LEGAL SERVICES MULTI-USE LIST - Application for Inclusion - PART 1 Important Information

LEGAL SERVICES MULTI-USE LIST Application for Inclusion PART 1 – Important Information and Guidance for Applicants (as amended by Addendum Number 3)

IMPORTANT INFORMATION AND GUIDANCE FOR APPLICANTS

1. Scope of Part 1.1. As the title suggests, this Part 1 document contains important information for Applicants and guidance on how to submit an Application for Inclusion on the Legal Services Multi-Use List (LSMUL).

1.2. Part 1 consists of the following sections:

2.a. Section 1 – Background and general information on the LSMUL;

2.b. Section 2 – Lodging Applications for Inclusion;

2.c. Section 3 – Conditions for Participation and guidance on completing the Application for Inclusion Form;

2.d. Section 4 – Additional information and matters concerning applications for inclusion; and

2.e. Section 5 – Applicant check list.

1.3. There are two further parts to the Application for Inclusion documents:

3.a. Part 2 – LSMUL Deed: 3.a.i. Schedule 1 – Operational Rules;

3.a.ii. Schedule 2 – Request for Quote (RFQ) Template;

3.a.iii. Schedule 3 – Order Template; and

3.a.iv. Schedule 4 – Default Terms and Conditions; and

3.b. Part 3 – Application for Inclusion Form: 3.b.i. Section 1 – Applicant Details;

3.b.ii. Section 2 – List Rates and Innovative Fee Arrangements;

3.b.iii. Section 3 – Categories of Legal Work;

3.b.iv. Section 4 – Conflicts of Interest;

Legal Services Multi-Use List – Application for Inclusion Part One – Important Information and Guidance for Applicants Page 1 of 21 LEGAL SERVICES MULTI-USE LIST APPLICATION FOR INCLUSION PART 1 (as amended by Addendum Number 3) 3.b.v. Section 5 – Legal Services Directions;

3.b.vi. Section 6 – Referee Reports;

3.b.vii. Section 7 – Applicant CVs; and

3.b.viii. Section 8 – Applicant’s Declarations.

Legal Services Multi-Use List – Application for Inclusion Part One – Conditions for Participation and Guidance Material for Applicants Page 2 of 21 LEGAL SERVICES MULTI-USE LIST Application for Inclusion PART 1 – Important Information and Guidance for Applicants (as amended by Addendum Number 3)

2. Section 1 - Background and general information on the LSMUL 3. Statement of Requirement 1.4. The Commonwealth of Australia (Commonwealth) requires a broad range of legal services to meet the operational and administrative requirements of its various departments, agencies and bodies which are subject to the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

1.5. Legal services are provided from both in-house and external sources with the demand for, and nature of, the services required varying from Agency to Agency and over time.

1.6. Following the release of the Blunn Krieger and Gruen reports, the Australian Government is pursuing reforms to enhance the management and delivery of legal services across the Commonwealth. As part of these reforms, on 1 June 2012 the Australian Government, through the Office of Legal Services Coordination (OLSC) in the Attorney-General’s Department (Department), established the whole-of- government Legal Services Multi-Use List (LSMUL).

1.7. The objectives and advantages of the LSMUL include:

a. reducing barriers to entry into the Commonwealth legal services market;

b. gathering and disseminating information as to the performance of Service Providers in the provision of legal services to Agencies; and

c. supporting Agencies in their ongoing function as informed purchasers of legal services.

1.8. Broadly, the legal services required by the Commonwealth through the LSMUL fall into the following categories of legal work:

8.a. government and administrative law;

8.b. corporate and commercial law;

8.c. dispute resolution and litigation; and

8.d. all other legal services. * This does not include any departments, agencies or bodies exempt from compliance with the LSMUL under the Legal Services Directions 2005.

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1.9. The above categories of legal work do not include the services of Counsel. Counsel will continue to be engaged by Agencies via the arrangements under the Legal Services Directions 2005, issued under section 55ZF of the Judiciary Act 1903 (Cth) and as amended from time to time (Legal Services Directions).

1.10. Under the Legal Services Directions, constitutional, Cabinet, national security, certain public international law and most drafting work undertaken for Commonwealth agencies is tied to particular providers of legal services, namely the Australian Government Solicitor (AGS), the Department of Foreign Affairs and Trade, the Office of Parliamentary Counsel and the Department. The LSMUL does not affect arrangements for tied areas of Commonwealth legal work, however the guidelines relating to List Rates set out in paragraph 9 of the LSMUL Guidance Material apply to tied work provided by the AGS (and any other Service Provider engaged to provide tied legal work under an exemption). Agencies are encouraged to report on performance of AGS and any other Service Provider undertaking Tied work.

1.11. Agencies will be required under the Legal Services Directions to purchase legal services from Service Providers on the LSMUL from the date of its commencement. This requirement is subject to transitional arrangements and exceptional circumstances which may prevent an Agency from engaging a Service Provider on the LSMUL.

1.12. There is no definitive data to project into the forward years either the extent of the demand for or proposed expenditure on legal services across the Commonwealth. Since 2009/10 OLSC has produced an annual Commonwealth Legal Services Expenditure Report (the Report) which is available from the OLSC webpage, http://www.ag.gov.au/olsc. The Report includes historical information about professional fees paid to law firms by individual Agencies.

4. About the LSMUL

* This does not include any departments, agencies or bodies exempt from compliance with the LSMUL under the Legal Services Directions 2005.

1.13. Appointment to the LSMUL does not guarantee that any legal services or any volume of legal services will be ordered by Agencies.

1.14. The LSMUL includes a list of Service Providers who have pre-qualified by applying for, and satisfying, the conditions for participation at clause Conditions for Participation, to provide legal services to Agencies in their nominated categories of legal work.

1.15. Applicants may submit an Application for Inclusion to join the LSMUL at any time, noting that OLSC intends to assess applications twice a year. Applicants seeking to be included on the LSMUL will be required to provide evidence demonstrating their capacity to meet all of the conditions for participation, details of which are provided for below. Applicants will be included on the LSMUL once they have been assessed as meeting the conditions for participation.

1.16. No assessment of value for money will be made at the time of inclusion on the LSMUL. Agencies accessing the LSMUL will undertake a value for money assessment of individual Service Providers as part of the procurement of specific legal services.

1.17. In forming the LSMUL, there will be a head agreement in the form of the LSMUL Deed (at Part 2 of the Application for Inclusion) between the Commonwealth as represented by the Department and each successful Applicant. The LSMUL Deed will standardise the terms that will apply to all Service Providers of legal services to Agencies. For that reason, the terms of the LSMUL Deed are not negotiable. Clause 4 of the LSMUL Deed outlines the process for purchasing legal services from Service Providers on the LSMUL.

1.18. The operation of the LSMUL does not affect the requirement that the procurement of legal services by Agencies, whether from the LSMUL or otherwise, must comply with the requirements under the financial management framework, the Legal Services Directions and Commonwealth Procurement Rules (CPRs).

1.19. Information about the Australian Government’s Procurement Framework is at www.finance.gov.au/procurement. Further information about the provision of legal services to Government is at: http://www.ag.gov.au/LegalSystem/LegalServicesCoordination/Pages/default.aspx.

In approaching the market to initially establish the LSMUL, the Department held industry briefings on the LSMUL in a number of locations. For information on the industry briefing timetable please refer to the OLSC webpage at: www.ag.gov.au/lsmul.

5. Section 2 – Lodging Applications for Inclusion 6. How to Apply for Inclusion on the LSMUL 1.20. The process for applying for inclusion on the LSMUL is set out below:

20.a. Go to the LSMUL home page at www.ag.gov.au/lsmul.

20.b. Download Parts 1, 2 and 3 of the Application for Inclusion.

20.c. Complete and sign two copies of Part 2 of the Application for Inclusion (the LSMUL Deed).

20.d. Complete the Part 3 Application for Inclusion Form and attach referee reports, insurance certificates of currency or equivalent and any CVs.

20.e. Lodge Part 2 and the Application for Inclusion Form at Part 3 (including attachments) electronically to [email protected] as set out below:

20.e.i. The completed and signed Part 2 should be scanned to PDF 8 (or above) format; and

20.e.ii. The completed Part 3 should be provided in PDF 8 (or above) format and in Microsoft Word 2002 SP3 (or above) format. Attachments to Part 3 can be provided in PDF 8 (or above) format.

20.f. Post, courier or otherwise deliver the two signed hard copies of Part 2 of the Application for Inclusion to OLSC at the address below:

Legal Services Multi-Use List Evaluation Team Office of Legal Services Coordination Attorney-General's Department 3-5 National Circuit BARTON ACT 2600

20.g. Applicants will receive an electronic lodgement receipt after both the electronic Application for Inclusion and the hard copies of the LSMUL Deeds are received by OLSC.

1.21. For the avoidance of doubt, signed copies of the LSMUL Deed will prevail over the electronic copy in the event of an inconsistency between the documents.

1.22. The email address at clause 4.1e above has a size limit of 14 MB. Documents can be sent in a zipped folder or in multiple emails as required.

7. Timeframes for lodgement of Applications for Inclusion 1.23. The LSMUL remains open to applications for inclusions continuously. Applicants are invited to apply for inclusion on the LSMUL at any time. There is no limitation on the number of times an Applicant may apply for inclusion, should they have previously submitted an unsuccessful Application for Inclusion.

1.24. Where a Service Provider has been removed from the LSMUL arrangements pursuant to the Operational Rules at Schedule 1 of the LSMUL Deed, OLSC may at its discretion impose restrictions or conditions on the Service Provider in relation to reapplying for inclusion.

8. Timeframes for and assessment of Applications for Inclusion 1.25. Unless otherwise advised on the LSMUL webpage, the Department will assess applications for inclusion on a continuous basis. The Department will assess an Application for Inclusion and provide written notice of an Applicants inclusion or rejection (including reasons) within sixty (60) days of receipt of the Application for Inclusion, including any further information sought from the Applicant. For the avoidance of doubt, if this date falls on a weekend, the next business day will be the notification date.

1.26. Assessments received between 30 November in one year and 1 February in the following year may not be assessed within sixty (60) days.

1.27. An Application for Inclusion is deemed to have been received on the date provided on the relevant lodgement receipt referred to at clause 4.1g above. This date will be the day that both the electronic Application for Inclusion and the hard copies of the LSMUL Deeds are received by OLSC.

1.28. The Department may, from time to time, advise of any alternative period of assessment by publishing notices on the LSMUL webpage to that effect. Any alternative period of assessment will apply to an Application for Inclusion as set out in the relevant notice, including where advised, retrospectively.

9. Section 3 – Conditions for Participation and guidance on completing the Application for Inclusion Form 10. Conditions for Participation 1.29. To be considered for inclusion on the LSMUL, an Applicant must meet the following conditions for participation:

Threshold Conditions for Participation

29.a. provide proof that key personnel engaging in legal practice in Australia are subject to the regulation of a relevant State/Territory law society or professional body, or the National Board on its commencement, or Part VIIIB of the Judiciary Act 1903;

29.b. provide proof that the Applicant has:

29.b.i. public liability insurance for an amount not less than $10 million (AUD) per event per policy;

29.b.ii. professional indemnity insurance for an amount not less than $10 million (AUD) per event per policy; and

29.b.iii. workers compensation insurance as required by law for each jurisdiction in which the Applicant is practising;

29.c. if the Applicant is a member of a limitation of liability scheme through a State or Territory law society or similar, provide evidence that it has a liability cap for an amount not less than AU$10 million;

29.d. provide list rates and innovative fee arrangements;

29.e. provide two duly completed and executed LSMUL Deeds in the form set out in Part 2 of the Application for Inclusion (that is, the terms and conditions of the LSMUL Deed must not be amended by the Applicant); and

29.f. provide two written referee reports for each category the Applicant is seeking inclusion;

Qualitative Conditions for Participation

29.g. demonstrated capacity to provide quality legal services to the Commonwealth in the nominated categories of legal work, including offers of value add services;

29.h. demonstrated capacity to identify and manage conflicts of interest; and

29.i. demonstrated understanding and capacity to meet the requirements of the Legal Service Directions, including commitment to pro bono legal work.

11. Assessment of an Application for Inclusion 1.30. Applicant’s responses to the conditions for participation will be assessed on the basis that they either meet or do not meet the relevant requirement. Where it is determined by OLSC at its discretion that an Applicant does not meet a condition for participation, the Application for Inclusion will be rejected. For the avoidance of doubt, any Applicant that is assessed as not meeting a threshold condition for participation as set out at clauses 7.1a-7.1f will not be assessed against the qualitative conditions for participation as set out at clauses 7.1g-7.1i.

1.31. Where an Application for Inclusion is rejected the Applicant will receive, in writing, formal notification of the rejection and details regarding the reasons for this decision.

1.32. After an Applicant has been notified that their Application for Inclusion has been rejected, the Applicant may resubmit an amended Application for Inclusion at any time. A resubmitted Application for Inclusion will be considered on the same basis as if it were an original Application for Inclusion. There is no limitation on the number of times an Applicant may resubmit an Application for Inclusion.

12. Application for Inclusion Form 1.33. To apply for inclusion in the LSMUL, Applicants must complete Part 3 – Application for Inclusion Form (the Form). Each section of Part 3 contains a number of tables for the Applicant to complete. Guidance on completing each section of the Form, including which condition(s) for participation the sections relate to, are set out in the following clauses. Guidance has not been included where the information required can be easily ascertained from the Form.

1.34. Completion and submission of Part 3 does not, in and of itself, mean that an Applicant will be favourably evaluated. OLSC must determine that the Applicant has met all conditions for participation (see clause 8.1 above).

1.35. An Applicant may apply its own fonts and colours to the Form. However, Applicants must not alter the layout of the Form and must not provide any additional information in Part 3 outside of the information requested in each section. The Department reserves its right to ask an Applicant to re-complete the Form if it does not comply with this clause 9.3. This may result in an Application for Inclusion not being considered until the next assessment period.

1.36. Applicant’s that are successful in being appointed to the LSMUL will be given the opportunity to provide marketing information that will be made available to Agencies in the LSMUL Information System.

13. Section 1 – Applicant’s details 1.37. The LSMUL is divided into categories of legal work which provide for the broad legal services requirements of Agencies. Applicants are required, in Table 1b to nominate categories of legal work in which they wish to participate. Applicants may apply to participate in multiple categories of legal work.

1.38. The categories of legal work are:

38.a. Government and Administrative Law (including but not limited to public administration and governance, judicial review and merits review, Ombudsman inquiries, Crown liability, tort law, employment law, statutory interpretation, FOI, privacy, royal commissions and inquiries, coronial inquiries, military discipline, commissions of enquires and tied work);

38.b. Corporate and Commercial Law (including but not limited to following types of law: taxation, property, contract, insurance, banking and finance, intellectual property, construction, corporations, consumer and competition, information technology, media and communications, probity, environmental law and tort law);

38.c. Dispute Resolution and Litigation (these services include but are not limited to advising and acting in litigation, arbitration, mediation, conciliation, or expert determination and case management); and

38.d. All other legal services (including but not limited to, family law, criminal law (including justice and law enforcement services), admiralty/maritime law and aviation law).

1.39. For the avoidance of doubt, the categories at clauses 10.2a, 10.2b and 10.2d involve transactional and advice work only. The dispute resolution and litigation category should also be nominated if an Applicant is offering dispute resolution and litigation services. For example:

nominate the Corporate and Commercial Law and Dispute Resolution and Litigation categories if the Applicant is offering transactional, advice and dispute resolution and litigation services in taxation law.

1.40. The category at clause 10.2d should only be nominated if the proposed legal services do not fall within any of the other categories.

1.41. The categories of legal work may change over time at the discretion of the Department as provided in the Operational Rules at Schedule 1 to the LSMUL Deed.

14. Section 2 – List Rates and innovative fee arrangements 1.42. Completion of section 2 of the Form in accordance with the guidance in this clause 11 will be used to assess an Applicant’s compliance against the condition for participation at clause 7.1d.

1.43. List Rates must be provided in Table 2a. Applicants must provide hourly and daily rates on a GST inclusive basis. If an Applicant proposes to offer secondments then Table 2a must include secondment rates on a GST inclusive basis. If an Applicant will not provide secondments, then they should mark ‘N/A’.

1.44. Applicants must not provide ranges of rates, formulas, or other means of calculating rates. List Rates are a maximum rate that cannot be exceeded under the Operational Rules.

1.45. If the List Rates provided do not apply nationally, Applicants may duplicate Table 2a to provide maximum List Rates for each location by State/Territory/region.

1.46. Subject to clause 11.6 below, the List Rates submitted in Table 2a will apply across all categories of law. An Applicant must not submit different List Rates for different categories of law.

1.47. An Applicant may provide a different List Rate for a specific area of legal work if there are exceptional circumstances. Those circumstances include:

47.a. List Rates for a specific practice area, such as taxation services, that are in excess of the general List Rates.

47.b. List Rates for a specific practice area that is below the general List Rates

1.48. Applicants may add explanatory notes to the List Rates table provided in Table 2a. For example:

below the text ‘Lawyer (over 5 years working experience as a legal practitioner)’ an Applicant can insert text explaining that the equivalent position in the Applicant’s organisation is a Senior Lawyer with over 10 years post-admission experience.

1.49. Details of innovative fee arrangements proposed must be provided in Table 2c. This may include arrangements which reduce the cost of the services without jeopardising the Applicant’s business model or the quality of the services delivered and may involve sharing risk.

1.50. Applicants should note that Agencies are encouraged to negotiate their own specific fee arrangements with the Service Provider at rates below the List Rates with a Service Provider when procuring services from the LSMUL.

15. Section 3 – Categories of Legal Work 1.51. Completion of section 3 of the Form in accordance with the guidance in this clause 12 will be used to assess an Applicant’s compliance against the condition for participation at clause 7.1g.

1.52. Applicant’s should tick the practice areas in which they are offering services in Table 3a for each category of legal work they nominated in Table 1b. Any non-applicable categories of legal work can be deleted from Table 3a or left blank.

1.53. For each nominated category of legal work, the Applicant is to include details of:

53.a. key personnel and size of practice area(s) (Table 3c); and

53.b. experience and examples to demonstrate capacity to provide quality legal services to the Commonwealth for that category (Table 3d).

Tables 3c and 3d should be replicated for each category of work applied for.

1.54. A page limit of 10 pages per category of legal work applies to Table 3d. The 10 page limit applies to the overall category of legal work, not the practice areas under a category. For example:

details of the property law and contract law expertise of an Applicant would need to be provided within the 10 page limit for the ‘Corporate and Commercial Law’ category.

1.55. Applicants are also required, in Table 3e, to indicate what value add services are available to Agencies and the basis on which they are offered. An Applicant may offer different value add services for different categories of law or value add services that will apply regardless of the category of law.

7.8 Applicants should note that value add services provided in their Application for Inclusion do not prevent Agencies from negotiating their own specific value add arrangement.

16. Section 4 – Conflicts of interest 1.56. Completion of section 4 in accordance with the guidance in this clause 13 will be used to assess an Applicant’s compliance against the condition for participation at clause 7.1h.

1.57. Applicants must detail in Table 4a the approaches and processes they have in place for avoiding, identifying and managing conflicts of interest.

1.58. Applicants must provide in Table 4b examples as to the operation of the approaches and processes included in Table 4a.

1.59. Applicants should note that Agencies may wish to impose their own specific arrangements for managing conflicts in addition to the requirements contained in the Application for Inclusion.

17. Section 5 – Legal Service Directions 1.60. Completion of section 5 of the Form in accordance with the guidance in this clause 14 will be used to assess an Applicant’s compliance against the condition for participation at clause 7.1i.

1.61. Applicants must provide information in Table 5a to demonstrate their understanding of and capacity to meet the requirements of the Legal Services Directions. This should include arrangements to ensure that the requirements relevant to the performance of legal services in the public sector environment are met.

1.62. Without limiting clause 14.2, Applicants must, in Table 5b, detail the arrangements that are either in place or that will be put in place for identifying tied work

1.63. Applicants must include, in Table 5c; Legal Services Multi-Use List – Application for Inclusion Part One – Important Information and Guidance for Applicants Page 14 of 21 LEGAL SERVICES MULTI-USE LIST Application for Inclusion PART 1 – Important Information and Guidance for Applicants (as amended by Addendum Number 3)

63.a. Confirmation that the Applicant subscribes to the National Pro Bono Resource Centre's Aspirational Target; or

63.b. A nominated target value of Pro Bono Work over a financial year.

1.64. Applicants should provide information in Table 5d to further demonstrate their commitment to pro bono work.

18. Section 6 – Referees Reports 1.65. Applicants must provide, in Table 6a, details for two referees for each category of legal work that the Applicant is applying for.

1.66. Applicants must then attach written referee reports from each of the referees nominated in Table 6a. A template for referee reports is provided in section 6. Use of the template is not mandatory, but will assist persons considering the reports during evaluations.

1.67. The Applicant’s referees may be checked as part of validating the claims made. The Department also reserves the right to contact any other person, directly and without notifying the Applicant to verify the claims made.

1.68. Where an Applicant has not completed Table 6a and has not attached the two written referee reports for each category of law, the condition for participation at clause 7.1f will be assessed as not met.

1.69. In addition to the information provided in response to section 3 of the Form, the referee reports will be considered when determining whether an Applicant has the capacity to provide quality legal services to the Commonwealth.

19. Section 7 – Applicant CVs 1.70. Applicants may, but do not have to, include curriculum vitae’s (CVs) for key personnel nominated in Section 3 of the Form. A template for CVs is provided in section 7. Use of the template is not mandatory, but will assist persons considering the CVs during evaluations.

1.71. Where CVs are submitted, they may be considered when determining whether an Applicant has the capacity to provide quality legal services to the Commonwealth.

1.72. A page limit of 10 pages per category of legal work applies to Section 7 of the Form. Individual CVs may exceed one page. If an individual lawyer practices across more

than one category of law, it is not necessary to duplicate their CV. However, their CV should reference all their relevant practice areas.

1.73. The security clearance item in the CV template refers to an Australian Government security clearance. If the key personnel completing the CV have an Australian Government security clearance, the CV should be marked ‘yes’; if they do not, the CV should be marked ‘no’. Key personnel may also indicate the level of clearance they have been granted.

20. Section 8 – Applicant’s Declaration 1.74. Applicants must complete and sign the Applicant’s Declarations at section 8 of the Form. The Applicant’s Declarations will be used to assess an Applicant’s compliance against the conditions for participation at clauses 7.1a, 7.1b, 7.1c and 7.1e.

1.75. Although Applicants are also asked to sign the Applicant’s Declarations confirming their insurance and limitation of liability cap limits for the purpose of clauses 7.1b and 7.1c, Applicant’s must also provide current certificates of currency or other equivalent evidence confirming that they have:

75.a.i. public liability insurance for an amount not less than $10 million (AUD) per event per policy;

75.a.ii. professional indemnity insurance for an amount not less than $10 million (AUD) per event per policy;

75.a.iii. workers compensation insurance as required by law for each jurisdiction in which the Applicant is practising; and

75.a.iv. a liability cap for an amount not less than AU$10 million (where the Applicant is a member of a limitation of liability scheme through a State or Territory law society or similar).

21. Section 4 – Additional information and matters concerning applications for inclusion 22. Confidentiality 1.76. Applicants must not, and must ensure that their employees, agents or subcontractors do not, either directly or indirectly record, divulge or communicate to any person any confidential information concerning the affairs of the Commonwealth or a third party acquired or obtained in the course of preparing an Application for Inclusion.

1.77. Agencies, including the Department will ensure that their employees, agents or contractors do not, either directly or indirectly record, divulge or communicate to any third party any confidential information provided by an Applicant in their Application for Inclusion, unless otherwise required by law or in response to requests by a House/Committee of the Parliament.

23. LSMUL notifications and publication 1.78. The Applicant agrees to the publication of their name (if an individual), trading name, ABN/ACN, address, contact position, telephone number and email address on AusTender and/or the LSMUL webpage and/or the LSMUL Information System if their Application for Inclusion is accepted.

1.79. The Applicant also agrees that the Application for Inclusion form and attachments submitted for evaluation will be made available to Agencies on the LSMUL Information System.

1.80. Any notifications or information relevant to Applicants in regards to the LSMUL, including clarifications or addenda (refer, for example, to the Department’s rights at clause 21.1) will be published on the LSMUL webpage. It is the Applicants responsibility to continue to monitor the LSMUL webpage for such publications and the Department will not be responsible for an Applicants failure to do so, including where this may result in the Applicant being excluded from further consideration.

2. Requests for clarification

2.1. Applicants may seek clarification of the meaning of the content of this Application for Inclusion from OLSC in accordance with this clause 20.

2.2. Except for those raised in an industry briefing, all requests for clarification are required to be in writing and sent to [email protected].

2.3. The Department may, at its discretion, decline to answer a request for clarification.

24. Department’s rights 2.4. Without limiting other rights contained in this Application for Inclusion, the Department reserves the right to:

a. publish on the LSMUL webpage any clarification of the meaning of the content of this Application for Inclusion on a non-attributable basis and without disclosing an Applicant's confidential information;

b. terminate or suspend this process;

c. alter or change this process, conditions for participation or the requirements of the Application for Inclusion; or

d. request additional information and the Applicant needs to promptly provide such additional information.

25. No contractual arrangements 2.5. Nothing in this Application for Inclusion will be construed to create any binding contract (express or implied) between the Commonwealth and any Applicant, until a LSMUL Deed is executed by the Commonwealth with the successful Applicant(s). Any conduct or statement whether prior to or subsequent to the issuance of this Application for Inclusion is not, and this Application for Inclusion is not, and must not be deemed to be:

5.a. an offer to contract; or

5.b. a binding undertaking of any kind by the Commonwealth (including, without limitation, quasi-contractual rights, promissory estoppel, or rights with a similar legal basis).

26. Cost

2.6. Each Applicant is responsible for its cost in preparing or submitting an Application for Inclusion and taking part in this Application for Inclusion process.

2.7. The Commonwealth is not liable for any cost of the Applicant in relation to this Application for Inclusion process, including in the event that the Applicant’s Application for Inclusion is rejected.

27. Section 5 – Applicant check list 28. Applicant check list 2.8. Applicants should use this check list to ensure that all required information has been considered and submitted to OLSC.

CHECK LIST Action Form requirements Ensure the correct AFI documentation, including any amendments, has been completed (www.ag.gov.au/LSMUL).

All tables in Section 1 of the Form have been completed.

Completed List Rates table in Section 2 of the Form All list rates provided including: must be GST inclusive  secondment rates must be provided if (Table 2a) secondments will be offered (Table 2a);  details on disbursements and innovative fee arrangements must be provided (Tables 2b and 2c) Marked relevant practice areas in Table 3a.

Completed Table 3b ‘approach to managing legal Response must not matters and client relationships’ exceed 5 pages. Response must not Completed Table 3c providing details of key personnel exceed 5 pages per and the size of practice areas. category of legal work.

Completed Table 3d providing details of experience and Response must not examples to demonstrate capacity for each category of exceed 10 pages per legal work. category of legal work.

Completed Table 3e providing value add services. No page limit applies. Response to whole of Completed Tables 4a and 4b concerning managing Section 4 must not conflicts of interest. exceed 5 pages.

Response to the whole Completed Tables 5a, 5b, 5c and 5d concerning of Section 5 must not compliance with the Legal Services Directions. exceed 5 pages Condition

Listed two referees for each category of law in Table 6a. No page limit applies

CHECK LIST Action Form requirements ‘Referee report’ Attached referee reports listed in Table 6a. template provided but is not mandatory

CV template provided Attached Curriculum Vitae’s for key personnel at but is not mandatory. Section 7. Attachments must not exceed 10 pages per category of legal work.

Completed and signed the Applicant’s declarations at Must list key personnel. Section 8 of the Form, Tables 8a, 8c and 8d.

Completed Table 8b listing all relevant insurance policies Must provide evidence and attached all insurance certificates including evidence of workers of current: compensation for each  public liability insurance State and Territory as  professional indemnity insurance; and required by law.  workers compensation insurance as required by law for each jurisdiction in which the Applicant is practising;  a liability cap for an amount not less than AU$10 million (if a member of a limitation of liability scheme) Must not alter the layout of the Form and Lodged application: must not provide any  Part 2 and the Application for Inclusion Form at additional information Part 3 (including attachments) must be lodged in Part 3 outside of the electronically to [email protected]; and information requested  Two signed hard copies of Part 2 of the in each section. Application for Inclusion must be posted, couriered or otherwise delivered to OLSC. Must not amend the terms and conditions of Part 2.

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