PROPOSAL TO UNDERTAKE A PROCUREMENT OVER $400,000 PROC-5000 – FOR THE PROVISION OF PROJECT MANAGEMENT CONTRACT ADMINISTRATOR SERVICES – PARRAMATTA AND CHATSWOOD PROJECTS

‹ PrevPage 1 of 14 · Source p. 38Next ›

PDR: EC24-003850

DISCLOSURE 2BIOG B4505/26-0450 DOCUMENT 3

OFFICIAL

PROJECT MANAGEMENT CONTRACT ADMINISTRATOR SERVICES —

1. Purpose

1.1. To seek your approval to conduct a Request for Quote (RFQ) for:

Table 1: Approach to Market Overview

Services The provision of Project Management Contract Administrator Services — redacted: s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood Projects for the Property Capital Works Team
Decision Reference PROC-5000
Record location PROC-5000 - PMCA for redacted: s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood NSW
Procurement Category Property, Capital Works and Leasing or Lands Acquisition Procurement
Expected Contract Value redacted: s22(1)(a)(ii) - irrelevant material

Parramatta, NSW
redacted: s47E(d) - certain operations of agencies

Chatswood, NSW
redacted: s47E(d) - certain operations of agencies

Total
redacted: s47E(d) - certain operations of agencies
Expected Services Commencement 14 February 2025 – Contract commencement
27 June 2025 – Practical Completion (PC) and commencement of Defect Liability Period (DLP)
Expected Services Expiry 27 June 2026 (end of DLP)
Initial term 16 Months (Including DLP)
Extensions 1 x 6 Months
Procurement Manager’s details Lawrence redacted: s22(1)(a)(ii) - irrelevant material

Assistant Director

Property Capital Works

lawrence.redacted: s22(1)(a)(ii) - irrelevant material@ndis.gov.au

OFFICIAL

Page 1 of 14 Page 38 of 151

OFFICIAL

2. Background and requirements

2.1. The Capital Works team within the Corporate Information and Property Services (CIPS) Branch is undertaking a procurement activity to provide Project Management Contract Administrator (PMCA) services for Design and Construction Works at three existing NDIA office locations at redacted: s22(1)(a)(ii) - irrelevant material Parramatta and Chatswood. The services will include provision of a service delivery Front of House and Back of House for corporate activities at the following 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

2.2. The engagement of a suitably qualified PMCA is required to manage and deliver design, project management services and construction works management services for the accommodation fit out project which will include the provision of Head Contractor (HC), Design Consultant, Security, ICT and all Furniture Fittings and Equipment (FF&E) in accordance with NDIA specifications and Agency Design Guidelines utilising certified contractors.

2.3. The primary objective of this procurement is to deliver the project to comply with the Agency Design Guidelines, aligned with Disability Discrimination Act (1992) (DDA) compliance.

2.4. The scope includes management, supervision, and coordination of the project to ensure adherence to the Agency’s specifications within set timeframes and budget constraints while aligning with prescribed design criteria.

2.5. The PMCA’s responsibilities encompass comprehensive management of the procurement, design, and construction processes, which include:

a) Leading the procurement process to select the Design Consultant

b) Overseeing and managing Design Services, including the Design Consultant and sub-consultants, to generate design documentation

c) Manage the design, procurement, and installation of ICT and security-related components integral to the project

d) Leading the procurement process to select the HC in line with Agency guidance

e) Efficiently engaging, managing the HC and construction sub-contractors to ensure the successful execution and delivery of the office accommodation fit out including FFE consistent with the design

f) Ensuring a smooth project handover, complete with a 12-month Defect Liability Period (DLP) for building works and associated equipment and services

g) Ensuring compliance with relevant regulations, statutory authorities, standards, codes, and guidelines. This encompasses but is not limited to compliance with the Australian National Construction Code, Disability Discrimination Act, WHS legislation, relevant Australian Building Standards, relevant Environmental Policies and Guideline, Building Management Guidelines and the Agency’s Design Guidelines and engagement with the Landlord or Building Manager via the NDIA Project Manager.

PDR: EC24-003850 Page 2 of 14 Page 39 of 151 OFFICIAL

OFFICIAL

2.6. A comprehensive Statement of Requirement (SoR) will be included in the RFQ documentation, detailing the works to be delivered under the programme.

3. AAI Exemption

3.1. This procurement will be compliant with the Accountable Authority Instructions (AAIs), and therefore no exemption is required.

4. Method of procurement

4.1. It is proposed that an approach to market will be made through the Department of Finance, Whole of Australian Government (WoAG) Property Services Coordinated Procurement (PSCP) Panel (SON3460620), which was established via an open tender.

4.2. To enhance competition and establish best value for money, all potential suppliers from the Additional Services category specific to Capital Works Project Management Services will be approached, these are:

redacted: s47G - business information

5. Value for Money

5.1. This procurement is considered an effective and efficient use of NDIA resources as:

a) Potential suppliers will be approached through the WoAG PSCP Panel initiating a competitive and non-discriminatory procurement process, consistent with the policies of the Commonwealth and Agency.

b) The PSCP Panel (SON3460620) was established via an open approach with rates market tested and determined as representing VFM.

c) The Agency does not have the appropriate skills and resources for the delivery of the associated work for project management or construction services and the engagement of a PMCA to deliver this programme of work under a single procurement activity supports economies of scale, optimises resources, and contributes to the overall efficiency to ensure Value for Money (VFM).

d) Proposals will be evaluated against Evaluation Plan criteria to assess technical capabilities, costs, and the risks associated with each submission to make a value for money determination.

6. Risks

6.1. The risk associated with this procurement has been assessed as low for the following reasons:

a) potential suppliers have been selected from the PSCP panel,

a) the evaluation plan for this RFQ allows for an open and transparent process; and

b) the agency currently receives PMCA services through the PSCP panel to a high standard.

6.2. A copy of the full risk assessment can be found in Attachment B to this document.

PDR: EC24-003850 Page 3 of 14 Page 40 of 151 OFFICIAL

DISCLOSURE LOG - FOI 25/26-0450 OFFICIAL

7. Estimated Budget

7.1. The estimated total cost of this procurement, inclusive of all potential extension options being used, is up to redacted: s47E(d) - certain operations of agencies with this cost estimate is inclusive of a 15% contingency redacted: s47E(d) - certain operations of agencies as detailed in Table 2.

Table 2: Breakdown per site

Site Budget
(Inc GST)
Contingency 15%
(Inc GST)
Total value
(Inc GST)
redacted: s22(1)(a)(ii) - irrelevant material redacted: s47E(d) - certain operations of agencies
Parramatta NSW
Chatswood NSW
Total

7.2. A forward-year commitment agreement application is not required for this Approval to enter into an Agreement. The project is expected to be completed in the current financial year.

8. Account details including Cost Centre

8.1. The below account details apply to this procurement

Table 2: Account Details

Cost Centre Product Category Asset Shell No.
redacted: s22(1)(a)(ii) - irrelevant material
90104 - Property Services 80131800 – Lease Management Services AUC_4056112 (Parramatta)
90104 - Property Services 80131800 - Lease Management Services AUC_4056113 (Chatswood)

9. Proposed timeline

9.1. The following timeline is proposed, which may be adjusted to reflect changes in the timing of various stages of the evaluation process.

Table 4: Proposed Timeline

Activity Indicative Date
Approach to market release 2 December 2024
Approach to market close 15 January 2025
Evaluation of submissions 7 February 2025
Contract Negotiation/Finalisation 21 February 2025
Contract Commencement 7 March 2025

OFFICIAL PDR: EC24-003850 Page 4 of 14 Page 41 of 151

OFFICIAL

10. The Stakeholders

10.1. The key stakeholders for this procurement activity are:

a) Capital Works – Corporate, Information and Property Services Branch,

b) Security,

c) Workplace, Health, and Safety – Safety, Wellbeing and Security Branch,

d) ICT – Agency ICT Services Branch,

e) Procurement – Procurement Branch, and

f) Property Operations – Corporate, Information and Property Services Branch.

11. Key Documents

11.1. Further to your agreement to this Proposal to undertake a Procurement, the following key documents are attached for your approval:

a) RFQ Documentation including a detailed Statement of Requirement, and

b) an evaluation plan including evaluation criteria and scoring matrices.

11.2. Following the completion of the evaluation process, an Approval to Enter into an Agreement, Evaluation Report, and a Contract including the performance management framework will be prepared for your approval as the Financial Delegate

12. Advice relating to the procurement process.

12.1. Corporate Information and Property Services (CIPS) branch has consulted with:

a) A/g Director, Chris redacted: s22(1)(a)(ii) - irrelevant material, Finance Business Partner, to confirm that there are sufficient unallocated funds available within the cost centre,

b) Property Leasing,

c) Property Operations,

d) ICT, and

e) Security.

13. Parties seeking to influence the outcome.

13.1. No stakeholders have sought to direct aspects or outcomes of this procurement activity.

14. Compliance with relevant NDIA policies and directives

14.1. As required under the NDIA Procurement Policy, Property Capital Works has consulted with Procurement Branch during the completion of this document. The Procurement Adviser was Julie Hanscombe.

14.2. This Proposal to undertake a Procurement has been prepared in accordance with the NDIA Procurement Policy and NDIA Accountable Authority Instructions and Financial Authorisations.

14.3. In compliance with the NDIA Procurement Policy, any Procurement Connected Policies that apply to this procurement and the proposed approach for managing them are in Attachment A.

14.4. In addition, this Proposal to undertake a Procurement is in accordance with the NDIA Probity Protocol which includes the obligation for all Officers involved in a procurement process to maintain confidentiality and to declare any conflict of interest – actual,

OFFICIAL PDR: EC24-003850 Page 5 of 14 Page 42 of 151

DISCLOSURE LOG - FOI 25/26-0450 OFFICIAL

potential, or perceived – at the start of the process, to update it as necessary during the procurement, and that the declaration be recorded and retained as an important part of the procurement documentation.

14.5. No conflicts of interest were identified in the preparation of this Proposal to undertake a Procurement.

Table 4: Procurement Manager signature

Name Lawrence redacted: s22(1)(a)(ii) - irrelevant material
Position Title Assistant Director – Capital Works

(Procurement Manager)
Signature redacted: s22(1)(a)(ii) - irrelevant material
Date 29/11/2024

15. Further consultations and endorsements

Programme Manager, Property Capital Works Endorsement

15.1. I have read this Proposal to undertake a Procurement:

a) I support the proposed approach to market in this Proposal to undertake a Procurement,

b) I confirm that there are sufficient unallocated funds available within the cost centre, and

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

Table 5: Procurement Owner signature

Name Kristian redacted: s22(1)(a)(ii) - irrelevant material
Position Title A/g Director, Property Portfolio - Corporate, Information and Property Services Branch

(Procurement Owner)
Decision Endorsed
Decision comment Nil
Signature redacted: s22(1)(a)(ii) - irrelevant material
Date 29 November 2024

OFFICIAL PDR: EC24-003850 P. 6 of 14 Page 43 of 151

DISCLOSURE LOG - FOI 25/26-0450 OFFICIAL

Branch Manager, Procurement Branch Approval

15.2. I have read this Proposal to undertake a Procurement and I:

a) am Satisfied that the procurement methodology is in accordance with the policies of the Commonwealth and the Agency,

b) confirm that I have no known conflicts of interest in providing this approval, and I understand my confidentiality obligations.

Table 6: Branch Manager, Procurement Branch signature

Name Reann redacted: s22(1)(a)(ii) - irrelevant material
Position Title A/g Branch Manager, Procurement Branch
Decision Approved
Decision comment
Signature redacted: s22(1)(a)(ii) - irrelevant material
Date 2/12/2024

Further endorsements

Branch Manager, Corporate, information and Property Services (CIPS) Endorsement

The following additional key stakeholders:

a) have reviewed and support this Proposal to undertake a Procurement, and

b) in signing, have confirmed that they have no known conflicts of interest in providing their endorsement and that they understand their confidentiality obligations.

Table 7: Business Sponsor signature

OFFICIAL PDR: EC24-003850 P. 7 of 14 Page 44 of 151

DISCLOSURE LOG - FOI 25/26-0450 OFFICIAL

Name Ryan redacted: s22(1)(a)(ii) - irrelevant material
Position Title A/g Branch Manager,

Corporate, Information and Property Services Branch

(Business Sponsor)
Decision Endorsed
Decision comment
Signature redacted: s22(1)(a)(ii) - irrelevant material
Date 3 December 2024

Chief Corporate and Commercial Officer Endorsement

Table 8: Business Sponsor signature

Name Phoebe redacted: s22(1)(a)(ii) - irrelevant material
Position Title Chief Corporate and Commercial Officer

Corporate and Commercial Division

(Business Sponsor)
Decision Endorsed
Signature redacted: s22(1)(a)(ii) - irrelevant material
Date 4 December 2024

OFFICIAL PDR: EC24-003850 P. 8 of 14 Page 45 of 151

DISCLOSURE LOG - FOI 25/26-0450 OFFICIAL

Financial Delegate Approval

15.3. I have read this Proposal to undertake a Procurement and I:

a) approve the proposed approach to the market for Project Management Contract Administrator Services for Group 4 Project on the terms set out in this Proposal to undertake a Procurement,

b) approve the method of procurement identified in section 4 of this Proposal to undertake a Procurement,

c) am satisfied that there is a genuine need to procure these goods/services,

d) confirm that there are sufficient unallocated funds available within the cost centre, and

e) confirm that this procurement will make efficient, effective, ethical, and economical use of public money.

Table 7: Financial Delegate decision

Decision Approved
Decision comment Approved unconditionally. Keen to discuss scope and approach on the associated design consultancy - we can use this as part of a proof of concept for the location strategy Phoebe and I have discussed.

15.4. 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.

Table 8: Financial Delegate signature

Name Sam Porter
Position Title DCEO Enabling Services/ Chief Operating Officer

(Financial Delegate)
Signature redacted: s22(1)(a)(ii) - irrelevant material
Date 6 December 2024

OFFICIAL PDR: EC24-003850 Page 9 of 14 Page 46 of 151

OFFICIAL

Attachment A – Procurement Connected Policies and Additional Commonwealth Procurement Rules Requirements

Mandatory under the NDIA Procurement Policy

1. Modern Slavery Act 2018

1.1. The NDIA Procurement Policy states:

a) All procurements will require a risk assessment on modern slavery risks associated with that work.

b) Industry such as ICT hardware, textiles, property services, construction, overseas manufactured items, and overseas labour all carry modern slavery risks.

c) For procurement above $400,000, modern slavery considerations and mitigations should be included in the risk register.

1.2. A risk assessment has been undertaken on this procurement activity against the Modern Slavery Toolkit for Government Procurement Officers - 326.3KB (external) and it has been determined that there is low a modern slavery risk. This is further detailed in Attachment B – Risk Assessment

2. Workplace Gender Equality (WGE)

2.1. The Workplace Gender Equality Procurement Principles and User Guide (the Principles) require Australian Government agencies to obtain a letter of compliance from certain Tenderers (employers with 100 or more employees) which indicates compliance with their obligations under the Workplace Gender Equality Act 2012 (Cth).

2.2. The ATM Request Documentation will contain a standard provision in respect of the Workplace Gender Equality Procurement Principles and Tenderers are required to provide their letter of compliance with their Submission or prior to entering into a contractual arrangement with the Agency.

2.3. Tenderers will also be required to include in the Tenderer’s declaration that they are either:

a) a relevant employer and have attached a current letter of compliance as part of its Submission,

b) a relevant employer and if selected as the preferred or successful Tenderer, they will provide upon request a current letter of compliance prior to entering into any contract and acknowledge that failure to provide a current letter of compliance when requested will result in it losing its status as the preferred or successful Tenderer, or

c) not a relevant employer.

3. Commonwealth Child Safe Framework (CCSF)

OFFICIAL PDR: EC24-003850 Page 10 of 14 Page 47 of 151

OFFICIAL

3.1. The NDIA Procurement Policy states that the CCSF applies to procurements where the potential supplier(s) will have contact with children in the delivery of services.

A risk assessment has been undertaken and determined that there is a low likelihood of contact with children in the delivery of these services.

4. Privacy Act 1988 (Cth)

4.1. In accordance with the Privacy (Australian Government Agencies — Governance) APP Code 2017, a Privacy Impact Assessment (PIA) must be undertaken on any projects that have a ‘high privacy risk’.

4.2. A risk assessment has determined that there is a low risk of potential privacy issues, noting that personal information will not be accessible in the delivery of the services.

5. Small and Medium Enterprises (SMEs)

5.1. In accordance with sections 5.5-5.8 of the CPRs, this Procurement will apply procurement practices that do not unfairly discriminate against SMEs and provide opportunities for SMEs to compete.

5.2. This Procurement is being undertaken through WoAG PSCP Panel which only has 3 potential suppliers, none of which are SMEs.

Other Procurement Connected Policies

6. Disability Action Plan obligation

6.1. The Agency has committed to investigating whether a business that exists primarily to provide employment or support to people living with a disability has the capability to fulfil its needs before making any approach to market at or above the relevant procurement threshold.

6.2. Market research has been undertaken and it was determined that there are no relevant suppliers that can fulfil this requirement.

6.3. In accordance with the NDIA Procurement Policy, the ATM Request Documentation will include an evaluation criterion related to support for people with a disability.

7. Indigenous Procurement Policy (IPP)

7.1. The IPP (external) is intended to stimulate Indigenous entrepreneurship and business development, providing Indigenous Australians with more opportunities to participate in the economy, has three key components:

a) A target for purchasing from Indigenous enterprises.

b) A mandatory set-aside for all remote procurements and all other procurements wholly delivered in Australia where the estimated value of the procurement is between $80,000 - $200,000 (GST inclusive), which does not apply to this procurement.

c) Minimum Indigenous participation requirements (Mandatory Minimum Requirements or MMRs) where the expected contract value is valued at $7.5 million or more, all the goods and services will be delivered wholly in Australia,

OFFICIAL PDR: EC24-003850 Page 11 of 14 Page 48 of 151

OFFICIAL

and the majority of goods or services are within one of the 19 industries specified on the National Indigenous Australians Agency website. The MMRs apply to this procurement.

7.2. As MMRs apply to this ATM, the following actions will be taken:

a) The Request Documentation will require Tenderers to develop an Indigenous Participation Plan and declare their level of compliance with any past contracts that include MMRs.

b) The evaluation process will consider past MMR compliance, plans to increase Indigenous participation, and the ability to achieve significant Indigenous participation outcomes for contracts with a remote component.

c) Quarterly reporting will be required from suppliers against their Indigenous Participation Plans. Additionally, suppliers’ performance will be assessed at the end of the contract.

8. Shadow Economy Policy

8.1. The Shadow Economy Procurement Connected Policy (external) requires an assessment to determine if suppliers and first tier subcontractors have a valid and satisfactory Statement of Tax Record (STR) for all contracts over $4 million.

8.2. Consequently, all Tenderers to this procurement will be required to submit an STR.

9. Environmentally Sustainable Procurement Policy

9.1. The Environmentally Sustainable Procurement Policy (external) aims to reduce the environmental impacts associated with Australian Government procurements and applies to procurements for construction services valued at or above $7.5 million.

9.2. To address the policy requirements through this Procurement:

a) the ATM request documentation will include a requirement for Tenderers to address and report against environmental sustainability through a Supplier Environmental Sustainability Plan (SESP). The SESP is to be submitted as part of the Tenderer’s submission.

b) the evaluation process will consider the Tenderer’s SESP.

c) following the award of a contract, the contract management team will be responsible for managing the successful supplier’s commitments under the SESP through the life of the contract, with reviews undertaken at agreed intervals to determine any perceived risks to the delivery of the SESP or opportunities for improvement.

10. Australian Skills Guarantee Procurement Connected Policy

10.1. The Skills Guarantee Procurement Connected Policy (external) establishes minimum targets for apprentices and women in major construction, major ICT and flagship construction projects.

10.2. This procurement is not considered major construction as it is fit out works and the Australian Skills Guarantee Procurement Connected Policy will not apply.

OFFICIAL PDR: EC24-003850 Page 12 of 14 Page 49 of 151

OFFICIAL

11. Payment Times Procurement Connected Policy

11.1. The policy (external) requires, large businesses (Reporting Entities under the Payment Times Reporting Act 2020) that are awarded Australian Government procurement contracts valued over $4 million (GST inclusive) to pay their subcontracts valued up to $1 million within 20 calendar days.

This requirement has already been met through the Panel Head Agreement.

OFFICIAL PDR: EC24-003850 Page 13 of 14 Page 50 of 151

DISCLOSURE LOG - FOI 25/26-0450 OFFICIAL

Attachment B – Value Risk Matrix

NDIA value Risk Matrix (VRM) for procuring goods or services

This VRM can be used to assess the complexity (based on value and risk) of a procurement activity for goods or services.

(Text from image contains a detailed form and scoring matrix which is low confidence due to scaling, but preserved structurally via subsequent page tables and indicators)

OFFICIAL PDR: EC24-003850 Page 14 of 14 Page 51 of 151