Costs

3.43 Separate from the single seller arrangement (SSA) spend profile, the review considered the cost of the Digital Transformation Agency (DTA) entering into and administering an SSA.

3.44 As it is core business, the DTA tracks the internal cost of implementing and managing each SSA. Whilst each contract negotiation has its unique attributes and timeframes, the table below outlines the average costs for the SSAs. (Cost analysis was provided by the DTA's internal finance team.)

Table 7 Average costs in establishing and managing an SSA

Item

Average cost per SSA

Establishment / renewal of an SSA

(for each SSA)

$1.6m

Ongoing management of an SSA

(annually for each SSA)

$1.0m

3.45 The DTA funds approximately 50% of these costs through annual appropriations and recovers the remaining 50% via the CAF. (Recovery of costs is used in the general sense of the phrase and conveys an intention not to generate a surplus. Note, SSA cost recovery is not subject to the Australian Government Cost Recovery Policy per paragraph 6 which omits charges between Commonwealth entities.)

3.46 The costs above include the legal fees for contractual legal advice and the APS staff costs to support negotiation (including financial analysis, technical advice, administration and governance).

3.47 It is acknowledged, however, since the DTA is negotiating on behalf of all buyers, SSA negotiations are more complex. This means the cost of the DTA negotiating an SSA are likely higher than the costs of each buyer respectively negotiating an individual contract, but substantially less than the collective total of all buyers incurring negotiation costs separately. 

3.48 The ongoing costs of managing the contracts under the SSAs, which are entered into by buyers, are likely to be reasonably similar to not having the SSAs in place and managing bespoke contracts. This would, however, typically be subsumed into existing procurement functions within buyer agencies.

3.49 Whilst the SSAs are a contracting framework, the table below contextualises the costs in relation to the procurement lifecycle and identifies where buyers and sellers realise efficiencies:

Table 8 Typical costs in the procurement lifecycle
StageCosts to the sellerCosts to government entities as the buyer
Pre-procurementGenerally sellers undertake a range of pre-sales and marketing activities, including the establishment of pursuit teams and budgets.
  • Market scans / research
  • Business case development
  • Development of procurement planning documentation
  • Drafting request for quote and requirements
  • Legal fees (e.g. contract development, probity advice, identification legal risks).
Procurement
  • Costs for a team to develop and write the proposal for RFQ
  • Legal advice (e.g. contractual departures, compliance)
  • Attendance at any pre-contract activities (e.g. interviews, presentations).
  • Due diligence
  • Evaluation of tender responses, including interviews and reference checks
  • Legal fees (e.g. review of RFQ, probity advice, evaluation of contractual non-compliances)
  • Administrative costs (e.g. processing contract, updating seller records).

Contract negotiation

SSA realises efficiencies here
  • Legal fees
  • Time to negotiate specific clauses
  • Commercial and financial analysis.
  • Legal fees
  • Time to negotiate specific clauses
  • Commercial and financial analysis.
Work order specification
  • Legal fees
  • Time for negotiation of any specific delivery requirements or additional bespoke clauses required (e.g. reflecting business requirements not covered in the head agreement).
  • Legal fees
  • Time for negotiation of any specific delivery requirements or additional bespoke clauses required (e.g. reflecting business requirements not covered in the head agreement, or options available under the head agreement).
Delivery and management
  • Onboarding fees (e.g. security clearances, police checks)
  • Delivery team costs
  • Contract management (e.g. status reports, management meetings)
  • Legal costs in undertaking any change requests
  • After-sales support
  • Other costs (e.g. laptops, travel).
  • Onboarding fees (e.g. laptops, licences)
  • Contract management
  • Legal costs in undertaking any change requests
  • Assurance activities
  • Security (e.g. IRAP (Infosec Registered Assessors Program), penetration testing)
  • Technical advice (e.g. subject matter experts)
  • Hardware, licences and storage
  • Other costs (e.g. training, travel, decommissioning at end of life).

3.50 As shown above, irrespective of the SSAs being in place, buyers and sellers still incur additional costs associated with pre-procurement, procurement, work order specification, and delivery and management.

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Chapter 3: Risks

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