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 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 The role of the Instructions to Tenderers [ITT] in OJEU Articles of Agreement and Definitions Articles of Agreement and Definitions Contract Conditions Contract Conditions Preliminaries and General Matters Preliminaries and General Matters Appendices Appendices Use in Partnering – Pricing and KPI Frameworks Use in Partnering – Pricing and KPI Frameworks The Future - What do we want for Version 6 The Future - What do we want for Version 6

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

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

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

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

Suggested Format for the Future Instructions to Tenderer’s [ITT] Instructions to Tenderer’s [ITT] Articles of Agreement and Recitals Articles of Agreement and Recitals Definitions and Interpretations Definitions and Interpretations Contract Details – Appendix to Articles Contract Details – Appendix to Articles Conditions in ‘stripped down easy read format’ 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 Procedural Preliminaries in ‘stripped down easy read format’ – detailed requirements to be contained in ‘a number of Annexes Model Price and Payment Frameworks 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] 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] KPI and Performance Target Framework [merging KPI Framework and Appendices for Response Priority and Performance Targets]

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