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NHF SoR User Group on Contract Conditions

NHF SoR User Group on Contract Conditions. David Miller Rand Associates. Where We are and Where We Want to Be. Where we are now with the NHF Schedule of Rates - Version 5.1 Conditions of Contract The role of the Instructions to Tenderers [ITT] in OJEU Articles of Agreement and Definitions

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NHF SoR User Group on Contract Conditions

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  1. NHF SoR User Group on Contract Conditions David Miller Rand Associates

  2. Where We are and Where We Want to Be • Where we are now with the NHF Schedule of Rates - Version 5.1 Conditions of Contract • The role of the Instructions to Tenderers [ITT] in OJEU • Articles of Agreement and Definitions • Contract Conditions • Preliminaries and General Matters • Appendices • Use in Partnering – Pricing and KPI Frameworks • The Future - What do we want for Version 6

  3. Background • Traditional Format combining legal with operational matters – one client/one contractor • Viewed as being robust but gives greater protection to the Employer • Legalistic in presentation, not easy for the ‘layman’ to understand • In it’s standard format not friendly towards the current ethos of ‘Partnering’ and risk sharing

  4. Required Updates for New Regulations etc • TUPE Regulations 2006 – further amplification • CDM Regulations 2007 – April 2007 • Mediation and Conciliation • Diversity and Equality • Criminal Records Bureau checks • Client’s Charter requirements • Human Rights • Freedom of Information

  5. Linkages to other Standard Forms of Contract • TPC 2005 – multi party agreement • Parts of the NHF Contract provide; • Term Brief • Procedural Requirements – TUPE, Community Investment etc • Operational Requirements – Preliminaries • KPI Framework • Price Framework • Model Risk Register

  6. Linkages to other Standard Forms of Contract • JCT 2005 – one client one contractor agreement • Parts of the NHF Contract provide; • Procedural Requirements – TUPE, Community Investment, Diversity & Equality etc • Operational Requirements - Preliminaries • KPI Framework • Price Framework

  7. Suggested Format for the Future • Instructions to Tenderer’s [ITT] • Articles of Agreement and Recitals • Definitions and Interpretations • Contract Details – Appendix to Articles • Conditions in ‘stripped down easy read format’ • Procedural Preliminaries in ‘stripped down easy read format’ – detailed requirements to be contained in ‘a number of Annexes • Model Price and Payment Frameworks • Operational Preliminaries in ‘stripped down easy read format’ – detailed requirements to be contained in ‘a number of Annexes e.g.Scaffolding [including merging with Model Code fro Scaffolding] , Health & Safety [including merging with CDM Requirements] • KPI and Performance Target Framework [merging KPI Framework and Appendices for Response Priority and Performance Targets]

  8. Version 6 • What else would you like to see in Version 6 • It’s over to you now

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