect and maintain the policies of insurance specified In Attachment 1 for not less than the amounts specified in Attachment 1.
14.2 The policies of insurance referred to In clause 14.1 must be held until Ilia expiry of the Agreement.
Services Engagement - Mr Wayne Eagleson, June 2018
16. LIABILITY LIMIT
15,1 The Supplier's liability to the Government Party under this Agreement Is limited to the amount specified in Attachment 1.
16. CONFIDENTIAL INFORMATION
16,1 Subject to this clause 16, neither Party may disclose any Confidential Information belonging to the other Party except as genuinely and necessarily required for the purpose of this Agreement.
16.2 A Party may disclose Confidential Information belonging to the other Party:
(a) to an employee, agent or adviser of that Party, on a "treed to know"and confidential basis;
(b) as required by law or a court order;
(c) In accordance with any Parliamentary or constitutional convention;
(d) to the Australian Competition and Consumer Commission (ACCC) if the party reasonably suspects, or Is notified by the ACCC that it reasonably suspects, that there is Cartel Conduct or unlawful collusion in connection with the supply of Goods or Services under this Agreement; or
(e) for the purposes of prosecuting or defending proceedings.
16,3 The Parties may mutually agree to disclose Confidential Information,
17, SET-OFF Any claim the Government Party may have against the Supplier may be set off against monies owed to the Supplier under this Agreement.
18. DISPUTE RESOLUTION
18.1 Subject to clause 18.4 a Party may not commonce legal m proceedings without first referring the dispute to the other Patty under this clause.
10.2 Either Party may give the other a notice in writing ("dispute notice") setting out the details of the dispute.
18.3 Within 5 Business Days or such other period as may be agreed by the Patties, representatives must meat and use reasonable endeavours to resolve the dispute.
18.4 A Party may seek immediate interlocutory relief or other intethn remedy in case of genuine urgency.
19. ENDING THIS CONTRACT
19.1 The Government Party may terminate this Agreement immediately upon giving notice In writing to the Supplier if:
(a) the Government Party reasonably forms the opinion that the Supplier will be unable to perform its obligations under this Agreetnent;
(b) the Supplier is in breach of this Agreement and has not rectified such breach within 10 Business Days of the Government Party giving notice In writing to the Supplier requiring the rectification of such breach;
(c) the Government Party becomes aware that the Supplier is in broach of Its statutory obligations with respect to its employees;
Ilia Supplier falls to comply with a notice issued under (d) clause 10.2; or
the Supplier falls to disclose a conflict of interest; (e)
any Other Termination Right occurs; or (1) the Supplier suffers or, In the reasonable opinion of the (g) Government Party, Is in jeopardy of becoming subject to any form of insolvency administration or bankruptcy,
19.2 The Government Party may terminate this Agreement without cause by giving the Supplier the period of notice specified In Attachment 1 ("Notice Period for Termination for Convenlence').
19.3 If the Government Patty terminates this Agreement in accordance with clause 19.2: (a) the Supplier has no claim against the Government Party
arising out of or In relation to such termination other than the right to be paid for Goods accepted and/or Services provided before the effective termination dale; and
2
(b) the Supplier must comply with all reasonable directions given by the Government Party.
19.4 The Supplier may terminate this Agreement immediately upon giving notice in writing to the Government Party if the Government Party is in breach of this Agreement and has not rectified such breach within 14 days of the Supplier giving notice in writing to the Purchaser requiring the rectification of such breach.
20. EFFECT OF ENDING THIS CONTRACT
20.1 Any termination of this Agreement by either Party does not affect any accrued right of either Party.
20.2 Despite termination or completion of this Agreement, this clause 20 and clauses 9, 13,14, 15, 16, 17 and those Special Conditions that by their nature remain in force, shall survive.
21. SUBCONTRACTING
21.1 With the exception of the Approved Subcontractors described In Attachment 1, the Supplier must not engage any subcontractor without Ilia priorwrHten permission of the Government Party.
21.2 The Supplier remains responsible for obligations performed by the Approved Subcontractors to the same extent as if such obligations were performed by the Supplier.
22. CONFLICT OF INTEREST
22.1 The Supplier must disclose in writing to the Government Party all actual and potential conflicts of Interest that exist, arise or may arise (either for the Supplier or the Supplier's Personnel) in the course of performing its obligations under tills Agreement as soon as practical after it becomes aware of that conflict.
23. COMPLIANCE WITH LAWS
The Supplier must comply with the laws in force In the State of South Australia in performing its obligations under this Agreement.
24. GOVERNING LAW AND JURISDICTION
24.1 This Agreement Is governed by the laws In the Stale of South Australia.
24.2 The courts of the State of South Australia have exclusive jurisdiction in connection with this Agreement.
25, ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between the Parties In respect of the matters dealt with in this Agreement and supersedes all prior agreements, understanding and negotiations in respect of the matters dealt with in this Agreement.
26. NO ASSIGNMENT
r26.1 The Supplier must not assign, encumber or otherwise transfer any of its rights or obligations under this Agreement without the written approval of the Government Party which approval shall not be unreasonably withheld.
2.6.2 Subject to any contrary legislative Intention, the Parties agree that if there is any Machinery of Government Change, this Agreement is deormod to rotor to the new entity succeeding or replacing the Government Party and all of the Government Party's rights and obligations under this Agreement will continue and will become rights and obligations of that now entity.
27. MODIFICATION
No addition to or modification of any provision of this Agreement will be binding upon the Parties unless made by written instrument signed by the Parties.
20. SEVERANCE
28.1 Each word, phrase, sentence, paragraph and clause of this Agreement is severable.
28.2 Severance of any part of this Agreement will not affect any other part of this Agreement.
29. COUNTERPARTS
This Agreement may be executed in any number of counterparts each of which is taken to be an original. All of those counterparts taken together constitute one (1) Instrument. An executed counterpart may be delivered by omail.
30. WORK HEALTH & SAFETY
30.1 The Supplier must comply with the Work Health and Safely Act 2012 (SA) at all times, regardless of whether the Government Party issues direction in that regard or not.
30.2 If all or part of the work tinder this Agreement is to be provided on the premises of the Government Party and under the direction of the Government Party, the Supplier must comply with the Government Party's work health and safety policies, procedures and instructions. If the Supplier becomes aware of any potentially hazardous situation on the Government Party's premises, the Supplier must immediately bring it to the Government Party's attention.
31, ACTING ETHICALLY
The Supplier must conduct Itself in a manner that does not Invite, directly or indirectly, Ilia Government Party's officers, employees or agents or any public sector employee (as defined In the Public Sector Act 2009 (SA)) to behave unethically, to prefer private Interests over the Government Party's Interests or to otherwise contravene the Code of Ethics for the South Australian Public Sector.
32. INTERPRETATION
32.1 Defined terms are set out In the Glossary of Defined Terms In Attachment 3.
32.2 In resolving inconsistencies In this Agreement, the documents have lice following order of priority:
(a) Special Conditions (Attachment 4);
(b) Standard Terms and Conditions (Attachment 2); and
(c) the other Attachments.
(a) a reference to any legislation includes:
(1) all legislation, regulations and other forms of statutory Instrument Issued under that legislation; and
(ti) any modification, consolidation, arnendinenl, re-enacUnent or substitution of that legislation;
(b) a word in the singular includes the plural and a word in lime plural includes the singular;
(c) a reference to two or more persons is a reference to those persons jointly and severally;
(d) a reference to dollars Is to Australian dollars;
(e) a reference to a Party includes that party's administrators, successors and permitted assigns.
33. SPECIAL CONDITIONS
The special conditions (If any) form part of this Agreement and to the extent of any inconsistency, take precedence over the other terms of this Agreement,
Services Engagement - Mr Wayne Eagleson, June 2018
I1Gaclmwnl J - Glossory of Defined Tonns
Alla l-W4-51—IM C. dlll.m
4
Attachment 6 — Pricing and Payment
Not used
Chaplin, Emma (DPC)
From: Fulham, Jackie (DPC) Sent: Tuesday, 10 July 2018 3:46 PM
To: Miller, Leigh (DTF)
Hi Leigh
As part of the reporting of consultancy expenditure across the Department can you please provide me with the
contract for the initial engagement of Wayne Eagleson, which cost the Department AUD$21,598.38.
Thanks kindly.
Level 14, State Administration Centre
Adelaide SA 5000
GPO Box 1484
Adelaide SA 5001
e [email protected]
Information contained in this e-mail message may be confidential and may also be the subject of legal professional
privilege or public interest immunity. If you are not the intended recipient, any use, disclosure or copying of this
document is unauthorised.
Original Message
From: Biggins, Kelly (DPC) Sent: Tuesday, 3 July 2018 12:45 PM
To: Miller, Leigh (DTF) <[email protected]>
Cc: Fulham, Jackie (DPC) <[email protected]>
Subject: Re: Wayne Eagleson
Jackie for your info
> On 3 Jul 2018, at 12:25 pm, Miller, Leigh (DTF) <Leigh,[email protected]> wrote:
> Hi Kelly,
1
5
GilbD01
Rectangle
> Thanks,
> Leigh.
> From: Biggins, Kelly (DPC)
> Sent: Tuesday, 3 July 2018 11:35 AM > To: Miller, Leigh (DTF)
> Subject: Wayne Eagleson
> Hi Leigh,
> Do you have a final version of the Wayne Eagleson contract? I am having trouble locating it on our system and
need to give Finance a copy.
> Thanks, Kelly
> Kelly Biggins
> Department of the Premier and Cabinet
> Ph: +618 84295040
> [email protected]<maiIto:[email protected]>
> www.dpc.sa.gov.au<http://www.dpc.sa.gov.au/>
> (Tarntanyangga) ADELAIDE SA 5000
> [Horizontal Colour Email]
> Information contained in this email message may be confidential and may also be the subject of legal professional
privilege or public interest immunity. If you are not the intended recipient, any use, disclosure or copying of this
document is unauthorised.
2
From: Biggins, Kelly (DPC) To: Blieschke, Jeremy (DPC) Subject: FW: Procurement for Wayne Eagleson - example documents and template Date: Friday, 18 May 2018 11:46:48 AM Attachments: image001.png
Infrastructure SA - Puchase Recommendation (Final) v1.0F.docx Infrastructure SA - Acquisition Plan (Final).docx Template - Simple Procurement Report.docx image002.jpg
Hi Jeremy,
This is one I’d ask you to follow up next week please.
Erma has requested a contract be prepared for the future engagement of Wayne Eagleson. I’ll forward you the initiating email for context too.
Thanks, Kelly
Kelly Biggins
Director Office of the Chief Executive Department of the Premier and Cabinet
Ph: +61 8 84295040 GPO Box 2343 | ADELAIDE SA 5001 [email protected] | www.dpc.sa.gov.au Level 16 State Administration Centre, 200 Victoria Square (Tarntanyangga) ADELAIDE SA 5000
Information contained in this email message may be confidential and may also be the subject of legal professional privilege or public interest immunity. If you are not the intended recipient, any use, disclosure or copying of this document is unauthorised.
From: Miller, Leigh (DPC) Sent: Friday, 18 May 2018 11:40 AM To: Biggins, Kelly (DPC) <[email protected]> Cc: Sara, Justin (DPC) <[email protected]> Subject: Procurement for Wayne Eagleson - example documents and template
Hi Kelly,
Justin Sara has asked me to forward to you some example documents and the simple procurement report template to assist with the procurement process for the contract with Wayne Eagleson.
6
SIMPLE PURCHASE RECOMMENDATION
(for procurements valued greater than $33,000 and less than $550,001)
and
Project Name:
Department:
(Left double-click to check boxes)
Title of project:
Project manager and contact details:
Name:
|_| Covered procurement
|X| Economic contribution test
|X| Period contract
|X| Yes
Limitation or exclusion of liability:
Has this procurement been subject to a limitation or exclusion of liability?
|X| Yes
Is this contract subject to contract disclosure requirements?
|_| Yes
|_| No
1. BRIEF DESCRIPTION OF PROJECT
The establishment of Infrastructure South Australia is a key election commitment for the new South Australian Government.
Infrastructure SA will be an independent body that will develop a long-term state infrastructure strategy and ongoing infrastructure plans, which prioritise major projects and associated infrastructure spending. In addition to the creation of this new body, there is a requirement to introduce relevant and related legislation within one-hundred days of the new government taking office.
The creation of Infrastructure SA follows the creation of similar bodies at the state and national level including, Infrastructure Australia, Infrastructure NSW, Infrastructure Victoria, Building Queensland, and Infrastructure WA.
To support the establishment of Infrastructure SA and to help the South Australian government synthesise the learning from the establishment of similar bodies around the country, the services of an external expert in the area infrastructure planning and governance are required.
Objective (scope of work):
The supplier will assist with the establishment of Infrastructure SA by:
1. Providing advice on lessons learnt from the operation of existing iBodies and what it means for the most appropriate model for South Australia. This will include consideration of:
· legislative powers;
· chair, board and executive remuneration levels and determination mechanism, within the context of South Australian government arrangements;
· operating budgets.
2. Develop recommended objectives, functions and powers for Infrastructure SA that takes into account the government’s election commitments, establishment and operation of other iBodies, the roles of existing state government agencies and relationship to the Commonwealth government, local government, private infrastructure providers and other key stakeholders. Key considerations include:
· Nature of long-term strategy and shorter five-year infrastructure plan / capital intentions statement, including scope of infrastructure to be included;
· Division of roles and working relationship between ISA and other South Australian Government administrative units with infrastructure related responsibilities, including DPTI, Renewal SA, Office of the Coordinator General, DTF, and other service delivery agencies, (e.g. health, education, justice, arts). This could cover consideration of the functions of infrastructure planning, prioritisation, funding, delivery, evaluation, performance monitoring, reform and policy;
· Nature of statutory roles including consideration of:
· Does infrastructure SA have a statutory planning role?
· Does Infrastructure SA have project intervention powers?
· What does Infrastructure SA publish and when (annual reports, strategy plans)?
· What does Infrastructure SA release and to whom? Is it tabled?
· What powers does Infrastructure SA have to compel certain information (if any)?
· Relationship to the Commonwealth government;
· Nature of the interrogation and approval of project business plans / investment decisions; this should include specific advice on the role of ISA in relation to business case preparation, review and endorsement;
· Basis of project or other referrals from executive government;
· Basis of board to ‘self-refer’ projects, policies or anything else for inquiry;
· Relationship to project delivery roles within government departments; and
· Basis of project oversight and ex-post measurement role on business cases including the level of transparency on cost / scope / time performance assessment within government or publicly.
3. Development of a recommended structure for the board. Key considerations include:
· Structure composition (number of members, skills mix etc.), taking into account existing government commitments;
· Role of independent chairperson, directors and government representatives; and
· Relationship with any Cabinet sub-committees, including any role it might play in relation to the budget process.
4. Development of recommendations on the structure and location of the unit / secretariat that supports Infrastructure SA. Key considerations include:
· Size and structure of the group including recommended organisational chart and high-level role descriptions;
· Appropriate mix of staff including permanent seconded staff and skill mix;
· Recommended location within government;
· Role and involvement in government arrangements (e.g. Cabinet process); and
· Recommended annual / operating budget including staffing, overheads and other costs such as provision of external advice. (collectively scope)
There will need to be consultation with selected SA government representatives/ministers to prepare this advice, as agreed with DPC.
The scope does not extend to selection of individual staff or board members or development of detailed drafting instructions.
The market approach was direct negotiation with KPMG Australia. As part of this process, KPMG Australia was requested to provide a quote and methodology to deliver the services. Negotiations were then based on the quote provided and discussions with the supplier.
The purpose of the negotiation process was therefore to confirm the requirements for the provision of the consultancy services and agree on the services to be delivered, to establish appropriate terms and conditions (including term and price), and to ensure that value-for-money is obtained in the procurement process.
2. NEGOTIATION OUTCOMES
A negotiation meeting was held and KPMG Australia provided its quote to the Department of the Premier and Cabinet (“DPC”) on 23 April 2018. The quote and related discussions confirmed the requirements for the provision the consultancy services and agreement was reached on the services to be delivered.
Specifically, KPMG Australian will provide consultancy services that:
· Comparatively assess existing infrastructure bodies to inform the most appropriate model for South Australia;
· Assist in the development of appropriate terms of reference for Infrastructure SA;
· Assist in the development of an appropriate structure for Infrastructure SA board; and
· Assist in the development of the structure of the governmental unit that supports Infrastructure SA.
The costs for the consultancy services are as outlined below:
Days
· 10% upon execution of the agreement.
· 60% upon delivery of the draft report.
· 30% upon delivery of the final report.
The agreed timeframe is as follows:
Milestone
4 May 2018
Draft report provided
17 May 2018
Final report issued
3. UPDATED KEY PROJECT RISKS
The following updated key project risks have been identified:
Risk
Impact
Likelihood
Government policies not followed.
Delay in approvals.
Lack of probity.
Potential for repeat procurement process.
Unlikely
High
Standard terms and conditions of contract.
Incorrect or inappropriate respondent contractual expectations. Unworkable contract.
Possible
High
The contract is not managed appropriately.
Standard contract management plan template.
Deviations from contractual requirements.
Seek specialist assistance. Develop relevant key performance indicators.
Contractor fails to meet targets for time, cost, quantity and/or quality and/or does not have the capacity to meet requirements.
Standard terms and conditions of contract. Standard contract management plan template.
Inability to deliver goods and/or services. Delay to overall project timetable. Contract disputes.
Possible
High
Failure to achieve overall project timeframe and meet specific deadlines.
No capability to provide goods and/or services beyond deadline.
Possible
High
4. CONTRACTUAL ARRANGEMENTS
The standard State Procurement Board goods and services contract will be used for the provision of the services.
The maximum contractual term is three (3) weeks at an estimated total cost of $126,500 (GST inclusive).
Ben Wilson, Director, Economic Strategy will manage the contract.
The key deliverables form part of the contract. There are a number of special terms and conditions included in the contract. These conditions relate to intellectual property rights, contract disclosure, liability and confidentiality. The liability of the supplier will be limited in accordance with the relevant scheme the Professional Standards Act 2004 (SA).
5. PUBLIC AUTHORITY SPECIFIC ARRANGEMENTS
Nil.
6. RECOMMENDATION
It is recommended that a contract is offered to KPMG Australia for the provision of consultancy services in support of the establishment of Infrastructure SA for a period of three (3) weeks at an estimated total value of $126,500 (GST inclusive).
Prepared by:
Signature:
Name:
SIMPLE ACQUISITION PLAN
and
Project Name:
Department:
Title of project:
Name:
Confirm business decision approval has been obtained (for all procurements of consultants where the value exceeds $11,000):
|X| Yes
|X| Period contract
|_| Medium
|_| High
If low risk, will a default liability cap apply (set at one to five times the contract value)?
|_| Yes
|_| No
1. PUBLIC AUTHORITY REQUIREMENTS
To support the establishment of Infrastructure SA and to help the South Australian government synthesise the learning from the establishment of similar bodies around the country, it is proposed to procure the services of an external expert in the area infrastructure planning and governance.
The external supplier will assist with the establishment of Infrastructure SA by:
1. Undertaking a comparative assessment of existing bodies to inform the most appropriate model for South Australia. This will include:
· Comparison of legislative powers;
· Comparison of board composition;
· Comparison of chair, board and executive remuneration levels and determination mechanism, within the context of South Australian government arrangements;
· Comparison of operating budgets; and preparation of lessons learnt summary based on stakeholder consultation.
2. Develop a recommended terms of reference for Infrastructure SA that takes into account the comparative assessment of other bodies, the roles of existing state government departments and other committees (e.g. South Australian Productivity Commission) and relationship to the Commonwealth government and other key stakeholders. Key considerations include:
· Nature of long-term strategy (e.g. 2036 infrastructure plan) and shorter five-year infrastructure plan / capital intentions statement;
· Any role in undertaking other planning or sdtrategic work or linkages to work undertaken by government departments;
· What does Infrastructure SA publish and when?
· Relationship to other government departments and interface to the Commonwealth government;
· Nature of the interrogation and approval of project business plans / investment decisions;
· Structure composition;
· Relationship with any Cabinet sub-committees.
· Appropriate mix of staff including permanent seconded staff;
· Recommended annual / operating budget including staffing, overheads and other costs such as provision of external advice.
Contractual arrangements:
The maximum contractual term is three (3) weeks at an estimated total cost of $120,000 (GST inclusive). The estimated cost includes $110,000 (GST inclusive) to deliver the services and $10,000 (GST inclusive) for disbursements.
2. KEY PROJECTS RISKS
Risk
Impact
Likelihood
Delay in approvals.
Lack of probity.
Unlikely
High
Possible
High
Possible
High
Possible
High
3. PROBITY
No potential conflicts of interest have been identified in relation to this acquisition. Negotiation team members will be required to declare any potential conflicts of interest and to maintain confidentiality.
The negotiation strategy was developed to ensure transparency and fairness in the procurement process. The negotiation process will observe the highest standards of integrity, probity and professional conduct in determining the department’s preferred contractual position.
All negotiation team members are familiar with the appropriate sections of the State Procurement Act 2004 and related policies, and will follow due process.
The procurement process will be appropriately documented and retained, which will allow for an auditable process.
4. MARKET APPROACH
The State Procurement Board (“Board”) Simple Procurement Policy requires that for procurements valued between $33,000 and $220,000 a minimum of three quotes, with one from a South Australian business, must be sought where possible.
Market research identified a number of organisations capable of undertaking this work. These organisations have skills and expertise in financial advisory, policy development, statutory and legislative advice, and experience in the area of infrastructure planning and governance.
However, as there is an urgent requirement for the commencement of Infrastructure SA, there is an urgent requirement to contract an external organisation to deliver the required consultancy services.
Subsequently, there is a need to specifically target those organisations that have very high level expertise and experience in provide advice in the area of infrastructure planning and governance.
The market research identified that KPMG Australia has an appropriate resource that will satisfy the government’s requirements. Brendan Lyon (KPMG partner) is an expert in infrastructure governance and has the current capacity and capability to deliver the required services. Brendan has been involved in the provision of advice in support of the establishment of a number of national and state infrastructure bodies (Infrastructure Australia, Infrastructure NSW, Infrastructure Victoria, Building Queensland, and Infrastructure WA) and has unique insights and experience that will help South Australia quickly deliver an effective and efficient functioning body.
Therefore, in accordance with the Board Simple Procurement Policy, the selection of a single supplier complies with the following legitimate reasons for limiting the number of suppliers:
· ‘only a limited number of suppliers with the capability, experience and suitability to meet the public authority’s needs and no alternative or substitute exists’; and
· ‘a response to an urgent government policy decision’.
KPMG Australia will be requested to provide a quote and methodology to deliver the services.
5. NEGOTIATION STRATEGY
The Economic Priorities unit, led by Ben Wilson, Director, Economic Strategy will be responsible for undertaking negotiations with the selected supplier.
The purpose of the negotiations will be to confirm the requirements for the provision of the consultancy services and agree on the services to be delivered, to establish appropriate terms and conditions (including term and price), and to ensure that value-for-money is obtained in the procurement process.
Specifically, the aims of the government through the negotiation process are to:
· Obtain consultancy services that:
· Obtain the services of a highly skilled and experience expert to support the government in the establishment of Infrastructure SA;
· Agree to terms and conditions for the provision of the services that meet the desired timeframes and costs for the project;
· Retain ownership of all relevant documentation produced as a result of the provision of the services; and
· Maintain appropriate confidentiality in the establishment of legislative and governance frameworks prior to the commencement of Infrastructure SA.
The main strengths and weaknesses of the government are as follows:
· Strengths:
· Attractiveness of providing consultancy services to and having influence in the establishment of Infrastructure SA;
· There are other suppliers with the potential to provide substitute services (albeit not as experienced and skilled as the preferred supplier) should a contract not be agreed to with the preferred supplier; and
· The benefits of Infrastructure SA should outweigh any initial set up costs.
· Weaknesses:
· Limited timeframes required for the establishment of Infrastructure SA likely to compromise obtaining the best value-for-money outcome (willing to pay a premium for meeting the set timeframes);
· The high level skills and experience offered by the preferred supplier will come at a cost and may also compromise obtaining the best value-for-money outcome and may also negatively impact obtaining the most appropriate terms and conditions of contract (may need to sacrifice certain strength in terms and conditions such as ownership of work to obtain the services of the preferred supplier).
Negotiations will be based on the quote provided and discussions with the selected supplier. The negotiation team will attempt to obtain the best value-for-money outcome while achieving all aims as outlined above. The negotiation team will undertake negotiations with consideration of the strengths and weaknesses identified above.
6. INDICATIVE KEY MILESTONES
Nil.
8. RECOMMENDATION
It is recommended that this acquisition plan is approved. The estimated total cost of this acquisition is $120,000 (GST inclusive).The market approach will be direct negotiation. The proposed contract term is for a period of three (3) weeks.
Prepared by:
Signature:
Name:
(for procurements valued greater than $33,000, less than $220,001 and
associated with a secondary procurement process)
Project Name:
APPLICATION OF THIS TEMPLATE
This template is issued by the Accredited Purchasing Unit in accordance with its authority under the Department of the Premier and Cabinet Procurement Governance Policy and the Department of Treasury and Finance COR168: Procurement Governance Policy.
This template is mandated for use throughout the Department of the Premier and Cabinet and the Department of Treasury and Finance where the following applies:
Procurements associated with a secondary procurement process
1. This template may be used for procurement projects associated with a secondary procurement process where the procurement is valued between $33,000 and $220,000 and is for homogenous goods and/or services or for goods and/or services where the majority of the evaluation process has been undertaken in the establishment of the across-government contract.
Details of any exemptions to the mandated use of this template are included in the Department of the Premier and Cabinet Procurement Governance Policy and the Department of Treasury and Finance COR168: Procurement Governance Policy.
PLEASE NOTE:
1. The level of detail provided in this report should be commensurate with the nature, value and risk of the procurement, and the endorsing and approving delegates must be provided with sufficient information to make an informed decision.
2. All values referred to in this template are inclusive of GST.
3. Approval of this document MUST be obtained prior to contract execution.
SUBMISSION SUMMARY
Title of project:
Name:
Title:
Telephone:
Email:
Confirm business decision approval was obtained (for all procurements of consultants where the value exceeds $11,000):
|_| Yes
|_| No
|_| Economic contribution test
|_| Yes
|_| No
|_| Yes
· Summarise project background;
· Define the required deliverables; and
· Include consideration of the context of the procurement in terms of public value to describe why the expenditure of public funds is justified (with attached specifications if required).
2. KEY PROJECT RISKS
Project managers should have regard to the State Procurement Board ‘Risk Management Guideline’ and the DPC ‘Risk Management Policy’ in completing this section.
Identify and list any key risks involved with this acquisition including supply, business, work health and safety, environmental and public safety and political or sensitivity risks. Ensure that any significant risks are addressed.
Determine the overall risk rating for the acquisition, and if low risk, state whether the default liability cap (set between one to five times the contract value) will apply as set out in the SAFA guidelines).
The following key risks have been identified:
Risk
Impact
Likelihood
3. PROBITY
Document a summary probity plan that considers issues such as potential or actual conflict of interest, how these issues will be managed and any audit requirements.
4. EVALUATION SUMMARY
· Briefly summarise the market approach;
· Identify evaluation criteria;
· Identify evaluation team;
· Briefly summarise any conflicts of interest; and
· Summarise the negotiation strategy.
Industry participation policy:
The economic contribution test must be used to differentiate between bids that represent good value and meet requirements. Minimum of three quotes, with one from a South Australian business, must be sought where possible.
**Where an exemption has been granted by the Executive Director, Public Projects and Participation (Department of State Development) in relation to the economic contribution test (in accordance with the South Australian industry participation policy - procedural guidelines) relevant details must be included.**
5. EVALUATION OUTCOMES
Identify number of responses sought and received, and names of the respondents.
Provide details of the evaluation process including the merits of all respondents and justification of the selection.
Industry participation policy:
Summary details of the economic contribution test assessment and outcome must be provided. Details should include weighting applied, test scores, and labour hours.
**Where an exemption has been granted by the Executive Director, Public Projects and Participation (Department of State Development) in relation to the economic contribution test (in accordance with the South Australian industry participation policy - procedural guidelines) relevant details must be included.**
7. PUBLIC AUTHORITY SPECIFIC REQUIREMENTS
Provide any other relevant information that may not have already been covered elsewhere in this report.
8. RECOMMENDATION
Complete the following statement.
The evaluation team recommends that a contract be offered to (insert name of preferred respondent) for the provision of (insert brief description of goods / services) for a period of (insert term of the proposed contract including options to extend). The estimated value of the proposed contract for the initial term is (insert GST inclusive dollar value). The estimated value of the proposed contract for the maximum term is (insert GST inclusive dollar value).
The evaluation team must sign this section.
Evaluation Team
Signature:
Name:
Position:
Date:
(DPC projects only. Delete signature block if not required).
Signature:
Name:
Position:
Date:
(DPC ICT projects only. Delete signature block if not required).
Signature:
Name:
Position:
Date:
Signature:
Name:
Position:
Date:
If you have any queries on this template please contact Procurement Services:
Telephone: 8226 2605
Adelaide SA 5000
For Official Use Only-I1-A1
Please find attached the simple procurement report template (which can be used instead of a separate acquisition plan and purchase recommendation) and a copy of the acquisition plan and purchase recommendation for the recent Infrastructure SA consultancy for your reference / use – these example documents should provide you with enough reference material to complete the simple procurement report. Please let me know if you require any advice in completing the report.
Once the report is completed, can you please forward the draft contract to Justin, who will vet it for you before sending it to the contractor.
Thanks,
Leigh Miller Manager Procurement Department of the Premier and Cabinet
Level 7, Westpac House 91 King William Street Adelaide SA 5000 GPO Box 11030 Adelaide SA 5001 DX 702
t +61 8 8226 2605 e [email protected]
Infrastructure SA - Puchase Recommendation (Final) v1.0F.docx Infrastructure SA - Acquisition Plan (Final).docx Template - Simple Procurement Report.docx image002.jpg
From: Sara, Justin (DPC) Sent: Monday, 21 May 2018 9:58 AM To: Blieschke, Jeremy (DPC) <[email protected]> Cc: Miller, Leigh (DPC) <[email protected]> Subject: FW: Procurement for Wayne Eagleson - example documents and template
Jeremy,
This is the documentation provided to Kelly last week.
Once the procurement is signed off by the CE, I will prepare the contract for Wayne.
Justin Sara Deputy Chief Procurement Officer Department of the Premier and Cabinet
Tel 08 8462 1506 Mobile 0401 710 866 [email protected] www.dpc.sa.gov.au
GPO Box 11030, Adelaide SA 5001 cid:[email protected]
Information contained in this e-mail message may be confidential and may also be the subject of legal professional privilege or public interest immunity. If you are not the intended recipient, any use, disclosure or copying of this document is unauthorised.
From: Miller, Leigh (DPC) Sent: Friday, 18 May 2018 11:40 AM To: Biggins, Kelly (DPC) Cc: Sara, Justin (DPC) Subject: Procurement for Wayne Eagleson - example documents and template
Hi Kelly,
Justin Sara has asked me to forward to you some example documents and the simple
7
SIMPLE PURCHASE RECOMMENDATION
and
Project Name:
Department:
Title of project:
Name:
|X| Period contract
|X| Yes
|X| Yes
|_| Yes
|_| No
1. BRIEF DESCRIPTION OF PROJECT
To support the establishment of Infrastructure SA and to help the South Australian government synthesise the learning from the establishment of similar bodies around the country, the services of an external expert in the area infrastructure planning and governance are required.
The supplier will assist with the establishment of Infrastructure SA by:
1. Providing advice on lessons learnt from the operation of existing iBodies and what it means for the most appropriate model for South Australia. This will include consideration of:
· legislative powers;
· chair, board and executive remuneration levels and determination mechanism, within the context of South Australian government arrangements;
· operating budgets.
2. Develop recommended objectives, functions and powers for Infrastructure SA that takes into account the government’s election commitments, establishment and operation of other iBodies, the roles of existing state government agencies and relationship to the Commonwealth government, local government, private infrastructure providers and other key stakeholders. Key considerations include:
· Nature of long-term strategy and shorter five-year infrastructure plan / capital intentions statement, including scope of infrastructure to be included;
· Division of roles and working relationship between ISA and other South Australian Government administrative units with infrastructure related responsibilities, including DPTI, Renewal SA, Office of the Coordinator General, DTF, and other service delivery agencies, (e.g. health, education, justice, arts). This could cover consideration of the functions of infrastructure planning, prioritisation, funding, delivery, evaluation, performance monitoring, reform and policy;
· What does Infrastructure SA publish and when (annual reports, strategy plans)?
· Relationship to the Commonwealth government;
· Nature of the interrogation and approval of project business plans / investment decisions; this should include specific advice on the role of ISA in relation to business case preparation, review and endorsement;
· Structure composition (number of members, skills mix etc.), taking into account existing government commitments;
· Role of independent chairperson, directors and government representatives; and
· Relationship with any Cabinet sub-committees, including any role it might play in relation to the budget process.
· Appropriate mix of staff including permanent seconded staff and skill mix;
· Recommended annual / operating budget including staffing, overheads and other costs such as provision of external advice. (collectively scope)
There will need to be consultation with selected SA government representatives/ministers to prepare this advice, as agreed with DPC.
The scope does not extend to selection of individual staff or board members or development of detailed drafting instructions.
The market approach was direct negotiation with KPMG Australia. As part of this process, KPMG Australia was requested to provide a quote and methodology to deliver the services. Negotiations were then based on the quote provided and discussions with the supplier.
The purpose of the negotiation process was therefore to confirm the requirements for the provision of the consultancy services and agree on the services to be delivered, to establish appropriate terms and conditions (including term and price), and to ensure that value-for-money is obtained in the procurement process.
2. NEGOTIATION OUTCOMES
A negotiation meeting was held and KPMG Australia provided its quote to the Department of the Premier and Cabinet (“DPC”) on 23 April 2018. The quote and related discussions confirmed the requirements for the provision the consultancy services and agreement was reached on the services to be delivered.
Specifically, KPMG Australian will provide consultancy services that:
The costs for the consultancy services are as outlined below:
Days
· 10% upon execution of the agreement.
· 60% upon delivery of the draft report.
· 30% upon delivery of the final report.
The agreed timeframe is as follows:
Milestone
4 May 2018
Draft report provided
17 May 2018
Final report issued
3. UPDATED KEY PROJECT RISKS
The following updated key project risks have been identified:
Risk
Impact
Likelihood
Delay in approvals.
Lack of probity.
Unlikely
High
Possible
High
Possible
High
Possible
High
The standard State Procurement Board goods and services contract will be used for the provision of the services.
The maximum contractual term is three (3) weeks at an estimated total cost of $126,500 (GST inclusive).
Ben Wilson, Director, Economic Strategy will manage the contract.
The key deliverables form part of the contract. There are a number of special terms and conditions included in the contract. These conditions relate to intellectual property rights, contract disclosure, liability and confidentiality. The liability of the supplier will be limited in accordance with the relevant scheme the Professional Standards Act 2004 (SA).
5. PUBLIC AUTHORITY SPECIFIC ARRANGEMENTS
Nil.
6. RECOMMENDATION
It is recommended that a contract is offered to KPMG Australia for the provision of consultancy services in support of the establishment of Infrastructure SA for a period of three (3) weeks at an estimated total value of $126,500 (GST inclusive).
Prepared by:
Signature:
Name:
SIMPLE ACQUISITION PLAN
and
Project Name:
Department:
Title of project:
Name:
Confirm business decision approval has been obtained (for all procurements of consultants where the value exceeds $11,000):
|X| Yes
|X| Period contract
|_| Medium
|_| High
If low risk, will a default liability cap apply (set at one to five times the contract value)?
|_| Yes
|_| No
1. PUBLIC AUTHORITY REQUIREMENTS
To support the establishment of Infrastructure SA and to help the South Australian government synthesise the learning from the establishment of similar bodies around the country, it is proposed to procure the services of an external expert in the area infrastructure planning and governance.
The external supplier will assist with the establishment of Infrastructure SA by:
1. Undertaking a comparative assessment of existing bodies to inform the most appropriate model for South Australia. This will include:
· Comparison of legislative powers;
· Comparison of board composition;
· Comparison of chair, board and executive remuneration levels and determination mechanism, within the context of South Australian government arrangements;
· Comparison of operating budgets; and preparation of lessons learnt summary based on stakeholder consultation.
2. Develop a recommended terms of reference for Infrastructure SA that takes into account the comparative assessment of other bodies, the roles of existing state government departments and other committees (e.g. South Australian Productivity Commission) and relationship to the Commonwealth government and other key stakeholders. Key considerations include:
· Nature of long-term strategy (e.g. 2036 infrastructure plan) and shorter five-year infrastructure plan / capital intentions statement;
· Any role in undertaking other planning or sdtrategic work or linkages to work undertaken by government departments;
· What does Infrastructure SA publish and when?
· Relationship to other government departments and interface to the Commonwealth government;
· Nature of the interrogation and approval of project business plans / investment decisions;
· Structure composition;
· Relationship with any Cabinet sub-committees.
· Appropriate mix of staff including permanent seconded staff;
· Recommended annual / operating budget including staffing, overheads and other costs such as provision of external advice.
Contractual arrangements:
The maximum contractual term is three (3) weeks at an estimated total cost of $120,000 (GST inclusive). The estimated cost includes $110,000 (GST inclusive) to deliver the services and $10,000 (GST inclusive) for disbursements.
2. KEY PROJECTS RISKS
Risk
Impact
Likelihood
Delay in approvals.
Lack of probity.
Unlikely
High
Possible
High
Possible
High
Possible
High
3. PROBITY
No potential conflicts of interest have been identified in relation to this acquisition. Negotiation team members will be required to declare any potential conflicts of interest and to maintain confidentiality.
The negotiation strategy was developed to ensure transparency and fairness in the procurement process. The negotiation process will observe the highest standards of integrity, probity and professional conduct in determining the department’s preferred contractual position.
All negotiation team members are familiar with the appropriate sections of the State Procurement Act 2004 and related policies, and will follow due process.
The procurement process will be appropriately documented and retained, which will allow for an auditable process.
4. MARKET APPROACH
The State Procurement Board (“Board”) Simple Procurement Policy requires that for procurements valued between $33,000 and $220,000 a minimum of three quotes, with one from a South Australian business, must be sought where possible.
Market research identified a number of organisations capable of undertaking this work. These organisations have skills and expertise in financial advisory, policy development, statutory and legislative advice, and experience in the area of infrastructure planning and governance.
However, as there is an urgent requirement for the commencement of Infrastructure SA, there is an urgent requirement to contract an external organisation to deliver the required consultancy services.
Subsequently, there is a need to specifically target those organisations that have very high level expertise and experience in provide advice in the area of infrastructure planning and governance.