|
Introduction
Those
who will benefit
Users/clients
Testimonials
Hot topics
Business
DNA Regulatory
DNA Tax
& Accounting DNA Banking
DNA Defence
DNA
International Int
Health Regs (IHR) Banking
Regs & Basel II Accounting standards
(IFRS/IAS, GAAP) Anti
Money
laundering (AML)
Counter
Terrorism Regs
Risk Management,
COSO, AS4360
Corporation
Law & Regs
Corporate
Governance
Corporate
Whistleblowing
US
Code of Federal
Regulations (CFR)
International
Traffic in Arms Regs (ITAR)
SOX
Regs
Education supplements
Accountants
Law
School
MBAs
Aust DoD
ASDEFCON
Financial Reform
Special
focus on
Regulators
Compliers
Employers
Clients
Suppliers
Contractors
Consultants
Lawyers
Translators
Sporting
life
Football
Golf
| |
Australian
Standard Defence Contract (ASDEFCON)
1
Introduction
The ASDEFCON contract
basically contains two parts, the tendering and contract conditions.
In particular, the
tendering conditions detail requirements for:
 |
GENERAL INFORMATION
AND TENDER LODGEMENT
 |
Interpretation
of Terms
|
|
Inconsistency
|
|
Variation of
RFT
|
|
Contact Officer
for RFT Enquiries
|
|
Industry
Briefing
|
|
Part, Joint and
Alternative Tenders
|
|
Alterations,
Erasures or Illegibility
|
|
Copies of
Tenders
|
|
Lodgment of
Tenders
|
|
Preparation and
Transmission of Classified Tenders
|
|
Australian
Government Requirements
|
|
|
MATTERS CONCERNING
TENDER RESPONSE
|
Period of
Tender
|
|
Language of
Tenders
|
|
Tender
Preparation
|
|
Tenderers to
Inform Themselves
|
|
Use of Tender
Documents
|
|
Substitution of
Tenderer
|
|
|
EVALUATION OF
TENDERS
|
Cost
Investigation of Sole Source Tenders
|
|
Tender
Evaluation
|
|
Negotiation
|
|
Debriefing of
Tenderers |
|
Similarly, the contract
conditions detail requirements for:
|
CONTRACT FRAMEWORK
|
Definitions
|
|
Interpretation
|
|
Commencement of
Operation
|
|
Entire
Agreement
|
|
Precedence of
Documents
|
|
Contracted
Requirement
|
|
Option for
Further Quantities and Optional Extras
|
|
|
ROLES AND
RESPONSIBILITIES
|
Project
Authority
|
|
Notices
|
|
|
PRODUCTION OF THE
SUPPLIES
|
Language and
Measurement
|
|
Design,
Development and Production
|
|
Export
Approvals and Imported Supplies
|
|
Quality
Management
|
|
Ozone Depleting
Substances and Hazardous Substances
|
|
Government
Furnished Material
|
|
Government
Furnished Facilities
|
|
|
AUSTRALIAN INDUSTRY
INVOLVEMENT
|
Australian
Industry Involvement
|
|
|
INTELLECTUAL
PROPERTY
|
Ownership of
Intellectual Property
|
|
Intellectual
Property Licence
|
|
Provision of
Technical Data
|
|
IP Plan
|
|
Release to
Third Parties
|
|
|
DELIVERY,
ACCEPTANCE AND OWNERSHIP
|
Delivery
|
|
Postponement
|
|
Postponement
Costs
|
|
Progress
Certification
|
|
Acceptance
|
|
Final
Acceptance
|
|
Ownership and
Risk
|
|
|
PRICE AND PAYMENT
|
Price and Price
Basis
|
|
Payment
|
|
Price
Variation
|
|
Mobilisation
Payment
|
|
Security for
Performance
|
|
Securities
|
|
Time of
Payment
|
|
Early and Late
Payment
|
|
Incentive
Payments
|
|
Liquidated
Damages and Other Compensation
|
|
Taxes and
Duties
|
|
|
INSURANCE AND
LIABILITY
|
Contractor’s
Employees
|
|
Property Damage
and Public Risk
|
|
Care of the
Supplies
|
|
Intellectual
Property Indemnity
|
|
Limitation of
Liability
|
|
Insurance
|
|
|
WARRANTIES AND
SUPPORT OF THE SUPPLIES
|
Fitness for
Purpose
|
|
Warranty
|
|
Notification of
Defects
|
|
Latent Defects
|
|
Support
Period
|
|
|
CONTRACT MANAGEMENT
|
Change to the
Contract
|
|
Condition as to
Disclosure by the Contractor
|
|
Waiver
|
|
Commercial-in-Confidence
Information
|
|
Assignment and
Novation
|
|
Negation of
Employment and Agency
|
|
Commonwealth
Access
|
|
Contractor
Access
|
|
Subcontracts
|
|
Defence
Security
|
|
Contractor’s
Performance
|
|
Earned Value
Management System
|
|
|
POLICY AND LAW
|
Applicable
Law
|
|
Compliance with
Laws
|
|
Policy
Requirements
|
|
Occupational
Health and Safety
|
|
Severability
|
|
|
DISPUTES AND
TERMINATION
|
Resolution of
Disputes
|
|
Contractor
Default
|
|
Termination for
Convenience
|
|
Right of
Commonwealth to Recover Money
|
|
Survivorship
|
|
2
What are the problems and challenges we will face?
Reality one:
Research shows that the ASDEFCON contract is written in complex confusing language that most people have difficulty
understanding and complying with. This includes your staff,
suppliers, contractors, lawyers,
translators and consultants.
Reality two: There are unnecessary costs for not complying and ‘ignorance’ is no excuse in the eyes of the law.
Reality three: There is a simple system that will help your people
ensure:
This system is called Mustor
Management and is governed by the MIS 10
000 standard.
At the 2005 International Plain Legal Language
Conference in
Washington
DC
,
the conference summary speaker Mr Christopher Balmford, described Mustor
Management as “the most exciting development in our field at the moment”.
This system
will make it easier
for your people to:
|
negotiate obligations, offers and
counter offers |
|
identify and compare
choices |
|
compare changed clauses with original
ones |
|
compare clauses between documents |
|
plan, program and cost compliance |
|
check and audit compliance |
|
analyse workflow requirements and
develop procedures |
|
prepare flowcharts, procedures,
action plans and programs (timelines, Gantt/PERT charts) |
|
make and review compensation claims |
|
complete prescribed notices and |
|
translate requirements into other
languages. |
Savvy employers can reduce their risks and increase their staff's productivity, by enrolling their staff in the Mustor
Management Masterclass. |
| |
Recent Public
Presentations
CPA
STC
IPWEA
Aust
Compliance Institute (ACI)
Clarity
- International Plain Legal Language Association
PLAIN
- International Legal Language Society
Not-For-Profit
Network
Recent clients
Aust
Defence Department
Telstra
Liverpool
Council
Energy
Australia
Popular start up
programs
Awareness
Masterclass
Risk
Discovery
Opportunity
Discovery
|
