Metamorphosis: Your speakers: The evolution of the Julie Freeman specification throughout Assistant Victorian Government Solicitor Sarah Daniell the procurement process Managing Principal Solicitor, VGSO Anna Taylor Tuesday 11 August 2015 Principal Solicitor, VGSO
The Curse of Knowledge
Once we know something, it’s almost impossible to imagine what it’s like to not know it
Approaches to handling the specification through the procurement process: Option 1 ITS release Contract signing
Approaches to handling the specification through the procurement process: ITS Option Option release 2 3
Process Contract Factors which can indicate a process contract • tender documentation indicates that its object is to produce a fair, defined and auditable tender process • tender documentation indicates that the government intends to bind itself to comply with the evaluation priorities and methodologies prescribed in the request for tender document • tender documentation sets out clear rules for the conduct of the tender
Process contract Remember fairness and probity considerations • If seeking feedback or innovative ideas, clearly state this • Consider a two-stage tender process
Option 1 Clear objectives Not looking for innovation from the market Happy to bear all design risk
ITS Option Option release 2 3
High Option Option 1 Level of 2? certainty at ITS release Option 3 Low High Low Level of certainty at contract signature
Implementing Option 3 • Requires Offers to be structured in same way as the Specification • Add consolidation time and resources into project plan • Allow time for review and settling by the parties
Implementing Option 2 Appropriate when… Safety measures… • Easy exits • Edit for clarity • Low value • Remove marketing speak • State would move to another supplier rather • Remove or address assumptions than litigate (or manage poor performance)
VGSO Contacts Julie Freeman Assistant Victorian Government Solicitor julie.freeman@vgso.vic.gov.au Sarah Daniell Managing Principal Solicitor, VGSO sarah.daniell@vgso.vic.gov.au Anna Taylor Principal Solicitor, VGSO anna.taylor@vgso.vic.gov.au
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