EPA SUBCONTRACT TEMPLATE Overview September 2017 Rebecca Rhodes, Senior Associate, UVAC r.rhodes@bolton.ac.uk

Documentation request the template from uvac@bolton.ac.uk

Professional Discussion EPA process Assessment Organisation added to the RoEPAO Employer selects organisation from the RoEPAO and informs provider Provider & assessment organisation agree working arrangements & provider formally contracts with organisation Assessment organisation delivers EPA & applies for certificate Assessment organisation receives final payment via provider Professional Discussion If y

EPAO EPAOs must be carried out by organisations registered on the register of end-point assessment organisations for the specific apprenticeship Option to add additional apprenticeships OR to contract EPA by EPA, Programme by Programme Different agreement because the EPAO is not a full service subcontractor Assessments will either be delivered by an independent third party or in such a way that no party who has been involved in delivery of the apprenticeship can make the sole decision on competence and passing the end-point assessment. Employers will use the Register to select an organisation to undertake end-point assessment for them. Employers determine which organisation they will select and the process for selection. The lead training provider will contract with the end-point assessment organisation, on behalf of the employer. End-point assessment is separate to any qualifications or other assessment that the apprentice may undertake during training. You retain the relationship with the employer at all times You must pass information about the Apprentice to enable the Certificate to be ordered

EPAO An end-point assessment organisation must: have current and relevant occupational experience of the standard have relevant assessment experience and expertise have expertise and capacity to design, develop and deliver the EPA methods as set out in the assessment plan promote itself to employers to support informed employer choice robustly manage conflicts of interest undertake eligibility checks prior to apprentice undertaking EPA directly deliver EPA notify employer of the outcome of EPA apply for the apprentice certificate on behalf of the apprentice provide Quality Assurance of their activity adhere to EQA requirements.

Structure Definitions and Interpretation Commencement and Duration Training Provider Obligations AAO Obligations Ordering Additional End-Point Assessment Services Repeat End-Point Assessment Services Fees and Payment Termination Consequences of Termination Force Majeure Liabilities and Insurance Insurance Safeguarding Health and Safety Confidentiality Intellectual Property Data Protection and Freedom of Information Equality Legislation Contract Variation Change Protocol General

Contract Particulars

The contract terms

Your Obligations 3.1 The Training Provider shall manage the delivery of Training to Employers and the Apprentices: 3.1.1 using reasonable skill and care; 3.1.2 in compliance with the Funding Rules; 3.1.3 in compliance with the Law and associated codes and guidance from time to time in force. 3.2 The Training Provider shall carry out the actions allocated to it in the End-Point Assessment Programme and provide the AAO with sufficient information to enable End-Point Assessment to take place. 3.3 If the EPAO meets their obligations set out in clause 4 you the Training Provider shall use its reasonable endeavours to recover sums in respect of the Fees from the ESFA and/or the relevant Employer under the Employer Agreement (as the case may be).

Your Obligations Fees and Payment 6.1 You shall pay the Fees to the AAO that you collect from the ESFA or Employer 6.2 They invoice you to whatever plan you agree (or if not agreed, on a monthly basis). Subject to clause 6.1, you pay within 30 days 6.3 The fees are exclusive of VAT. In the case of any VAT for the EPA this is incorporated into the fees. 6.4 ‘Without prejudice to the rights of either party under this agreement, any sums that remain unpaid after their due date shall bear interest at the rate of four per cent (4%) above the Bank of England base rate from time to time’. A range of additional costs can be included in the fees

EPAO Obligations Dispute Resolution 7.1 serve written notice on the other stating the nature of the dispute 7.2 After service of the Dispute Notice 7.2.1 within five 5 days, meet to attempt to settle the dispute 7.2.2 after 21 days from the date of service of the Dispute Notice, the appropriate senior meet within the following 14 days to attempt to settle the dispute; and 7.2.3 following 56 days the parties appoint an independent mediator via CEDR - costs shared equally. 7.3 courts.

Disputes Termination 8.1 terminate with immediate effect by written notice to the other party if: 8.1. material breach occurs and (if such breach is remediable) failure to remedy within 30 days after being notified in writing to do so; 8.1.2 repeated breaches ‘in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement’ Consequences of Termination 9.1 End of obligations except: 9.2 Express continuation e.g. clause 4.3.2 - access to documents, apprentices etc required to comply with Funding Rules . 9.3 Return of equipment, documents, information or materials used in connection with the EPA and 9.4 each party shall cooperate in good faith to ensure continuity of assessment such that no Apprentice is materially disadvantaged by the termination of this agreement.

Checks An end-point assessment organisation must not: promote its service to employers unless it is on the RoEPAO Change the approach to and delivery of EPA as set out in the assessment plan deliver end-point assessment to non-apprentices delegate end-point assessment to a provider deliver the learning elements to the same apprentice

The Programme Template Schedule 1 This will need to be filled in for each apprenticeship programme and each Fees schedule tailored appropriately. Where multiple programmes of End-Point Assessment Services are being provided under the same contract, multiple End-Point Assessment Programmes will need to be inserted] Schedule 2 Mandatory Policies

The Template - Schedule 1

Questions Please use the questions facility to add your feedback and comments about the webinar Any scenarios? - please email me r.rhodes@uvac.ac.uk