INVITATION TO SUBMIT AN EXPRESSION OF INTEREST FOR LEGAL SERVICES

NSWALC CONTACT: Kari Griffiths
EMAIL:
EOI CLOSING TIME & DATE:
31 August 2015

Table of Contents

1.Overview......

Background......

Objectives......

Locations......

Selection Process......

Timeline......

Conditions of Engagement......

Application Format......

Lodgment of EOI......

Enquiries......

2.Evaluation Methodology......

General......

Mandatory Criteria......

Selection Criteria......

Evaluation Process......

3.Conditions of EOI......

4.EOI Response Schedule......

Expression of Interest Registration Form (RS1)......

EOI Disciplines......

Applicant’s Experience (RS2)......

Key Personnel (RS3)......

Selection Criteria (RS4)......

Returnable Schedule Checklist (RS5)......

  1. Overview

Background

  • The New South Wales Aboriginal Land Council (NSWALC) seeks to create a panel of legal service providers.
  • The Aboriginal Land Council network is comprised of a two tiered system consisting of the peak body, the New South Wales Aboriginal Land Council (NSWALC) and 120 Local Aboriginal Land Councils (LALCs).
  • NSWALC and the LALCs are autonomous statutory bodies corporate that are established by and under the Aboriginal Land Rights Act 1983 (NSW) (ALRA).
  • LALCs are governed by boards that are elected by LALC members every 4 years. NSWALC is governed by an elected council of 9 Councillors, elected by members of LALCs throughout NSW. These 9 Councillors make up the elected arm of NSWALC, driving the policy objectives of NSWALC and ensuring that NSWALC meets its objectives under the ALRA.
  • NSWALC provides LALCs with high level training and development to support them to build their capacity to manage their affairs at a local level. NSWALC cannot provide legal advice to LALCs, however, it does fund legal advice for LALCs in some core areas (land claims and native title).
  • To support the elected Councillors and run NSWALC’s land council network, NSWALC has an administrative arm headed by Chief Executive Officer, Mr Lesley Turner. The day to day running of the organisation is managed by the Executive consisting of the CEO, Deputy CEO, Executive Director of Finance, Investments and Governance, Executive Director Corporate Services and Executive Director Policy and Programs.
  • As the State's peak representative body inAboriginal affairs, NSWALCaims to protect the interests and further the aspirations of its members and the broader Aboriginal community.
  • NSWALC is committed to ensuring a better future for Aboriginal people by working for the return of culturally significant and economically viable land, pursuing cultural, social and economic independence for its people and being politically pro-active and voicing the position of Aboriginal people on issues that affect them.
  • More recently NSWALC has focused on exploring enterprise opportunities including opportunities in the Resources Development Sector.
  • The functions conferred on NSWALC under the ALRA are wide ranging and direct reference should be had to the relevant provisions of the ALRA applicable to NSWALC’s functions, and specifically to section 106 of the ALRA.
  • NSWALC’s core areas include:
  • assisting LALCs with land acquisition, primarily through land claims;
  • regulation/oversight of LALCs, including approval of LALC dealings with land;
  • establishing and supporting LALCs to establish commercial enterprises and community benefit schemes to create a sustainable economic base for Aboriginal communities; and
  • the maintenance and enhancement of Aboriginal culture, identity and heritage.

Legal Services Unit

  • The Legal Services Unit (LSU) is a business unit of NSWALC that came into being in January 2002 allowing much of NSWALC’s legal work to be conducted in house.
  • The LSU’s current priorities include land claim appeals, native title and law reform. There is also ongoing work in relation to contract review, property matters, compliance and policy.
  • For the 2014/2015 financial year, the LSU comprised a Principal Legal Officer, two Senior Legal Officers, two Legal Officers and one administrative assistant. The LSU continues to provide NSWALC with a wide variety of legal services across the full range of the organisation’s functions and to further its aims and objectives in an effective, strategic, timely and commercial manner. Its activities include:
  • Undertaking the ongoing management and resolution of a high number of legal matters;
  • Delivering legal training within NSWALC;
  • Overseeing all of NSWALC’s legal risk management issues;
  • Providing advice on law reform matters;
  • Managing appeals of land claims refusals;
  • Managing NSWALC and LALC involvement in native title claims as a respondent party; and
  • Providing support and supervision over matters briefed out to ensure the efficient resolution of matters.

Objectives

  • The NSWALC seeks to establish a panel of suitably experienced solicitors that will provide one or more of the following services:
  • Expert advice to NSWALC in the following areas of law:
  • Administrative (including statutory interpretation);
  • Native Title (note Land Councils are respondents to native title claims);
  • Real Property;
  • Commercial;
  • Corporate;
  • Taxation; and
  • Employment
  • Representation of NSWALC and LALCs in appeals of land claims refusaldecisions under section 36(6) of the ALRA; and
  • Representation of NSWALC and LALCs who are respondent parties inNative Title proceedings.
  • This list may not cover the whole spectrum of services required by NSWALC. Other services may be requested ofthe panel member depending on the requirements of NSWALC.

Locations

  • Work will be conducted in liaison with LSU at NSWALC Parramatta.
  • The majority of work will be located in Sydney/Parramatta, however, it is possible some travel may be required to regional NSW for those service providers who work in Native Title.

Selection Process

  • By conducting this Expression of Interest (EOI) process the NSWALC aims to achieve a streamlined system to engagesolicitors on an “as required” basis.
  • Once the panel selection process is completed members may be invited to respond to individual briefs provided by NSWALC. Inclusion on the panel does not imply a guarantee of work.
  • The EOI documentation has been structured to allow proper assessment of the capability and capacity of each application.
  • The panel will operate for an initial period of 3 years from date of appointment. This will be followed by a review of the EOI process and the performance of its members.
  • The final number of members will depend on the number of EOIs received and the outcome of the assessment process.

Timeline

EOI released / 24 July 2015
EOI closes / 31 August 2015
Evaluation complete / 21 September 2015
Panel appointments announced / 28 September 2015

Conditions of Engagement

  • The contractual arrangements for engaging panel members to provide advice on a specific matter will be agreed based on the individual briefissued at the time of requirement.
  • Service providers may also be requested to provide a quote for the cost of their services when an hourly rate is not appropriate.

Application Format

  • Applicants are required to complete and return the schedules contained within Section4- EOI Response, which are summarised as:
  • EOI Registration Form:Providing applicant contact details, professionalassociation memberships and insurance information (ReturnableSchedule 1).
  • Applicant’s Experience:Demonstrates specific examples of theapplicant’s experience in the delivery of the nominated service/s including contact details of referees (Returnable Schedule 2).
  • Identification of Key Personnel: Nominates the key team members who will provide the services to NSWALC, indicative hourly rates, their experience and brief CVs. (Returnable Schedule 3).
  • Selection Criteria: Answers to selection criteria (Returnable Schedule 4).
  • Returnable Schedule Checklist: To ensure required EOI documentation is completed in compliant format.(Returnable Schedule 5).
  • Applicants are requested not to include brochures or company promotion materials that are not directly relevant to the requirements stated in this document.
  • Applicants must complete and submit all Returnable Schedules in accordance with these instructions. If these criteria are not met it will be at the absolute discretion of NSWALC as to whether the applicant will be considered further in the evaluation process.

Lodgment of EOI

  • Responses to this EOI are to be lodged in accordance with the arrangements of the NSW Government eTendering website.

Enquiries

  • During the EOI process applicants may contact the following person for any enquires or clarification required;

Name: / Kari Griffiths
Email: /
Phone: / (02) 9689 4441
  1. Evaluation Methodology

General

  • EOI responses will be evaluated by an Evaluation Committee (EC) on the basis of the information supplied in the Returnable Schedules and using the criteria set out below.
  • Applicants should not place significance on the order in which the evaluation criteria are listed nor assume the criteria have equal weight or significance.

Mandatory Criteria

  • The applicant must fully complete and submit Returnable Schedules 1-5 inclusive in accordance with the terms of this EOI.

Selection Criteria

Applicants must provide a statement addressing the following selection criteria (see Returnable Schedule 4).Please note that these are only desirable criteria to assist in assessing the order of merit.

  • Experience in providing or capacity to provide legal advice to an Aboriginal or not-for-profit organization that takes into account the broader social and political context in which the organization operates;
  • Knowledge of, experience with and/or an appreciation of the cultural, social and economic needs of Aboriginal people and communities in NSW;
  • Demonstrated understanding of the Aboriginal Land Rights Act 1983, Aboriginal Land Rights Regulation 2014 including how it interacts with other State and Commonwealth legislation, and/or other legislation relevant to NSWALC’s work;
  • Demonstrated experience dealing with government, non-government and/or private sector;
  • Demonstrated experience in litigation and dispute resolution; and
  • Demonstrated experience in the provision of high quality, practical and easy to understand legal advice in at least one of the areas listed in the EOI Disciplines.

Evaluation Process

  • Each proposal will first be examined against the mandatorycriteria to determine whether the application is compliant. Applications will then be examined against the information in the returnable schedules. Non-compliant offers may not be further considered.
  • The EC will then:
  • Clarify any uncertainties in the offers submitted;
  • Assess each offer;
  • Compare offers between applicants;
  • Contact referees (if necessary);
  • Establish an order of merit/preference of compliant applications;
  • Identify the preferred applicants;
  • Notify preferred applicants; and
  • Appoint those applicants to the panel of legal service providers.

  1. Conditions of EOI

3.1This NSWALC EOI is not an offer. No legal or other obligation will arise between the applicant and NSWALC until a formal Professional Services Agreement has been signed. To the extent permitted by law, applicants will have no claim against NSWALC arising out of NSWALC’s exercise, or failure to exercise, any rights under this EOI, including as a result of delays to the selection process.

3.2No payment will be made by NSWALC to any applicant for any costs, losses or expenses incurred by the applicant in preparing and submitting its EOI, attending any meetings, providing any further information, or otherwise in connection with its participation in the selection process.

3.3Without limiting NSWALC’s other rights under the EOI, NSWALC reserves the right to cancel, amend, vary, supplement or replace the EOI or the selection process generally by notice in writing to all applicants.

3.4NSWALC may from time to time during the selection process convene meetings with applicants, either individually or collectively, to discuss issues associated with the selection process, the EOI, or any other matter relevant to the EOI.

3.5AnyApplicant may, by written application, seek clarification of any item in the EOI document. NSWALC’s response may be sent to all applicants as an Addendum

3.6Notwithstanding any other requirements of this EOI, NSWALC may require applicants to submit additional information. During the assessment of EOIs, NSWALC may seek clarification of EOIs and applicants must promptly respond to all requests for clarification in writing.

3.7NSWALC reserves the right to consider any other issues, in addition to the selection criteria listed in the EOI, when considering the suitability of service providers for appointment to the panel and/or a specific contract.

3.8NSWALC reserves the right to invite an applicant that has submitted a non-conforming EOI to re-submit a proposal.

3.9NSWALC reserves the right to invite an applicant that has submitted an EOI to interview or request the applicant to make a presentation about their submission to the EOI Evaluation Committee.

3.10NSWALC reserves the right to terminate an applicant’s appointment to a panel if NSWALC considers that the applicant is not performing satisfactorily.

3.11NSWALC does not guarantee any level of usage of the successful panel members. Inclusion on a panel does not imply a guarantee of work. The panels will be used by NSWALC to select members to respond to the requirements of individual projects as and when required.

3.12NSWALC reserves the right to allocate work to a service provider not included on this panel and to subsequently add such service providers to the panel (whether or not it was an applicant in the EOI process). However, NSWALC undertakes to assess the suitability of panel members to perform the required service before requesting services from service providers outside the panel.

3.13The list of services nominated in the EOI may not cover the whole spectrum of services required by NSWALC. Any other services related to a project may be requested from outside the panel contractors depending on the requirements of NSWALC.

3.14NSWALC undertakes to use, store and dispose of the personal information collected through the EOI process in accordance with, and otherwise comply with, its obligations under the Privacy and Personal Information Protection Act 1998 (NSW).

  1. EOI Response Schedule

INVITATION TO SUBMIT AN EXPRESSION OF INTEREST FOR CONSULTANCY SERVICES

The following returnable schedules must be completed and submitted as part of the expression of interest:

1 / EOI Registration Form
2 / Applicant’s Experience
3
4 / Key Personnel
Selection Criteria
5 / Returnable Schedule Checklist

Expression of Interest Registration Form (RS1)

Applicant Details

Organisation Name
Trading Name
ABN
ACN (if applicable)
Address
Contact Person
Telephone
Facsimile
E-mail

Professional Memberships(please attach copy of membership certificate)

1.
2.
3.

Insurances

Professional Indemnity
Name of Insurer:
Policy Number:
Sum Insured:
Date of Expiry:
Public Liability
Name of Insurer:
Policy Number:
Sum Insured:
Date of Expiry:

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EOI Disciplines

Service providers are requested to demonstrate knowledge of and experience in at least one of the following disciplines:

  • Administrative law (including statutory interpretation);
  • Native Title law (note Land Councils are respondents to native title claims);
  • Real Property law;
  • Commercial law;
  • Corporate law;
  • Taxation law; and/or
  • Employment law

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Applicant’s Experience (RS2)

1.Provide current and recent experience (last 3 years) to demonstrate organisation’s capacity, experience and performance in the delivery of the nominated services.

2.Please provide at least 2 referees for each discipline (note a referee can be used for more than one discipline).

EOI Discipline / Type of Advice / Value of Advice ($)
(can be approximate) / Length of engagement with client / Number of people involved in providing Advice / Referee Contact Name / Referee Contact Details

Key Personnel (RS3)

1.Provide information on key personnel for the services including their role and experience.

2.Attach a CV (maximum 2 pages) for each key person.

EOI Discipline / Name / Proposed Role / Indicative Hourly Rate ($) / Method of calculating travel costs

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Selection Criteria (RS4)

Please address the selection criteria below. When addressing the criteria please consider the objectives of NSWALC listed in s105 of the ALRA and the broader context in which NSWALC operates. (Max word count of 250 words per question)

  1. Experience in providing or capacity to provide legal advice to an Aboriginal or not-for-profit organization that takes into account the broader social and political context in which the organization operates;
  2. Knowledge of, experience with and/or an appreciation of the cultural, social and economic needs of Aboriginal people and communities in NSW;
  3. Demonstrated understanding of the Aboriginal Land Rights Act 1983, Aboriginal Land Rights Regulation 2014 including how it interacts with other State and Commonwealth legislation, and/or other legislation relevant to NSWALC’s work;
  4. Demonstrated experience dealing with government, non-government and/or private sector;
  5. Demonstrated experience in litigation and dispute resolution; and
  6. Demonstrated experience in the provision of high quality, practical and easy to understand legal advice in at least one of the areas listed in the EOI Disciplines.

Returnable Schedule Checklist (RS5)

Returnable Schedule 1 / Completed
Applicant detailsfully completed
Professional memberships listed
Copy of Professional Membership/s attached
Insurance details fully completed
Returnable Schedule 2
A separate schedule completed and attached for each service being submitted
Returnable Schedule 3
Key personnel nominated for each service being submitted with separate schedule for each service
CV of each key person listed is attached
Returnable Schedule 4
Answers to Selection Criteria

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