Steps to Creating a Contract Tender Process (OJEU or Non-OJEU) - - PowerPoint PPT Presentation

Different Types of Contracts

• Goods and Services
• Works
• Minor Works
• TUPE (Transfer and Undertaking of Protection of Employment)
• NIL Cost
• Framework Agreements
• Supply of Goods Act 1982

Steps to Creating a Contract

• Tender Process (OJEU or Non-OJEU)
• Advertised via Tender Portal (i.e. www.mytenders.com)
• Presentation Stage
• Negotiations (if applicable)
• Contract Award
• Standstill Period
• Contract Creation

Example of Our Contracts Our contracts are usually made up of the following details:

• The Agreement
• The Schedules (made up of the following):

Service General Conditions for the Purchase of Services Financial Charges Appendix (A) Tender Specification Appendix (B) Tenderer’s Tendered Response Two copies are produced and signed by both parties

Contract Variation

• Title of Change:

Amendments to the Conditions of Contract dated 1st January 2011 for the Supply of X Services.

• Clause Condition:

Under Change Control Clause 20 to 20.5 of the Conditions

• f Contract, Schedule 3 Key Performance Dates, and

Schedule 4 Financial Charges, the Contract is hereby amended, as follows: Details of the change are made here, i.e. the current service is extended and will run for 6 days per week at the current rate of £50 per day.

• Date of Effect:

Variation of Contract shall take effect from the date of acceptance of this amendment. All other Terms and Conditions of the Contract remain unchanged.

• Confirmation:

Please, confirm your acceptance of this amendment by and agreeing this change. Signed by: Name and position of authorised signatory For and on behalf of: Name of Company/Organisation

Service Level Agreement (SLA)

• Purpose
• Joining Form
• Supporting Suppliers (if applicable)
• Confirmation and Start Date
• Authorised on Behalf of (name of organisation)
• Agreed on Behalf of (name of supplier)
• Action Points (to be delivered by supplier)

Clarification of Service Level Agreement Safeguarding and Compliance (if applicable) Management Information, Performance Reviews and Audits Price List and Charges

• Terms and Conditions of Purchase

Good Contract Practice

• Understanding tendering rules and regulations (including EU

Legislation)

• Understanding the nature of the supplier’s business
• Greater buyer/supplier working relationship
• Fulfilling buyer/supplier needs to ensure best practice
• Review meetings
• Key Performance Indicators (KPI)
• Keeping suppliers aware of any contractual changes (contract

variation)

Bad Contract Practice

• Badly worded contracts
• Misleading contract information
• Contractual changes – no negotiation
• Additional contract clauses – no negotiation
• Removal of clauses – no negotiation
• Affect on the buyer/supplier relationship

Any