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Annex E
Deployment of Specialist Decontamination Contractors under the GDS Framework
In order to facilitate the prompt development of a contract between the responsible authorities and specialist decontamination suppliers in the event of a CBRN incident, a framework of potential suppliers and a model contract is available as part of the service provided by the Government Decontamination Service ( GDS). It should be noted that use of the GDS supplier framework and model contract is not mandatory and contracts based on other or local agreements can be formed. The essential purpose of the GDS framework is to enhance the UK's capability to recover from a CBRN or major HAZMAT incident. Furthermore, it is a primary objective of the GDS to ensure that responsible authorities have access to this framework not only in response to an incident but also for the purposes of developing plans and exercises.
The work carried out to procure these suppliers was progressed entirely in accordance with EU Procurement Directive and followed the standard path of advert in the Official Journal of the European Union ( OJEU), followed by a Pre-Qualification Questionnaire ( PQQ) with a sift invitation criteria to progress to Invitation to Tender stage. At all times the procurement project team, including staff from the Office of Government Commerce ( OGC), DEFRA and other Government Scientific officials, were scrupulous in selecting potential suppliers who have a verifiable track record and a proven capability within their field of expertise.
It is intended that, utilising the framework, the GDS will assist responsible authorities in selecting the most appropriate supplier(s) for a given task and provides surety in two essential areas:
- confidence, if and when placing an order or negotiating a contract with a framework holder for decontamination work, that their obligations under EU procurement law is fully covered; and
- the scientific, technical and operational aspects of framework holders' capability have been assessed as part of the procurement process, and continue to be reviewed on an ongoing basis by GDS.
Explicit in all of the framework agreements is a "model contract" which relates to and provides a baseline contract for responsible authorities to negotiate and form specific contracts under the framework agreement. A Schedule of Rates, already submitted by the supplier(s), will be available to responsible authorities to assist in this process.
At the outset, a need may exist for one or more supplier to be invited to the site to assess the situation, share available information and give advice on the recovery strategy. The Site Clearance Group, in consultation with the supplier(s), will then develop a Scope of Work and Specification and make recommendations to the Consequence Management SCG on:
- the nature, extent and possible phasing of the work;
- the selection and appointment of a preferred supplier;
- estimated costs; and
- start date and estimated duration of the work.
It should be noted, in cost implication terms, that it is likely that a supplier(s) will expect to be paid by the responsible authority for their involvement and work undertaken in this initial assessment and advisory stage.
Following receipt of a letter of intent, the approved supplier, if invited to do so, will make immediate plans to mobilise and commence work sharing an ethos of partnership and co-operation with the responsible authority. At the earliest possible time, formal contract documents will then be drawn up and signed by the responsible authority (as Employer) and the Supplier.
Example of Generic Model Contract Terms and Conditions
Special Conditions of Contract for Services
1.0 The Services
1.1 The contractor shall provide the Services during the Contract Period in accordance with the Customer's requirements as set out in the Specification and the terms of this Contract. The Customer shall have the power to inspect and examine the performance of the Services at the Customer's Premises at any reasonable time or, provided that the Customer gives reasonable notice to the Contractor, at any other premises where any part of the Service is being performed.
1.2 In providing the Services, the Contractor shall comply with and take into account all applicable laws, enactments, orders, regulations and other similar instruments, the requirements of any court with relevant jurisdiction and any local, national or supranational agency, inspectorate, minister, ministry, official or public or statutory person of the government of the United Kingdom or the European Union.
1.3 If the Customer informs the Contractor that the Customer considers any party of the Services to be inadequate or in any way differing from the Contract, and this is other than as a result of default or negligence on the part of the Customer, the Contractor shall at its own expense re-schedule and perform the work correctly within such reasonable time as may be specified by the Customer.
1.4 Timely provision of the Services shall be of the essence of the Contract, including in relation to commencing the provision of the Services within the time agreed or on a specified date.
1.5 Without prejudice to any other rights and remedies the Customer may have pursuant to the Contract, the Contractor shall reimburse the Customer for all reasonable costs incurred by the Customer which have arisen as a direct consequence of the Contractor's delay in the performance of the Contract which the Contractor had failed to remedy after being given reasonable notice by the Customer.
2.0 Contractor's Status
2.1 In carrying out the Services the Contractor shall be acting as principal and not as the agent, employee or other representative of the Customer.
3.0 Manner of Carrying Out the Service
3.1 The Contractor shall provide all the Equipment necessary for the provision of the Services.
3.2 The contractor shall make no delivery of Equipment nor commence any work on the Customer's Premises without obtaining the Customer's prior Approval.
3.3 All Equipment brought onto the Customer's Premises shall be at the Contractor's own risk and the Contractor shall ensure that all items of Equipment are in a safe, serviceable and clean condition prior to deployment at the Customer's Premises. The Contractor shall ensure that the Customer's Premises are appropriate to contain and operate the Equipment.
3.4 The Contractor shall maintain all items of Equipment within the Customer's Premises in a safe, serviceable and clean condition.
3.5 All Equipment shall be at the risk of the Contractor and the Customer shall have no liability for any loss of or damage to ant Equipment unless the contractor is able to demonstrate that such loss or damage was caused or contributed to by the negligence or default of the Customer.
3.6 The Customer shall have the power at any time during the progress of the Services to order in writing:
- the removal from the Customer's Premises of any Equipment which in the opinion of the Customer is either hazardous, noxious or not in accordance with the Contract; and/or
- the substitution of proper and suitable materials, plant, equipment; and/or
- the removal and proper re-execution, notwithstanding any previous test thereof or interim payment for, any work which, in respect of material or workmanship, is not in the reasonable opinion of the Customer in accordance with the Contract.
3.7 On completion of the Services the Contractor shall remove the Equipment and unused materials and shall clear away from the Customer's Premises all rubbish arising out of the Services, make good any damage caused to the Customer's Premises by the removal of the Equipment and leave the Customer's Premises in a neat and tidy condition.
4.0 Standard of Work
4.1 To the extent that the standard of work has not been specified in the Contract the Contractor shall use the best applicable techniques and standards and execute the Contract with all reasonable care, skill and diligence, and in accordance with good industry practice.
4.2 The Contractor Warrants and represents that all staff assigned to the performance of the Service shall possess and exercise such qualifications, skill and experience as necessary for the proper performance of the Services.
4.3 The signing by the Customer (or his representative) of time sheets or other similar documents shall not be construed as implying the Contractor's compliance with the Contract.
5.0 Remedies in the Event of Inadequate Performance
5.1 In the event that the Customer is of the opinion that there has been a fundamental breach of this Contract by the Contractor, or the Contractor's performance of its duties under the Contract has failed to meet the requirements, then the Customer may, without prejudice to its rights under the Contract, do any of the following:
(a) make such deduction from the payment to be made to the Contractor as the Customer shall reasonably determine to reflect sums paid or sums which would otherwise be payable in respect of such of the Services as the Contractor shall have failed to provide;
(b) without terminating the Contract, itself provide or procure the provision of part of the Services until such time as the Contractor shall have demonstrated to the reasonable satisfaction of the Customer that the Contractor will once more be able to perform such part of the Services in accordance with the Contract.
(c) without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the Contract Price shall be made) and thereafter itself provide or procure a third party to provide such part of the Services; and/or
(d) terminate the whole of the Contract.
5.2 The Customer may charge to the Contractor any cost reasonably incurred by the Customer and any reasonable administration costs in respect of the provision of any part of the Services to the Customer or by a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Contractor for such part of the Services.
5.3 If the Contractor fails to perform any of the Services to the reasonable satisfaction of the Customer and such failure is capable of remedy, then the Customer shall instruct Contractor to perform the work and the Contractor shall at its own cost and expense remedy such failure (and any damage resulting from such failure) within 14 days or such other period of time as the Customer may direct.
5.4 In the event that:
(i) The Contractor fails to comply with Condition 5.3 above; or
(ii) The Contractor persistently fails to comply with Condition 5.3 above, and such failures, taken as a whole, materially and adversely affect the commercial interests of the Customer. The Customer reserves the right to terminate the Contract by notice in writing to the Contractor with immediate effect.
THIS CHAPTER TO BE REVIEWED BY DECEMBER 2009
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