NEC3 Term Service Contract Guidance Notes (TSC3-GN)

NEC3 Term Service Contract Guidance Notes (TSC3-GN)
R 649.12
Price with VAT: R 740.00
ISBN: 
9780727759214
ECS Code: 
TSC3-GN
Cover Colour: 
Dusty Pink

Category:

These guidance notes place the NEC3 Term Service Contract into context with the rest of the NEC suite of documents. They then set out the background to the contract, its provisions and guidance on when and how to use it. The procedure for setting up a contract is covered and explanations are given on the meanings of individual clauses. Worked examples are provided of contract data. Finally appendices cover the clause numbering system, sample form of tender, sample form of agreement, use as a subcontract, form of performance bond and price list.
 
The Facilities Management Board of the UK Cabinet Office recognises that the NEC3 Term Services Contracts support good practice in FM Procurement in the public sector. BIFM also supports the NEC3 Term Service Contracts.

The SA National Treasury Standard for Infrastructure Procurement and Delivery Management has, with the exception of the NEC3 Framework Contract (a head contract), endorsed the NEC3 family of contracts for use by organs of state in South Africa to serve their infrastructure needs.

The NEC3 family of contracts support a wide range of procurement strategies which can lead to improved project outcomes and in so doing realise value for money.

 

Chapter 1
• The NEC family of contracts
• ‘A fundamental review’
• The Latham Report
• Increasing use of the NEC contracts
• The NEC family of contracts
• Culture change
• Have the NEC contracts been successful?
 
Chapter 2
• Key principles of NEC contracts
• Flexibility
• Clarity
• Stimulus to good management
 
Chapter 3
• Introduction to the Term Service Contract
• Purpose of the guidance notes
• When should the TSC be used?
• The contract
• Subcontracts
• Clause numbering
• Roles of the parties
      • The Service Manager
      • The Adjudicator
• The contract strategy
• The main Options
• A Priced contract with price list
• C Target contract with price list
• E Cost reimbursable contract
• The secondary Options
• W Dispute resolution
• X1 Price adjustment for inflation
• X2 Changes in the law
• X3 Multiple currencies
• X4 Parent company guarantee
• X12 Partnering
• X13 Performance bond
• X17 Low service damages
• X18 Limitation of liability
• X19 Task Order
• X20 Key Performance Indicators
• Y(UK)1  Project Bank Account
• Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996
• Y(UK)3 The Contracts (Rights of Third Parties) Act 1999
• Z Additional conditions of contract
 
Chapter 4
• Procedure for preparing a Term Service Contract
• Preparing the tender documents
• Contract Data part one
• Service Information
• Contract Data part two
• The Price List
• Inviting tenders
• Preparing a tender
• Assessing tenders
• Creating the contract
 
Chapter 5
• Explanatory notes on the clauses of the Term Service Contract
• 1 General
• 2 The Contractor’s main responsibilities
• 3 Time
• 4 Testing and Defects
• 5 Payment
• 6 Compensation events
• 7 Use of equipment, Plant and Materials
• 8 Risks and insurance
• 9 Termination
• Option W
• W1 Dispute resolution
• W2 Dispute resolution
• Secondary Option clauses
• X1 Price adjustment for inflation
• X2 Changes in the law
• X3 Multiple currencies
• X4 Parent company guarantee
• X12 Partnering
• X13 Performance bond
• X17 Low service damages
• X18 Limitation of liability
• X19 Task Order
• X20 Key Performance Indicators
• Y(UK)1  Project Bank Account
• Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996
• Y(UK)3 The Contracts (Rights of Third Parties) Act 1999
• Z Additional conditions of contract
 
Appendices
• 1 Clause numbering system
• 2 Sample form of tender
• 3 Sample form of agreement
• 4 Use of the TSC as a subcontract
• 5 TSC form of performance bond
• 6 Price List
• 7 Contract Data worked example