8.  The Contract User Guide

It is recommended that there should be a "Contract User Guideor "Drivers Manual" that explains in plain English the provisions of the Contract for the Contract Management Team. If the end-user of the services or goods is a separate organisation from the Contract Management Team, or there is a high turnover of users (e.g. for accommodation projects) it is recommended that a separate "Users Handbookis also produced.

The Contract User Guide should be divided into themes or topics and should not be a clause-by-clause précis of the Contract. The aim should be to provide an explanation to the layman of a particular topic, without undue cross-referencing or any assumed prior knowledge. The Contract User Guide should make use of illustrations and process flow diagrams wherever possible (see Appendix 3 for examples).

Suggested topics or themes are:

•  The Specification of Requirement , Delivery and Performance;

•  Performance Measurement, Monitoring and Compliance Demonstration;

•  The Payment and Performance Mechanism;

•  Risk, Liabilities, Indemnities, Insurance and Remedies;

•  Supervening Events and Step-In;

•  Change and Contract Variation;

•  Data, Records, Information, Reporting and Intellectual Property;

•  The Financial Model and Variation of Price;

•  Value for Money, Benchmarking and Market Testing;

•  Termination Events, Consequences and Compensation;

•  Other Project Documents (e.g. Loan Finance Agreements, Shareholder Agreements, Major Sub-Contracts e.t.c.).

If the Contract requires a high degree of collaborative working between the MOD and the Contractor, and given that the Contract will typically only set out top-level requirements, obligations and the key steps in any process, it is recommended that the Contract User Guide includes (or as a separate document) the details of the joint processes that the MOD and the Contractor will follow to meet their respective obligations. These "Collaborative Working Processes" should be documented in the form of processes flow diagrams, with narrative explanations, that clearly sets out the roles, responsibilities and outputs of each of the MOD and the Contractor (using colour coding or 'swim lanes') in accordance with the obligations and rights set out in the Contract. The collaborative working processes that might be included are processes that relate to:

•  The planning for and utilisation of the Services (including booking and scheduling usage);

•  The planning and management of Change (see also paragraph 10);

•  Pre-Operational Phase delivery and progress monitoring;

•  Operational Phase Performance Measurement, Monitoring and Compliance Demonstration;

The Users Handbook should focus exclusively on the end-user and how they use or operate the services, contribute to its effective performance monitoring, and where they can get help and assistance if anything goes wrong. Ideally this should be prepared and drafted by the Contractor, as the provider of the service, with input and commentary from the MOD.