14. However, the MOD recognises that this may not always be possible for a number of reasons. In instances where it is not possible to introduce the drafting at Addendum 2 to MOD PAv1 wholesale, MOD PFU recommends that acquisition team members engage with their counterparts in the contractor's9 staff to agree informal Change protocols. These should reflect the original contract provisions but follow the principles set out in Addendum 2 to MOD PAv1 as closely as possible in order to provide more detail where this was originally lacking. These protocols should then form the basis of a new method of working between the parties, to be applied in processing Changes on the Project. This approach of putting in place an informal protocol to compliment existing contractual drafting on Change has already been adopted in a number of cases, such as the Flight Simulators and Synthetic Trainers ("FsAST") acquisition team.
15. If an acquisition team proposes to adopt this latter approach, then it is important to bear in mind the contractual framework within which the parties are operating. For example, if the parties are seeking to amend the actual contractual conditions, then this should be formally documented. This is necessary to avoid disputes and to ensure that agreements reached are legally enforceable. However, this should not preclude informal methods of working from being adopted by the parties, to improve the efficiency of the day-to-day interface between them.
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9 Contractors under PFI contracts generally set up a consortium referred to as a Special Purpose Vehicle (SPV).