Standing Offer Arrangement (SOA) Details - Whole of Government Legal Services Panel
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Standing Offer Arrangement (SOA)
Details
Whole of Government Legal Services Panel
The State of Queensland acting through the Department of Housing and Public
Works
{00106062.DOC}Page 2 of 47
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:
Email:
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:
Summary of liability cap:
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 ) Signature of authorised representative
by its authorised representative, in the ) By executing this agreement the signatory warrants that
presence of: ) the signatory is duly authorised to execute this agreement
) on behalf of the Supplier
............................................................... )
Signature of witness ) ...............................................................
) Name of authorised representative (block letters)
............................................................... )
Name of witness (block letters) ) ...............................................................
) Position of authorised representative
............................................................... )
Address
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 ) ...............................................................
) Signature of authorised representative
............................................................... ) By executing this offer the signatory warrants that the
Name of Principal ) signatory is duly authorised to submit this offer on behalf of
by its authorised representative, in the ) the Principal
presence of: )
) ...............................................................
............................................................... ) Name of authorised representative (block letters)
Signature of witness )
) ...............................................................
............................................................... ) Position of authorised representative
Name of witness (block letters) )
)
...............................................................
Address
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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
The Supplier must make Immediately upon receipt of
diligent inquiry as to whether it SOA Order but no later than
has any Conflicts of Interest if one Business Day following
Conflict of Interest upon it were to provide the Services receipt of SOA Order.
instructions specified in the SOA Order
and either confirm no Conflict If the Customer requests
of Interest or provide details of urgent assistance prior to
any Conflict of Interest to the issuing an SOA Order, a
Conflict of Interest
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Requirement Description Timeframe
Customer. confirmation must be provided
within one Business Day of
The Supplier must not receiving an urgent
commence performing the assistance request.
Services until approved by the
Customer.
The Supplier must monitor Immediately upon becoming
Conflicts of Interest during the aware of a Conflict of Interest.
engagement and report to the
Customer if a Conflict of
Interest arises during the
Conflict of Interest during
engagement and the steps
engagement
taken to resolve the Conflict of
Interest. The Supplier must
not continue to perform the
Services until approved by the
Customer.
The Supplier must Within one Business Day of
Acknowledge receipt of acknowledge receipt of an receipt of the SOA Order
SOA Order SOA Order by email to the request.
Customer contact person.
The Supplier must provide an Within three Business Days of
initial quote including the receipt of an SOA Order or
approach to the matter, Key the timeframe requested by
Personnel and cost the Customer.
management strategy.
The Supplier must provide a Within 10 Business Days of
detailed project management receipt of the Contract or the
plan for major projects and timeframe requested by the
Quotes complex matters (if requested Customer.
by the Customer).
The Supplier must notify the The notice must be given as
Customer in writing if it soon as the Supplier becomes
becomes aware that the total aware, but no later than the
price is likely to exceed the time the costs accrued or
quote given in the SOA Order incurred reach 80% of the
(or as otherwise varied with quote provided.
the consent of the Customer).
Responses to email and Urgent requests for telephone Must be responded to
telephone communication advice. promptly.
Final report The Supplier must provide a Within five Business Days of
final matter report (if the conclusion of the matter
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Requirement Description Timeframe
requested by the Customer) to the subject of the Contract.
the Customer.
The Supplier must render an Within five Business Days of
itemised tax invoice for each the end of each month for all
Contract to the Customer. The the Services performed during
invoice will specify the the month in accordance with
personnel, their hourly rate a Contract or as otherwise
and the hours billed (if agreed with the Customer.
Invoices 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.
The Supplier must request On engagement of the
that all barristers, external barrister, external expert or
experts and specialists specialist.
engaged to provide the
Third party invoices Services in conjunction with
the Supplier render tax
invoices monthly or as
otherwise agreed with the
Customer.
The Supplier must provide Within 10 Business Days of
monthly reports to the Panel the end of each month.
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).
Reporting The Supplier must provide ad Within the timeframe
hoc reports as requested from requested by the Panel
time to time by the Panel Manager.
Manager in a form requested
by the Panel Manager.
The Supplier must provide ad Within the timeframe
hoc reports on matters as requested by the Customer.
requested from time to time by
the Customer in a form
requested by the Customer.
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Requirement Description Timeframe
The Supplier must attend an The Panel Manager is
annual review meeting with required to provide at least 10
the Panel Manager. Business Days’ written notice
to the Supplier.
The Supplier must attend ad The Panel Manager is
hoc meetings with the Panel required to provide at least
Panel meetings
Manager. five Business Days’ written
notice to the Supplier.
The Supplier must attend ad The Customer is required to
hoc meetings with Customers. provide at least five Business
Days’ written notice to the
Supplier.
The Supplier will, at all times, For the duration of the SOA
maintain, store and archive term.
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.
Records 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.
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
The Supplier must not remove Demonstrated equal or
or replace the Key Personnel superior skills, training,
unless: experience and knowledge of
replacement Personnel must
the proposed replacement be provided within five
has equal or superior skills, Business Days of the Supplier
training, experience and removing or replacing Key
knowledge; Personnel.
the Supplier provides the
Panel Manager with a
résumé, and other
information about the
proposed replacement
reasonably requested by
the Panel Manager; and
Change of Key Personnel 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.
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;
PTD000814 whole of Government Legal ServicesPage 22 of 47
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
PTD000814 whole of Government Legal ServicesPage 23 of 47
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.
PTD000814 whole of Government Legal ServicesPage 24 of 47
Annexure B to Schedule 1
Service requirements for medico legal claims
Engagement Time for completion
1.
Letter to Queensland Government Insurance Fund One Business Day from receipt of
(QGIF) confirming instructions detailing name of Key SOA Order
Personnel and other personnel, file reference;
acknowledging reporting/liaising arrangements with
Queensland Health
2.
Letter to all relevant parties advising you act on One Business Day from receipt of
behalf of QGIF Contract
Advice
3.
Initial written advice (including estimate of liability and 10 Business Days from receipt of
cost to defend) to QGIF Contract
4.
Updated written Advice (including estimate of liability 10 Business Days from receipt of
and cost to defend) to QGIF 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 Four calendar weeks’ notice
for any type of conference (informal / compulsory
conference, mediation) with four calendar weeks’
notice
10.
Confirm claims officer availability before agreeing a
date for conference
11.
Pre-conference advice to QGIF (informal settlement 10 Business Days prior to a
conference, compulsory conference, mediation) conference or as agreed
detailing quantum and strategy for conference
12.
Where counsel is briefed for conference - counsel's 10 Business Days prior to
advice to accompany pre-conference advice conference
PTD000814 whole of Government Legal ServicesPage 25 of 47
Engagement Time for completion
13.
Written advice of outcome of conference (informal Five Business Days post conference
settlement conference, compulsory conference,
mediation) to QGIF
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 Four weeks from instruction
not Supplier to follow up in a timely manner
Counsel
19.
Instructions from claims officer prior to engaging Time to be agreed
counsel (with panel of three )
20.
Fee and timeframe agreed on brief, where advice not Time to be agreed / in default four
received within agreed timeframe Supplier followed weeks from instruction
up
21.
Counsel's invoice reflects agreed estimate of costs Two Business Days from receipt
and is forwarded to QGIF
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 Within one Business Day (telephone)
allocated a trial date / Two Business Days (writing)
28.
Written advice to QGIF pre-trial detailing further 10 Business Days after the allocation
PTD000814 whole of Government Legal ServicesPage 26 of 47
Engagement Time for completion
negotiations, offers, future steps of the trial date
29.
Written advice to QGIF post-trial detailing findings, Three Business Days post judgment
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
Settlement
30.
Written advice of settlement via email detailing Two Business Days from settlement
outcome and future steps
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 10 Business Days from receipt
receipt with succinct commentary where appropriate:
Compliance response (additional compliance
information obtained from the claimant
PTD000814 whole of Government Legal ServicesPage 27 of 47
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.
PTD000814 whole of Government Legal ServicesPage 28 of 47 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.] PTD000814 whole of Government Legal Services
Page 29 of 47
Annexure D to Schedule 1
Supplier relationship managers
Panel Relationship Manager: Name:
Position:
Email address:
Phone number:
Postal address:
Category # [Name] Name:
Category Relationship Manager Position:
Email address:
Phone number:
Postal address:
PTD000814 whole of Government Legal ServicesPage 30 of 47
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.
PTD000814 whole of Government Legal ServicesPage 31 of 47
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;
PTD000814 whole of Government Legal ServicesPage 32 of 47
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.
PTD000814 whole of Government Legal ServicesPage 33 of 47
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.
Consequences
Responsibility
Measurement
Measurement
Frequency of
Performance
Calculation
of failure
Measure
Target
Compliance with the SOA Compliance with all No repeated breaches or Yearly Panel Manager Panel Manager
and Contract requirements of the complaints works with the
SOA and Contract Supplier to
The Supplier must meet its Satisfactory annual achieve
PTD000814 whole of Government Legal ServicesPage 34 of 47
obligations under the SOA performance review meeting compliance
Suspension or
termination of the
SOA in
accordance with
SOA Conditions
Compliance with panel 100% submission of Submission of timely, Monthly in Panel Manager Panel Manager
management and monthly reports to accurate and complete relation to works with the
reporting requirements Panel Manager monthly reports by Supplier Supplier Supplier to
to the Panel Manager reports achieve
The Supplier must provide 100% participation in compliance
reports and participate in panel meetings Attendance at annual Yearly in
performance review performance review meeting relation to the Suspension or
meetings as required under with Panel Manager annual termination of the
the SOA performance SOA in
Attendance at ad hoc panel review meeting accordance with
meetings convened by the SOA Conditions
Panel Manager
Quality of service 80% average score Post matter surveys Post matter Customer in Panel Manager
over the quarter in post completed by Customers in relation to post works with the
The Supplier must matter Customer relation to: Quarterly matter surveys Supplier to
understand and meet the surveys achieve
Yearly
Customer’s needs and Understanding needs – Panel Manager compliance
provide high quality the Supplier must be in relation to
Services that are responsive capable of and committed quarterly reports Suspension or
to the question and practical to understanding the and annual termination of the
and advices that are Customer’s performance SOA in
accurate, succinct and easy circumstances and review accordance with
to read requirements SOA Conditions
Meeting needs – the
Supplier must provide
Services in a manner that
PTD000814 whole of Government Legal ServicesPage 35 of 47
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
The Supplier is required to
Managing costs Services provided Monthly in Supplier in The Customer will
within the quote (as report monthly on: relation to relation to not pay for
The Supplier must adopt amended from time to cost of matters in relation Supplier monthly reports amounts that
strategies to actively time) as reported in the to a quote; reports exceed the quote
manage and contain costs Supplier’s monthly Customer in unless the
matters where cost Post matter in relation to post
report exceeds quotes; and Customer has
relation to matter surveys given approval for
% undisputed invoices disputed invoices value for the amended
reported by Supplier money Panel Manager
Customers will answer in relation to quote
Post matter Customer question in post matter Quarterly in quarterly reports Panel Manager
survey (value for survey on value for money relation to and annual works with the
money - satisfaction Panel Manager performance Supplier to
with management of report review meeting achieve
costs e.g. resource compliance
mix) Yearly in
relation to Suspension or
annual
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