Management Advisory Services (MAS) Panel - Frequently Asked Questions

What does being "on the Panel" mean?

“On the Panel” refers to the Service Providers who were selected for one or more Service Categories or Service Subcategories on the Management Advisory Services Panel, for which they were assessed to provide value for money.

The Panel structure allows it to be refreshed during its term to allow new Service Providers to join and existing Service Providers to apply for additional Service Categories that may be added over time. 

Is this a mandatory coordinated procurement?

Yes. As a coordinated procurement, in accordance with paragraph 4.12 of the Commonwealth Procurement Rules (CPRs), the Panel is mandatory for use by non-corporate Commonwealth entities (NCEs) that are subject to the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

Use of the Panel is optional for corporate Commonwealth entities (CCEs) and Commonwealth companies (CCs), including Government Business Enterprises (GBEs). CCEs, CCs and GBEs will need to be authorised by the Department of Finance (Finance) to use the Panel through a Deed of Participation.

What Services are available under the MAS Panel?

The MAS Panel includes Financial, Corporate and Commercial Management Advisory Services, commonly known as consultancies. The MAS Panel web pages provide an interactive Scope of Services, a printable pdf version and an interactive Search Tool where you can search by Service Category and Subcategory for Service Providers.

What is the term of the Panel and will it be refreshable?

The Panel will expire on 30 September 2025. Finance may, at its sole discretion, extend the Panel for a further period (or periods) of up to four years in total, which may be taken in whole or in part, and in any number or combination of time periods.

The Panel structure allows it to be refreshed during its term to allow new Service Providers to join and existing Service Providers to qualify for additional Service Categories that may be added over time.

The refresh of Financial Advisory Services has closed. The refresh for Corporate and Commercial Management Advisory Services is anticipated to occur later in 2024. Interested parties should register on AusTender to receive notifications about the release of the Approach to Market. Further information about the refresh can be found at Panel Refresh - MAS Panel | Department of Finance.

Approaches from industry to join the Panel will not be considered outside of a formal refresh process.

The MAS Panel Flexibility Framework provides entities with a minimum allowance of $50,000 or up to five per cent of their total consultancy expenditure per financial year, which ever is greatest, to purchase on Management Advisory Services within scope of the Panel from Service Providers not approved on the MAS Panel, including First Nations businesses. An additional five per cent allowance or a minimum of $50,000, whichever is greatest, is available for entities to engage First Nations businesses.

The objective of these allowances is to provide entities with additional flexibility to meet specific business needs, and to provide opportunities for new market entrants, First Nations Service Providers, small and medium enterprises (SMEs) and specialists not on the MAS Panel to provide services to Government. The allowances also allow for entities to undertake procurements that support the Commonwealth Indigenous Procurement Policy by engaging First Nations Service Providers that may not be on the panel, helping to build capability and increase participation of First Nation businesses in Australian Government procurement.

How to determine if the services required are for a consultancy or contractor services?

The difference between consultants and contractors depends on the nature of the services and the level of direction and control over the work that is performed to develop the output. 

The Panel is for  Management Advisory Services, commonly known as consultancies and defined as:

“the provision of professional, independent advice, and other strategic services that involve the development of an intellectual output which represents the independent view of the Service Provider and assists with entity decision‑making."

Services procured by entities under the Panel must meet the definition of a consultancy as per Resource Management Guide No 423: Procurement Publishing and Reporting Obligations.” (RMG423)

Entities should refer to the Contract Characteristics guidance in Appendix 2 of RMG 423 to determine whether the services they require are for a consultancy and would be in scope of the Panel.

The Scope of Services is broad, how do I select the right category?

The Panel’s broad scope of services has been carefully structured to:

• reflect the wide range of Management Advisory Services commonly used by entities;
• provide flexibility for SMEs and First Nations people to offer specialised services, without being restrained by overly prescriptive Service Categories; and to
• allow entities to meet their diverse business needs by providing access to Service Providers that offer a diverse range of either broad or specialised services.

To identify potential Service Providers from the Panel, an entity can use the Search Tool to look for Service Providers at the Service Category level, particularly where the services required cover a range of the relevant Service Subcategories.

For more specific requirements, an entity can use the Search Tool to look for Service Providers at the Service Subcategory level.

It should be noted that the service descriptors (i.e. the dot points) under a Service Subcategory are examples of the types of services that could be commonly provided under the Service Subcategory and are not intended to be definitive or limiting.

Can entities seek services across multiple Service Categories or Subcategories?

Yes. Agencies may procure work across multiple Service Categories or Subcategories with a single Service Provider.

In such circumstances the entity must ensure they engage a Service Provider who is listed against all the Service Categories or Subcategories required by the entity.

When filling in a Request for Quotation (RFQ) or Order for Services that crosses multiple Service Categories or Subcategories, entities should select the Service Category and Subcategory that captures the majority of work that is to be undertaken by the Service Provider.

Are there any services that are not in scope of the Panel?

The services available under the Panel do not include:

• contractor (non-consultancy) services performed under the supervision of an entity (except where this is an Associated Output identified prior to entering into a contract);
• recruitment or labour hire services;
• services available under other Whole of Australian Government (WoAG) arrangements such as legal services;
• services that are unique to information and communication technology, and property consultancy services;
• environmental management and assessments;
• delivery of training;
• the engagement of an ‘eminent person’ or prominent individual appointed by an entity to provide particular services; and
• specialist consultancy services that are unique to entities that are not provided through the Service Categories.

Can any Management Advisory Services be procured outside the Panel?

The Flexibility Framework provides entities with minimum allowance of $50,000 or up to five per cent of their total consultancy expenditure per financial year, whichever is greatest, on Management Advisory Services within scope of the Panel from Service Providers not on the Panel, including First Nations businesses. An additional five per cent allowance or a minimum of $50,000, whichever is greatest, is available for entities to engage First Nations businesses.

The objective of the Flexibility Framework is to provide entities with additional flexibility to meet their specific business needs, and to provide opportunities for new market entrants, First Nations Service Providers, SMEs and specialists to provide services to provide services to the Government without being on the Panel. The allowances also allow for entities to undertake procurements that support the Commonwealth Indigenous Procurement Policy by engaging First Nations Service Providers that may not be on the panel, helping to build capability and increase participation of First Nation businesses in Australian Government procurement.

The off-panel allowances have been determined based on an analysis of the value of entity consultancy contracts reported on AusTender.

The Flexibility Framework applies to all NCEs who are mandated to use the WoAG arrangement. Other Commonwealth entities, such as CCEs, CCs and GBEs who opt in to use the panel are not required to comply with the Flexibility Framework.

Entities are responsible to track annual expenditure on consultancies to manage the off-panel allowance. Entities can base their calculation of off-panel expenditure on actual average annual expenditure over the previous three-year period, minus any off-panel expenditure over the same period.

Finance may seek confirmation of compliance from NCEs at the end of each financial year. In assessing compliance with the five per cent off-Panel allowance, Finance will consider data sources such as entity AusTender reporting, entity annual reports and Panel operational reporting provided to Finance from Service Providers.

Can entities see the Head Agreement?

A single Head Agreement has been developed to apply to all Service Providers and is available on the MAS Panel website and in Dynamic Sourcing for Panels (DS4P).

The only differences between agreements with Service Providers are:

• the contact details and address for notices;
• the Service Subcategories they have been approved to provide;
• the Service Provider’s rates; and
• any applicable Order Value Discounts.

All of this information can be found in AusTender’s Dynamic Sourcing for Panels (DS4P) site.

How will we know which Service Providers are on the Panel?

The MAS Panel website has a Search Tool allowing entities to view the Service Providers that are on the Panel, and identifies the Service Subcategories in which they were successful. The Service Providers are also listed on AusTender under SON3751667 and in DS4P.

Is there flexibility for agencies to obtain more favourable rates than the Panel rates?

Yes, Panel rates are maximum rates. An entity may negotiate lower fees or innovative pricing arrangements with Service Providers where possible, particularly for larger bodies of work. Most Service Providers have also provided order value discounts as part of their offering.

Paragraph 9.14 of the CPRs encourage procuring officials to maximise competition by approaching multiple potential suppliers on a standing offer.

How can the Panel rates be accessed?

Entities can access de-identified percentile rates on AusTender DS4P. This includes aggregated data of chargeable fees for the 25th, median and 75th percentile for use by entities. Entities will need to contact their Central Procurement Team to gain access to DS4P.

A secure GovTeams community, has been established to provide entities with access to identifiable rates where a requirement for the information can be clearly demonstrated. To gain access:

• Ensure you are logged into your GovTeams account
• Access the Strategic Contracting - Panel Info & Pricing community here.
• Request access to the community
• Once you have access to the community, you will see a private pricing channel, for the MAS Panel. This hosts the Supplier Matrix with Pricing.  Access to the private pricing channel is restricted to Central Procurement Teams.
• To access the private pricing channel, an Access Request Form (found on the General page within the GovTeams community) must be completed which will require:  
  • Your contact information;
  • Confirmation of ongoing APS employment; and
  • SES endorsement and their contact details.

Once access request is granted, you will be able to access the Supplier Matrix with Pricing. Only three contacts from an agency can have access to the GovTeams channel at once. 

If you have any questions, please contact the MAS Contract Management Team on (02) 6215 3399 or email MASPanel@finance.gov.au.

How are quotes obtained, and contracts placed under the Panel?

Relevant to the scale and scope of the procurement, entities may request any number of the Service Providers listed in the relevant Service Subcategory to submit a quote.

Entities should consult with their internal procurement advisors as there may be entity specific requirements in determining an approach to market.

For more information see the Purchase Services web page.

Is there a requirement to approach an SME when issuing an RFQ?

Yes. When seeking quotations from Service Providers, entities must include at least one SME in the RFQ process when procuring from the MAS Panel. Entities are encouraged to support procurement officials in researching SME business. 

The objective of this requirement is to provide more opportunity for SMEs to compete for Australian Government contracts and participate in procurement. This participation will help build capability and maximise opportunities for Australian and SME business. 

If there is no SME in the relevant service sub-category or an SME does not have capacity and capability to deliver the required services, an entity should clearly explain and document this as part of its procurement process. Note the Flexibility Framework provides entities with the option to approach suppliers that are not on the panel.

The MAS Panel webpage contains a Service Provider Search Tool which enables entities to filter their search by SME or First Nations providers.

It is the responsibility of entities to ensure they meet this requirement by identifying and including at least one SME in the procurement activities they undertake. Finance will undertake compliance checks to ensure entities are meeting this requirement.

Is there a Performance Management Framework for the Panel?

Yes. Service Providers must maintain a high standard of quality and delivery of services by their Personnel and Subcontractors, including compliance with all requirements of the Head Agreement and any additional requirements in an Order for Services.

The Performance Management Framework incorporates:

For more information see Quick Guide – Performance Reporting.

What information will Service Providers report?

The Head Agreement requires Service Providers to provide quarterly reporting to Finance on the value of invoices paid in the reporting period by Service Category. This information is used to compile the Acquittal Statement provided to each entity with their quarterly invoice.

How do I report contracts under the Panel on AusTender?

All NCEs and prescribed CCEs must comply with the Resource Management Guide 423 Procurement Publishing and Reporting Obligations (RMG 423) which sets out the publishing and reporting obligations under the Commonwealth Procurement Framework and other government policies.

Entities are required to report on AusTender, all contracts entered into under the Panel that are valued at or above the relevant reporting threshold in the CPRs. The contract details on AusTender must reflect the procurement method used to establish the standing offer and reference the relevant Standing Offer Notice (SON) ID. When reporting an Order for Services under the Panel on AusTender, remember to:

• link your Order for Services to SON3751667 so that your contract is correctly reported as part of the WoAG Management Advisory Services arrangement;
• use the UNSPSC code for Management Advisory Services: 80100000;
• select the Procurement Method as “Open Tender”, regardless of the number of Service Providers you approached (as the Panel was formulated through an open approach to market); and
• under Consultancy select “Yes” and select the most relevant Consultancy reason.

How will entities report on Service Provider performance issues?

Entities can report any performance issues to Finance via the MAS Panel Agency Satisfaction Survey

Entities using the Panel have a responsibility to:

• engage with and ensure their own understanding of the Head Agreement;
• identify and manage any perceived or actual conflicts of interest;
• ensure understanding of the performance measures provided;
• not contribute to a perceived Service Provider performance failure; and
• take steps and work with the Service Provider to rectify an issue before reporting unsatisfactory performance to Finance.

Does my entity have to pay to use the Panel?

Yes, similar to other WoAG arrangements, there is a Coordinated Procurement Fee to recover costs associated with the establishment and ongoing management of the Panel. Finance will manage the Head Agreement with Service Providers on behalf of entities.

For a more detailed explanation of the fee, please see Quick Guide - Coordinated Procurement Fee.

Is data security and consequences of a data breach covered in the Head Agreement?

Yes. Providers are required to comply with the Head Agreement requirements in relation to data security and data breach reporting. Service Providers must also comply with any data storage Additional Requirements specified by an entity in an Order for services.

My entity has an existing arrangement that may be impacted by the new MAS Panel. How do we maintain access to services?

The MAS Panel is fully operational with all three phases (Financial, Corporate and Commercial) rolled out. Entities should not be running consultancy panels and instead should be using the MAS Panel to procure services. Finance will work with entities to shut down panels where required.

How does the Indigenous Procurement Policy apply to the Panel?

The mandatory set aside component of the Indigenous Procurement Policy (IPP) generally does not apply to WoAG Panels. However, entities are encouraged to apply the principles of IPP by procuring from First Nations businesses. Contracts with First Nation businesses from the MAS Panel also count towards entities’ portfolio targets for contracts awarded under the IPP.

For procurements valued over $7.5 million, the Mandatory Minimum Requirements (MMRs) of the IPP will apply. For procurements over this threshold, entities must request an Indigenous Procurement Plan when seeking quotations.

Entities can also use the Search Tool on the MAS Panel website to identify First Nations Service Providers on the Panel. These Service Providers will also be flagged in Service Provider lists.

The Flexibility Framework provides entities with a minimum allowance of $50,000 or up to five per cent of their total consultancy expenditure per financial year, whichever is greatest, on Management Advisory Services within scope of the Panel from Service Providers, such as First Nations Service Providers, who are not approved on the MAS Panel. An additional five per cent allowance or a minimum of $50,000, whichever is greatest, is available for entities to engage First Nations businesses. 

The allowances also allow for entities to undertake procurements that support the Commonwealth Indigenous Procurement Policy by engaging First Nations Service Providers that may not be on the panel, helping to build capability and increase participation of First Nation businesses in Australian Government procurement. 

When an entity procures through the Flexibility Framework, the procurement is no longer through a WoAG Panel, and the requirements of the IPP applies.

Further information regarding the IPP is available on the NIAA website.

Does the Australian Industry Participation Policy apply to the Panel?

When preparing an RFQ or Order valued at $20 million or more, you should phone 02 6213 6404 or email aip@industry.gov.au to discuss whether an Australian Industry Participation (AIP) Plan is required. 

How does the Shadow Economy Policy apply to the Panel?

The Shadow Economy Policy applies to all procurements with a value over $4 million including GST under this Panel.

All Service Providers have supplied a Statement of Tax Record (STR) as part of the requirements in their tender response. Service Providers are required to hold a valid and satisfactory STR at all times during the Head Agreement period and provide a copy on request to Finance or an entity.

Agencies are required to obtain and retain a current STR for each Order where the Shadow Economy Policy applies.

How does the Supplier Code of Conduct apply to the Panel?

On 1 July 2024, the Commonwealth Supplier Code of Conduct (Code) came into effect. 

The Code outlines the Commonwealth’s minimum expectations of Service Providers and its subcontractors while under contract with the Commonwealth. Service Providers must conduct themselves with high standards of ethics and act with integrity and accountability.

The Code is mandated through the CPRs which states that relevant entities must incorporate the Code into all Commonwealth forms of contract entered into from 1 July 2024. An Accountable Authority may determine that a contract should not include the Code, in part or in full, but must document the basis for this decision. 

To enable enforcement of the Code, provisions for request documentation and standard clauses for Commonwealth contracts have been developed and are available in ClauseBank. 

Further information and guidance on the Code can be found on the Supplier Code of Conduct overview page on finance.gov.au

How does the National Anti-Corruption Commission requirements apply to the Panel?

The National Anti-Corruption Commission (NACC) commenced operations from 1 July 2023. The NACC is an independent Australian Government entity that detects, investigates and reports on serious or systemic corrupt conduct in the Australian Government public sector. 

Service Providers are required to comply with the National Anti-Corruption Commission Act 2022 (Cth) (NACC Act) under the terms of the NACC Act and the MAS Head Agreement.

What are the Country of Tax Residency Disclosure requirements? 

For all procurements valued at $200,000 or more, Service Providers must declare their country of tax residency (including their ultimate parent entity’s country of tax residence), as part of the general business identifier information required by government policy. 

Tax residence is a principle that is determined under the domestic tax rules of a country. It is relevant when considering how business income is taxed. 

To assist entities to comply with the country of tax residency requirement as part of their procurements, Finance maintains Service Providers’ country of tax residency information centrally for the MAS Panel. This document can be found under ‘Panel Documents’ in DS4P. 

For further information on tax residency, visit the Australian Taxation Office.

How does the Workplace Gender Equality Act apply to the Panel?

Finance has assessed the compliance with the Workplace Gender Equality Act 2012 at the time of establishing the Panel. Finance will continue to monitor the compliance of Panel suppliers during the term of the Head Agreement.

How do exemptions 6 and 16 of the Commonwealth Procurement Rules apply to the Panel?

As the Panel is established as a coordinated procurement, these exemptions in Appendix A of the CPRs, relating to the procurement of research and development services, and the procurement of goods and services from SMEs with at least 50 per cent First Nations people ownership, do not apply.

The Flexibility Framework provides entities with a minimum allowance of $50,000 or up to five per cent of their total consultancy expenditure per financial year, whichever is greatest, on Service Providers who are not approved to deliver services through the Panel, such as First Nations Service Providers and SMEs. An additional five per cent allowance or a minimum of $50,000, whichever is greatest, is available for entities to engage First Nations businesses.

What is an Associated Output?

Services required under an Order for Services may also include the delivery of a limited amount of contractor services, termed an ‘Associated Output’.

The Head Agreement defines an Associated Output as:

‘the delivery of services that are (in the view of the Agency) consequential to and/or necessary for facilitating the Management Advisory Services required by the Agency in a Contract, and where these services are described in a Contract.’

Any Associated Output must be identified prior to entering into a contract. The RFQ template calls for a detailed description of the services required and any Associated Outputs in the ‘Detailed Statement of Work’ section.

Will panellists be able to publish their inclusion to the MAS Panel on their company website?

Panellists are able to publish their inclusion on the MAS Panel on their company website and social media pages. All wording must be approved by Finance prior to any publication (Head Agreement clause 32.6.1).

Approval to publish details of any contract must be sought separately from the commissioning entity, not Finance.

Service Providers are also able to provide Finance with a 200-word pitch to promote their service offerings to include on the MAS Panel Search Tool. This will be approved by Finance before publishing. 

When are the Service Provider Reports due?

The Service Provider Reports must be in accordance with:

Service Provider Quarterly Reporting | Department of Finance

Service Providers will receive an automated reminder email 10 business days prior to the reporting period commencing. This is the time to start reviewing what contracts you have under the MAS Panel and what invoices have been paid.

On the first business day after the end of the quarter, Service Providers will receive an email with a Services Invoice Report template to be completed in accordance with Schedule 8, which will specify the cut-off date and the details that are required. Prompt reporting is encouraged.

Service Providers will receive two additional reminders during the reporting period.

How do panellists become aware of potential opportunities for work from the Panel?

Entities will issue an RFQ to selected authorised MAS panellists by invitation only, following the requirements as set out in Part B (Ordered Services) and Schedule 5 (RFQ template) of the Head Agreement.