Our Experience And Expertise

COMMONWEALTH CONTRACTS

PROCUREMENT

Shrewd has significant Commonwealth procurement and has been involved in developing, drafting, reviewing, negotiating and advising on tender/market documentation (RFTs, RFQs, RFIs, EOIs) and the contractual framework for the following projects:

Prime Minister and Cabinet – ICT as a Service Procurement est. $35m
Department of Finance – Electronic Work Environment Project: implementation by Finance of a new work environment @ $29 m
Department of Defence – SEA 1442 Phase 4 Maritime Communications: acquisition and support contracts for eight Anzac Class frigates @$188 million
Dimension Data – Defence Project JP2047: an upgrade by Defence of its terrestrial communications network @ $240 m
Australian Federal Police – Investigations, Incident and Intelligence Management (IIIM) Project –supported the negotiation of the AFP’s new crime fighting software @$145m
Airservices Australia – Air Traffic Control Tower Technology Project: replacement by Airservices of its integrated tower automation software @ $19m
Department of Defence – Collins Class Submarines: supported the re-negotiation of the through life support contract
Airservices Australia – Enroute Radar Replacement Project @ $84m
Airservices Australia – Advanced Surface Movement Guidance and Control Systems @ $15m
Department of Immigration and Border Protection – Immigration Detention Centre Project – supported negotiation of the contracts for services to people in immigration detention
OneSky: Air traffic management futures systems project – joint request for information with the Department of Defence
Airservices Australia - Professional engineering services panel project – panel established for engineers
Airservices Australia - Legal services panel project – establishment of a law firm panel
Airservices Australia - Security services project – establishment of a panel of security providers

CONTRACT COMPLIANCE

Shrewd has conducted contractual compliance activities and developed contractual compliance reports for the following projects:

Air traffic control tower technology upgrade project
Property outsource tender project
Vertical transport/lift services project
Electronic data records management system project
Business travel services project
Print and publication services project
Professional engineering services panel project
Legal services panel tender project
Security services project

IT COMPANIES

Shrewd has acted for:

Leidos Australia – GSUR Project @ $58 m; End User Compute Project @ $110m; ATO Contracts (x2) approximately $25m each; Commercial advice for Intelligence Agency contracts
Dimension Data – JP 2047 contract with Telstra @ $236m

TENDER EVALUATION

Shrewd has advised on and developed tender evaluation criteria, tender evaluation plans, tender evaluation reports and contract negotiation plans for the following projects:

Whole of Agency Technology Panel
Publishing Solution project
Develop low deploy high project
Call carriage contract project
Transportable radar project
Voice recorder upgrade project
Electronic data records management system project
Remote tower technology project
Onesky / Air traffic management futures systems project – joint request for information with the Department of Defence
Air traffic control tower technology upgrade project
Instrument landing system generator project

IT & IP AGREEMENTS

WEBSITE AGREEMENTS

Shrewd has drafted website terms and conditions for companies providing goods and services online and also for websites that do not sell goods and services online. We have also drafted flow on documents such as privacy policies and refund policies

SOFTWARE LICENCES AND CLICK WRAP LICENCES

Shrewd has experience drafting, reviewing and negotiating software (including click wrap) licences:

Microsoft – Commonwealth’s volume sourcing arrangements
Sensis/NavCanada – air traffic control tower aircraft separation software
inLogik – Promaster software
Jeppesen – aircraft movement modelling software
Thales – Eurocat air traffic management software product that controls civil aircraft in the Australian flight information region
Dynamic aviation data software for pilots
Bing – map software
IBM – software products including Cognos 8 Business Intelligence
Quintiq – enterprise edition scheduling and planning software
Qatar Airways – scheduling software

MOBILE APPLICATION LICENCE AGREEMENTS

We have drafted end user licence agreements (EULA) for mobile phone applications. Recently we drafted a EULA that related to energy and water data services for an app available for download from Apple, Google and Microsoft

MAINTENANCE AND SUPPORT

Shrewd has negotiated and provided commercial advice on the following maintenance and support arrangements:

Thales – Eurocat air traffic management software
Sensis/NavCanada – air traffic control tower aircraft separation software
Rostima – workforce rostering system
Wherescape red – data warehousing software support agreement

HARDWARE

Shrewd has assisted in the procurement of various hardware items:

Interscan Navigational Systems – distance measuring equipment
Genaust Power & Water – generators
Hewlett Packard – small form factor computers
United Group – servers and backup flash drives

SYSTEM DEVELOPMENT, INTEGRATION AND ESCROW

Shrewd understands the complexities of designing and installing a new system and the integration risks with existing systems as we were involved with the following projects:

Sensis/NavCanada – air traffic control tower software product
Bureau of Meteorology – weather data

DATA SUPPLY, COPYRIGHT AND SUBSCRIPTION

Shrewd has worked on a wide range of data supply, copyright and subscription arrangements:

Qantas, Rex Airlines, Royal Flying Doctor Service and Aerothai – for aviation data
Emirates Airlines – for area navigation data
The Federal Aviation Administration – for aviation data

INTELLECTUAL PROPERTY

Shrewd has experience with the following IP related agreements:

IP licences – for trademarks, patents, copyrighted material and know how licences
IP assignments – assignments of copyright, patents, inventions and trademarks

GENERAL COMMERCIAL AGREEMENTS

Leases and Licences

Shrewd has drafted and reviewed more than 20 commercial leases. Two significant matters we have drafted and negotiated in the past 12 months are:

Department of Finance – site licences for Childcare centre contract; and
Department of Primary Industries Parks Water and Environment (Tas.) – lease agreement renegotiation for use of the Cressy Research Station

Non-binding arrangements with other agencies, bodies or organisations

Some of the non-binding agreements Shrewd has worked on include:

Airservices Australia and SAP, CSC – teaming arrangement related to implementation resources;
Department of Finance and The Treasury – MOU in relation to server rack space and access;
Airservices Australia and NASA –collaborative research related to air traffic management efficiencies; and
Airservices Australia and various state firefighting bodies – in relation to response processes in the event of landside fires

Services agreements

Shrewd has reviewed, negotiated, developed or provided commercial advice on over 265 general commercial agreements, covering a broad range of services agreements types, for instance:

Master services agreements with Schweppes, Fonterra (NZ), Origin Energy, Visy, Linfox and MMG Management
Consultancy agreements with Qantas, Phillip Morris and Woolworths
Subcontractor agreements with CSC, Dimension Data, Innogence
Service agreements with:

Broken Hill Council, Bureau of Metrology, Canberra Airport, Capgemin, Computer Associates, Corporate Express, Fugitsu, GHD, Hincapie Cycling Team, HP, IBM, Inforhm, Japan Radio Air Navigations Systems, Linfox, Lloyds Register, NEC, Onesteel, Origin Energy, Pacific Aluminium, Pats Veg Cycling Team, Peoplefit, Phillip Morris, Qantas Business Travel, Qantas Maintenance, Qantas Training, SA Marine, Samba Consulting, SAP, Schweppes, SKM, Solomon Islands Government, Sunshine Coast Council, Sydney Airport Corporation Limited – Cabling, Sydney Airport Corporation Limited – Rwy 25, Telstra, Thales, Visy, Woolworths, Zetron

Employment Agreements and Polices

For confidentiality reasons we won’t list the employment agreements we have reviewed. Suffice to say we know our way around the fulltime, part-time and casual contracts and the interplay with the National Employment Standards. We have also assisted employees in dispute with employers. We will let you know that we have drafted privacy policies, HR policies, leave policies, social media policies, IT policies and work from home polices.

Company Documents

Some of the corporate transactions that Shrewd has been involved with include:

Shareholders Agreements – smart card company, sportswear retail company
Company Constitutions – for smart card company and
Share Subscription Agreements – for table stabilisation technology company

Collaboration, Joint Venture and Teaming Collaboration

Shrewd has helped various entities enter into ‘teaming’ arrangements, for example:

SAP, CSC – teaming arrangement related to implementation resources
Boeing Research & Technology Group – collaboration related to aircraft trajectory prediction software
Monash University – call-sign collaboration
NASA – collaborative research related to air traffic management efficiencies

Access Deeds

Shrewd has drafted and negotiated the following Deeds of Access for Airservices Australia (these relate to access to real property and access to IT infrastructure/networks):

Remote network access deed;
Access to the AFTN network; and
Access Agreement for ADSB sites

Negotiation

Some of the projects where Shrewd has undertaken lengthy negotiations (i.e. negotiations have exceeded 1 month in duration) and were of a complex contractual or commercial nature:

IP licences – for trademarks, patents, copyrighted material and know how licences
IP assignments – assignments of copyright, patents, inventions and trademarks