Project Management Contract Administrator Services – s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood

DISCLOSURE LOG - FOI 25/26-0450 DOCUMENT 1

Project Management Contract Administrator Services – redacted: s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood

The contents of this document are OFFICIAL.

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Contents

Statement of Requirement Project Management Contract Administrator Services – s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood 1 Contents 2

1. Introduction 3
2. Background 3
3. Scope 4
4. Capacity of PMCA 6
5. Site Requirements 6
6. Site Specific Information 7
7. Proposed program of works 7
8. Attachments 10 s22(1)(a)(ii) - irrelevant material 11 s22(1)(a)(ii) - irrelevant material 12 Attachment B.3 – Parramatta, Existing Floor Plan, Ground Floor 13

  Attachment B.4 – Chatswood, Existing Floor Plan, Level 3                  14

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1. Introduction

The National Disability Insurance Agency (the Agency) is developing existing premises at three locations at redacted: s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood to support our corporate and service delivery requirements.

2. Background

The Agency currently operates at these three locations: a) redacted: s22(1)(a)(ii) - irrelevant material b) Ground Floor, 2-12 Macquarie St, Parramatta NSW 2150 c) Level 3, 67 Albert Road, Chatswood NSW 2067.

To expedite delivery of the capital works, the Agency will deliver the project under an outsourced model. This model will entail the engagement of a single Project Management Contract Administrator (PMCA) by the Agency to oversee all project components, including the design consultancy, subconsultants, and the selection and coordination of the Head Contractor (HC) for the tenancy fit-out. The project is scheduled to commence in February 2024 with practical completion by June 2025.

The design must comply with all statutory and legislative requirements and Australian Standards applicable at the date of building approval. Including, but not limited to:

       - the National Construction Code

       - Disability Discrimination Act (DDA)

       - AS1428.1 Design for Access and Mobility
       - The Work Health and Safety Act 2011

       - Ecologically Sustainable Development and Whole of Life objectives

       - Modern Slavery

       - WHS Accreditation

       - Commonwealth Supplier code of conduct

       - Australian Human Rights Commission Act 1986 (AHRC) advisory notes and
       - The Building Code 2019 administered by the Australian Building and
         Construction Commission

There are further expert assessments and determinations required, in relation to Accommodation principles, Agency guidelines and legislative compliance including: Additional considerations include but are not limited to:

      - NDIA Design Guidelines – Refer Attachment C

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• Universal Design Principles assessment and compliance
• Design for Dignity assessment and compliance
• Deafness in Design assessment and compliance

3. Scope

NDIA will engage a Project Management Contract Administrator (PMCA) to deliver the project and engage trades through to completion including Defects Liability Period (DLP). The DLP shall remain in force for a period not less than 12 months from the agreed Practical Completion (PC) date. NDIA will oversee the Project, and the PMCA will manage stakeholder relationships to ensure delivery to budget, timeline and project scope.

Before commencing on site preparation, the Head Contractors site staff and PMCA must ensure that all necessary documents are submitted for security clearance to the NDIA at least two weeks in advance.

The Head Contractor (HC), once engaged by the PMCA, will be responsible for site safety, WHS and security compliance. The HC shall also ensure that all licencing and insurances required by the NDIA under the head agreement for works are suitable, current and may be provided in hard and/or soft copy when requested by the Agency.

All contractors shall be always supervised by the HC’s representative. All personnel working on site will be nominated and cleared by the NDIA security team in advance of commencing any site works.

The scope requirements of the Project include PMCA services for the Agency’s capital works project at each location includes, but is not limited to:

a) The PMCA services role is critical in acting as a conduit between the Agency and the
  HC, sub-contractors, and sub-consultants. In some instances, as directed by NDIA
   the PMCA role includes liaison with the Landlord or Building Manager. The PMCA is
   responsible for ensuring project completion is on time, within budget and within the
  agreed scope of work and handover and deliverables, as detailed in the contract
  between the Agency and the PMCA, and between the PMCA and the HC (Work
   Order).
b) Overseeing and managing all aspects of design, including the Design Consultant and
   sub-consultants to achieve detailed design documentation suitable for construction
  and  in accordance with the NDIA Design Guidelines, statutory and  legislative
   requirements and additional considerations detailed in Section 2.

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c) Overseeing and managing all aspects of construction and fit-out including procurement of selection and management of the Head Contractor and associated Subcontractor services including demolition and disposal of existing where required, and provision and installation of all Fixtures, Fittings and Equipment (FFE) as per the design. d) Design, procurement and installation of all Security and ICT related works for this project as detailed in the NDIA Design Guidelines which encompass requirements of the Protective Security Policy Framework (PSPF) and ICT Guidelines. e) The project encompasses comprehensive demolition works, including the safe and efficient removal of existing structures and materials. This will be executed in strict adherence to all relevant safety standards and environmental regulations. f) Additionally, the PMCA shall manage all necessary plans and permits, ensuring compliance with local, state and federal requirements. This includes obtaining demolition permits, coordinating with utility companies for service disconnections, and preparing detailed site plans. The PMCA shall ensure minimal disruption to surrounding areas and facilitate a seamless transition to the subsequent phases of the construction / fit-out project. g) Project handover inclusive of managing a 12-month DLP. h) Development and management of project documentation for NDIA review including: i. Project Program ii. Project Risk Management Plan iii. Site Safety Management Plan iv. Supplier Sustainability Environmental Plan v. Design documentation at concept, 30%, 50%, 90%, Issued for Tender (IFT), Issued for Construction (IFC) and As-built. vi. Design and Construction contract tender and evaluation documentation. vii. Quality control documentation, specifications, certificates, warranties, Operations and Maintenance manuals and handover documentation as relevant viii. A detailed asset register on completion. ix. Defects register. x. O&M documentation xi. Other reasonable relevant documentation as agreed between NDIA and the PMCA

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4. Capacity of PMCA

The PMCA is an independent Specialist service provider and is not and must not claim to be a partner or joint venture of the Agency. Other than as expressly authorised by the Agency in writing, the PMCA has no authority to and must not enter any contracts, commitments or other legal documents or arrangements in the name of, or on behalf of, the Agency, or take any act or step to bind or commit the Agency in any manner, whether as a disclosed agent of the Agency or otherwise.

In relation to the Head Contract, the PMCA will fulfill the expressly stated role and functions of the Contract Administrator under the Head Contracts as disclosed agent for the Agency and not as an independent certifier, assessor, or valuer. Other than executing the Head Contracts as the Agency’s disclosed agent, and other than performing its role and functions as Contract Administrator as disclosed agent for the Agency, the PMCA is not authorised to act as the Agency’s agent in relation to the administration or performance of the Head Contracts, and must not take any act or step to bind or commit the Agency in any manner, whether as a disclosed agent of the Agency or otherwise.

In relation to other contracts – If the Agency expressly authorises the PMCA in writing to enter into and to administer as the Agency’s representative any other contract as disclosed agent for the Agency, then the terms and conditions will also apply to that arrangement as if the other contract was a Head Contract, except to the extent that the terms of any particular authorisation by the Agency states otherwise.

The PMCA is to provide timely and effective project management expertise, to ensure the construction fit-out project is completed on time, to the highest quality and safety standards, within budget and within the agreed scope of work. The PMCA will confirm project timing with the Agency Project Director at an initial construction fit-out project initiation meeting (date and time to be confirmed). Thereafter, timing will be reviewed periodically, jointly by the PMCA and Agency Project Manager, to ensure that all parties are fully aware of any project timeline advances and/or delays.

5. Site Requirements

This paper, in conjunction with the NDIA Design Guidelines, defines the requirements for the fit-out of the existing three locations at redacted: s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood to deliver a functional and usable service delivery site and corporate office compatible with the Forward Property Plan. This will be achieved by the Agency working in partnership with the

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engaged PMCA, architects, HC, sub-contractors, and sub-consultants, towards a common purpose and goal.

The three locations and their respective Nett Lettable Areas are: -

   a) `redacted: s22(1)(a)(ii) - irrelevant material`
   b) Ground Floor, 2-12 Macquarie St, Parramatta NSW 2150 – 1,221 sqm
    c) Level 3, 67 Albert Road, Chatswood NSW 2067 – 1,111 sqm

The sites require multidisciplinary preparation, including but not limited to electrical, hydraulic, mechanical, physical, and electronic security, lighting, and data network where required. All works on site must comply with the NDIA Design Guidelines and Protective Security Policy Framework (PSPF) and be consistent with legislative and statutory design principles as applicable to NDIA tenancies. The Design Consultant should consult the NDIA Design Guidelines and the RFQ for detailed specifications in all areas and with all team requirements.

6. Site Specific Information

The proposed works will require review of Attachment B – Existing Floor Plans. Site specific arrangements will be discussed during pre-tender inspections and additionally during the site mobilisation process in consultation with the Base Building Manager. Site arrangements shall include, but are not limited to:

-  access restrictions (e.g., loading dock access hours).

-     lift access.

-   surface protection.

-   location of site for materials delivery and storage.

-  waste removal arrangements.

-   security arrangements for after-hours works.

-   building management contact.

-   noisy works.

-  high impact / dust control works.

-   electrical and or services isolations; and

-   penetrations and required scanning works.

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7. Proposed program of works

The below table is an estimation of the expected duration of deliverables under this PMCA engagement. The expectation is that the three individual projects in the program will occur concurrently. The final program for each individual site will be finalised by agreement between the Agency and the Service Provider to meet the Practical Completion date.

It is anticipated that the time to complete the design will be approximately 30 days, as demonstrated in the table below.

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| Design - IFC | marks the completion of the project design stage, where the final design is handed over for construction purposes. | 3 days | | HOLD POINT | NDIA IFC review | 2 Days | | Construction | Documentation to be sent to selected builder to commence building | 1 day |

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8. Attachments

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DISCLOSURE LOG - FOI 25/26-0450s22(1)(a)(ii) - irrelevant material

DISCLOSURE LOG - FOI 25/26-0450s22(1)(a)(ii) - irrelevant material

Attachment B.3 – Parramatta, Existing Floor Plan, Ground Floor

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Attachment B.4 – Chatswood, Existing Floor Plan, Level 3

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DISCLOS US a ASH e 15/26 04.50) HOUMA) 2 OFFICIAL

nels

Evaluation Plan

PROC-5000 - Project Management Contractor Administrator Services — redacted: s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood Projects

Version: 0.2 Date: 22 November 2024 Business Owner: Corporate, Information, and Property Services Branch

Procurement Manager: Kristian redacted: s22(1)(a)(ii) - irrelevant material

Procurement Adviser: Julie redacted: s22(1)(a)(ii) - irrelevant material

The contents of this document are OFFICIAL.

ndis.gov.au

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Contents

1. Purpose 3

2. Definitions 3

3. Overview 7

3.1   References                                                7

3.2   Requirements and Deliverables                                7

3.3    Evaluation Schedule                                         7

4. Roles and Responsibilities 8

4.1    Approvals and Delegations                                    8

4.2    Financial Delegate                                           8

4.3    Evaluation Chair                                            8

4.4    Evaluation Team                                            9

5. Probity and Conflicts of Interests 10

6. Evaluation Process and Methodology 10

6.1    Receipt of Submissions                                      10

6.2    Protocols for handling Submissions and evaluation materials        10

6.3    Evaluation Criteria                                          11

6.4    Evaluation methodology                                     13

  6.4.1   Stage 1: Initial Screening                                  13

  6.4.2   Stage 2: Technical Evaluation (Evaluation Criteria 1- 6)          13

  6.4.3   Stage 3: Pricing Evaluation (Evaluation Criterion 7)              14

  6.4.4   Solvency, compliance, and Procurement Policy requirements      14

  6.4.5    Verification activities                                      15

  6.4.6   Stage 4: Value for Money and Final Determination              15

6.5    Evaluation Report                                          16

6.6    Negotiations                                               16

6.7    Audit Trail                                                16

7. Evaluation Plan Approval 18

Attachment A – Request Documentation 19

Attachment B – Evaluation Scoring Guide 20

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1. Purpose

This Evaluation Plan (Plan) details the process for evaluating submissions received in response to the National Disability Insurance Agency (Agency) Approach to Market (RFQ) PROC-5000 – For the Provision of Project Management Contract Administrator (PMCA) Services – at three existing locations at redacted: s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood, anticipated to be released on 2 December 2024.

The existing locations are: - a) redacted: s22(1)(a)(ii) - irrelevant material b) Ground Floor, 2-12 Macquarie St, Parramatta NSW 2150 c) Level 3, 67 Albert Road, Chatswood NSW 2067.

The objective of the evaluation is to determine which submission best meets the Agency’s requirements and provides best value for money.

This Plan provides the methodology for the evaluation of Submissions and details the responsibilities of the Evaluation Team. Officials undertaking an evaluation process for this procurement must comply with the evaluation methodology approved in this Plan. Failure to comply with this Plan may compromise the probity of the procurement process.

2. Definitions

The definitions related to this Evaluation Plan are below:

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3. Overview

3.1 References

This Plan should be read in conjunction with:

a) The Proposal to undertake a Procurement, “PROC-5000 - PUP - PMCA Services – redacted: s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood V0.2” b) The RFQ Request Documentation for PROC-5000 – For the Provision of Project Management Contract Administrator Services – redacted: s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood at Attachment A, and the c) NDIA Probity Protocol.

3.2 Requirements and Deliverables

A Statement of Requirements is provided in the RFQ Request Documentation. This Evaluation Plan should be read in conjunction with that Statement of Requirement.

3.3 Evaluation Schedule

The evaluation schedule for this procurement is detailed in Table 1 below:

Table 1: Indicative Evaluation Schedule

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4. Roles and Responsibilities

4.1 Approvals and Delegations

Table 2 below sets out the delegates responsible for approving actions, and persons/ bodies who will provide review and advise of actions.

Table 2: Approvals and Delegation

4.2 Financial Delegate

The role of the Financial Delegate is to:

a) approve this Plan and any material changes to this Plan,

b) approve the Evaluation Report and the Approval to enter into an Agreement,

c) as required, approve the initial screening report, set aside recommendations,
   negotiation directive and negotiation report, and

d) ensure that this evaluation process complies with this Plan, the NDIA Procurement Policy and NDIA Probity Protocol.

4.3 Evaluation Chair

The responsibilities of the Chair include:

a) ensuring that the Evaluation Team members are aware of and comply with the requirements of this Plan,

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b) seeking specialist advice where required,

c) managing the evaluation of each response against the requirements of the
RFQ Request Documentation in accordance with this Plan, and

d) ensuring that the Evaluation Report reflects the consensus view of the Evaluation Team and that any dissenting views are documented as required in Section 6.5 of this Plan.

4.4 Evaluation Team

The Evaluation Team is formed specifically to conduct the evaluation of Submissions in accordance with this Plan and to contribute to the drafting of the Evaluation.

The Evaluation Team will:

a) comply with all relevant legislative and regulatory requirements,

b) comply with all relevant procurement policies,

c) conduct the evaluation in a manner consistent with the Probity Protocol and
    this Plan,

d) minimise the costs of evaluation for the Agency, and

e) use methodologies that are consistent with this Plan.

The officials that form the Evaluation Team are listed in Table 3 below.

Table 3: Evaluation Team

Additional Advisers and SME’s may be called upon if required, at the discretion of the Evaluation Panel Chair.

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5. Probity and Conflicts of Interests

Evaluation Team members must read the NDIA Probity Protocol prior to commencing the evaluation process and undertake the evaluation in accordance with the probity principles of the Probity Protocol. Compliance with the NDIA Probity Protocol assures that the evaluation process is fair, transparent, defensible, and able to withstand internal and external scrutiny.

In accordance with the NDIA Probity Protocol, conflicts of interest must be declared using the Templates on the intranet. Where a potential conflict of interest is identified, the Officer or adviser involved should propose a mitigation strategy, which will be considered by the Procurement Manager for approval or further/other action as appropriate.

Declared Conflicts of Interest must be referred to the Procurement Branch for advice.

6. Evaluation Process and Methodology

The purpose of this section is to describe the process and methodology for evaluation of Submissions to this procurement.

6.1 Receipt of Submissions

Submissions must be submitted via the Proc2@ndis.gov.au email address, by the closing time – 12:00pm (Canberra time) Friday 15 January 2025 (RFQ Closing Time).

After the RFQ Closing Time, Authorised Procurement Officers will collate and save the submissions securely. Only the Evaluation Team members and authorised Procurement Advisers will have access.

In accordance with the CPRs, late Submissions must not be accepted unless the Submission is late because of Mishandling by the Agency.

6.2 Protocols for handling Submissions and evaluation

materials

All submissions and evaluation documentation and proceedings will be treated as ‘For Official Use Only.’

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All discussions associated with any Submission, process, or report, including the Evaluation Team proceedings will be conducted on a ‘need-to-know’ basis in accordance with the NDIA Probity Protocol.

Discussions will take place only with persons serving on the Evaluation Team, or other designated advisory authorities.

Any request for information regarding the Submissions or the evaluation process from any person outside of the evaluation process will be directed to the Chair.

6.3 Evaluation Criteria

The evaluation criteria will form the basis for the evaluation of submissions and the amento assessment of value for money. Submissions will be evaluated in accordance with the evaluation criteria detailed in Table 4.

Table 4: Evaluation Criteria

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6.4 Evaluation methodology

6.4.1 Stage 1: Initial Screening

The Procurement Adviser will undertake an initial screening of submissions to ensure that they meet the Mandatory Conditions for Participation and Minimum Content and Format Requirements in the RFQ Request Documentation.

Any Submissions that do not meet the mandatory requirements will be excluded from further consideration.

6.4.2 Stage 2: Technical Evaluation (Evaluation Criteria 1- 6)

The technical assessment of submissions will be based on Tenderers’ capability, capacity, and experience in delivering the services / deliverables. This assessment process involves:

a) the Evaluation Team assessing each Tenderer’s claims against the relevant Evaluation Criterion and rating them using the scoring matrices. Scoring will be done individually, and the Chair will bring the Evaluation Panel together after collating individual responses to review the overall scoring and reach a consensus on preferred respondent.

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b) the identification and assessment of any other matters which may be considered including risks. This must include the critical assessment of any clarification responses, referee reports, qualifications or caveats identified or expressly stated in the submission.

c) in assessing a Tenderer’s response, Evaluation Team members must not make any interpretations or assumptions on the information provided and will seek clarification as required to understand the offer.

6.4.3 Stage 3: Pricing Evaluation (Evaluation Criterion 7)

A pricing evaluation of submissions will be conducted either separately or concurrently with the evaluation in Stage 2 above to determine a basis of comparison for delivery of the requirements in the RFQ. This assessment process involves:

a) the consideration of how the submitted pricing contributes to value for money through a comparison of the whole of life costs and the forecast budget.

b) the identification and assessment of any other matters which may be considered including risks. This must include the critical assessment of any clarification responses, or qualifications or caveats identified or expressly stated in the Submission.

c) in assessing a Tenderer’s response, Evaluation Team members must not make any interpretations or assumptions on the information provided and will seek clarification as required to understand the offer.

6.4.4 Solvency, compliance, and Procurement Policy requirements

The Evaluation Team will consider the Tenderer’s responses to questions on whether:

a) it is solvent and financially capable of performing the services on an ongoing basis, and that no insolvency event has occurred and is subsisting with respect to the Tenderer.

b) there are court or alternative dispute resolution proceedings that are taking place, pending, or threatened, (either in Australia or overseas) in relation to the Tenderer, that will or have the potential to impact materially adversely upon its capacity to meet the obligations of the deed or contract, its reputation, or the Agency’s reputation.

c) it is under investigation for, or has been in breach of, any legislation.

d) it is compliant with the NDIA Procurement Policy requirements.

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e) it has/will obtain any insurances requested in the Request Documentation.

f) any proposed changes to the Agency’s contract terms have been made.

g) there are any declared conflicts of interest.

h) there are any confidentiality requests.

6.4.5 Verification activities

The Evaluation Team may seek clarification of the submissions at any time during the evaluation process to better understand Tenderers’ offers. In accordance with the Probity Protocol, the Evaluation Team must not seek or allow material variations or improvements to a submission. All clarifications will be coordinated and approved by the Evaluation Chair.

Further, the Evaluation Team may undertake further verification activities on the Submissions, as necessary.

6.4.6 Stage 4: Value for Money and Final Determination

The Evaluation Team will determine the value for money for each Submission, including by considering the outcomes of:

a) the technical evaluation outcomes under Stage 2,

b) the pricing evaluation outcomes under Stage 3,

c) any solvency, compliance and Procurement Policy assessments undertaken,

d) any verification activities undertaken, and

e) the risk assessment of Submissions.

From this, the Evaluation Team will make a final determination and recommendation to the Financial Delegate regarding:

a) successful and unsuccessful Tenderers,

b) whether negotiations are required, or

c) whether the procurement process has been unsuccessful and should be terminated.

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6.5 Evaluation Report

At the conclusion of the evaluation of Submissions, the Chair will oversee the drafting of an Evaluation Report using the templates provided by the Procurement Branch.

All judgements of technical, financial, and other matters in the Evaluation Report must be supported by relevant documentary evidence and reference to each Submission.

Any advice provided by the probity or legal Adviser to the procurement must be summarised in the Evaluation Report, with a full record of the advice maintained in an appropriate probity register.

The final Evaluation Report must be circulated to all Evaluation Team members. Each Evaluation Team member has the right to request amendments, additions, and deletions to the report, and for dissenting views to be recorded.

Dissenting views must be recorded unedited and provided to the Financial Delegate for their consideration.

All Evaluation Team members must sign off on the Evaluation Report.

After clearance by the Chair, the Evaluation Report will be submitted to the Financial Delegate for consideration and approval.

6.6 Negotiations

If the Evaluation Team determines that negotiations may provide a better value for money outcome, the Evaluation Report would recommend that the Agency enters negotiations with the preferred Tenderer/s and a negotiation directive must be prepared for the Financial Delegate’s approval.

Following negotiations, a negotiation report that records the outcomes of the negotiations and provides final value for money determination would be prepared for the Financial Delegate’s consideration.

6.7 Audit Trail

To ensure transparency of the process is maintained throughout the evaluation, the following should be filed on the approved Agency records management system:

• The Submissions.
• Records of the initial screening for compliance.
• The Evaluation Report and any supporting documentation.

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• If applicable, the negotiation directive, negotiation report and any supporting documentation.
• Documentation from verification activities including clarifications and references.
• Any working files and diaries created by the Evaluation Team during the evaluation process.

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7. Evaluation Plan Approval

I have read this Evaluation Plan, and I approve the proposed approach to evaluating this procurement.

In making this decision, I confirm that:

a) this decision is within my financial delegations in accordance with the NDIA Accountable Authority Instructions and Financial Authorisations,

b) this decision is in accordance with the policies of the Commonwealth and the NDIA including the CPRs, NDIA Procurement Policy and the NDIA Probity Protocol, and

c) I have no known conflicts of interest in providing this decision, and I understand my confidentiality obligations.

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Attachment A – Request Documentation

The Request Documentation is stored in Record Point

Refer to:

• PROC-5000 – Request for Quotation – PMCA Services – Group 2 - redacted: s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood
• RFQ Attachment A – Response Schedule
• RFQ Attachment B – Statement of Requirement
• RFQ Attachment C – NDIA Design Guidelines
• RFQ Attachment D – Draft Work Order and Additional Terms

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Attachment B – Evaluation Scoring Guide

The following ratings apply to Evaluation Criteria 1-6. The descriptions are intended to act only as guidance on assessing ratings. They are not intended to be exhaustive of the issues to be considered and are to be interpreted broadly.

Note a ‘Poor’ or ‘Unsatisfactory’ rating for one or more evaluation criteria will exclude the Potential Supplier from further participation in the procurement process.

Table 5: Evaluation Criteria 1-6 Scoring Guide

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Evaluation of Financial / Pricing Evaluation Criteria

The matrix in Table 6 applies to applies to the Pricing (Financial Evaluation) criteria. The descriptions are intended to guide consistent scoring/ratings and include consideration of risk.

Table 6: Financial Evaluation (Criteria 7) Scoring Guide

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Assessment of risk

Risk will be assessed in accordance with the NDIA’s risk management process as provided on the intranet: Risk Enablement (ndia.gov.au).

Table 7: Risk Rating Matrix

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