Chapter 7: Services and Service Commencement

STANDARDISATION OF PF2 CONTRACTS PROVISION

SOURCE OF CHANGE WHERE RELEVANT

EXPLANATION OF HOW PROVISION HAS CHANGED THE SoPC4 POSITION

Chapter 7: Services and Service Commencement




Sections 7.1.1 to 7.1.6 (Introduction)

Policy

This chapter is largely new. These sections recognise that soft services will now be excluded from most Contracts and that the Authority may retain (or appoint third parties to carry out) certain minor maintenance activities. Concepts are introduced of Authority Services, minor maintenance services and Elective Services. These Sections recognise (a) that the Authority may itself carry out or appoint a third party to carry out the soft and other services not included in the PF2 Contract and (b) the need to address interface issues.

Section 7.1.7 (Introduction)

Policy

Points to the need for a services output specification, a template for which will be provided in Schedule 3 following consultation..

Clause 7.1.8 (Authority Services)

Policy

Provides suitable drafting for Authority Services and interface measures, including the need for an Interface Protocol.

Section 7.2 (Authority's role -general)

Policy

Explains the need for the Contractor and the Authority Service Provider to liaise in developing an Interface Protocol and stresses the importance of the Handover Date.

Section 7.6 (The Development Period)

Policy

Explains the need for the Authority and/or the Authority Service Provider to work closely with the Contractor during the construction (or development) phase where there are to be Authority Services. Note the need to distinguish between the Handover Date (largely dealing with construction acceptance) and Service Commencement Date.

Section 7.7 (Handover period)

Policy

It is recommended that the Contract provide for a Handover Period between completion of the construction and the start of the services to enable the Authority or Authority Service Provider to mobilise for the provision of the Authority Services.

Section 7.8 (Handover, Commissioning, Mobilisation, Acceptance and Service Commencement).

Policy

Guidance is provided on the way to perform and combine these activities.

Clause 7.8. (Notification of Handover, Services Availability)

Policy

Suitable drafting is inserted to provide for separate deliveries of the Handover Certificate and the Acceptance Certificate and the role here of the Independent Certifier.

Section 7.8.7 (Soft Services Mobilisation)

Policy

Addresses the need for Authority to be on site for soft services mobilisation.

Section 7.9.2 (Existing Services)

Explains that where the Contractor will not be providing soft services TUPE is less likely to arise.

Sections 7.10 to 7.16 (Interface)

Policy

Addresses interface issues arising from soft services and some minor maintenance services being performed by the Authority or its service provider rather than the Contractor. It further specifies that all parties need to cooperate with each other when providing services and, specifically when carrying out rectification works, maintenance and lifecycle works.

Section 7.18 (Annual Contract Reviews)

Policy

Provides for annual contract reviews.

Section 7.19 (Continuous Improvement and Efficiency Reviews)

Policy

Provides for continuous improvement and efficiency reviews.

Section 7.23 (Employment and Skills)

Policy

Addresses the need to comply with Cabinet Office requirements for employment and skills, including suitable drafting.

Clause 7.24 (Equality Requirements)

Market up-date

Suitable drafting is provided to deal with the requirements of Equalities legislation.

Section 7.25 (Control of Sub Contractors and Employees)

This has been taken from Chapter 16 of SoPC 4.

Section 7.26 (Replacement of Sub-Contractors)

Provides guidance (from SoPC 4) on replacement of Sub-Contractors.

Section 7.27 (Control of Sub-Contractors)

Provides guidance (from SoPC 4) on control of Sub-Contractors.