Step 1

Does the draft contract comply fully with MOD PAv1?

Step 2

If YES then acquisition team to confirm this in writing to the PFU, together with a copy of the latest version of their draft contract and confirmatory statements from the acquisition team's external legal advisers.

Step 3

If NO then does the draft contract vary from MOD PAv1 SoPC 3 required drafting?

Step 4

If YES then move back to Phase 1 derogation process. If NO then does the draft contract comply with SoPC 3 required drafting but vary from MOD PAv1 non-SoPC 3 drafting?

Step 5

If YES then move to Step 6, but no requirement to involve PUK or HMT as all MOD PAv1 drafting has already been approved by PUK and HMT. If NO then no action is required as no derogations from MOD PAv1 are required.

Step 6

The internal MOD process to approve derogations from MOD PAv1 is as follows:

a.  Acquisition team to request the external legal advisers to prepare the "derogations papers" consisting of:

i.  a summary paper providing the background and history of the project for which derogations are being sought;

ii.  a derogations matrix detailing where the drafting in the draft contract is not compliant with MOD PAv1 with a clear project specific reason for the derogation; and

iii.  details of the required timetable.

b.  Acquisition team to contact PFU to set up interface between the acquisition team and external legal advisers and provide documents requested in (a) above, together with the latest version of their draft contract.

Step 7 

PFU review the derogations papers and provide comments to the acquisition team.

Step 8

Acquisition team reviews PFU comments, revises derogations matrix if necessary, continues to negotiate compliance with MOD PAv1 to reduce derogations and seeks PFU endorsement of revised derogations matrix.

Step 9

Once PFU has endorsed finalised derogations matrix then:

a.  PFU sends finalised derogations matrix to relevant MOD department with responsibility for the policy on that particular area (eg DIPR) of the MOD PAv1.

b.  Relevant MOD department reviews derogation and either approves derogation or arranges meeting with acquisition team and PFU to resolve outstanding issues.

c.  Relevant MOD department endorses finalised position relating to derogation and confirms to acquisition team and PFU.