Annexure B of Letter of Acceptance

ANNEXURE B of LETTER OF ACCEPTANCE

[to be completed by the commonwealth prior to issuing the LETTER OF ACCEPTANCE. there are AT LEAST two attachments to annexure b of the letter of acceptance]

Contract ParticularS

[THESE CONTRACT PARTICULARS SHOULD BE THE SAME AS THOSE ATTACHED TO TEMPLATE LETTER 3 - REQUEST FOR PROPOSAL, AS AMENDED AND UPDATED BY the COMMONWEALTH SINCE THE ISSUE OF THE REQUEST FOR PROPOSAL AND DRAWN FROM INFORMATION IN thE CONSultant's Proposal where such information iS accepted by THE COMMONWEALTH]

CLAUSE 1 - GLOSSARY OF TERMS, INTERPRETATION AND MISCELLANEOUS
Award Date:
(Clause 1.1) / [COMMONWEALTH TO INSERT AWARD DATE]
Brief:
(Clause 1.1) / As set out in Annexure A to the Commonwealth Letter of Acceptance dated [COMMONWEALTH TO INSERT DATE]
Commonwealth's Representative:
(Clause 1.1) / The person holding the position of [COMMONWEALTH TO INSERT POSITION TITLE] for the time being [COMMONWEALTH TO INSERT NAME]
Consultant:
(Clause 1.1) / [COMMONWEALTH TO INSERT LEGAL NAME AND ABN OF SUCCESSFUL CONSULTANT]
Consultant's Representative:
(Clause 1.1) / The person holding the position of [COMMONWEALTH TO INSERT], for the time being [COMMONWEALTH TO INSERT NAME]
Contract:
(Clause 1.1) / 1. Letter of Acceptance
2. Contract Particulars
3. Special Conditions (if any)
4. Terms of Engagement
5. Brief
6. Panel Agreement
7. Project DCAP
8. Other documents forming part of the Contract (if any)
Other documents forming part of the Contract (if any):
[COMMONWEALTH TO INSERT OTHER DOCUMENTS FORMING PART OF THE CONTRACT: OR
No other documents form part of the Contract]
Executive Negotiators:
(Clause 1.1) / Commonwealth: The person holding the position of [COMMONWEALTH TO INSERT], for the time being [COMMONWEALTH TO INSERT NAME]
Consultant: The person holding the position of [COMMONWEALTH TO INSERT], for the time being [COMMONWEALTH TO INSERT NAME]
Fee:
(Clause 1.1) / [COMMONWEALTH TO SELECT APPLICABLE OPTION AND DELETE OPTIONS THAT ARE NOT APPLICABLE]
[OPTION 1: LUMP SUM]
$[COMMONWEALTH TO INSERT]
[OPTION 2: MANAGING CONTRACTOR DELIVERY OR OPTION 3: TWO PHASES]
Planning Phase Fee: $[COMMONWEALTH TO INSERT]
Indicative Delivery Phase Fee: $[COMMONWEALTH TO INSERT]
[OPTION 4: THREE PHASES]
Initial Planning Phase Fee: $[COMMONWEALTH TO INSERT]
Indicative Planning Phase Fee: $[COMMONWEALTH TO INSERT]
Indicative Delivery Phase Fee: $[COMMONWEALTH TO INSERT]
[OPTION 5: SCHEDULE OF RATES]
The amount calculated by multiplying the quantity of [hours/days] by the [hourly/daily] rate in the Schedule of Rates. [COMMONWEALTH TO CONFIRM IF HOURLY/DAILY RATES ARE APPLICABLE]
Milestone Fee Payment Schedule:
(Clause 1.1) / A Milestone Fee Payment Schedule [does/does not] apply. [COMMONWEALTH TO CONFIRM IF A MILESTONE FEE PAYMENT SCHEDULE IS APPLICABLE]
If a Milestone Fee Payment Schedule applies, the Milestone Fee Payment Schedule is set out in Attachment 2 to Annexure B of the Letter of Acceptance.
Milestones:
(Clause 1.1) / Milestone / Description
[COMMONWEALTH TO INSERT] / [COMMONWEALTH TO INSERT DESCRIPTION]
[COMMONWEALTH TO INSERT] / [COMMONWEALTH TO INSERT DESCRIPTION]
Project:
(Clause 1.1) / [COMMONWEALTH TO INSERT THE NAME OF THE PROJECT]
Project Contracts:
(Clause 1.1) / [COMMONWEALTH TO INSERT THE NAMES OF THE CONTRACTS THAT THE CONSULTANT WILL ADMINISTER OR MANAGE ON BEHALF OF COMMONWEALTH: OR
Not applicable]
Project DCAP:
(Clause 1.1) / The Project DCAP set out in Attachment 1 to Annexure B of the Letter of Acceptance.
Site:
(Clause 1.1) / [COMMONWEALTH TO INSERT A DESCRIPTION OF THE LOCATION OF THE SITE OR REFER TO AN ATTACHMENT IF SITE MAP IS TO BE USED AS REFERENCE]
Works:
(Clause 1.1) / [COMMONWEALTH TO INSERT SHORT DESCRIPTION OF THE WORKS – THE RELEVANT FACILITY OR INFRASTRUCTURE (PHYSICAL WORKS)]
Governing Law:
(Clause 1.3(a)) / [COMMONWEALTH TO INSERT STATE OR TERRITORY WITHIN AUSTRALIA - MOST LIKELY WHERE THE WORKS ARE/WILL BE SITUATED OR: Australian Capital Territory]
CLAUSE 2 - ROLE OF THE CONSULTANT
Subconsultants:
(Clause 2.9(a)) / Subconsultant / Services
[COMMONWEALTH TO INSERT FULL LEGAL NAME AND ABN/ACN] / [COMMONWEALTH TO INSERT DESCRIPTION OF RELEVANT SERVICES]
Statutory Requirements with which the Consultant does not need to comply:
(Clause 2.10(a)) / [COMMONWEALTH TO INSERT DESCRIPTION: OR
The Consultant must comply with all Statutory Requirements]
Approvals which the Consultant is to assist the Commonwealth to apply for and obtain:
(Clause 2.10(b)(i)) / [COMMONWEALTH TO INSERT DESCRIPTION OF SPECIFIC APPROVALS: OR
The Consultant is to assist with applying for and obtaining all necessary Approvals]
CLAUSE 4 - PERSONNEL
Assistant Commonwealth's Representatives and their functions:
(Clause 4.4(b)) / Person / Function
[COMMONWEALTH TO INSERT NAME] / [COMMONWEALTH TO INSERT FUNCTIONS TO BE PERFORMED]
[COMMONWEALTH TO INSERT NAME] / [COMMONWEALTH TO INSERT FUNCTIONS TO BE PERFORMED]
Contract Key People:
(Clause 4.5(a)) / Person / Function
[COMMONWEALTH TO INSERT NAME] / [COMMONWEALTH TO INSERT FUNCTIONS TO BE PERFORMED]
[COMMONWEALTH TO INSERT NAME] / [COMMONWEALTH TO INSERT FUNCTIONS TO BE PERFORMED]
CLAUSE 5 - DOCUMENTATION
Order of precedence of documents in the case of any ambiguity, discrepancy or inconsistency:
(Clause 5.10) / 1. Letter of Acceptance
2. Contract Particulars
3. Special Conditions (if any)
4. Terms of Engagement
5. Brief
6. Panel Agreement
7. Project DCAP
8. Other documents forming part of the Contract (if any)
CLAUSE 7 - TIME
Maximum interval between
program updates by Consultant:
(Clause 7.2(b)) / [COMMONWEALTH TO INSERT A TIME PERIOD FOR PROGRAM UPDATES,
eg Monthly]
Program software:
(Clause 7.2(d)) / [COMMONWEALTH TO INSERT THE TYPE OF PROGRAM TO BE USED, ENSURING SPECIFICATION OF APPROVED EQUIVALENTS,
eg Microsoft Project or approved equivalent]
CLAUSE 9 - PAYMENT
Times for submission of payment claims by the Consultant to Commonwealth's Representative:
(Clause 9.2(a)) / [commonwealth to select applicable TIME FOR SUBMISSION OF PAYMENT CLAIMS AND DELETE REFERENCE TO TIME THAT IS NOT applicable]
[monthly]
Monthly on the [COMMONWEALTH TO INSERT DAY eg 28th] day of each month
OR
[ON COMPLETION OF MILESTONES]
Completion of the following Milestones:
[commonwealth to INSERT MILESTONES APPLICABLE TO submission OF PAYMENT CLAIMS]
and if a Milestone Fee Payment Schedule applies, in accordance with the Milestone Fee Payment Schedule.
Interest Rate:
(Clause 9.9(a)) / Australian Taxation Office-sourced General Interest Charge Rate current at the due date for payment or such other rate nominated in writing from time to time by the Commonwealth's Representative
Appointed adjudicator/Authorised nominating authority:
(Clause 9.14(d)) / [COMMONWEALTH TO INSERT NAME, COMPANY (IF APPLICABLE) AND ABN OF SPECIFIC ADJUDICATOR]
CLAUSE 11 - DISPUTE RESOLUTION
Industry expert who will conduct expert determinations:
(Clause 11.3(a)(i)) / [COMMONWEALTH TO INSERT NAME, COMPANY (IF APPLICABLE) AND ABN OF SPECIFIC EXPERT: OR
None specified]
Nominating authority for expert:
(Clause 11.3(a)(ii)) / [COMMONWEALTH TO INSERT NAME, COMPANY (IF APPLICABLE) AND ABN OF SPECIFIC NOMINATING AUTHORITY: OR
[The President for the time being of the Institute of Arbitrators and Mediators Australia]
CLAUSE 12 - NOTICES
Address and facsimile number, for the giving or serving of notices, upon:
(Clause 12.7) / Commonwealth:
Attn: [COMMONWEALTH TO INSERT NAME/POSITION]
[COMMONWEALTH TO INSERT STREET ADDRESS (DO NOT USE PO BOX)]
[COMMONWEALTH TO INSERT SUBURB, STATE, POSTCODE]
Fax: [COMMONWEALTH TO INSERT NUMBER]
Consultant:
Attn: [COMMONWEALTH TO INSERT NAME/POSITION]
[COMMONWEALTH TO INSERT STREET ADDRESS (DO NOT USE PO BOX)]
[COMMONWEALTH TO INSERT SUBURB, STATE, POSTCODE]
Fax: [COMMONWEALTH TO INSERT NUMBER]
CLAUSE 13 - BUILDING CODE 2013
Applicability of clause 13:
(Clause 13) / [COMMONWEALTH TO CONFIRM IF APPLICABLE]
Clause 13 [does/does not] apply
Clause 13 does not apply unless stated.
CLAUSE 14 - INDIGENOUS OPPORTUNITIES
Applicability of clause 14:
(Clause 14) / [COMMONWEALTH TO CONFIRM IF APPLICABLE]
Clause 14 [does/does not] apply
Clause 14 does not apply unless stated.
CLAUSE 15 - FAIR WORK PRINCIPLES
Applicability of clause 15:
(Clause 15) / [COMMONWEALTH TO CONFIRM - NOTE THAT THE GOVERNMENT HAS ANNOUNCED THAT THEY WILL BE REVOKED AND WILL NOT APPLY FROM 1 JULY 2014]
Clause 15 [does/does not] apply
Clause 15 does not apply unless stated.

MENU OF SPECIAL CONDITIONS

[COMMONWEALTH TO CONFIRM CROSS-REFERENCES TO THE APPLICABLE SPECIAL CONDITIONS AND DELETE CONTRACT PARTICULAR IF NOT APPLICABLE TO THE CONTRACT]
Number of days during which the Commonwealth's Representative may reject the Consultant Material:
(Special Condition 1) / [COMMONWEALTH TO INSERT NUMBER OF DAYS eg 14]
Additional Environmental requirements:
(Special Condition 5(c)(xi)C) / [COMMONWEALTH TO INSERT ADDITIONAL REQUIREMENTS: OR
Nil additional]
Additional ESD requirements:
(Special Condition 5(c)(xiii)M) / [COMMONWEALTH TO INSERT ADDITIONAL REQUIREMENTS: OR
Nil additional]
Number of days for submission of Project Plans:
(Special Condition 6(a)(ii)A1)) / [COMMONWEALTH TO INSERT NUMBER OF DAYS eg 14]
Number of days for review of Project Plans:
(Special Condition 6(a)(ii)B) / [COMMONWEALTH TO INSERT NUMBER OF DAYS eg 21]
Project Plans:
(Special Condition 6(c)(ii)) / [COMMONWEALTH TO INSERT NAMES OF PLANS]
Additional Work Health and Safety Plan matters:
(Special Condition 6(c)(iii)A) / [COMMONWEALTH TO INSERT ADDITIONAL REQUIREMENTS: OR
Nil additional]
Additional Site Management Plan matters:
(Special Condition 6(c)(iv)A) / [COMMONWEALTH TO INSERT ADDITIONAL REQUIREMENTS: OR
Nil additional]
Date for Planning Phase Agreement:
(Special Condition 7.7) / [COMMONWEALTH TO INSERT DATE]
Date for Planning Phase Approval:
(Special Condition 7.7) / [COMMONWEALTH TO INSERT DATE]
Indicative Delivery Phase Fee:
(Special Condition 7.7) / $[COMMONWEALTH TO INSERT]
Indicative Resource Plan (Delivery Phase):
(Special Condition 7.7) / As set out in Attachment 2 to Annexure B of the Letter of Acceptance.
Initial Delivery Phase Fee Proposal:
(Special Condition 7.7) / As set out in Attachment 2 to Annexure B of the Letter of Acceptance.
Date for Initial Planning Phase Agreement:
(Special Condition 13.11) / [COMMONWEALTH TO INSERT DATE]
Date for Initial Planning Phase Approval:
(Special Condition 13.11) / [COMMONWEALTH TO INSERT DATE]
Date for Planning Phase Agreement:
(Special Condition 13.11) / [COMMONWEALTH TO INSERT DATE]
Date for Planning Phase Approval:
(Special Condition 13.11) / [COMMONWEALTH TO INSERT DATE]
Indicative Delivery Phase Fee:
(Special Condition 13.11) / $[COMMONWEALTH TO INSERT]
Indicative Planning Phase Fee:
(Special Condition 13.11) / $[COMMONWEALTH TO INSERT]
Indicative Resource Plan (Delivery Phase):
(Special Condition 13.11) / As set out in Attachment 2 to Annexure B of the Letter of Acceptance.
Indicative Resource Plan (Planning Phase):
(Special Condition 13.11) / As set out in Attachment 2 to Annexure B of the Letter of Acceptance.
Initial Planning Phase Fee Proposal:
(Special Condition 13.11) / As set out in Attachment 2 to Annexure B of the Letter of Acceptance.
Initial Delivery Phase Fee Proposal:
(Special Condition 13.11) / As set out in Attachment 2 to Annexure B of the Letter of Acceptance.
Date for Planning Phase Agreement:
(Special Condition 14.11) / [COMMONWEALTH TO INSERT DATE]
Date for Planning Phase Approval:
(Special Condition 14.11) / [COMMONWEALTH TO INSERT DATE]
Indicative Delivery Phase Fee:
(Special Condition 14.11) / $[COMMONWEALTH TO INSERT]
Indicative Resource Plan (Delivery Phase):
(Special Condition 14.11) / As set out in Attachment 2 to Annexure B of the Letter of Acceptance.
Initial Delivery Phase Fee Proposal:
(Special Condition 14.11) / As set out in Attachment 2 to Annexure B of the Letter of Acceptance.
SCOPE OF SERVICES
Asbestos survey description:
(Paragraph 2.1, Asbestos Services) / [COMMONWEALTH TO INSERT DESCRIPTION]
Commonwealth Representative (Asbestos):
(Annexure 1, Appendix 2, Asbestos Services) / The person holding the position of [COMMONWEALTH TO INSERT POSITION TITLE] for the time being [COMMONWEALTH TO INSERT NAME]
Milestones of each Phase:
(Paragraph 1.2, Project Manager/Contract Administrator (Planning)) / Milestone / Description
[COMMONWEALTH TO INSERT] / [COMMONWEALTH TO INSERT DESCRIPTION]
[COMMONWEALTH TO INSERT] / [COMMONWEALTH TO INSERT DESCRIPTION]
Milestones of each Phase:
(Paragraph 1.2, Project Manager/Contract Administrator (Delivery)) / Milestone / Description
[COMMONWEALTH TO INSERT] / [COMMONWEALTH TO INSERT DESCRIPTION]
[COMMONWEALTH TO INSERT] / [COMMONWEALTH TO INSERT DESCRIPTION]

ATTACHMENT 1 TO ANNEXURE B

PROJECT DCAP

[COMMONWEALTH TO ATTACH THE CONSULTANT'S FINALISED PROJECT DCAP HERE. IN THE UNUSUAL EVENT THAT THE PROJECT DCAP HAS TO BE FINALISED AFTER THE AWARD DATE (WHICH IS NOT THE COMMONWEALTH'S DEFAULT POSITION), A SPECIAL CONDITION WITH RESPECT TO THE FINALISATION PROCESS MUST BE INSERTED HERE. A DRAFT SPECIAL CONDITION IS AVAILABLE FROM THE PANEL MANAGER]

ATTACHMENT 2 TO ANNEXURE B

FEE

[COMMONWEALTH TO SELECT APPLICABLE FEE STRUCTURE OPTION, TIME FOR PAYMENT CLAIMS AND REIMBURSABLE COSTS PARAGRAPH AND DELETE THOSE THAT ARE NOT APPLICABLE]

1.  Fee:

[OPTION 1: LUMP SUM]

Fee: $[COMMONWEALTH TO INSERT]

[OPTION 2: MANAGING CONTRACTOR DELIVERY OR OPTION 3: TWO PHASES ]

Planning Phase Fee: $[COMMONWEALTH TO INSERT]

Indicative Delivery Phase Fee: $[COMMONWEALTH TO INSERT INSERT]

Indicative Resource Plan (Delivery Phase):
[COMMONWEALTH TO INSERT]

Initial Delivery Phase Fee Proposal:
[COMMONWEALTH TO INSERT]

[OPTION 4: THREE PHASES]

Indicative Planning Phase Fee: $[COMMONWEALTH TO INSERT]

Indicative Delivery Phase Fee: $[COMMONWEALTH TO INSERT]

Indicative Resource Plan (Planning Phase):
[COMMONWEALTH TO INSERT]

Indicative Resource Plan (Delivery Phase):
[COMMONWEALTH TO INSERT]

Initial Resource Plan (Planning Phase):
[COMMONWEALTH TO INSERT]

Initial Resource Plan (Delivery Phase):
[COMMONWEALTH TO INSERT]

[OPTION 5: SCHEDULE OF RATES]

You will be paid for the performance of the Services on the basis of the [daily/hourly] rates in the Schedule of Rates set out in Appendix 2 of the Panel Agreement. [COMMONWEALTH TO CONFIRM IF HOURLY/DAILY RATES ARE APPLICABLE]

2.  Milestone Fee Payment Schedule

A Milestone Fee Payment Schedule [does/does not] apply. [COMMONWEALTH TO CONFIRM IF A MILESTONE FEE PAYMENT SCHEDULE IS APPLICABLE]

[OPTION 1: LUMP SUM - IF A MILESTONE FEE PAYMENT SCHEDULE APPLIES]

Milestone / Amount
[COMMONWEALTH TO INSERT] / $[COMMONWEALTH TO INSERT]
[COMMONWEALTH TO INSERT] / $[COMMONWEALTH TO INSERT]

[OPTION 2: MANAGING CONTRACTOR DELIVERY OR OPTION 3: TWO PHASES - IF A MILESTONE FEE PAYMENT SCHEDULE APPLIES]

Milestone / Amount
Planning Phase:
[COMMONWEALTH TO INSERT] / $[COMMONWEALTH TO INSERT]
[COMMONWEALTH TO INSERT] / $[COMMONWEALTH TO INSERT]
Delivery Phase:
[COMMONWEALTH TO INSERT] / $[COMMONWEALTH TO INSERT]
[COMMONWEALTH TO INSERT] / $[COMMONWEALTH TO INSERT]

[OPTION 4: THREE PHASES - IF A MILESTONE FEE PAYMENT SCHEDULE APPLIES]

Milestone / Amount
Initial Planning Phase:
[COMMONWEALTH TO INSERT] / $[COMMONWEALTH TO INSERT]
[COMMONWEALTH TO INSERT] / $[COMMONWEALTH TO INSERT]
Planning Phase:
[COMMONWEALTH TO INSERT] / $[COMMONWEALTH TO INSERT]
[COMMONWEALTH TO INSERT] / $[COMMONWEALTH TO INSERT]
Delivery Phase:
[COMMONWEALTH TO INSERT] / $[COMMONWEALTH TO INSERT]
[COMMONWEALTH TO INSERT] / $[COMMONWEALTH TO INSERT]

3.  Reimbursable Costs

[COMMONWEALTH TO CONFIRM APPLICABLE PARAGRAPH AND DELETE OTHER PARAGRAPH]

The payment of reimbursable costs is deemed to be included within the other amounts payable to the Consultant and therefore there will be no separate and additional entitlement to reimbursable costs.

OR

The payment of reimbursable costs will be as set out in the Schedule of Rates set out in the Panel Agreement.