Transport Asset Holding Entity of New South Wales / Legal Panel- Provision of Legal Services to Rail Corporation New South Wales - 08/04012

1.          INTRODUCTION

Submissions are invited from suitably qualified law firms (Firms) interested in providing legal services to Rail Corporation New South Wales (RailCorp) in the areas of law set out in Appendix 1.

RailCorp intends to establish a small panel of law firms to undertake outsourced legal work for a three (3) year term, commencing 1 July 2008.  RailCorp may at its absolute discretion exercise two optional extensions of up to 1 year each.

2.          REQUIREMENTS AND OBJECTIVES OF RailCorp

(a)     RailCorp currently manages its legal services using both in-house resources and external resources provided by a panel consisting of private sector law firms and the Crown Solicitors Office.  There are currently twelve permanent in-house solicitors at RailCorp and a paralegal.  By establishing a small panel of external legal advisers RailCorp seeks to:

supplement in-house legal resources;

more effectively service RailCorps legal requirements through judicious use of external legal advisers;

create a more efficient and effective allocation of work to external legal advisers;

improve management and accountability of external legal advisers; and

improve cost effectiveness and value for money of external legal advisers.

(b)        RailCorp requires each member of its legal panel to:

Offer discounted hourly rates and disbursements;

Enter into a standing offer agreement for the legal services;

Provide monthly costs and matter status reports (refer to clause 3.3 of Appendix 3);

Provide comprehensive billing information including a detailed narrative for work performed, details of hours spent by individual lawyers and their hourly rate; details of any disbursements payable by RailCorp with respect to a matter, a summary of the fees and disbursements incurred by the firm to date in respect of the matter;

Have detailed knowledge and expertise in RailCorps statutory functions and business activities relevant to their areas of law;

Have in place appropriate quality assurance systems;

Where requested by RailCorp, provide considered cost estimates prior to commencing work and monitor and report against those estimates as the matter progresses;

Have appropriate arrangements and procedures in place to ensure that conflicts of interest are either avoided or appropriately managed;

Have regular coordination and review meetings involving a relationship partner;

Enure that its employees and agents are advised that whilst on RailCorp premises they must be drug and alcohol free and must comply with the requirements of an authorised testing officer.

(c)        RailCorp is a statutory State owned corporation.  While numerous pieces of State and Federal legislation apply to it, the most relevant are the State Owned Corporations Act 1989, the Transport Administration Act 1988 and the Rail Safety Act 2002.  Information in relation to RailCorp, its statutory functions and business activities are contained in its annual report, which can be accessed from RailCorps website  www.railcorp.nsw.gov.au

(d)        Sub panels will be created as follows:

Corporate/Commercial Panel

Employment/Workplace safety panel

Property Panel

Insurance Panel

Workers Compensation Panel

(e)      The number of Firms on each sub panel will depend on proposals received and the outcome of the evaluation process.  However, it is anticipated that 3 or 4 firms will be appointed to each sub-panel.