ProjecTeam Ltd
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Bury BL9 9TX
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ProjecTeam
Ltd
Tel: 0161-766-8709 Fax: 0161-766-6620 E-mail: mdrake@projecteam.co.uk
SERVICES CONTRACT TRAINING
75 Common Contracting Errors
1. Failing to conduct Services
procurement as an end to end process
2. Failure to adopt a comprehensive set of procurement and contract documents
3. Assuming contracting for Services is the same as for Goods
4. Believing procurement law is there to hinder you
5. Not writing flexibility into the Advertisement
6. Not probing deeply in the Pre-Qualification process
7. Not referring to referees for performance histories
8. Omitting project details for a Pre-Qualification Interview
9. Allowing no feedback from prospective tenderers
10. Not applying an objective Pre-Qualification scoring mechanism
11. Allowing Pre-Qual decisions to be made by one person
12. Failing to dispose of Pre-Qual issues at the Pre-Qual stage
13. Issuing the ITT without confirmation of willingness to tender
14. Not covering the use of Authority’s property and premises
15. Allowing the playing field to remain tilted
16. Not making a compliant tender a pre-requisite of a non-compliant tender
17. Departing from major ITT matters without reissuing to tenderers
18. Not adopting structured criteria for the evaluation of tenders
19. Failing to have a structured Tender Board procedure
20. No formal record of Tender Board deliberations
21. Allowing one tenderer more equality than others
22. Letting the chosen tenderer gain a negotiating advantage
23. Not keeping a second tenderer in reserve
24. Failing to incorporate the proposed contract into the ITT
25. Not resolving tendered qualifications to the ITT before proceeding to a contract
26. Awarding a contract before its terms are agreed
27. Treating goodwill as a substitute for a sound contract
28. Treating a winning In-House Team as before
29. Letting a contractor proceed without a signed contract
30. No distinct Section format for the contract
31. Appendices in more than one Section of the contract
32. Including the contractor’s Method Statement in the contract without being aware of the dangers
33. Letting the terms of the contract include every document referred to in it
34. Incorporating incompatible conditions from other contracts
35. Applying the Big Bang theory to the contract start-up
36. Omitting remedies if the contractor is not ready for full operations
37. Using a prescriptive Specification not based on outputs
38. Incorrect use of defined terms
39. Having a contract agreeing that things will be agreed
40. Calling the same thing by different names
41. Specifying for things that may happen without corresponding pricing information
42. Specifying for the contractor to assist the Authority
43. Specifying
for the contractor to organise or maintain
44. Requiring only the contractor’s best endeavours
45. Treating the use of initials as OK
46. Emphasising certain provisions and diminishing others
47. Having no variation control procedures
48. Taking a to be agreed approach to variations
49. Failure to exclude oral and informally instructed variations
50. Not reserving the right to make essential variations to the Services
51. Omitting provision for the pricing of variations
52. Having no tendered pricing provision for volume changes and additional work
53. Not knowing the ongoing cost to the contractor of contended variations
54. Underestimating the significance of IPR
55. Letting the contractor acquire a monopoly of the Services
56. Failure to avoid getting “locked into” the incumbent contractor
57. Not reserving the power to extend the contract
58. Leaving the contractor free to impose its own terms after expiry
59. Not having the right to obtain information in order to re-tender
60. Omitting provisions for handover of the Services
61. Failure to obtain a breakdown of prices
62. Failure to obtain a breakdown of the contractor’s tendered anticipated resources
63. Allowing the contractor to double-charge for time
64. Managing a contract without knowing its contents
65. Having no knowledge of the level of customer satisfaction
66. Not adopting a partnering approach to project management
67. Failure to discuss problems and allow for correction
68. Serving a default notice without oral warning
69. Leaving TUPE out of account in the Pre-Qual procedures
70. Leaving contractors to sort out TUPE among themselves
71. Not obtaining TUPE information before the ITT
72. Not pricing for employees who leave the TUPE boat before the transfer
73. Omitting the application of TUPE in the contract conditions
74. Indemnifying the contractor against TUPE applying at the start of the contract
75. Indemnifying the contractor against redundancies at the end of the contract.
ã Issued by ProjecTeam Ltd