ProjecTeam Ltd

Tel: 0161-766-8709   Fax: 0161-766-6620   E-mail: mdrake@projecteam.co.uk

 


ProjecTeam Contract Training


The training covers the contracting process - advertisement, tenderer selection, tender documentation, invitation to tender, tender evaluation, contract conditions and subsequent contract management. It includes detailed coverage of all legal aspects, drafting techniques and the impact of TUPE on procurement and contract documentation.

The slides shown below are a random selection taken from a collection of over 80 slides. The notes relating to both the "Services and Goods Contract Differences" and "Contractual Variations" provide an indication of the level of detail provided by the notes supporting the slides presented. These form a valuable future reference manual for attendees.

The training normally takes place on your premises, over a two-day period. This provides sufficient time for attendees to raise their particular problems. The training can be tailored to suit the individual areas of concern.

The training is applicable to all practitioners. Use or knowledge of the CUP GN59 or ProjecTeam model documents is not necessary, in fact a case can be made that if you are not aware of the protection offered by those documents the training would be all the more necessary.

The training is applicable to both private and public sector practitioners.







 

Examples of the requirements for Services contracts which are not relevant to Goods are:

     

  1. Having a Setting-up Operations period between the signing of the Contract (Commencement Date) and the date when the Contractor becomes operationally responsible for the Services (Commencement of Full Operations).

  2. Compliance with the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) where any of the Authority’s Personnel, or employees of the previous contractor, transfer to the Contractor on the Commencement of Full Operations.

  3. The use of the Authority’s Property whether on or off the Authority’s Premises, its maintenance and repair during the Contract Period.

  4. The use of Contractor’s Equipment on the Authority’s Premises, requiring provisions covering the respective obligations of the parties and any options for the Authority to purchase any item at any time before the end of the Contract Period.

  5. The use of the Authority’s Premises specifying the parts to be used by the Contractor or to which he is allowed access, the status of his occupation as licensee and his obligations on leaving at the end of the Contract. The ITT should cover any saving if the Contractor does not require the full space previously allocated. The Authority must also have the right to control the admission of Staff.

  6. The retainment of Key Staff of the Contractor in providing the Services. The Authority needs to be able to restrict the ability of the Contractor to offer the same people to the next prospective client.

  7. Handover requirements, for the Contractor to provide information for re-tendering the Services, including all relevant TUPE information relating to his Staff; to allow other tenderers to visit the Site, whether on the Authority’s or the Contractor’s premises; and to hand over current information and material used in providing the Services. The Contract must ensure that handover is not precluded by the Contractor having copyright in any material that is required for the future provision of the Services.
















  1. There is no real advantage in a contract condition stating that the contract may be varied by written agreement, or that no variation shall have effect unless agreed by both parties in writing. As a permissive measure, it adds nothing to the rights given under the general law of contract. It is a defensive measure, preventing either party claiming that the contract has been varied by some other document, or orally, or by conduct. Such conditions leave variations open, simply to be agreed.

    2. In a contract for the continuing provision of services over a substantial period of time, it is essential that the Authority has the right to bring about changes in the services, provided they are related in nature to the services being provided by the contractor.

    The contractor’s agreement to such variations is given in advance, on entering into the contract. The condition should confirm that such variations will not vitiate the contract, otherwise the contractor might claim that a proposed variation amounts in law to a proposal to terminate the contract and negotiate a new contract on different terms.

    The contract should provide a controlled procedure for the Authority to require such variations and for either party to initiate other variations. CUP GN 59D, Model Conditions of Contract, Condition 36, sets out a balanced, detailed procedure centred on a Variation to Contract Form at Appendix A.

  2. The pricing of a variation is crucial. If the contract does not provide for its pricing, the contractor would contend that a variation could have no effect in law without his agreement, at a price determined by, or accepted by, the contractor at the relevant time.

There is no advantage in a contract condition giving the Authority the right to modify the services by written notice, and then stating that any alteration to the contract price shall be agreed by both parties.

The contract should provide criteria for the pricing of variations, agreed on entering into the contract and centred on the prices and rates set out in the contract. In order of precedence, the price for a variation, unless otherwise agreed, should be calculated using the existing prices and rates, or pro-rata to those prices and rates, or based on those prices and rates. CUP GN 59D includes such a provision in Condition 36.6.


ã ProjecTeam Ltd. Tel: 0161-766-8709 Fax:0161-766-6620 

E.mail: mdrake@projecteam.co.uk  

www.projecteam.co.uk

 

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