Terms of Engagement - our core services

Project Information

Please give as much detail as possible during the initial stage, even if its indicative detail relating to budget and timescales etc. 

Because this is an opportunity via the SEC Dynamic Market the tender documents will be issued to the open market as competitive flexible tender opportunity. Expressions of interest aren’t issued.  

Only tenderers who have joined the SEC Dynamic Market will be eligible to submit a bid by the tender deadline. 

NB: If there are any suppliers you want included in this tender opportunity they will need to apply and be included on the Dynamic Market Supplier. 

We will commit to a carrying out a brief overview of the documents prior to issuing tender on the 3rd working day after successful receipt of the above information. We will contact you to outline where there is missing or inconsistent information in order to progress. 

The aim of the brief review is to check for any obvious anomalies.  We will inform you of any corrections you need to make before documents are issued. If you need additional support the rates are in the terms of engagement below. 

Notices required for a call off under a Dynamic Market

Call off's via a Dynamic Market will follow the requirements of PA23 here we cover off what notices are required, and who will publish them. 

1. Pre-market engegment - PME - (UK2) - to advise prospective tenders on how you as the CA will be engageing with the market. If PME isn't carried out reasons need to be stated in the tender notice.
   • SEC will publish this for you
2. Tender notice (UK4) - issued through the Central Digital Platform naming the relevant Dynamic Market inviting tenderers to submit a bid.
   • SEC will publish this for you
3. Contract award notice (UK6) - published after the award design has been made and before the contract is signed. Standstill can apply which will be 8 working days.
   • SEC will publish this for you
4. Contract details notice (UK7) - published after the contrqact has been signed and published within 30 days of signature. The contract will be redacted prior to publishing.
   • SEC will publish this for you
5. Contract Performance Notice (UK9) - published agains key performance indicators or where there are any breaches of contract or if any failures to improve unsatisfactory performance.
   • You as the Contracting Authority need to publish this
6. Contract change notice (UK10) - needs to be issues before changing the contract's value or terms
   • You as the Contracting Authority need to publish this
7. Contract termination notice (UK11) - needs to be published after a contract has ended naturally or if terminated early. This must be published wihin 30 days of the contract ending.
   • You as the Contracting Authority need to publish this
8. Payments Compliance Notice (UK17) - needs to be published to report statistics on how promptly suppliers have been paid. Statistics are for 6 month reporting periods per contracting authority instead of per contract. Must be published within 30 days of the end of the reporting period - 31 March or 30 September.
   • You as the Contracting Authority need to publish this

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Inclusions   

Your scope of works is based upon the following assumptions:

• SEC commit to a brief review of your tender documents within 3 working days of receipt
• If the procurement is abandoned by the client for no fault of SEC, then SEC reserves the right to charge for the costs SEC has incurred or the time spent by SEC using the day rates noted here.

Exclusions  

• Although SEC will provide advice on how to progress your brief, the final decision on any course of action will be for you to make
• It should be noted, you may wish to adapt the framework specification and price model to suit your own purposes as these are generic documents
• SEC is not responsible for the preparation of full technical documents (contract, preliminaries, specification, price models and health and safety related items). If you wish SEC to provide a detailed review of your documents and advise on improvements we will refer you to our Technical team who can provide a fee proposal.  Day rates to apply are referenced below
• You’re responsible for preparing the project timetable and ensuring all parties complete their tasks on time. SEC will ensure that any tasks within their direct responsibility will be completed in line with your timescales when they have been jointly agreed by you and SEC
• SEC can complete JCT contract documents as instructed by you with your specific amendments and completed JCT insertions template. There is no charge for this.  NB - if changes are requested after final review and printed in its final form, any further copies would be chargeable at £150 (including VAT) per copy to cover the cost of purchasing further contracts and re-drafting the document
• Independent legal advice that may be required at various stages is not included
• You are responsible for checking the Cyber Security credentials of suppliers at call off stage
• Daily rates are currently as follows:
  • Trainee Partner - £350 + VAT
  • Partner - £450 + VAT
  • Senior Partner - £550 + VAT
  • Manager - £650 + VAT
  • Head of Service - £750 + VAT
  • Director - £915 + VAT

Levy

• On contract commencement the client shall support SEC by providing the details of the monthly certified payments under the contract. These details shall be provided within 3 days of the certificate, or any other notice for payment, being written
• Once agreed, these terms will remain effective from the date of signature until they are replaced.  Either party may vary or terminate SEC’s authority to act on the client’s behalf at any time without penalty.  Notice of termination must be given in writing. Any work completed from the date of instruction to termination shall be charged for, at SEC’s discretion, using the daily rates noted above, for days expended on this service