Partner

Scott Alden

With over 20 years’ experience, Scott specialises as a legal advisor on significant projects and procurements for government clients.

Scott has AGSVA Negative Vetting 1 Clearance.

Scott’s role of lead advisor to significant projects often incorporates legal and procurement expertise on the same transaction, as well as strategic probity advice.

In recognition of his position as a leading government lawyer, Scott was one of the first Law Society Accredited Specialists in Government and Administrative Law, both Commonwealth and State (with a focus on government commercial and procurement transactions), and has been appointed by the Law Society of NSW as the Head Assessor for that Specialist Accreditation this year. Scott also writes and lectures two procurement courses for the Masters Programs at both College of Law and the University of Melbourne.

Scott also has a special interest in contract law, particularly for major projects, and is a member of the Australian Advisory Board for World Commerce and Contracting Association (previously the International Association of Contract and Commercial Management)

He is experienced in drafting and implementing key project documents including market sounding/engagement documents, industry briefings, RFTs, tender evaluation plans, tender evaluation reports, commercial contracts and agreements and legal advices and resolutions to support decisions.

Experience

PROCUREMENTS AND PROJECTS COMMONWEALTH

Scott has a range of experiencing acting for and with Commonwealth Government agencies in relation to their procurement and probity requirements and projects. Some examples of his experience are set out below.

  • Department of Defence, Procurement Specialist and Lead Commercial Negotiator for all major Strategic Projects to Defence for the LEOSPO and GWEO Divisions
  • Defence – Lead Commercial Negotiator and Commercial Specialist – establishment of Panel for international transportation of Explosive Ordinance.
  • Department of Industry Science and Resources – MMI Grants Program – Advising DISR in relation to major grants program and procurement and legal aspects, including negotiating numerous high value Grant agreements, finance documents and security documents
  • ACMA – advising on two major procurements relating to the National Spectrum Licensing Program including procurement of the auction platform and the auction process itself.
  • Department of Infrastructure, Transport, Regional Development, Communications and the Arts – advising on Bulk Water Supply Agreement in relation to the Jervis Bay Territory.
  • CSIRO – advising on numerous construction projects, including the replacement of the Black Mountain Greenhouses through an ECI process.
  • DEWR – advising in relation to procurement and probity issues arising from a complex conflict of interest issue in relation to a major property procurement. Considering the conflict issue, advising on management strategies and action that DEWR is able to take under the contract.
  • DEWR – advising DEWR in relation to the PALM Scheme project, including commercial advice following the administration of a PALM Scheme participant and providing detailed legal advice and drafting and negotiating a Deed of Variation
  • Hunter Water – Probity Advisor for the Desalination Plant Project
  • Hunter Water – Probity Advisor for the outsourcing of the Treatment Operations Project undertaken through an Early Tenderer Involvement methodology
  • Generator Property Management – advising Generator Property Management in relation to a range of Projects including:
    • Wastewater Treatment Plant to manage highly toxic land and waterways containing PFAS
    • Property Management Contract for decommissioned Coal Power Station sites
    • Major Project Agreement for projects on decommissioned Coal Power Station sites
  • Commonwealth Government as Probity and Procurement Advisor to Treasury for the Markets Taskforce regarding the Commonwealth providing assistance to save businesses of strategic national importance in distress due to Covid;
  • ACMA – advising ACMA in relation to two RFTs relating to the RFT for the Spectrum Licensing project and specifically the System for the Spectrum Auction. Also engaged to advise regarding the Spectrum Licences themselves.
  • Department of Industry Science and Resources – advising DISR in relation to the outsourcing of its Small Business Support Contact Centre. Drafting and advising on all procurement and commercial contract aspects.  Advising on the extension of the current arrangement through a Deed of Variation and Transition Out/ Transition In aspects of the Department’s change-over.
  • Defence – Lead Commercial and Procurement Advisor on a range of projects primarily supporting GWEO and LEOSPO on numerous high value strategic and complex projects.
  • Defence – Probity advisor to all projects for GWEO and LEOSPO.
  • Defence as probity and procurement advisor on a range of projects including:
    • Nulka Assembly and Maintenance Facilities Project
    • Anglesea Barracks Mid Term Refresh Project
    • Defence Fuel Transformation Program
    • Defence School of Signals Redevelopment at Simpsons Barraks
    • United States Force Posture Initiatives project
    • Land 200 – Tranche 2 Facilities
    • Pacific Marine Support Program – advising on the East Timor port development
    • Lethality Weapons (Land 159)
    • Oakey Mid-Term Refresh
    • HMAS Mid-Term Refresh
    • Tweed Heads Mid-Term Refresh
    • Battlespace
    • Redfin Phase 1B
  • Defence – advising on claim by an unsuccessful tenderer under the Government Procurement (Jurdicial Review) Act 2018 and the application of the legislation and merits of the claim.
  • Department of Resources, Energy and Tourism – Probity and Procurement advisor to the Coal Sector Jobs Package and Coal Mining Abatement Technology Support Package. Advising on the Program, advice regarding the grant process including to the Board and in particular complex conflicts of interest. Advising on the Commonwealth Grant Guidelines and considering program as to application of CPRs and CGGs.
  • Department of Agriculture, Water and the Environment – (formerly Department of Energy Water Heritage and the Arts) – Procurement advice to major water projects and particular issues regarding ability of consultant to Government as part of tender preparation to subsequently bid or be part of a bidder team, and constructing a process to enable this.
  • Regional Investment Corporations – to develop documents and processes to support its remit of providing financial assistance to state government strategically important rural and water projects;
  • Office of the Registrar of Indigenous Corporations – Establishment of National Panel of Professional Service Providers – Procurement Advice to ORIC running a nationwide

 

  • GOVERNMENT ADVICE (STATE AND LOCAL)

 

  • Department of Planning and Environment – Solar for low income households project – negotiating PPA agreements, umbrella Deed and Installation Agreements and contracts for the major rollout of solar panels for low income households across NSW.
  • Department of Planning and Environment – Pier 2/3 and Shore studios 2/3 – Insurance Advice relating to Construction Project.
  • Department of Planning and Environment – Demolition and Construction of Elizabeth Bay Marina.
  • Department of Planning and Environment – Development of Template Funding Agreement
  • Department of Planning and Environment – Project Delivery Agreement with Landcom
  • Department of Planning, Industry and Environment – Probity Advisor to NSW Government regarding Container Deposit Scheme.
  • Landcom – acting as probity adviser on various Landcom Projects, including drafting policies, Bella Vista Showground Lease EOI, Lachlans Line, Hills Showground Site SG2 Invitation to Tender
  • Lake Macquarie Council – Drafting all Tender documents and templates and training Council Personnel
  • Georges River Council – drafting suite of procurement policies and templates for Council.
  • Lake Macquarie Council – Awaba Waste Water Treatment Plant – Drafting RFT and Contract documents, and conducting Risk Workshop with Council for Design Build Operate Maintain project.
  • Department of Education (NSW) – Advising TAFE on training service providers and direct negotiation advice.
  • State Transit – Advertising Revenue Contract – advising State Transit on all aspects of the procurement for its outsourcing of its advertising revenue contract on buses and trains.
  • State Transit – Advising NSW Government on the joint tickets contract between State Transit and Sydney Trains.
  • Newcastle Port Corporation – Advise across a range of projects including:
    • Procurement and probity advice – 80 Hectare Container Terminal and construction of 8 berths over a 99 year concession
    • Procurement and probity advice – Bulk Liquids Terminal
    • Procurement and probity advice – Helicopter Transfer Project
    • Procurement and probity advice – Maintenance program and contractor
    • Procurement and probity advice – Navigational Aids
    • Procurement and probity advice – D&C Pilot Cutter Contract
    • Procurement and probity advice – provision of IT and Wifi throughout the Port

 

  • Government Property NSW – advising GPNSW on outsourcing of all its Facilities Management requirements for its property portfolio.
  • Parkes Shire Council as lead legal and probity advisor for a two + year contract in relation to major infrastructure upgrades including providing probity and procurement advice, legal advice during contract works delivery, security of payment advice, legislative compliance and regulatory advice and construction contract drafting and undertaking risk analysis. This has involved advising Council in relation to procurements and contracts with Jemena and Essential Energy on large multi-party infrastructure projects.

 

  • Sydney Catchment Authority (now Water NSW)
    • Numerous Projects where Scott undertook role of procurement and probity advisor including
    • High Voltage Electrical upgrade role of Warragamba Dam
    • Tallowa Dam Fishlift Project utilising Early Tendered Involvement method of procurement
    • Radial Gates Replacement Warragamba Dam
    • Replacement of Butterfly Valves – Warragamba Dam
    • SCADA Systems replacement
    • Water Quality Monitoring Contract
    • FIMS (IT Project) to Integrate the Financial and Management Systems
    • Development of Procurement Policies

 

  • Sydney Water – advising Sydney Water on its outsourcing of its O&M and FM functionincluding Procurement and Construction advice.

 

  • Sydney City Council – Advising City of Sydney in relation to applying Early Contractor Involvement procurement method to various projects including:
    • D&C Green Park Gunyama Swimming Pool
    • Waste Services
    • Provision of City Wide Wifi
    • Maintenance of Street Furniture
    • Grounds Maintenance and Landscaping

 

  • NSW Housing – numerous Social Housing Projects including Common Ground and Camperdown / Glebe.

 

  • Northern Territory Government – Marine Industry Park – Strategic Procurement and Project advice to the NT Government, and Land and Development Corporation – Marine Industry Park – 160 hectare development

 

  • Northern Territory Government – Development of Tiwi Islands – RFT regarding development opportunities and advising Government on Project

 

  • Victorian Police – advising on unsolicited proposal and application of policy. Advising proponent through various Government and Treasury Gateways

 

  • Universities regarding Early Contractor Involvement and other innovative forms of procurement and market engagement, as well as providing advice on best for project and procurement contract templates comparing Australian Standard / FIDC Contract / NEC4 and GC21;

 

CONSTRUCTION AND PROJECT EXPERIENCE

  • Department of Education (Victoria) – Warrnambool Library Project – Joint Venture between the Department, Local Council and the local TAFE to decommission existing town libraries and D&C a new library in the existing TAFT building.
  • Newcastle Port Corporation – Advice across a range of projects including:
    • 80 Hectare Container Terminal and construction of 8 berths over a 99 year concession
    • Maintenance Contract
    • Bulk Liquid Terminal
    • Dredging Contract
  • Yuhu / AWOCQ – Acting for Developer on One Circular Quay – 80 storey mixed commerical, hotel and residential development at Sydney’s most inconic address.
  • Far East – (Singapore) – Acting in relation to development and rebadging of Westin Sydney (now Fullerton)
  • Charles Sturt University – Student Accommodation Project – Long Term Project Delivery Agreements and Agreements for Lease / Lease documentation
  • Charles Sturt University – Advice on optimal standard template construction contract, AS4902 and GC21 compared.
  • Various Ports around Australia Dredging Contracts
  • Sutherland Council – Sewer Mining Project – Advising on RFT, D&C Contract and O&M Contract
  • Sutherland Council – Advising on ECI Project for refurbishment of Sutherland Council Entertainment Centre including Process and Contract issues.
  • Sutherland Council – Drafting standard template AS4000 and AS4902 amendments for Council
  • NT Government – Marine Industry Project – 160 hectare Port Development Project.
  • Sydney Desalination Plant – Advising on Westconnext Project, Sydney Gateway Project – drafting and negotiating Project Deed of Access and Maintenance.
  • Sydney Desalination Plant – Advising on Plant Duplication Project.
  • Liverpool Council – advice regarding access under M7 for construction of cycleway.
  • Various Local Council – on major water projects, Covid and Force Majeure advice, innovative procurement (ECI, market led proposals, Public Private Partnerships and JV) and general procurement and probity advice, various swimming pool D&C projects, major refurbishment of Entertainment Centres, advising on code of conduct reviews and complaints;
  • Lake Macquarie – Drafting Procurement template documents – RFTs, RFPs, quotes, Tender Conditions and General Conditions
  • Various Renewable Energy Clients with a focus on solar and battery projects, including drafting and reviewing PPAs (and associated upstream and downstream agreements) and due diligence of brownfield project with negotiated agreements (most recently the acquisition by Solar Bay of the interest in the renewable energy project for the International Convention Centre; and
  • Numerous private and public sector entities in relation to Modern Slavery compliance and other related advice and drafting work.
  • Flinders Port on numerous projects including drafting bespoke dredging contract for the Port. Included drafting Request for Tender and Contract documents. Advising on contractor departures and negotiating the final contract with Boskalis;
  • Townsville Port on drafting and negotiating Dredging Contract and Major Works Construction Contract for sea wall and related dredging activity;
  • TasPorts on Slip Berth D&C Contract and advice on Competition Issues arising out of Pilots including statutory interpretation/licensing and certifying and competition issues arising;
  • Department of Defence on the contract for new Dolphin Berth at Eden Wharf and ongoing lease/management Contract for Lifeboat on all Naval Vessels in Australia;
  • Council – Water Security Project – Acting for regional Council in relation to water security project including advising on:
    • Grants program
    • Pipeline and Borehole D&C aspects
    • Land acquisition
    • Related environmental, procurement and stakeholder aspects
    • Other local Council Projects include:
    • Smart Parking Solution Project for Inner City Council
    • Swimming Pool D&C Project
    • Waste Services Contracts
    • Street furniture maintenance contract
    • JV  and Development arrangements with adjoining landholders
    • Advice on PPP requirements and interpretation under Local Government Act
    • Advice on Termination for Convenience and the Doctrine of Executive Necessity
    • Waste Water Treatment Plant D&C and Maintenance Contract
    • Sewer Mining Project including D&C and O&M Contract, End User Agreement and legislative water law advice under State and Federal legislation
    • ECI Procurement Process and Contract for Major refurbishment of Entertainment Centre
    • Dispute regarding Force Majeure declaration on major revenue contract
    • Review full suite of procurement policies, standards and templates
    • Modern Slavery and Sustainable Procurement advice

 

  • Port Owners as key legal advisor on numerous projects including:
    • drafting bespoke dredging contract for the Port. Included drafting Request for Tender and Contract documents. Advising on contractor departures and negotiating the final contract with Boskalis;
    • Modern Slavery and Corporate Governance/Compliance Advice;
    • advice in relation to Small Business Unfair Contract Terms legislation
    • review of standard terms and conditions;
    • advising in relation to acquisition and disposal of stevedoring and warehousing business in Townsville including comprehensive due diligence, advising on sale and purchase and matters, drafting Due Diligence report, drafting Share Sale Agreement;
    • commercial litigation against business vendor and vendor directors under warranties in guarantee provisions in M&A transaction documents; and
    • review logistics agreements regarding transport/rail arrangements relating to port materials for export.
    • supply contracts for goods and material in relation to sea wall and land reclamation program; and
    • Vessel Traffic System RFT and Contract.
    • Navigational Aids Maintenance;
    • Maintenance Container Terminal PPP / BOOT Scheme;
    • leasing strategy
    • drafting template lease and property documents and lease strategy;
    • drafting Multi User Agreement and Common Berth Access Terms;
    • Helicopter Transfer Contract;
    • D&C Contract for Pilot Cutter;
    • Whole of Port Radio Technology Contract;
    • Bulk Liquid Terminals Development and Associated Documents;
    • Fuels Terminated Contract;
    • government and administrative law advice regarding a State Owned Corporation (at the time) and the relevant legislative provisions that apply.
    • advice on Competition Issues arising out of Pilots including statutory interpretation/licensing and certifying and competition issues arising.

 

State / Territory Government

 

  • Renewable Energy Project for Low Income Households
  • Probity and Procurement Advice on the Container Deposit Scheme
  • TAFE NSW – Procurement Advice on Registered Training Organisational and Funds Program
  • Probity and Procurement advice relating to various hospital redevelopment projects
  • Sydney Water – O&M and FM Contract for all Sydney Water Assets
  • GPNSW – Facilities Management Contract for all NSW Government owned / leased occupied premises across NSW
  • Housing NSW – Social Housing Projects including the Common Ground Project and the Camperdown Social Housing Project including drafting the Agreement between the Community Housing Provider to deliver the project, and running and ECI process to select the desired builder.
  • New Wharves Project in Sydney – D&C using GC21
  • Sydney Catchment Authority / Water NSW – Numerous D&C Contracts and Procurement advices – including Electrical Upgrade of Warragamba Dam, Radial and Drum Gates Replacement, all 4 Butterfly Valves removal and replacement at Warragamba Dam, Fishlift Project, Financial Integration Management Systems (FIMS / major IT Project)
  • Department of Education, Victoria – New Library project – development of all documents and agreements for the Warrnambool TAFE library, acting for Department of Education we needed to draft, develop and negotiate all agreements between the Local Council, Tafe and State Government.
  • Marine Industry Park Project with Northern Territory Government including the development of a large Portside Marine Industry Park adjacent to the current Port of Darwin.
  • development of procurement / contracting / project strategy, options paper, presentation, workshop facilitation and tax advice.
  • Advice on Tiwi Island development
  • Tertiary
  • Probity and Procurement advisor on numerous university design, construction and development projects
  • Victoria University – Various projects including Peter Doherty Institute, Minor and Major Construction Panel, Fleury Mental Health Project, Acquisition of MRI and associated advice and building work
  • Charles Sturt University – Student Accommodation Project, Joint Venture for new course and facility with UWS, establishment of charitable and other trusts, review of standard contracts and advice on best contract form going forward
  • RMIT – New Academic Building Project
  • Murdoch University – New Building Project, and Smart Energy Project including procurement, probity and advice
  • Bendigo Kangan Institute – Various D&C Projects acting as procurement and probity advisor
  • Private Sector Clients
  • Hotel and Leisure – D&C for major renovations and refurbishment of national hotel owner and operator
  • D&C for the One Circular Quay Project
  • Disposal and Due Diligence for Major Student Housing Project
  • Renewable Energy Projects – including drafting and negotiating D&C and PPA arrangements between developer entity and national multi-site landholder
  • Sydney Convention Centre – Renewable Energy Project
  • Significant Private Sector developers – advising on development of existing asset, acquisition of new assets, structuring advice, contract management advice, disputes advice, property / leasing / AFL / access advice including advising on ad drafting all legal documentation
  • Modern Slavery compliance and related advice to various entities with revenue above the relevant threshold.

 

Scott’s sector specialisations include:

  • Government
  • Renewable Energy;
  • Construction and Infrastructure;
  • IT Projects;
  • Defence;
  • Sustainability and Sustainable Procurement;
  • Procurement;
  • Social and Affordable Housing and Student Accommodation’
  • Water and water law; and
  • Innovative forms of market engagement including Early Contract Involvement, Market Led Proposals, Integrated Project Delivery, Collaborative and Relationship Contracting.

 

Scott has worked on hundreds of projects in these sectors over his over 20-year career across the public and private sectors.

Recent Projects

  • Department of Defence, Procurement Specialist and Lead Commercial Negotiator for all major Strategic Projects to Defence for the LEOSPO and GWEO Divisions
  • Defence – Lead Commercial Negotiator and Commercial Specialist – establishment of Panel for international transportation of Explosive Ordinance.
  • Department of Industry Science and Resources – MMI Grants Program – Advising DISR in relation to major grants program and procurement and legal aspects, including negotiating numerous high value Grant agreements, finance documents and security documents
  • ACMA – advising on two major procurements relating to the National Spectrum Licensing Program including procurement of the auction platform and the auction process itself.
  • Department of Infrastructure, Transport, Regional Development, Communications and the Arts – advising on Bulk Water Supply Agreement in relation to the Jervis Bay Territory.
  • CSIRO – advising on numerous construction projects, including the replacement of the Black Mountain Greenhouses through an ECI process.
  • DEWR – advising in relation to procurement and probity issues arising from a complex conflict of interest issue in relation to a major property procurement. Considering the conflict issue, advising on management strategies and action that DEWR is able to take under the contract.
  • DEWR – advising DEWR in relation to the PALM Scheme project, including commercial advice following the administration of a PALM Scheme participant and providing detailed legal advice and drafting and negotiating a Deed of Variation
  • Hunter Water – Probity Advisor for the Desalination Plant Project
  • Hunter Water – Probity Advisor for the outsourcing of the Treatment Operations Project undertaken through an Early Tenderer Involvement methodology
  • Generator Property Management – advising Generator Property Management in relation to a range of Projects including:
    • Wastewater Treatment Plant to manage highly toxic land and waterways containing PFAS
    • Property Management Contract for decommissioned Coal Power Station sites
    • Major Project Agreement for projects on decommissioned Coal Power Station sites

Professional Qualifications

  • Bachelor Economics and Economic and Social History
  • Graduate Diploma in Laws

Recognitions

  • Head Assessor for Public and Administrative Law Specialist Accreditation, Law Society NSW
  • Lecturer, University of Melbourne, Construction Law Masters Programme, Procurement Specialist Subject
  • Lecturer, College of Law, Australia, Masters Course – Contracting, Procurement and Probity

    Sector

Special Counsel

Anthony Gardner

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