{00106062.DOC}
Standing Offer Arrangement (SOA)
Details
Whole of Government Legal Services Panel
The State of Queensland acting through the Department of Housing and Public
Works
<Supplier to insert supplier name and ABN>
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Table of contents
1. Introduction .............................................................................................................................. 3
2. General SOA information ........................................................................................................... 4
3. Terms and conditions of the SOA and Contract ........................................................................... 7
3.1. Definitions and interpretation 7
3.2. SOA Conditions 7
3.3. Conditions that apply to the purchase of the Services by the Customer (i.e. Contract) 7
3.4. Contract departures - Principal’s changes to the SOA Conditions or Contract 7
Changes to the SOA Conditions (i.e. between the Principal and Supplier): 7
Changes to the General Contract Conditions (i.e. between the Customer and Supplier): 9
4. Forming the SOA and Contracts ................................................................................................ 12
4.1. Agreement by Supplier 12
4.2. Agreement by Principal 12
Schedule 1. Requirement for Services ................................................................................................... 13
Annexure A to Schedule 1 .................................................................................................................... 19
Panel Structure 23
Definitions for categories of legal services 23
Annexure B to Schedule 1 ..................................................................................................................... 24
Service requirements for medico legal claims 24
Annexure C to Schedule 1 ..................................................................................................................... 28
Supplier Key Personnel 28
Annexure D to Schedule 1 .................................................................................................................... 29
Supplier relationship managers 29
Schedule 2 – Price and Payment Terms ................................................................................................. 30
Schedule 3 – Performance Measurement .............................................................................................. 33
Schedule 4 – SOA Governance .............................................................................................................. 37
1. SOA reporting requirements 37
2. SOA meeting requirements 37
2.1. Annual review meeting with the Panel Manager 37
2.2. Ad hoc meetings with the Panel Manager 38
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2.3. Ad hoc meetings with the Customers or Supplier Relationship Managers 38
3. Escalation of SOA issues 38
3.1. Governance framework 38
3.2. Resolution of disputes 38
Annexure A to Schedule 4 Governance framework ................................................................................ 40
1. Governance model 40
2. Roles and responsibilities 40
Panel Manager 41
Expert advisory group 41
Customers 42
Suppliers 42
Annexure B to Schedule 4 Reporting template ...................................................................................... 43
Schedule 5 – SOA Order Form ............................................................................................................... 44
1. Introduction
This SOA is for the supply of legal services to eligible Customers.
This whole document forms part of the SOA with the Principal. Contracts made under the SOA will
incorporate the terms agreed by the Principal and the Supplier in the SOA. The Supplier and the
eligible Customer may not make any changes to this document or agree any additional terms in a
Contract, except as set out in section 3.4 (Contract departures - Principal’s changes). Changes
which do not comply with these requirements do not form part of the SOA.
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2. General SOA information
This section sets out details which apply to the SOA and to every Contract agreed under the SOA.
The Customer and Supplier must not amend this section in a Contract.
No. Topic Details
1 Principal
Name: The State of Queensland acting through the Department of
Housing and Public Works
ABN: 72 799 122 178
2 Principal contact details
Contact person: Director, Legal Services Coordination Unit,
Department of Justice and Attorney-
General
Position: Panel Manager
Street address: 50 Ann Street BRISBANE QLD 4000
Postal address: <<insert>>
Email: <<insert>>
All notices and other communications relating to the SOA are to
be sent to the Principal at the details set out in this item, or any
updated details that the Principal provides to the Supplier in
writing.
3 Supplier The Supplier must complete these details.
Name:
ABN or ACN:
4 Supplier contact details The Supplier must complete these details.
Contact person:
Position:
Street address:
Postal address:
Email:
All notices and other communications relating to the SOA or a
Contract are to be sent to the Supplier at the details set out in this
item, or any updated details that the Supplier provides to the
Principal or Customer in writing.
5 Subcontractor/s Subcontracting of services is not permitted under the SOA.
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No. Topic Details
6 SOA term
This is the period of the standing offer, when Customers can enter
into Customer Contracts:
Start date: 1 April 2015
End date: 31 March 2018
Extension Options: 2 x 1 years. Extension options are
exercised at the Principal’s sole
discretion.
7 Cap on liability The cap on liability of the Customer and Supplier in relation to a
Customer Contract is $10 million or as limited by law or binding
scheme (specified below) but the Customer may require a higher
cap on liability for certain engagements.
If the Supplier seeks to limit its liability in accordance with a
binding scheme under the Professional Standards Act 2004
(Qld) then specify the scheme below and the limits of liability
that apply:
Binding Scheme applicable: <<insert>>
Summary of liability cap: <<insert>>
8 Insurance
The Supplier is to insert details of its policies as specified
below (repeat as required) and provide a copy of a certificate
of currency for each policy.
Workers compensation insurance as required by law
Public liability insurance:
The Suppler must hold public liability insurance for a
minimum sum of $20 million per occurrence.
Amount:
Expiry date:
Insurance provider:
Named insured:
Professional indemnity insurance:
The Supplier must hold professional indemnity insurance as
required by the Queensland Law Society. The amount of
insurance must be at least as much as the applicable cap on
liability but the Customer may require a higher amount for
certain engagements.
Amount:
Expiry date:
Insurance provider:
Named insured:
Other insurances:
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No. Topic Details
9 Authorisations Not applicable.
10 Conflict of Interest Supplier to insert details of any conflict of interest it is
required to declare in accordance with the ‘Conflict of
interest’ clause in the SOA Conditions. If no conflict of
interest exists, insert “Nil”.
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3. Terms and conditions of the SOA and Contract
3.1. Definitions and interpretation
The definitions and rules of interpretation applicable to the SOA and Contracts are attached.
3.2. SOA Conditions
The SOA Conditions are attached.
3.3. Conditions that apply to the purchase of the Services by the
Customer (i.e. Contract)
The General Contract Conditions that apply to the supply of the Services to a Customer under this SOA
(i.e. the Contract) are attached.
3.4. Contract departures - Principal’s changes to the SOA
Conditions or Contract
Changes to the SOA Conditions (i.e. between the Principal and Supplier):
a) Clause 5 Eligible Customers
Delete clause 5 and insert the following:
“All of the following entities are eligible Customers under the SOA:
(a) Queensland Government departments;
(b) Queensland Government agencies accepted by the Panel Manager to opt in to
the whole of government legal services panel;
(c) Queensland Government Bodies accepted by the Panel Manager to opt in to the
whole of government legal services panel;
(d) Any entity which is directly or indirectly, partially or entirely funded by the State
of Queensland, and/or a community based, non-profit making organisation
performing community services, and/or another entity, accepted by the Panel
Manager to opt in to the whole of government legal services panel.
The Supplier acknowledges that provisions of these SOA Conditions are intended
for the benefit of eligible Customers and may be enforced by the Principal on behalf
of all eligible Customers. The Supplier acknowledges that eligible Customers do not
have any obligations to the Supplier under this SOA.”
b) Clause 9(j) (insurance)
Delete the words “authorised and licensed to operate in Australia,”.
c) Clause 9(l) (security requirements)
Delete clause 9(l) entirely.
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d) Clause 9.2 Restrictions on acting against the Principal or Customer
Insert the following new clause 9.2:
“9.2 Restrictions on acting against the Principal or Customer
The Supplier must not accept instructions to:
(a) commence or act in proceedings against the Principal or Customer during
the SOA term; or
(b) act where there is a professional conflict of interest,
without the prior consent of the Principal (where proceedings are taken against the
State of Queensland) or the relevant Customer (where proceedings are taken
against a Customer), as applicable. The Principal and relevant Customer will act
reasonably and expeditiously in determining their consent. For the purposes of this
clause only, a professional conflict of interest occurs where the Supplier or its
Personnel is not acting or is perceived to be not acting in accordance with the
conflict of interest and conflict of duty principles imposed by the Australian Solicitors
Conduct Rules and the Legal Profession Act 2007 (Qld).”
e) Clause 14 Indemnity
i. Delete clauses 14(b) and (c) and replace with the following:
“(b) Wilful Default or Wilful Misconduct by the Supplier or its Personnel;
(c) claim of Intellectual Property Rights or Moral Rights infringement
relating to the SOA by materials provided by the Supplier; or”
ii. Delete clause 14(e) and the word “or” at the end of clause 14(d).
f) Clause 16.2 New Intellectual Property Rights
Delete clause 16.2 and replace it with the following:
“New Intellectual Property Rights created or developed in performing the SOA are
owned by the Customer unless the parties agree otherwise in the Details. The
Supplier must ensure that during the term of the SOA, the new Intellectual Property
Rights are used or supplied only for the purposes of the SOA.”
g) Clause 20.2 Conflict of Interest
Insert the words “To the best of the Supplier’s knowledge,” at the beginning of
clause 20.2.
h) Clause 20.3 Criminal organisation
Insert the words “To the best of the Supplier’s knowledge,” at the beginning of
clause 20.3.
Changes to the definitions and rules of interpretation:
a) Insert the following definitions in alphabetical order:
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“Category Relationship Manager means an employee or principal of the Supplier
appointed as category relationship manager from time to time. As at the start date of
the SOA, the person appointed as Category Relationship Manager is set out in
Schedule 1 of the SOA Details.
Consumer Price Index means the “All Groups CPI for Queensland” (or relevant
successor index) measuring the rate of inflation in Queensland, expressed as an
index and published by the Australian Bureau of Statistics.
Model Litigant Principles means the Model Litigant Principles issued by the
Queensland Government (available at
http://www.justice.qld.gov.au/corporate/model-litigant-principles) as amended from
time to time.
Panel Manager means the employee or delegate of the Principal appointed as the
Principal’s contact in the SOA Details and the person responsible for the centralised
management of the panel.
Panel Relationship Manager means an employee or principal of the Supplier
appointed as the panel relationship manager from time to time. As at the start date
of the SOA, the person appointed as Panel Relationship Manager is set out in
Schedule 1 of the SOA Details.
PQE means post qualification experience.
Supplier Relationship Manager means an employee or delegate of an eligible
Customer appointed as the supplier relationship manager from time to time.
b) Amend the definition of “Deliverables” to delete the words “, and all incidental and
ancillary goods, services and documentation”.
Changes to the General Contract Conditions (i.e. between the Customer and Supplier):
a) Clause 6(e) (standards)
Delete the words “and fit for their usual purpose and any other purpose disclosed by
the Customer”.
b) Clause 6(f) (protection)
Delete clause 6(f) entirely.
c) Clause 6(g) (policies)
Delete clause 6(g) and insert the following:
“(g) (policies) must comply with all Customer policies, codes of conduct, rules,
standards and procedures listed in the Requirements or as otherwise
communicated by the Customer to the Supplier;”
d) Clause 6(n) (insurance)
Delete the words “authorised and licensed to operate in Australia,”.
e) Clause 6(p) (security requirements)
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Delete clause 6(p) entirely.
f) Clause 7 Terms and conditions specific to Goods and Deliverables
Delete clause 7 entirely.
g) Clause 8.1 Subcontracting
Insert the words “to deliver the Services” after the word “obligations” in the first
sentence of clause 8.1.
h) Clause 13 Indemnity
i. Delete clauses 13(b) and (c) and replace with the following:
“(b) Wilful Default or Wilful Misconduct by the Supplier or its Personnel;
(c) claim of Intellectual Property Rights or Moral Rights infringement
relating to this Contract or the Deliverables by materials provided by
the Supplier;”
ii. Insert the words “where the Supplier has acknowledged that services are
rendered to third parties in addition to the Customer” at the end of clause
13(e).
i) Clause 15.2 New Intellectual Property Rights
Delete clause 15.2 and replace it with the following:
“New Intellectual Property Rights created or developed in performing the Contract
are owned by the Customer unless the parties agree otherwise in the Details. The
Supplier must ensure that during the term of the Contract, the new Intellectual
Property Rights are used or supplied only for the purposes of the Contract.”
j) Clause 19.2 Conflict of Interest
Insert the words “To the best of the Supplier’s knowledge,” at the beginning of
clause 19.2.
k) Clause 19.3 Criminal organisation
Insert the words “To the best of the Supplier’s knowledge,” at the beginning of
clause 19.3.
l) Clause 20
Delete the last sentence of clause 20 entirely.
m) Clause 21.1
i. Insert the following paragraph in clause 21.1:
“(f) a Supplier’s Key Personnel is no longer available to perform the roles
allocated to them in the Details and no replacement Key Personnel has been
accepted by the Customer.”
And delete the full-stop at the end of clause 21.1(e) and insert the word “or”.
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ii. Delete the last sentence of clause 21.1 entirely.
n) Clause 22
Replace the word “Contractor” with ”Supplier” wherever it occurs in the clause.
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4. Forming the SOA and Contracts
4.1. Agreement by Supplier
The Supplier will sign in this section. By signing, the Supplier is offering to enter the SOA and
Contracts on the terms set out in this document. If the Principal requests, the Supplier must
provide evidence that the signatory is properly authorised to execute this document.
If the parties agree any changes to this document after the date of the Supplier’s signature, the
Supplier and Principal will prepare a new version of the document incorporating the agreed
changes, which will replace this document. The Supplier will sign the new document, offering to
enter the SOA and Contracts on the amended terms.
Date …………………………………….. EXECUTED for and on behalf of: ............................................................... Name of Supplier by its authorised representative, in the presence of: ............................................................... Signature of witness ............................................................... Name of witness (block letters) ............................................................... Address
) ) ) ) ) ) ) ) ) ) ) ) ) )
............................................................... Signature of authorised representative By executing this agreement the signatory warrants that the signatory is duly authorised to execute this agreement on behalf of the Supplier ............................................................... Name of authorised representative (block letters) ............................................................... Position of authorised representative
4.2. Agreement by Principal
The Principal may accept the Supplier’s offer either by signing in this section, or separately
confirming to the Supplier in writing that the Principal accepts the Supplier’s offer.
Date ...................................................... EXECUTED for and on behalf of: The State of Queensland acting through the Department of Housing and Public Works ............................................................... Name of Principal by its authorised representative, in the presence of: ............................................................... Signature of witness ............................................................... Name of witness (block letters) ............................................................... Address
) ) ) ) ) ) ) ) ) ) ) ) ) )
............................................................... Signature of authorised representative By executing this offer the signatory warrants that the signatory is duly authorised to submit this offer on behalf of the Principal ............................................................... Name of authorised representative (block letters) ............................................................... Position of authorised representative
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Schedule 1. Requirement for Services
The Supplier must provide the Services specified below to Customers, in accordance with the
Requirements described in this Schedule.
Description of Services
The Customer and Supplier may agree additional Requirements for Services in the Contract.
The Supplier has been appointed to the panel to provide the legal services in the practice of law to
Customers in the categories listed below:
Category: [Insert name of category or categories to which the Supplier has been appointed]
The Supplier has been appointed to the supplementary list to provide the legal services in the
practice of law to Customers in the categories listed below:
Category: [Insert name of category or categories (supplementary list) to which the Supplier has
been appointed]
The structure of the panel and a description of the categories is included in Annexure A to this schedule.
The Principal reserves the right to change the structure and composition of the panel at any time during
the SOA term. In the event that an additional Supplier is required for a category, the supplementary
list will be used as the first option to source the additional Supplier.
The purpose of the supplementary list is to establish a reserve list of Suppliers to provide the
flexibility to meet the legal services needs of Customers.
The Customer may at any time elect to reclassify a matter from one category to another category. The
Customer may approve the Supplier continuing to provide the Services on that matter even if the
Supplier has not been appointed to the category to which the matter has been reclassified. Alternatively,
the Customer may elect to engage a new Supplier in the category to which the matter has been
reclassified to provide the Services in the matter. The existing Supplier must then immediately transfer
all Customer information held by that Supplier to the new Supplier and provide all such transitional
assistance as may be reasonably necessary or requested by the Principal or the Customer.
At the end of the SOA term, where the SOA is terminated in accordance with the SOA Conditions or
where the Contract is terminated in accordance with the General Contract Conditions, Suppliers
must provide all such transitional assistance as may be reasonably necessary or requested by the
Principal to facilitate the smooth transition of any relevant information, knowledge, systems or assets
from the Supplier to the Principal or the Customer.
Value add services
The Supplier will provide the value add services listed below:
[Insert value add services offered to be provided by the Supplier in Schedule A – Response
Schedule].
Scope of Services to be specified in the SOA Order
The Services provided by the Supplier will be specified by the Customer in the SOA Order as set
out in Schedule 5.
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Performance standards
In providing the Services, Suppliers agree to comply with the Model Litigant Principles and any
other directives or guidelines in relation to legal services issued by the Queensland Government or
the Attorney-General as communicated to the Supplier from time to time.
The Services provided by the Supplier must meet the general standards and performance
requirements set out in Schedule 3. These will be measured by monthly reports provided by
Suppliers to the Panel Manager, post matter surveys by Customers, quarterly reports prepared by
the Panel Manager and an annual review meeting as set out in Schedules 3 and 4.
[The Services provided by the Supplier in connection with medico legal claims in category 17
Health Law must also comply with the service requirements set out in Annexure B to this
schedule.]
Customer’s may require additional performance requirements in relation to the Services from time
to time. Where those additional performance requirements apply to a category to which a Supplier
has been appointed, the Panel Manager will inform the relevant Suppliers.
Quotes
The Customer may, in its sole discretion, request a quote on a lump sum, fixed price, maximum
fee, retainer or any other basis from one or more Suppliers in connection with the Services. The
Supplier will provide quotes in the SOA Order. The Supplier must indicate how the quote has been
calculated in the SOA Order. These may or may not be based on the maximum rates set out in the
table in Schedule 2. All quotes must be provided at no cost to the Customer.
If price exceeds the quote
If during the course of providing the Services under an SOA Order the Supplier becomes aware
that the total price is likely to exceed the quote given, the Supplier must give written notice to the
Customer in accordance with the timelines set out below. The notice that the total price is likely to
exceed the quote must specify a revised quote for the Services and include the reason the total
price will exceed the original quote. The Customer has sole discretion, acting reasonably, whether
to approve a revised quote. When a revised quote is approved, the Customer must provide written
notice of the approval to the Supplier. If a Supplier has provided a quote to a Customer for
Services, the Customer is not liable to pay the Supplier any amount exceeding the quote unless
the Customer has approved a revised quote.
Requirements and timelines
The Supplier must meet the following timelines in the performance of the Services:
Requirement Description Timeframe
Conflict of Interest upon
instructions
The Supplier must make
diligent inquiry as to whether it
has any Conflicts of Interest if
it were to provide the Services
specified in the SOA Order
and either confirm no Conflict
of Interest or provide details of
any Conflict of Interest to the
Immediately upon receipt of
SOA Order but no later than
one Business Day following
receipt of SOA Order.
If the Customer requests
urgent assistance prior to
issuing an SOA Order, a
Conflict of Interest
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Requirement Description Timeframe
Customer.
The Supplier must not
commence performing the
Services until approved by the
Customer.
confirmation must be provided
within one Business Day of
receiving an urgent
assistance request.
Conflict of Interest during
engagement
The Supplier must monitor
Conflicts of Interest during the
engagement and report to the
Customer if a Conflict of
Interest arises during the
engagement and the steps
taken to resolve the Conflict of
Interest. The Supplier must
not continue to perform the
Services until approved by the
Customer.
Immediately upon becoming
aware of a Conflict of Interest.
Acknowledge receipt of
SOA Order
The Supplier must
acknowledge receipt of an
SOA Order by email to the
Customer contact person.
Within one Business Day of
receipt of the SOA Order
request.
Quotes
The Supplier must provide an
initial quote including the
approach to the matter, Key
Personnel and cost
management strategy.
Within three Business Days of
receipt of an SOA Order or
the timeframe requested by
the Customer.
The Supplier must provide a
detailed project management
plan for major projects and
complex matters (if requested
by the Customer).
Within 10 Business Days of
receipt of the Contract or the
timeframe requested by the
Customer.
The Supplier must notify the
Customer in writing if it
becomes aware that the total
price is likely to exceed the
quote given in the SOA Order
(or as otherwise varied with
the consent of the Customer).
The notice must be given as
soon as the Supplier becomes
aware, but no later than the
time the costs accrued or
incurred reach 80% of the
quote provided.
Responses to email and
telephone communication
Urgent requests for telephone
advice.
Must be responded to
promptly.
Final report The Supplier must provide a
final matter report (if
Within five Business Days of
the conclusion of the matter
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Requirement Description Timeframe
requested by the Customer) to
the Customer.
the subject of the Contract.
Invoices
The Supplier must render an
itemised tax invoice for each
Contract to the Customer. The
invoice will specify the
personnel, their hourly rate
and the hours billed (if
applicable), how much of the
quote has been used, a brief
description of the Services
provided during that month
and any other information the
Customer reasonably
requests.
Within five Business Days of
the end of each month for all
the Services performed during
the month in accordance with
a Contract or as otherwise
agreed with the Customer.
Third party invoices
The Supplier must request
that all barristers, external
experts and specialists
engaged to provide the
Services in conjunction with
the Supplier render tax
invoices monthly or as
otherwise agreed with the
Customer.
On engagement of the
barrister, external expert or
specialist.
Reporting
The Supplier must provide
monthly reports to the Panel
Manager in the form required
by the Panel Manager (as at
the start of the SOA term, this
form is as set out in Annexure
B of Schedule 4).
Within 10 Business Days of
the end of each month.
The Supplier must provide ad
hoc reports as requested from
time to time by the Panel
Manager in a form requested
by the Panel Manager.
Within the timeframe
requested by the Panel
Manager.
The Supplier must provide ad
hoc reports on matters as
requested from time to time by
the Customer in a form
requested by the Customer.
Within the timeframe
requested by the Customer.
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Requirement Description Timeframe
Panel meetings
The Supplier must attend an
annual review meeting with
the Panel Manager.
The Panel Manager is
required to provide at least 10
Business Days’ written notice
to the Supplier.
The Supplier must attend ad
hoc meetings with the Panel
Manager.
The Panel Manager is
required to provide at least
five Business Days’ written
notice to the Supplier.
The Supplier must attend ad
hoc meetings with Customers.
The Customer is required to
provide at least five Business
Days’ written notice to the
Supplier.
Records
The Supplier will, at all times,
maintain, store and archive
true, up to date, accurate and
complete records of all
invoices, SOA Orders
received and executed,
documentation supplied to
any Customer and other
records relating to its
performance under this SOA
and any SOA Order.
The Supplier will ensure that
the records provide sufficient
detail to enable the Panel
Manager and Customers to
reconcile those records with:
the contents of the
monthly reports provided
by the Supplier to the
Panel Manager; and
the invoices that the
Supplier renders to the
Customer.
For the duration of the SOA
term.
Key Personnel
The Supplier’s Key Personnel are listed in Annexure C of this schedule. Key Personnel may be
replaced from time to time in accordance with the table below. The Panel Manager may request
that an updated résumé of any Key Personnel be provided to it at any time during the SOA term.
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In addition to any requirements set out in the SOA Conditions, the following requirements apply to
Key Personnel during the SOA term:
Requirement Description Timeframe
Change of Key Personnel
The Supplier must not remove
or replace the Key Personnel
unless:
the proposed replacement
has equal or superior skills,
training, experience and
knowledge;
the Supplier provides the
Panel Manager with a
résumé, and other
information about the
proposed replacement
reasonably requested by
the Panel Manager; and
the Panel Manager gives
written consent to the
replacement.
If the above requirements are
not met:
the Supplier may be
suspended from the panel
until the Supplier is able to
demonstrate capability in
the areas of expertise for
which the Supplier was
selected; or
the SOA may be terminated
in accordance with the SOA
Conditions.
Demonstrated equal or
superior skills, training,
experience and knowledge of
replacement Personnel must
be provided within five
Business Days of the Supplier
removing or replacing Key
Personnel.
Relationship manager
The Supplier’s relationship managers are set out in Annexure D of this schedule. The relationship
managers are responsible for the delivery of the Services in accordance with the requirements of
the SOA. The relationship managers must perform the governance roles set out in Schedule 4 and
will act as contact points between the Customer and the Supplier.
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Annexure A to Schedule 1
Panel Structure
Suppliers will provide legal services to Customers in one or more of the categories shown below.
Definitions for categories of legal services
Description of categories
Category 1 – Major Projects
This category covers legal services in relation to infrastructure projects, major projects and
construction which include at least two of the following areas - transport, water, health and other
social infrastructure, major projects, building and civil projects and property development or
alternatively have a whole of project budget in excess of $20 million or other special complexities
as determined by the Customer. The category includes the following areas:
project agreements and structures (including project delivery vehicles such as public private
partnerships, project financing arrangements, design and construct contracts and other
forms of contract applicable to construction projects);
procurement and offer processes;
contractual claims, disputes, defaults, insolvencies and terminations;
planning and environmental approvals;
land acquisition and property law issues;
intellectual property, insurance, taxation and competition law issues; and
native title and cultural heritage issues.
Types of projects could include:
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transport, water, health and other social infrastructure projects;
property development;
waste handling and management;
building and construction projects;
energy and resources projects; and
mineral processing projects.
Category 2 – General Property
This category includes all areas of real property law including:
tenure and titles matters;
property development and redevelopment (including the subdivision of lands); and
property management.
Category 3 – Transactional Property
This category covers legal services in relation to property transactions including purchase, sale,
leasing and dealings with estates and rights related to commercial, residential and agricultural
land. The category also includes medium to high volume conveyancing work.
Category 4 – Planning and Environment
This category covers areas of planning and environment law such as:
protection, conservation and environmental management;
water;
threatened species;
pollution;
native vegetation;
waste handling management;
local government;
planning appeals; and
national parks and protected areas.
Category 5 – Compulsory Acquisitions
This category covers specialist legal expertise in the area of compulsory acquisitions of real
property.
Category 6 – Building and Construction
This category covers specialist legal expertise in building and construction law including building
contracts and building regulation.
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Category 7 – General Corporate and Commercial
This category covers any type of corporate or commercial transaction or matter which arises in
relation to a transaction in areas such as:
corporations law;
general contract law;
corporate governance;
corporate restructuring;
sale and acquisition of assets and/or businesses;
joint ventures;
government entity law;
personal property and securities law;
tendering and purchasing, outsourcing and procurement; and
insurance.
Category 8 – Banking and Finance
This category covers legal services relating to the borrowing, lending and use of money in the
highly regulated financial services environment including in areas such as:
transactional banking and finance matters including in the areas of project finance, secured
and unsecured lending and general debt finance structures;
financial regulation and related law;
debt capital markets including:
o domestic debt issues, subordinated and structured debt in the domestic market;
o credit-wrapped transactions; and
o project and infrastructure debt issues.
Category 9 – Competition Law
This category covers specialist legal expertise in competition and consumer law.
Category 10 – Taxation and Revenue
This category comprises specialist legal expertise in taxation and revenue law including federal
taxes and state revenue laws.
Category 11 – Energy and Resources
This category covers specialist legal services in areas such as:
energy and resources;
mineral processing;
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PTD000814 whole of Government Legal Services
energy regulation; and
climate change and emissions trading.
Category 12 – Workplace and Industrial
This category covers legal services in areas such as:
collective employment and bargaining;
general employment;
industrial relations;
discrimination / equal opportunity in a workplace and industrial context;
workers compensation; and
workplace health and safety.
Category 13 - Technology and Intellectual Property (IP)
This category covers legal services in the area of technology and intellectual property including
structuring and drafting of agreements for the development of information and communication
technology services and systems and telecommunications services. The category includes areas
such as:
biotechnology;
health and life sciences;
e-commerce;
management and protection of intellectual property;
information and communication technology (e.g. broadband systems); and
information security.
Category 14 – Complex Litigation
This category includes commissions and inquiries, complex debt recovery, complex coronial
matters and complex litigation, disputes and proceedings. Whether a matter is complex will be
determined by the Customer and will depend on the circumstances of the particular case having
regard to such factors as whether the matter involves:
complex legal and/or factual issues;
sensitive legal, political or policy issues;
significant expenditure;
the need for a large legal team, for example, because of multiple parties, volume of
evidence, length of proceedings or numerous interlocutory stages.
Category 15 – General Litigation
This category includes straightforward debt recovery and less complex litigation, disputes and
proceedings. Whether a matter is less complex will be determined by the Customer and will
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depend on the circumstances of the particular case. Less complex matters would generally involve
more routine, straightforward matters that do not exhibit factors listed in Category 14. For example,
matters involving simple legal questions and/or questions of fact.
Category 16 – Prosecutions and Advocacy
This category includes quasi-criminal and civil statutory prosecutions and appeals and reviews of
those decisions. This category also includes less complex coronial matters that do not exhibit
factors listed in Category 14.
Category 17 – Health Law
This category covers legal services in public health areas such as:
medico legal claims;
general advice pertaining to legal implications of clinical service delivery, policy or
procedure;
providing representation in relation to complaints and procedure with regulatory authorities;
providing assistance with particular health prosecution matters;
licensing, disputes and insurance matters;
public health matters or issues; and
clinical trial agreements.
Category 18 – Public Law/General
This category covers public law such as:
administrative law;
human rights and privacy issues;
discrimination / equal opportunity issues; and
general statutory interpretation.
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Annexure B to Schedule 1
Service requirements for medico legal claims
Engagement Time for completion
1. Letter to Queensland Government Insurance Fund (QGIF) confirming instructions detailing name of Key Personnel and other personnel, file reference; acknowledging reporting/liaising arrangements with Queensland Health
One Business Day from receipt of SOA Order
2. Letter to all relevant parties advising you act on behalf of QGIF
One Business Day from receipt of Contract
Advice
3. Initial written advice (including estimate of liability and cost to defend) to QGIF
10 Business Days from receipt of Contract
4. Updated written Advice (including estimate of liability and cost to defend) to QGIF
10 Business Days from receipt of new information which changes opinion / at least six months from last advice
Applications
5. Notify QGIF on receipt of application Within 24 hours via telephone / two
Business Days in writing from receipt of application
6. Instructions from claims officer prior to making/defending any applications
7. Written advice provided to QGIF Three Business Days post decision
Conference
8. Instructions from claims officer prior to selecting a mediator
9. Instructions from claims officer prior to setting a date for any type of conference (informal / compulsory conference, mediation) with four calendar weeks’ notice
Four calendar weeks’ notice
10. Confirm claims officer availability before agreeing a date for conference
11. Pre-conference advice to QGIF (informal settlement conference, compulsory conference, mediation) detailing quantum and strategy for conference
10 Business Days prior to a conference or as agreed
12. Where counsel is briefed for conference - counsel's advice to accompany pre-conference advice
10 Business Days prior to conference
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Engagement Time for completion
13. Written advice of outcome of conference (informal settlement conference, compulsory conference, mediation) to QGIF
Five Business Days post conference
14. Prior agreement with claims officer to number of personnel and who is to attend conferences
Experts
15. All investigations (liability-factual, surveillance, other, quantum-medico-legal, forensic accountant etc) undertaken post instructions from claims officer and carried out in a timely manner
16. Written request to claims officer seeking instructions prior to all investigations/experts being engaged detailing reasons for the engagement
17. Written request to claims officer seeking instructions prior to engaging medical specialist providing a panel of three relevant specialists
18. All expert reports to be received within four weeks, if not Supplier to follow up in a timely manner
Four weeks from instruction
Counsel
19. Instructions from claims officer prior to engaging counsel (with panel of three )
Time to be agreed
20. Fee and timeframe agreed on brief, where advice not received within agreed timeframe Supplier followed up
Time to be agreed / in default four weeks from instruction
21. Counsel's invoice reflects agreed estimate of costs and is forwarded to QGIF
Two Business Days from receipt
22. All counsel advices provided to claims officer Five Business Days from receipt
Litigated Matters
23. Instructions from claims officer prior to making/defending any applications
24. Instructions from claims officer prior to signing or tendering request for trial date
25. Instructions from claims officer prior to lodgement of appeal
26. Prior agreement with claims officer to number of personnel and who is to attend court hearings
27. Notification to QGIF when a matter has been allocated a trial date
Within one Business Day (telephone) / Two Business Days (writing)
28. Written advice to QGIF pre-trial detailing further 10 Business Days after the allocation
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Engagement Time for completion
negotiations, offers, future steps of the trial date
29. Written advice to QGIF post-trial detailing findings, advice on implications, claimant’s appeal avenues, counsel’s opinion and reaction to decision, recommendations as to appeal and if appeal is recommended – reasons, timeframe and recommendations as to senior counsel (panel of three) to be briefed on prospects
Three Business Days post judgment
Settlement
30. Written advice of settlement via email detailing outcome and future steps
Two Business Days from settlement
General conduct
31. All correspondence to be appropriately referenced with QGIF claim number
32. All relevant timeframes in legislation met (eg Personal Injuries Proceedings Act 2002 and Uniform Civil Procedure Rules 1999, other)
33. Supplier to implement strategies to resolve matters such as early admission of liability, early resolution of apportionment, timely progression towards informal settlement conference/mediation/compulsory conference, defensible mandatory final offer/formal offer
Other Instructions
34. Consultation with claims officer to discuss resolution strategy
35. Instructions from claims officer prior to making an offer
36. Instructions from claims officer prior to admitting liability
37. Instructions from claims officer prior to confirmation of existence of /or release of documents
38. Instructions from claims officer prior to instructing town agent
39. Prior agreement with claims officer to number of personnel and who is to attend external meetings
Documents to be provided
40. Provide the following documents to QGIF upon receipt with succinct commentary where appropriate:
Compliance response (additional compliance information obtained from the claimant
10 Business Days from receipt
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Engagement Time for completion
lawyers);
Liability notice;
Responses, contentions, complaints;
Expert reports (excluding any reference documents) including investigations (including witness statements);
Medical reports (excluding those provided by QGIF), independent medical expert report;
Counsel - instructions to; index to brief and advice;
All Court documents; and
All written submissions prior to all Court appearances.
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Annexure C to Schedule 1
Supplier Key Personnel
[Insert Key Personnel nominated by the Supplier in Schedule A – Response Schedule and
approved by the Principal to provide the Services. Complete for each category and/or
supplementary list to which the Supplier has been appointed.]
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Annexure D to Schedule 1
Supplier relationship managers
Panel Relationship Manager: Name:
Position:
Email address:
Phone number:
Postal address:
Category # [Name]
Category Relationship Manager
Name:
Position:
Email address:
Phone number:
Postal address:
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Schedule 2 – Price and Payment Terms
The Customer and Supplier may not amend this section in a Contract but may agree additional Pricing
details in a particular Contract.
2.1 Price
Maximum rates payable
The maximum hourly rates payable in connection with the Supplier’s personnel are set out in the
following table.
[Insert table with rates offered by the Supplier in Schedule A – Response Schedule.]
[Category 15 Health Law]
[The maximum rates payable in connection with Services provided for medico legal claims in
category 15 Health Law are set out in the following table.]
[Insert table with rates offered by the Supplier in Schedule A – Response Schedule.]
Disbursements
The Customer will pay for the following disbursements incurred by a Supplier when performing the
Services for a Customer:
Any disbursements pre-approved by the Customer in writing;
A disbursement that relates to the engagement of a barrister, external expert or specialists
(provided an estimate or quote of those fees are provided in advance to the Customer); and
Any disbursement for application, lodgement or filing fees required during the performance
of the Services.
No service charge or administration charge is to be applied to any expenses or disbursements.
Disbursements or other expenses that the Customer will pay for must be incurred in accordance
with any applicable government policy (as set out in Schedule 1 or otherwise notified to the
Supplier).
The Customer will not pay for:
Photocopying and printing of documents;
Word-processing time;
Postage and delivery charges;
Telephone charges; and
Travel time (unless pre-approved by the Customer in writing).
2.2 Price Reviews
The Supplier will not increase its maximum hourly rates specified in the table above for the
Services at any time during the two years from the start date of the SOA term.
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The Principal may, in its sole discretion, agree to an increase in the rates specified on the second
anniversary of the start date of the SOA term and at the time of exercise of any extension options
under the SOA. The maximum increase that may be approved is to be the equivalent of any
increase in the Consumer Price Index for Queensland for the calendar year immediately preceding
the second anniversary of the start date of the SOA term or the date of the exercise of the
extension option.
2.3 Discounts or rebates
The Supplier may provide discounts to the provision of the Services as agreed with the Customer
in the SOA Order.
2.4 Other pricing information
Non payment for unreasonable or excessive services
The Customer will not pay for Services that in the Customer’s reasonable opinion are excessive
and/or unnecessary. For the purposes of guidance only, the following will be considered excessive
and/or unnecessary, unless the Customer’s prior written approval has been obtained:
over reliance on counsel, unless expressly instructed by the Customer;
work not charged at the appropriate level, such as a lawyer completing administrative tasks
that can be undertaken by a legal assistant;
multiple lawyers settling the same piece of work;
more than two lawyers attending a court hearing or meeting;
more than one lawyer attending a directions hearing;
writing up meeting minutes or recording a file note except in unusually lengthy or complex
meetings; and
any items with a vague description such as “various attendances” or “drafting email”.
Non payment for incidental services
The Customer will not pay for the following incidental services and functions:
The Supplier’s development and maintenance of an awareness of, and research and
training of Key Personnel in relation to:
o the legislative and policy framework within which Customer operates;
o the overall scope of Customer’s business and operations; or
o Customers’ key priorities for each forthcoming year;
Compliance with the Customer’s policies;
Performance of incidental services or functions that are required for the proper performance
and provision of the Services including:
o day to day management of the Services;
o contract management;
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o client relationship management;
o participation in induction meetings; or
o compliance with the obligations and processes set out in this SOA and any SOA
Order;
Time spent by new personnel familiarising themselves with a matter before commencing
work on the matter;
Numerous consecutive one unit charges for performing work that is part of the same task
when each part of the work would not normally take one unit of time;
Researching simple or basic legal principles;
Newsletters and other public information;
General administrative work including arranging meetings, recording routine telephone calls
or meetings;
Internal discussions, meetings and conferences between personnel of the Supplier where
the objective is to set up internal processes to manage cases or to provide updates
between Supplier personnel. (The Customer will pay for internal meetings where proper
legal supervision is required or to progress a matter provided that the supporting narration
is detailed, the meeting advances the conduct of the matter; and there is demonstrated
value in the activity.); and
Value added services specified in Schedule 1.
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Schedule 3 – Performance Measurement
The Supplier must meet the following general standards in providing the Services:
Understanding of Customer’s requirements – The Supplier must provide Services that meet the Customer’s circumstances and
requirements and support the Customer’s policies and directions.
Quality of Services – The Supplier must provide high quality Services that are responsive to the question and practical and advice that is
accurate, succinct and easy to read.
Responsiveness – The Supplier must keep the Customer informed of the progress of matters and obtain sufficient instructions to enable
the Services to be provided efficiently.
Timeliness – The Supplier must provide Services on time.
Cost management – The Supplier must adopt strategies to actively manage and contain costs.
This Schedule describes how the Supplier’s performance will be measured under the SOA, including:
Key performance indicators or other performance measures proposed by the Principal;
Details of how KPI’s will be measured (e.g. identify reports); and
Consequences if performance is unsatisfactory.
Me
as
ure
Pe
rfo
rma
nc
e
Targ
et
Me
as
ure
me
nt
Ca
lcu
lati
on
Fre
qu
en
cy
of
Me
as
ure
me
nt
Re
sp
on
sib
ilit
y
Co
nseq
uen
ces
of
failu
re
Compliance with the SOA
and Contract
The Supplier must meet its
Compliance with all
requirements of the
SOA and Contract
No repeated breaches or
complaints
Satisfactory annual
Yearly Panel Manager Panel Manager
works with the
Supplier to
achieve
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obligations under the SOA performance review meeting compliance
Suspension or
termination of the
SOA in
accordance with
SOA Conditions
Compliance with panel
management and
reporting requirements
The Supplier must provide
reports and participate in
performance review
meetings as required under
the SOA
100% submission of
monthly reports to
Panel Manager
100% participation in
panel meetings
Submission of timely,
accurate and complete
monthly reports by Supplier
to the Panel Manager
Attendance at annual
performance review meeting
with Panel Manager
Attendance at ad hoc panel
meetings convened by the
Panel Manager
Monthly in
relation to
Supplier
reports
Yearly in
relation to the
annual
performance
review meeting
Panel Manager Panel Manager
works with the
Supplier to
achieve
compliance
Suspension or
termination of the
SOA in
accordance with
SOA Conditions
Quality of service
The Supplier must
understand and meet the
Customer’s needs and
provide high quality
Services that are responsive
to the question and practical
and advices that are
accurate, succinct and easy
to read
80% average score
over the quarter in post
matter Customer
surveys
Post matter surveys
completed by Customers in
relation to:
Understanding needs –
the Supplier must be
capable of and committed
to understanding the
Customer’s
circumstances and
requirements
Meeting needs – the
Supplier must provide
Services in a manner that
Post matter
Quarterly
Yearly
Customer in
relation to post
matter surveys
Panel Manager
in relation to
quarterly reports
and annual
performance
review
Panel Manager
works with the
Supplier to
achieve
compliance
Suspension or
termination of the
SOA in
accordance with
SOA Conditions
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identifies and meets the
Customer’s
circumstances and
requirements and
supports the Customer’s
policies and directions
Quality of advice – the
Supplier must provide
advice that is accurate,
succinct, easy to read
Quality of Services – the
Supplier must provide
high quality Services that
are responsive to the
question and practical
Managing costs
The Supplier must adopt
strategies to actively
manage and contain costs
Services provided
within the quote (as
amended from time to
time) as reported in the
Supplier’s monthly
report
% undisputed invoices
reported by Supplier
Post matter Customer
survey (value for
money - satisfaction
with management of
costs e.g. resource
mix)
The Supplier is required to
report monthly on:
cost of matters in relation
to a quote;
matters where cost
exceeds quotes; and
disputed invoices
Customers will answer
question in post matter
survey on value for money
Monthly in
relation to
Supplier
reports
Post matter in
relation to
value for
money
Quarterly in
relation to
Panel Manager
report
Yearly in
relation to
annual
Supplier in
relation to
monthly reports
Customer in
relation to post
matter surveys
Panel Manager
in relation to
quarterly reports
and annual
performance
review meeting
The Customer will
not pay for
amounts that
exceed the quote
unless the
Customer has
given approval for
the amended
quote
Panel Manager
works with the
Supplier to
achieve
compliance
Suspension or
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PTD000814 whole of Government Legal Services
performance
review
termination of the
SOA in
accordance with
SOA Conditions
Responsiveness
The Supplier must keep the
Customer informed of the
progress of matters and
obtain sufficient instructions
to enable the Services to be
provided efficiently
The Supplier must provide
Services on time
Services provided
within the agreed
timeframe (as
amended from time to
time) as reported in the
Supplier’s monthly
report
Post matter Customer
survey
(responsiveness)
Supplier reports monthly on
provision of services on
matters within agreed
timelines
Post matter survey
completed by the Customer
in relation to:
Communication - the
Supplier must keep the
Customer informed of the
progress of matters and
obtain sufficient
instructions to enable the
Services to be provided
efficiently
Timeliness – the Supplier
must provide Services on
time
Monthly in
relation to
Supplier
reports
Quarterly in
relation to
Panel Manager
quarterly report
Yearly in
relation to
annual review
meeting
Supplier in
relation to
monthly reports
Customer in
relation to post
matter surveys
Panel Manager
in relation to
quarterly reports
and annual
performance
review meeting
Panel Manager
works with the
Supplier to
achieve
compliance
Suspension or
termination of the
SOA in
accordance with
SOA Conditions
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Schedule 4 – SOA Governance
This Schedule sets out governance arrangements at the SOA level.
The Customer and Supplier may not amend this section in a Contract but may agree additional
governance requirements for a particular Contract.
1. SOA reporting requirements
The Supplier must provide the following reports:
a) Monthly reports to the Panel Manager using the headings set out in Annexure B to this schedule (or
in such other form required by the Panel Manager from time to time) within 10 Business Days of the
end of the month;
b) Ad hoc reports as requested from time to time by the Panel Manager in a form and within the
timeframe requested by the Panel Manager; and
c) Ad hoc reports on matters as requested from time to time by a Customer in a form and within the
timeframe requested by the Customer.
The Panel Manager must provide a quarterly report to Customers on panel usage and expenditure and
Supplier performance and benchmarking in relation to SOA obligations and performance measures in
Schedule 3 in the form and within the timeframe determined by the Panel Manager and the Principal.
The Panel Manager may provide reports to Panel Relationship Managers in relation to panel usage
which may include expenditure, benchmarking and other information as determined by the Panel
Manager and the Principal. The Panel Manager may introduce a technology solution to assist in the
management of the panel and the performance review process. Suppliers may be asked to assist in the
implementation of the technology solution.
2. SOA meeting requirements
The Supplier must attend the following meetings:
a) Annual review meeting with the Panel Manager;
b) Ad hoc meetings with the Panel Manager; and
c) Ad hoc meetings with Customers or Supplier Relationship Manager.
The Supplier may, in its discretion, appoint both the Panel Relationship Manager and Category
Relationship Manager to attend the meetings.
2.1. Annual review meeting with the Panel Manager
The Supplier must attend an annual review meeting with the Panel Manager to:
a) review the performance of the Supplier over the preceding SOA term year,
measured against the obligations under the SOA and the performance measures
specified in Schedule 3;
b) discuss and monitor the effectiveness of the panel arrangement and opportunities
for improvement including potential cost savings initiatives;
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c) facilitate information exchange between the Supplier, the Panel Manager and
Eligible Customers.
The Panel Manager will convene the meeting by providing at least 10 Business Days’ written
notice to the Supplier.
The Panel Manager will prepare the agenda and record the minutes of the meeting.
The Panel Manager may invite one or more Supplier Relationship Managers to attend the
annual review meeting.
2.2. Ad hoc meetings with the Panel Manager
The Supplier must attend any ad hoc meetings convened by the Panel Manager to discuss any
issue relating to the performance of the Supplier’s obligations under the SOA.
The Panel Manager will provide five Business Days’ written notice to the Supplier of the
meeting which may be held in person or by teleconference.
The Panel Manager will prepare the agenda and record the minutes of the meeting.
The Panel Manager may invite one or more Customers to attend the meeting.
2.3. Ad hoc meetings with the Customers or Supplier
Relationship Managers
The Supplier must attend ad hoc meetings convened by Customers or Supplier Relationship
Managers including:
briefing sessions conducted by Customers to understand the structure and operational
requirements of the Customer; and
periodic meetings with Customers to review matters.
The Customer will provide five Business Days’ written notice to the Supplier of the meeting
which may be held in person or by teleconference.
The Customer will prepare the agenda and record the minutes of the meeting.
3. Escalation of SOA issues
3.1. Governance framework
The governance model for the whole of government legal services panel, including roles and
responsibilities in relation to oversight of the panel arrangement, panel management,
Customers and Suppliers, is set out at Annexure A to this schedule.
3.2. Resolution of disputes
In the event of any dispute arising in relation to this SOA including an SOA Order and Contract,
the Customer and the Supplier (by its Panel Relationship Manager or Category Relationship
Manager as appropriate) will attempt to resolve the dispute by negotiation.
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If the dispute is not resolved within 10 Business Days, the dispute will be escalated to the
Panel Manager and Supplier (by its Panel Relationship Manager) to attempt to resolve the
dispute by negotiation.
If the dispute is not resolved within 30 Business Days, the Customer and Supplier may agree in
writing to refer the dispute to mediation. The costs of any mediation shall be shared equally
between the parties.
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Annexure A to Schedule 4 Governance framework
1. Governance model
The Principal is committed to establishing a governance structure that promotes continuous
improvement in the delivery of Services during the lifetime of the SOA.
The governance model for the whole of government legal services model is set out in the following
diagram.
2. Roles and responsibilities
Strategic oversight of the SOA will be provided by the Legal Services Coordination Unit within the
Department of Justice and Attorney-General (DJAG) and the Procurement Transformation Division
within the Department of Housing and Public Works (DHPW) acting collaboratively.
The Director, Legal Services Coordination Unit, DJAG will be the Panel Manager for the SOA but is
supported in that role by the Procurement Transformation Division, DHPW.
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The Panel Manager will be responsible for managing the SOA including managing relationships
with Suppliers at the SOA level. Customers and Suppliers will be responsible for the day to day
management of Contracts for Services entered into under the SOA.
An expert advisory group consisting of representatives of eligible Customers will support the Panel
Manager including by providing subject matter expertise and advice about legal requirements.
The expectation is that Suppliers, eligible Customers and the Panel Manager will engage
effectively at the strategic and operation levels and work together to continuously improve the
delivery of Services under the SOA.
Panel Manager
The Panel Manager is responsible for:
managing the SOA
managing Supplier relationships at the SOA level;
monitoring, reviewing and benchmarking Suppliers’ performance against the Supplier’s
obligations under the SOA and performance measures in Schedule 3;
receiving monthly reports from Suppliers;
receiving post matter surveys from Customers;
reporting to Customers and Suppliers in relation to the SOA including panel usage,
expenditure and performance;
convening meetings of the expert advisory group;
establishing policies and procedures for the panel;
approving the opt in of eligible Customers to the panel arrangement and maintaining and
providing to Suppliers and Customers a central list of eligible Customers and Supplier
Relationship Managers for those Customers;
managing ad hoc issues;
assisting Customers to resolve disputes with Suppliers;
identifying opportunities for continuous improvement; and
other responsibilities as identified from time to time by the Principal.
Expert advisory group
The expert advisory group is chaired by the Panel Manager and includes eligible Customer
representatives and Supplier Relationship Managers. The expert advisory group acts as an advisor
to the Panel Manager.
The expert advisory group’s responsibilities include:
providing subject matter expertise as required;
providing guidance on the legal requirements of Customers;
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providing advice on the operation of the panel;
reviewing reports on the operation and outcomes of the panel arrangement; and
identifying opportunities for continuous improvement.
Customers
The responsibilities of Customers include:
appointing suitably qualified and experienced people as Supplier Relationship Managers
and maintaining the currency of those details with the Panel Manager;
managing operational relationships with Suppliers;:
engaging Suppliers to provide Services and day to day management of Services in
accordance with Contracts;
completing post matter surveys on Supplier performance and providing results to the Panel
Manager;
applying informed purchasing principles to the engagement of Suppliers including providing
clear instructions and monitoring performance and costs; and
identifying opportunities for continuous improvement.
Suppliers
The responsibilities of Suppliers include:
appointing a Panel Relationship Manager to act as the Supplier’s key contact for the panel
arrangement;
appointing a Category Relationship Manager to act as the Supplier’s key contact for the
category;
performing legal services in accordance with this SOA and Contracts;
providing the Panel Manager with all reasonable information requested by the Panel
Manager for the purpose of determining whether the Supplier is complying with its
obligations under this SOA;
providing reports as required under the SOA;
notifying the Panel Manager and Customers of any issues that arise in relation to the
performance of its obligations under this SOA;
attending meetings as required by the Panel Manager and Customers; and
identifying opportunities for continuous improvement.
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Annexure B to Schedule 4 Reporting template
Supplier Name Self-explanatory
Supplier matter number /Customer reference number
Insert your Supplier’s unique matter number [along with the Customer’s reference number]
Matter Name Self-explanatory
Customer Name Choose from drop down list.
Category Choose from drop down list.
Key Personnel Self-explanatory
Key Personnel’s Position Self-explanatory
Customer Contact This is the person at the Customer who contacted you and is giving instructions. Correct email addresses must be provided. Contact's email address
Matter Status Open, Closed, or General File - Ongoing
Billing Method
Choose from: - Capped Fee - Fixed Fee - Quote - Hourly Rates (blended) - Hourly Rates (standard) - Retainer - Secondment - Volume Based Discount - Other
Quote (as updated from time to time) Either '[figure]'or 'Secondment'. This is for the entire matter across any length of time, not just in relation to this report
Fees Invoiced to date this month (excluding disbursements)
Excludes disbursements and GST. This is only what you have invoiced during this month alone. There should always be a figure here, as this report is for all work billed in the last month
Fees invoiced to date this month by role Insert hours billed by role
Fees Invoiced to date this month (including disbursements)
Includes disbursements and excludes GST. This is only what you have invoiced during this month alone. There should always be a figure here, as this report is for all work billed in the last month
Was invoice in accordance with quote? Insert yes/no.
Was a dispute raised with respect to the invoice rendered?
Insert yes/no.
Total Invoiced to Date for entire matter (excluding disbursements)
This figure is for the entire matter across any length of time. It excludes disbursements and GST.
Total Invoiced to Date for entire matter (including disbursements)
This figure is for the entire matter across any length of time. It includes disbursements and excludes GST.
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Schedule 5 – SOA Order Form
A Contract is created when the Supplier and Customer agree the commercial details relevant to the
Contract using the SOA Order, in accordance with this Schedule 5. This Schedule contains the process
for Customers placing an SOA Order and an example of an SOA Order that the Supplier and Customer
might use. The SOA Order is part of the Contract.
The details identified below are the only details that the Supplier and Customer can change as part of
the Contract. The details in an SOA Order relate only to the particular Contract for which they are
agreed. Nothing in an SOA Order can modify the SOA Details or affect any other Contracts that may be
agreed under the same SOA. The Customer will complete and submit the SOA Order.
Process for Customers placing an SOA Order
A Customer wishing to engage a Supplier to perform the Services must complete Part A of the
SOA Order below and email it to the Supplier. The Supplier must complete the information specified
in Part B of the SOA Order below, and email it to the Customer. If the form of SOA Order set out
below is not used, an equivalent form containing the relevant details may be used by a Customer.
The suggested steps in creating a Contract are set out below:
1. Step 1
Customer and Supplier confirm Supplier’s capacity including availability of relevant Key
Personnel.
2. Step 2
Supplier completes Conflict of Interest check in accordance with Schedule 1 of the SOA.
3. Step 3
Customer and Supplier agree initial quote.
4. Step 4
Customer completes Part A of the SOA Order below (or equivalent form).
5. Step 5
Supplier completes Part B of the SOA Order below (or equivalent form).
6. Step 6
Amendments to the Contract are made in writing in accordance with the General Contract
Conditions.
If the Services are required to be performed urgently, so that it is impractical for the Customer and
the Supplier to fully complete the SOA Order before commencing the Services, the SOA Order
must be completed as soon as reasonably practicable after commencing the Services. The
Supplier must still confirm to the Customer that it has no actual, potential or perceived Conflict of
Interest in providing the Services on an urgent basis.
The Customer may in any SOA Order, nominate specific Key Personnel to provide or supervise the
delivery of the Services.
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The Principal may vary the SOA Order form during the term of the SOA, including moving to a
technology solution.
Example SOA Order form
SOA ORDER FORM
PART A: CUSTOMER TO COMPLETE
Matter Name:
Customer Reference:
Date
Category
Supplier
Nominated Key Personnel (if required)
Customer details
Name: [insert]
ABN or ACN: [insert]
Street address: [insert]
Postal address: [insert]
Contact person: [insert]
Position: [insert]
Email: [insert]
Telephone: [insert]
All notices and other communications relating to the
Contract are to be sent to the Customer at the details set
out in this item, or any updated details that the Customer
provides to the Supplier in writing.
Supplier Relationship Manager Name: [insert]
Position: [insert]
Email: [insert]
Telephone: [insert]
Customer Requirements [Customer to insert details of their order / requirements
for the Services. The Customer may prefer to attach a
separate scope of work if necessary, e.g. if there are a
number of deliverables required or detailed instructions
are required]
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Timeline for services Service period:
Key Milestones:
Contract governance requirements [Specify here any specific governance requirements that
the Customer has of the Supplier (e.g. providing
additional reports to the Customer, attending meetings
with the Customer, escalation process for issues relating
to the Contract with the Customer, or any other
requirements for ‘relationship management’. Customers
should not duplicate governance which is being provided
at the SOA level.]
Additional Information
PART B: SUPPLIER TO COMPLETE
Scope of work and
proposed
management
approach to the matter
Key Personnel
Name: Position Title: Phone: Email: Role / key obligations: Level of involvement:
Other personnel Name: Position Title: Phone: Email: Role / key obligations: Level of involvement:
Price
[Supplier should insert details of how it will price the matter. Initially this
should be in a form of a quote and clearly set out how the quote was
arrived at. Innovative fee arrangements are encouraged where
appropriate. Alternatively, the Supplier may suggest using the maximum
hourly rates set out in the SOA in order to provide a quote.]
Assumptions
Conflicts of interest The Supplier has made diligent inquiry whether [name of Supplier]
has any actual, potential or perceived Conflict of Interest if [name of
Supplier] were to provide the Services described in this SOA Order
and has disclosed any actual, potential or perceived Conflict of
Interest below.
Disclose any and all actual, potential or perceived Conflicts of Interest: