Standard Draft Contract (no data processing services)

Standard Draft Form of Contract For Services (For Including With Invitation to Tenders)

Note: There is a separate draft form of contract (and associated guidance) for contracts which involve data processing. See the Related Pages section for this.

Legal Services has produced a standard form of contract for services, which can be used as a draft for new contracts; this is attached and has a number of added benefits, namely:

• potential suppliers will be aware of the Council’s contractual expectations;
• contract documents are required upfront with tenders over £25,000;
• consistency of terms across the Council; and
• quicker turn-around from award of contracts to completion of the final documentation.

The draft requires some details to be inserted before the document is sent out with Invitations to Tender (ITT) and in some places; the information can not be entered until the successful supplier has been selected. The draft will require the following input from service departments. (Before) indicates what information is required before the ITT and (After) indicates after the award:

• Contract title (Before);
• Suppliers name (After);
• Company no. (if relevant) and address (After);
• Details of the procurement exercise undertaken (for e.g. ITT (most likely), use of a Framework (if the framework does not have its own terms and conditions) or Quotes (After);
• Commencement date (if known) (Before);
• Initial Term (Before);
• Option to Extend the Term (Before);
• Dispute Resolution (contractors nominated individual’s details required) (After);
• Insurance cover – currently set at £5 million for both employers and public liability – if higher is required, please amend and consider if professional indemnity is necessary (Before);
• Name and legal status of supplier is required (for correct attestation signing clause) (After);
• Schedule 1 – Services Specification (Before)
  Insert any background information to the contract; and
  List your specification requirements under the objectives heading.
  Appendix 1 – include any professional/technical/qualification/licence requirements; and review whether any amendments are required to the example provided.
  Appendix 2 – use to identify any specific sites across the district which is relevant for the contract.  If not required delete.
• Schedule 2 – this will include the tender submission and any correspondence dealing with clarification and so on (After);
• Schedule 3 – Schedule of Rates will be inserted (After), you can request particular information to be itemised in the invoices (Before).
• Schedule 4:
  Authorised Representatives will be named for both the Council and Supplier (After).
  Key Personnel – will normally be the contract manager for the supplier (After).
  Identify what type of reports you require and the frequency (Before)‍
• Schedule 6: Include the list of commercially sensitive information identified by the Supplier (After).

Note:

1. Legal Services can review the draft contract for you before including within the ITT, but please include the information identified in green.
2. Legal Services will review the draft contract after award, as the Supplier may (via the tender submission) have requested amendments to be made, which will need to be considered.
3. The draft has been produced on the basis that no specific KPIs are required however, if the contract specifically requires this, the appropriate clauses can be inserted.  Please contact Legal Services if this is required.