CONTINGENT LABOUR ONE
GOVERNMENT PROCUREMENT SERVICE: ORDER FORM
AND CALL-OFF FOR SERVICES
REFERENCE NUMBER
RM 960/L1
RESTRICTED – COMMERCIAL
FRAMEWORK SCHEDULE A NEUTRAL VENDOR SERVICE PROVISION
VERSION 5.0 09/12/2013
ORDER FORM AND CALL-OFF TERMS FOR FRAMEWORK CONTRACT
Part 1 - Order Form for Framework Contract
This Order Form is issued subject to the provisions of the framework agreement RM960/L1 entered into
between the Authority and the Service Provider on 12 December 2013 ("Framework Agreement"). The
Service Provider agrees to supply the Services specified below on and subject to the terms of this Contract
and for the avoidance of doubt the Contract consists of the terms set out in this Order Form and the Call-Off
Terms, together with the Schedules thereto.
Date
12/12/2013]
Order Number
HOCSCM7/00016
To be quoted on all
correspondence relating to
this Order
FROM
Customer
The Secretary of State for Defence - "Customer"
Customer's
Address
Defence Business Services Civilian HR Resourcing, # 6025, Oak 0
West, Abbey Wood North, Bristol, BS34 8QW
Invoice Address
DBS Finance, Walker House, Exchange Flags, Liverpool L2 3YL
Tel: 0151 242 2000, Fax: 0151 242 2809
Contact Ref:
Name:
Address:
Phone:
E-mail:
Fax:
DES Comrcl CC-HD-CM
DE&S Commercial Command & Centre,
MOD Abbey Wood, Bristol BS34 8JH
030 679 32076
DE&[email protected]
0117 9132935
TO
Service Provider
Capita Business Services Ltd - "Service Provider"
Service Provider ’s 71 Victoria Street, Westminster, London, SW1H 0XA
Address
Account Manager Name: Ms Kim Dayal
Address: Kings Chase, 107 Kings Street, Maidenhead, Berkshire, SL6
(at
commencement)
1DP
Phone:
E-mail: [email protected]
2
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
1.
TERM
(1.1)
Commencement Date
[13/12/2013]
(1.2)
Expiry Date
1.2.1
The Expiry Date shall be 12/12/2017.
3
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
2.
SERVICES REQUIREMENTS
(2.1)
Services required
The Services to be provided to the Customer by the Service Provider are as detailed at
Schedule 1 and at Annex C to this Order Form
(2.2)
Lots under which the above Services are being supplied:
Lot 1 – Neutral Vendor (Interim Managers & Specialist Contractors)
(2.3)
Standards
The Service Provider shall comply with the provisions of Schedule 10 hereto and those as
set out at Clause 11 to this Order Form.
(2.4)
Security Requirements
The Service Provider shall comply with the provisions of Schedule 4 hereto.
(2.5)
Disaster Recovery and Business Continuity
The Service Provider shall comply with the provisions of Schedule 7 hereto
(2.6)
Disaster
Disaster means the occurrence of one or more events which, either separately or
cumulatively, mean that the Services or a material part thereof will be unavailable for a
period of more than three working days or which is reasonably anticipated will mean that
the Services or a material part thereof will be unavailable for that period.
(2.7)
Staff Vetting Procedures
The Service Provider shall comply with the provisions of Clause 18 of this Contract and
those as set out in Clause 11 of this Order Form.
4
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
3. PERSONNEL
(3.1)
Key Personnel of the Service Provider to be involved in the provision of the
Services as at the Commencement Date [and Deliverables]

Ms Jo Matkin-Framework Director

Ms Michelle Morrish-FMO Head of Operations

Ms Bridget McEwan-Head of Supplier Engagement

Ms Kim Dayal-Head of Client Relations

Mr Andrew Roadknight- Client Relationship Manager
(3.2)
TUPE: Transfer of Employees
The Employment Regulations wording as set out in Part A of Clause 15 shall apply to this
Contract
The Service Provider confirms that Part A applies to the commencement of the provision of
the services as no employee of the Customer, or incumbent supplier will be transferring to
the Service Provider by virtue of the operation of Employment Regulations, therefore the
Services are not deemed to be a “Relevant Transfer”.
(3.3) Sub-Contractors to be involved in the provision of the Services and
Deliverables
Web portal Supplier
4.
PERFORMANCE OF THE SERVICES [AND DELIVERABLES]
(4.1)
Implementation Plan and Milestones (including dates for completion)
1. The Implementation Plan as at the Commencement Date is set out at Annex C,
Appendix 2 to this Order Form, and is an indicative plan of how the parties to the
order form intend to implement the use of the web-portal.
2. If so required by the Customer, the Service Provider shall produce a further version
of the Implementation Plan (based on the plan set our at Annex B to this Order
Form) in such further detail as the Customer may reasonably require. The Service
Provider shall ensure that each version of the Implementation Plan is subject to
Approval. The Service Provider shall ensure that the Implementation Plan is
maintained and updated on a regular basis as may be necessary to reflect the then
current state of the implementation of the Services.
3. The Customer shall have the right to require the Service Provider to include any
reasonable changes or provisions in each version of the Implementation Plan.
4. The Service Provider shall perform its obligations so as to Achieve each Milestone
5
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
by the Milestone Date.
5. Changes to the Milestones shall only be made in accordance with the Variation
Procedure and provided that the Service Provider shall not attempt to postpone any
of the Milestones using the Variation Procedure or otherwise (except in the event of
a Customer’s Default which affects the Service Provider's ability to achieve a
Milestone by the relevant Milestone Date).
(4.2)
Testing
As Set out in Schedule 6, is to be used to test and assure both parties to the order form of
readiness to be able to use the web-portal
(4.3) Service Levels
Set out in Schedule 8, Clause 11.12 and Annex C to the order form hereto.
(4.4)
Critical Service Failure
As set out in the termination provision as outlined in paragraph 5.5 to Schedule 8 hereto.
(4.5)
Performance Monitoring
Performance Monitoring arrangements are set out in set out in the Appendix to Part B of
Schedule 8.
(4.6)
Continuous Improvement, Value for Money and Benchmarking
4.6.1
Further to Schedule 7 of the Framework Agreement, the Service Provider shall
regularly benchmark the Contract Charges and performance of the Services,
against other service providers providing services substantially the same as the
Services during the Contract Period in order to compare the Contract Charges and
level of performance of the Services with charges and services offered by third
parties so as to provide the Customer with information for comparison purposes.
4.6.2
The Customer shall be entitled to use any model to determine the achievement of
value for money and to carry out the benchmarking evaluation referred to in
paragraph 4.6.1 above.
4.6.3
The Customer shall be entitled to disclose the results of any benchmarking of the
Contract Charges and provision of the Services to the Authority and other
Contracting Bodies.
4.6.4
The Service Provider shall use all reasonable endeavours and act in good faith to
supply information required by the Customer in order to undertake the
benchmarking referred to in this paragraph 4.6, such information requirements to be
at the discretion of the Customer.
6
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
5.
CUSTOMER RESPONSIBILITIES
(5.1) Customer's Responsibilities
The Customer agrees that it shall :
(a) inform the Service Provider of any changes to the Customer’s
Organisation which the Customer deems may have a material impact on the
Service Provider’s ability to perform its obligations under the contract
(b) provide the Service Provider with a named point of contact for the
effective day to day and strategic contract management as set out in Annex
C to Appendix 3
(c) ensure that Temporary Worker’s are provided with the appropriate level of
induction training with regards to the site, premises, use of IT equipment,
and health and safety as applicable.
(d) Promote and encourage the use of this Contract internally within the
Customer’s organisation as the single source for Temporary Workers, where
such requirements allow.
(e) Provide qualitative information as captured within the requisition template
(MOD Form 041) for the Assignment requirements to enable effective
sourcing.
(f) Support the Service Provider and provide feedback to CVs, Temporary
Worker Interviews, producing Purchase Orders and payment of invoices via
P2P, as agreed within the User Handbook and associated Processes.
6.
CHARGES AND PAYMENT
(6.1)
Contract Charges
The Contract Charges are detailed in Schedule 2 hereto and at Annex B to this order form
for additional roles applicable under this Contract.
(6.2)
Invoicing and Payment
The requirements for payment and invoicing are set out in Schedule 2 hereto subject to the
following amendments:
The Invoicing and Payment Process deemed to be included in this Contract and agreed
between the Parties is as Annex A to this Order Form.
7. LIABILITY
The total liabilities of the Service Provider and the Customer shall be as set out in Clause
23 of the Contract.
7
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
8.
INSURANCE
(8.1)
Minimum Insurance Period
Six (6) Years following the expiration or earlier termination of the Contract.
(8.2)
To comply with its obligations under Clause 23.3 and as a minimum, where
requested by the Customer in writing the Service Provider shall ensure that:
(i)
professional indemnity insurance is held by the Service Provider and by
any Supplier, agent, Sub-Contractor or consultant involved in the supply of
the Services with a minimum limit of indemnity of xxxxxxxx for each
individual claim or such higher limit as the Customer may reasonably require
(and as required by Law) from time to time;
(ii)
public liability insurance adequate to cover all risks in the performance of
this Contract from time to time with a minimum limit of xxxxxxxx for each
individual claim or such higher limit as the Customer may reasonably require
(and as required by Law) from time to time; and
(iii)
employers' liability insurance with a minimum limit of xxxxxxxxx
or such higher minimum limit as required by Law from time to time.
9. TERMINATION
(9.1) Undisputed Sums Time Period
The Undisputed Sums Time Period shall be 45 calendar days
The termination notice period shall be at least ninety (90) Working Days of the date of the
written notice specified in Clause 24.4.3
(9.2) Termination Without Cause
At three (3) Months in accordance with Clause 24.5
10.
CONFIDENTIAL INFORMATION
The following information shall be deemed Commercially Sensitive Information or
Confidential Information:
Item(s)
Duration of Confidentiality
Information relating to the Service Provider’s
The Service Provider believes
clients, named individuals within Capita and this
information
should
be
named sub-contractors and/or suppliers. This exempt for the life of the
8
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
information is provided in confidence to contract.
enable the Customer to decide whether to
award the contract to the Service Provider. In
the Service Provider’s opinion this information
is exempt information under S41 and S40 (2)
of the FOI Act.
A
detailed
breakdown
of
the
Service The Service Provider believes
Provider’s model, technology, fees, production this
information
should
be
charges, Financial Model (including any text, exempt for the life of the
figures and diagrams) and response provided
contract.
at the tender that are part of the Call Off
Agreement that outline the Service Provider’s
methodologies and processes. The Service
Provider believes that this information is
commercially sensitive and exempt from
disclosure under S43 FOIA as disclosure of
such
pricing
information,
methodologies,
processes and procedures would prejudice
the Service Provider’s commercial interests.
11. ADDITIONAL AND/OR ALTERNATIVE CLAUSES
(11.1) Supplemental requirements in addition to the Call-Off Terms
11. 1 The following specified term at this Clause 11 shall be deemed to apply to this
Contract:
The Parties agree that for the purposes of this Order Form and in applying any 12 week
rights for a Temporary Worker the Service Provider will calculate the Qualifying Period as
12 continuous weeks from the start of the relevant, or similar, role with the Customer (or,
where the Customer is a crown body, another Contracting Body that is a crown body),
regardless of any breaks that would not prevent the Temporary Worker from completing
any breaks that would not prevent the Temporary Worker from completing the Qualifying
Period as defined in Regulation 7(8) of the Agency Worker Regulations.
11.2 ADDITIONAL DEFINITIONS
11.2.1 The following definitions shall be added to the Glossary to the Call Off Terms:
Baseline Personnel Security Standard (BPSS) –
As described and defined within
9
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
Clause 2.3.1.3 in Schedule 1 of the Call Off Contract.
Basic Disclosure (DS) Check – as part of BPSS, an unspent convictions check to be paid
for by the temporary worker and completed prior to CV submission.
Disclosure and Barring Service Check (DB&S) – In addition to BPSS checking. Spend
and unspent Criminal checks on individual requiring access to establishments which are
sponsored or directly benefit the Customer, and to be paid for by the Customer.
Security Cleared (SC) – In addition to DS checking. Required for individuals requiring
access to certain Government establishments, and access to material and information up
to Secret classification level.
Developed Vetting (DV) - In addition to SC checking. Required for individuals requiring
access to certain Government establishments, and access to material and information up
to Top Secret classification level.
Customer’s Authorised Demander – Defence Business Service Manpower Substitution
Team Manager (DBS Civ HR-MST-Mgr) or the Contract Designated Officer (DES Comrcl
CC-Hd-CM)
Nominated Suppliers – Those which the Customer has identified to the Service Provider
as being key suppliers of niche roles and which are most likely (through market knowledge)
to be able to fulfil the Customer’s requirements.
Defence Learning Portal (DLP) – The MOD intranet based platform from which all
mandatory courses for Temporary Workers can be assessed.
DLP License Providee – The supplier (currently British Telecom) who runs the DLP on the
Customer’s behalf and who is contracted with the Customer to provide the administrative
activities surrounding the platform.
DLP License – The permissions and account for an individual Temporary Worker required
for that individual to access the DLP. Each license enables only one individual access.
Temporary Worker’s Line Manager – The person of the Customer’s staff whom has
responsibility for the Temporary Worker at the site of their Assignment. The Line Manager
is responsible for the confirmation of the Temporary Worker’s weekly timesheet and any
other day to day approval as required and dictated by the Line Manager and the specific
assignment.
Temporary Worker’s Cost Centre – The attributable unit or team where the Temporary
Worker is assigned to and where all costs associated with their Assignment should be
directed.
Quality Assurance Representative- means the person named in Box 7 of DEFFORM 111
Unit Identification Number or “UIN”- means the unique number that enables
identification of units, sub-units and organisations
Purchase Order- means the Customer’s form for placing a Purchase Order under the P2P
payment mechanism
Purchase to Payment or “P2P”- means an electronic system used by the Customer to
pay Service Providers undisputed Call Off Contract Charges
10
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
Unique Order Identifiers- shall have the meaning given to it in DEFCON 5J
Contractor- for the purpose of these Additional Clauses and DEFCONs shall mean the
Service Provider and these two terms may be used interchangeably
11.2.2 Further to the Call Off Contract Definitions, for the purposes of this Order Form and
any additional narrative terms contained therein, ‘Sub contractor’ and ‘Supplier’ shall be
interpreted with the following meaning:
Sub contractor – a company or Contractor that is instrumental to delivering the Service
Provider’s direct Services under this Contract.
Supplier - a company or contractor that supports the delivery of Temporary Workers to the
Customer under this Contract.
Note, however this interpretation does not apply to DEFCONs, where both terms may be
used interchangeably. The Customer reserves the right to decide authoritatively in any
such incidence how the interpretation of these definitions should apply within any individual
DEFCON.
11.2.3 DEFCON definitions are shown under DEFCON 501 and apply solely and without
exception to the DEFCONs called up under this Order Form.
11.3 MOD DEFCONS/DEFFORMS/DEFSTANS













DEFCON 5J (Edn 07/08) – Unique Identifiers
DEFCON 129J (Edn 07/08) – The Use of the Electronic Business Delivery Form
DEFCON 501 (Edn 04/04) – Definitions and Interpretation
DEFCON 502 (Edn 06/08) – Specifications
DEFCON 503 (Edn 07/05) – Amendments to Contract
DEFCON 521 (Edn 04/12) – Subcontracting to Supported Businesses
DEFCON 513 (Edn 06/10) – Value Added Tax
DEFCON 522JA (Edn 04/09) – Payment under P2P (two way match)
DEFCON 602B (Edn 12/06) – Quality Assurance (Without Deliverable Quality Plan)
DEFCON 647 (Edn 09/13) - Financial Management Information
DEFFORM 30 (Edn 01/07) – The Electronic Transactions Agreement
DEFFORM 111 (Edn 07/12) – Annex – Addresses and Other Information
AQAP 2120 Edition 3 - NATO Quality Assurance Requirements for Production
11.4 NOMINATED SUPPLIERS
11.4.1 The Customer, through historic category spend and market knowledge, may
suggest to the Service Provider, that they engage with specified named Suppliers
suggested by the Customer, which due to the Customer’s niche requirements, the Service
Provider may utilise to be better able to meet the Customer’s requirements under this
Contract.
11.5 SERVICE PROVIDER’S ADVISEMENT OF MANDATORY TRAINING FOR
TEMPORARY WORKERS
11.5.1 Prior to the Temporary Worker commencing the Assignment the Service Provider is
responsible for confirming to the Temporary Worker’s Hiring Manager whether the
Temporary Worker has completed the mandatory training courses (as listed below) and if
11
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
previously completed, when they were completed. The Temporary Worker’s Hiring
Manager will have final authority to instigate any courses.
11.5.2 MoD Mandatory Training Courses:
(a) Basic Fire Awareness: CSL: BSFM01 ( Renewal Frequency – Every 12 Months)
(b) Business Continuity: CSL: BCSP001 (Renewal Frequency – Every 5 Years)
(c) Counter Fraud & Corruption: CSL: CFCS01 (Renewal Frequency – To be completed
once only, within 3 months of first Assignment)
(d) Display Screen Equipment: DLP: V397 (Renewal Frequency – Every 12 Months)
(e) Equality & Diversity Awareness DLP: VR008N ( Renewal Frequency - To be completed
once only, within 6 months of first Assignment)
(f) Health & Safety Awareness: CSL: HSM12CS (Renewal Frequency - To be completed
once only, within 2 months of first Assignment)
(g) Protecting Information - Level 1: DLP: PIO1CS (Renewal Frequency – Every 12
Months)
11.6 ACCEPTANCE OF RATES
11.6.1 The Target and Maximum rates shall be as set out in the rate cards at Schedule 2 of
the Contract. Each requirement received from the Customer shall be competed within the
Service Provider’s supply chain, to better or match the Target rate for the chosen role
where it already exists in the rate cards. On completion of the competition, no negotiation
on rate of pay shall be accepted by the Customer after this time, unless by prior written
authorisation by the Customer, where the maximum rate would not be exceeded.
11.7 TEMPORARY WORKER CVs
11.7.1 The Service Provider shall provide candidate Temporary Workers’ CV’s with the CV
Template Cover Sheet as at Annex C, Appendix 4 to this Order Form, with all applicable
information required filled in.
11.8 ON-BOARDING OF TEMPORARY WORKERS
11.8.1 On selection of a Temporary Worker, and where specified within the MOD Form
041, the Temporary Worker should advise the Service Provider of their ability to insure
against Public and Professional liabilities for themselves at a limit as required and set by
the Temporary Worker’s Line Manager for the Assignment. In such situations where
sufficient insurance cannot be achieved to satisfy the Assignment’s requirement, the
Temporary Worker On-boarding activity shall cease, and the Service Provider shall
immediately notify the Customer of the failure to comply with the required insurance
provisions. The Customer will then reserve the right to cancel the requirement or select the
reserve candidate.
12
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
11.8.2 The Temporary Worker’s Line Manager will arrange a Site Induction once the
assignment has commenced.
11.9 TEMPORARY WORKERS USAGE OF CUSTOMER OWNED OR LEASED
VEHICLES
11.9.1 Temporary Workers will be required to provide evidence of their own fully
comprehensive insurance policy ensuring that the policy covers the driving of Customer
leased or hire vehicles.
11.10 TEMPORARY WORKERS’ HOURS OF WORK
11.10.1 The standard number of hours per working day for a Temporary Worker shall be 8
hours. In order to attract a full Temporary Worker Day Rate a minimum of 8 hours must be
worked. Any hours worked by the Temporary Workers below 8 hours will attract half of the
Temporary Worker Day Rate only. For the avoidance of doubt, a half day rate shall be 4
hours within a working day.
11.10.2 Temporary Workers will be entitled to a 30 minute unpaid lunch break within a
worked 8 hour day.
11.10.3 Temporary workers will not be entitled to overtime, expenses or any shift
allowances, unless expressly stated as part of a requirement in order to undertake the
assignment or without prior approved by the Customer. No costs for overtime, expenses or
any shift allowances shall be invoiced by the Service Provider until authorised by the
Customer.. The Customer is not liable for any payment to the Temporary Worker if
auditable evidence is not retained.
11.11 ADDITIONAL INTELLECTUAL PROPERTY RIGHTS (IPR) REQUIREMENTS
11.11.1 The IPR provisions at Clauses 19 and 21 of the Call Off Contract are amended as
set out at Clauses 11.17.3 and 11.17.5 below of this Order Form.
11.11.2 The Web Portal Licence agreement and end user certificate have not yet been
agreed by the Customer. The Web Portal Licence agreement and end user certificate, will
be reviewed and signed by the Customer, once the Customer is able to operate the Web
Portal.
11.12 ADDITIONAL SERVICE LEVELS
11.12.1 Further to Schedule 8 of the Call Off contract the following Service Levels shall
also equally apply for the duration of this Contract.
11.12.2 In order to successfully meet and monitor the ability of the Service Provider
achieve the Customer’s requirement under this Contract, the Service Provider shall:
Performance Metric
Min Level
Measure
Building
a
deep Submission of a report on a Demonstrate evidence of
understanding
and quarterly basis
continuous learning and
knowledge of the defence
investigation of the defence
13
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
market
market through quarterly
reporting of the market and
review and inclusion of
relevant new Suppliers as
applicable.
Developing
the
supply 80% fulfilment level to Meeting the Customer’s
chain for this Contract in increase to 95% by end of requirement to provide
order to meet all of the first Contract Year.
Candidates for niche roles
Customer’s requirements
such that the need for the
Exception
Process
is
minimised
and
the
Customer does not need to
go outside of this Contract
to meet it’s requirements.
11.13 SECURITY VETTING OF TEMPORARY WORKERS
11.13.1 In addition to Clause 18.6, the Customer requires all Temporary Worker’s to be
suitably checked as described below:
11.13.2 Scenario 1 – Candidate Temporary Worker has no previous Security Clearance
(a) The Service Provider submits CV to Customer with BPSS declaration completed
and confirming date DS application submitted.
(b) A DS reference is supplied before appointment is confirmed
11.13.3 Scenario 2 – Candidate Temporary Worker has a previous BPSS completed
including DS check
(a) The Service Provider submits CV to Customer with BPSS declaration completed
including the DS reference number providing the candidate Temporary Worker has
worked within a Government Dept. within the last 12 months. If this is not the case,
Scenario 1 will apply.
11.13.4 Scenario 3 – Candidate Temporary Worker has an extant Security Clearance (SC)
in place.
(a) The Service Provider submits CV to Customer with BPSS declaration excluding the
information relating to DS but supplies the following information to enable DBS to
validate the clearance:
i.
ii.
iii.
iv.
What establishment the previous clearance is held against
Last date of employment at previous location
Nationality
Place of Birth
11.13.5 In the event that an extant SC is established there is no need for a DS check
however DBS still expect a BPSS declaration completed.
11.13.6 SC clearances can be transferred to the Customer (MOD) providing that the
candidate Temporary Worker has not had a break of more than 12 months from the
14
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
previous employer who had the requirement for SC.
11.13.7 If a candidate is required to hold a valid Developed Vetting (DV) clearance this will
be specified in the requirement for the assignment; the Service Provider must provide the
details of this clearance and confirmation that the candidate Temporary Worker has signed
the Official Secrets Act (1911-1989).
11.14 EXIT STRATEGY
11.14.1 A draft Exit Management Plan is to be provided by the Service Provider within 3
months of the contract commencement date. Within 1 month of contract commencement
date, the Customer will confirm the required contents to be addressed within the Exit Plan,
however at minimum, this shall include:
(a) Reporting on applicable areas where the Customer’s Intellectual Property Rights
will apply
(b) TUPE Staffing data
(c) Completion of any payment reconciliation
(d) Provide a handover to any new Supplier of a competed Contract which covers the
requirement as currently covered by the Service Provider
(e) Provide learning from experience briefs and tutorials as necessary and applicable
to the Customer’s staff.
(f) Provide all reasonable assistance to the Customer as necessary and as required by
the Terms of this Contract.
11.15 NORTHERN IRELAND PROVISIONS
11.15.1 NORTHERN IRELAND SECURITY
11.15.1.2 The Customer will require the Service Provider and Temporary Workers to
provide the same degree of protection to classified or privacy marked information as
is required when the activity is carried out by the Customer’s own staff. This principle
also extends to personnel and property.
11.15.1.3 The Customer reserves the right to search all members of the Service
Provider’s staff and Temporary Workers as a matter of security, therefore routine
checks and searches are carried out by the Ministry of Defence Police or any other
persons authorised by the Customer and the Service Provider, his employees and
Temporary Workers shall accept the obligation to be stopped and searched and to
have their vehicle examined.
11.15.1.4 Disclosure of Information - the Service Provider and Temporary Workers
shall take every precaution to ensure that information arising from or connected with
the Contract, is divulged only to the minimum number of employees and then only, on
a Need to Know principle, to the extent essential to each person’s action in carrying
out the Contract. No information regarding services being provided under the
Contract, or any of the Customer’s information, facilities or property that the
Temporary Worker may come into contact with during their assignment, may be
photographed, filmed, drawn or sketched without prior permission of the Customer to
whom any press enquiry on such matter should be referred. This Clause should be
reviewed upon the Customer’s ability to access and use the Web Portal.
15
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
11.15.1.5 It shall be the responsibility of the Service Provider to ensure that the
highest standards of privacy and confidentiality are maintained by his staff as
assigned to the Customer, in relation to documents which bear privacy markings,
whether classified or not, with which they are entrusted. The same standards of
privacy and confidentiality shall be applied to information acquired orally.
Unauthorised divulgence of Official Information can damage the reputation of an
individual. The Service Provider shall be aware that the Customer attaches great
importance to the protection of the individual.
11.15.1.6 Other than by the Customer’s Authorised Demander’s specific request, the
Service Provider shall not disclose or allow access to any personal data (as defined
in Section 1(3) of the Data Protection Act 1984) whether provided by the Customer or
acquired by the Service Provider for executing the Contract other than to persons
placed by the Service Provider under a like obligation who is variously employed or
engaged by the Service Provider or any sub-contractor, servant, agent or other
person within the control of the Service Provider concerned with the performance of
the Contract.
11.15.1.7 The Service Provider agrees that he and his sub-contractor(s), servants or
agents or any person in the control of the Service Provider shall store or process the
personal data referred to above in accordance with the data protection principles and
only at sites specifically agreed in writing in advance with the Customer.
11.15.1.8 The Service Provider shall, within one month after the date when personal
data is no longer needed for the purposes of the Contract, certify in writing to the
Customer’s Authorised Demander that the original and all copies of all items of
personal data received from the Customer or acquired by the Service Provider for
executing the Contract have been returned to the Customer or destroyed. The
requirement shall apply to all copies in any form, whether partial or complete. At the
time of receipt by the Service Provider of personal data as contemplated by this
condition, the Customer’s Authorised Demander and the Service Provider shall agree
on the period of retention and manner of disposal.
11.15.1.9 When advertising for Temporary Workers, the Service Provider should not
make any reference in their adverts to the fact that the establishment the Temporary
Worker will be employed at belongs to the Customer.
11.15.1.10 Failure to comply with this condition may constitute a fundamental breach
of Contract.
11.15.1.11 It shall be the responsibility of the Service Provider to ensure that his
employees and Temporary Workers are willing to complete the Official Secrets Act
and Confidentiality Declaration (MoD Form 134) if so required and requested by the
Customer’s Authorised Demander. If the temporary worker does not sign the Official
Secrets Act and Confidentiality Declaration (MoD Form 134) then the Service
Provider shall terminate the assignment.
11.15.2 AUTHORITY FOR ADMISSION TO ESTABLISHMENTS (NORTHERN IRELAND)
11.15.2.1 All staff working for the Service Provider and Temporary Workers assigned
to the Customer will require the Customer’s approval for access to the Site. The
Service Provider shall submit in writing to the Customer for approval, initially and as
16
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
necessary from time to time:
11.15.2.2 a list showing the name and address of everyone whom the Service
Provider wishes to be admitted to the Site and everyone else who is or may be at any
time in any other way involved in the performance of the Contract, the capacity in
which each person is or may be so involved and any other particulars required;
(a) satisfactory evidence as to the identity of each such person;
(b) and any other information about each such person, with supporting
evidence required, including full details of birthplace and parentage of any
such person who is not a citizen of the United Kingdom by birth or born
within the United Kingdom of parents also citizens of the United Kingdom by
birth.
11.15.2.3 Where Temporary Workers are required to have a pass before admission
to the Site, the line manager shall, subject to satisfactory completion of approval
procedures, arrange for passes to be issued.
11.15.2.4 Anyone who cannot produce a proper pass when required to do so by
any appropriate Servant or agent of the Customer, or who contravenes any
conditions on the
basis of which a pass was issued, may be refused admission
to the Site or required to leave it if already there.
11.15.2.5 The Service Provider shall promptly return any pass if at any time the
Customer’s Authorised Demander so requires or if the person for whom it was
issued ceases to be involved in the performance of the Contract. He shall promptly
return all passes on completion of the services or termination of the Contract.
11.15.2.6 If the Customer or the Customer’s Authorised Demander gives the
Service Provider notice that anyone in particular or of a given description is not to
be admitted to the Site, the Service Provider shall take all reasonable steps to
prevent any such person being admitted and to ensure that any such person leaves
the Site if already there, and the Service Provider shall replace any such person
where appropriate.
11.15.2.7 Any passes issued for entry to an Customer Establishment must be
removed from sight on leaving the premises and must not under any circumstances
be displayed outside the Establishment.
11.15.2.8 The Service Provider shall make due allowance for the time needed to
obtain such approvals bearing in mind that approvals obtained from one
Establishment are not necessarily valid for another. Exceptionally, arrangements
may be made to accompany the Service Provider's personnel for short period visits
but this is entirely at the discretion of the Customer.
11.15.2.9 The Service Provider's representatives, when employed within the
boundaries of a Government Establishment, shall comply with such rules,
regulations and requirements (including those relating to security arrangements and
restricted access to aircraft movement areas) as may be in force for the conduct of
personnel at the Establishment. Details of such rules, regulations and requirements
shall be provided, on request, by the line manager.
17
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
11.15.2.10 The decision of the Customer as to whether any person is to be admitted
to an Establishment, and as to whether the Service Provider has furnished the
information or taken the steps required of him under this Condition shall be final and
conclusive.
11.15.3 FAIR EMPLOYMENT (NORTHERN IRELAND)
11.15.3.1 The Service Provider undertakes not to sub-contract the execution of work
or supply of material or services under the Contract to an unqualified person within
the meaning of the Fair Employment and Treatment (Northern Ireland) Order 1998.
11.16 MOD ADDRESSES AND OTHER INFORMATION
A DEFFORM 111 (Edn10/13) containing MOD Addresses & Other Information is held at
Annex C to this Order Form.
11.17 VARIATIONS TO THE CALL OFF TERMS
Amend the table in Annex C - Supplier Fees to Schedule 2 (The Contract Charges and
Payment) as follows;
Delete;
* Extensions to existing requirements (Which require a small amount of administration
effort).
And replace with;
Rate after 6 continuous months of an Assignment irrespective length of original
Assignment or whether 6 continuous months is as a result of an extension(s) (Which
require a small amount of administration effort).
11.7.1.1
Delete - Clause 2.4.4 of Schedule 2 (The Contract Charges and Payment ) as follows:
Pensions Automatic Enrolment – For the first twelve weeks of each Assignment the
Service Provider shall, in accordance with the Pensions Act 2008, be responsible for
paying the employer’s pensions contribution in respect of eligible Temporary Workers.
From the thirteenth week of each Assignment where the Temporary Worker has not opted
out of pensions automatic enrolment the Service Provider shall levy a charge on the
Contracting Body in respect of the employer’s contribution calculated as the appropriate
percentage of the Temporary Worker Day Rate for each day worked under the
Assignment by the Temporary Worker. These charges shall be shown as a separate line
item on each invoice to the Contracting Body.
Replace to read:
Pensions Automatic Enrolment – For the first twelve weeks of each Assignment the
Service Provider shall, in accordance with the Pensions Act 2008, be responsible for
paying the employer’s pensions contribution in respect of eligible Temporary Workers. On
the basis that the Supplier of the Temporary Worker is within their staging date in
accordance with the Pensions Act 2008, then from the thirteenth week of each Assignment
the Service Provider shall levy a charge on the Contracting Body in respect of the
18
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
employer’s contribution calculated as the appropriate percentage of the Temporary Worker
Day Rate for each day worked under the Assignment by any and all eligible Temporary
Worker(s) irrespective whether or not the Temporary Worker has opted out of the pensions
automatic enrolment. The appropriate percentage to be applied shall be 0.45% of the
Temporary Worker Day Rate for each day worked under the Assignment and these
charges shall be shown as a separate line item on each invoice from the Contracting Body.
11.17.2 Amend Clause 24.17 of Call Off Terms as follows:
Delete: ‘The Customer shall at any time be able to terminate an Assignment on a “no fault”
basis subject to a notice period agreed between the Service Provider and the Customer for
the Assignment’.
Replace to read: ‘The Customer shall at any time be able to terminate an Assignment on a
“no-fault” basis subject to the notice period of 10 working days’.
11.17.3 Amend Clause 19.13 of the Call Off Terms as follows:
Delete: ‘The Customer shall notify the Service Provider in writing of the Claim and the
Customer shall not make any admissions which may be prejudicial to the defence or
settlement of the Claim. The Service Provider shall at its own expense conduct all
negotiations and any litigation arising in connection with the Claim provided always that the
Service Provider:’
Replace to read: ‘The Customer shall notify the Service Provider in writing of the Claim
and the Customer shall not make any admissions which may be prejudicial to the defence
or settlement of the Claim. The Service Provider shall, subject to the Customer not being
bound by statute to settle the Claim, at its own expense conduct all negotiations and any
litigation arising in connection with the Claim provided always that the Service Provider:’
11.17.4 Amend Clause 24.17 of Call off Contract as follows:
‘The Customer shall at any time be able to terminate an Assignment on “no fault” basis
subject to the notice period of 10 working days.’
11.17.5 Amend Clause 21.6.9 of the Call Off Contract as follows:
Delete: ‘Nothing in this Clause 21.6 shall prevent either Party from using any techniques,
ideas of Know-How gained during the performance of the Contract in the course of its
normal business to the extent that this use does not result in a disclosure of the other
Party's Confidential Information or an infringement of IPR.”
Replace to read: ‘Nothing in this Clause 21.6 shall prevent either Party from using any
general skill and knowledge gained during the performance of the Contract in the course of
its normal business to the extent that this use does not result in a disclosure of the other
Party's Confidential Information or an infringement of IPR.”
11.18 ALTERNATIVE AND/OR ADDITIONAL CLAUSES (AS SET OUT IN SCHEDULE
11)
11.19 ADD ANNEX A TO THE ORDER FORM – INVOICING AND PAYMENT PROCESS
19
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
11.20 ADD ANNEX B TO THE ORDER FORM – ADDITIONAL TEMPORARY WORKER
DAY RATES
11.21 ADD ANNEX C TO THE ORDER FORM – TEMPORARY STATEMENT OF
REQUIREMENT (SOR) FOR THE PROVISION OF AN INTERIM OFFLINE ORDERING
SYSTEM
No terms stated in Schedule 11 to the Call Off Contract shall apply unless otherwise
agreed by amendment with the Customer.
12. CONFORMED COPY
The Customer does require a conformed copy of this Contract to be produced by the
Service Provider.
13. FORMATION OF CONTRACT
13.1
The Customer shall send this Order Form to the Service Provider requesting
signature in accordance with schedule 5 of the Framework Agreement.
13.2
The Service Provider shall indicate its willingness to enter into a Contract by
returning a signed copy of the Order Form to the Customer in accordance
with schedule 5 of the Framework Agreement.
13.3 The Contract shall be formed when the Service Provider receives the Order
Form counter-signed by the Customer.
20
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
Annex A to the Order Form – Invoicing and Payment Process
1.The following schedule details the financial invoicing and management process which will be used
during the interim off line order process, as specified in Annex C to Schedule 11 (off line order
process).
Summary
2. Subject to Schedule 2, Clause 3.1 of the Call Off Contract, Payment Option 2 will be applicable and
payment will be made to the Service Provider within 10 days.
3. Under this Contract, the P2P and Exostar e-procurement mechanisms will be used to invoice and make
payment:
4. The Customer will provide a Purchase Order Number as proof of their ability to pay the Service Provider for
the supply of each Temporary Worker’s services up to the authorised assignment value in the Work Order.
Without an approved PO, the Service Provider will not approve the contract start, unless agreed in writing by
both Parties.
Approval of timesheets
5. The agreed Financial Management and Invoicing process relies on a number of approval steps by the
Contracting Body and the Service Provider, set out at Table 1. The below table sets out the Approval Group,
Approval Rule, Module, Approval Step No, Approval Level and the name of Approval Role Type.
Table 1
Approval
Approval
Module
Group
Rule
Requirement
As
Approval
Business
emailing the Job Requirement
Case sign-off
Template to the FMO
per
Requirement
Approval
Approval
Step No.*
Level
4
1
Approval Role Type
CB Demand Ordering Cell (by
value
5
2
CBS Framework
Management Office
Work Order or
As
Work
Work
Order/
Business
Work
Order
Revision
Case sign-off
Revision
Approval
value
Order
per
7
1
CBS Framework
Management Office
8
3
CB Demand Ordering Cell
(by addition of the PO and
return of email)
Timesheet
or
As
per
Timesheet
/
10
1
CB Hiring Manager /
Timesheet
Business
Timesheet
Timesheet Authoriser (by
Adjustment
Case sign-off
Adjustment
email to
Approval
value
[email protected])
21
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
6. Subject to the Temporary Worker submitting a timesheet by 5pm of the last day worked of a given week by
the Temporary Worker, it is the responsibility of the Temporary Worker’s Line Manager to approve the hours
worked and any variances each week. Approval of this timesheet allows and gives authority to the Service
Provider to raise an invoice to the Customer for payment.
Payment terms
7. Payment terms for the Customer have been agreed as 10 days for the initial 3 months, as per the
Schedule 2 of the Call Off Contract, producing an NV management charge of
per hour.
8. The Service Provider should notify the Contract Designated Officer as soon as reasonably possible if more
than 5% of payments are not made within 10 days, therefore allowing the Customer opportunity to rectify
such occurrences.
9. Payment terms will be reviewed on a quarterly basis, with the payment terms and NV Management fee
being reduced as appropriate and agreed by both Parties. For clarity no amendment will be made to the mark
up of any incumbent interims contracted at the time of the discount/uplift being applied, only at point of
extension. Such reviews should take place at the joint Quarterly Management Meetings.
10. The Customer shall pay only those duties, taxes and other similar charges that are non-refundable. Nonrefundable duties and taxes and other similar charges are to be paid in the first instance by the Service
Provider but shall be charged to the account of the Customer or his representative to the extent that these are
not already included in the Call Off Contract Charges. The Customer has the right to request further
information on any Call Off Contract Charges in order to satisfy itself that they are a legitimate charge to the
account of the Customer.
11. The Customer shall assist the Service Provider by completing any necessary documentation to enable
recovery of refundable duties, taxes and other similar charges.
12. Valid Invoices shall clearly show the net price for the Goods delivered and precise details of all duties,
taxes and other similar charges.
13. The Service Provider shall advise the Customer of the imposition, or possible imposition of, or increase in,
any duty, tax or other similar charge whenever such information becomes known.
14. Any corrections are done retrospectively in the form of part or full credit where appropriate, as determined
on a case by case basis and where satisfactory to both Parties.
Release of Payment
15. Payment shall be conducted as per the Table 2: Payment and Invoicing Process Breakdown. Temporary
Workers’ hours worked shall be invoiced against the UIN number given on the MOD Form 041 request to
DBS for a Temporary Worker by the Temporary Worker’s Line Manager.
16. Payment will be made through 2 way match using P2P within 10 days of request. Any delay or failure to
respond to a P2P payment request by the Customer shall not relieve the Service Provider of his obligations
under the Call Off Contract.
17. Whilst the Service Provider is not required to send proof of approved timesheet for payment requests, the
Service Provider will be expected to maintain accurate and auditable records at all times. The Customer
reserves the right pertained in Clause 30 of the Call Off Contract to inspect the Service Provider’s records at
it’s discretion.
22
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
18. Further to Schedule 1, Annex 4 of the Call Off Contract, specifically Clause 1 Bullet Point 5, the Service
Provider is required to keep the records with the following level of detail:
 Worker name
 Campaign Number (MoD Reference Number for the assignment)
 Week ending date
 Purchase Order
 Days/hours billed
 Rate per unit of time
 Total charge
 Vat
 Invoice total
19. At all times the Service Provider must be able to fully validate any and all claims for payment and
successful match payment with individual Temporary Workers and with detail as stated above.
20. With reference to Schedule 1, Annex 4 of the Call Off Contract, Clause 1 Bullet Point 5, the Service
Provider will provide monthly summary reports in Microsoft Excel format showing a summary of all Purchase
Orders Paid and Requested with the detail as described above in Paragraph18. This report should be sent to
DES [email protected] on the 15th of every month, showing the retrospective month
21. Relevant Points of Contact in the Customer’s Organisation for Payment and invoicing can be found at
Annex C of this Order Form, Appendix 3: Key Personnel of the Customer.
Table 2: Invoicing and Payment Process Breakdown:
Ref
No
1
2
3
4
5
6
Action
Owner
Completion Time
Notes
Authorisation
to
create
a
P2P
Purchase Order for
individual Temporary
Worker
Creation
and
Confirmation of PO
number to Service
Provider
Customer
–
DBS Manpower
Subs Team
Prior
to
Temporary
Worker beginning an
assignment
Customer
–
DBS Manpower
Subs
P2P
Payment Team
Prior
to
Temporary
Worker beginning an
assignment
Worker
completes
timesheet template,
including any preapproved expenses
and
appropriate
receipts if applicable
Forward completed
time and expense
sheet
to
Line
Manager
Temporary
Worker
To be completed and
submitted
to
Line
Manager by 17:00 Friday
afternoon
Request must contain all relevant details
against the Temporary Worker as
captured in DBS Purchase Order
Request Form with agreed rates and
expected value per week.
PO will contain Lines per week with total
expected value. Note if value requested
exceeds value stated within the PO,
payment will not be able to be processed
as stated below.
Template needs to be saved as blank and
then copied for completion each week by
worker.
Forward authorised
Timesheet
and
expenses
with
receipts if applicable
to Capita Payroll
Web Portal (WP)
download
file
Line Manager
Temporary
Worker
Service
Provider
To be authorised and
forwarded to the Service
Provider’s Email address
([email protected])
by 9;30 Monday morning
To be available for 9.00
Monday AM
Time and Expenses must be authorised,
any discrepancies or issues with the
timesheet must be raised to the DBS
Manpower Substitution Team before
signing off.
Any timesheets received after 9;30 will
be processed the following week
The file will show all expected and
previously non completed timesheets
23
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
RESTRICTED – COMMERCIAL
7
8
9
10
11
12
produced
Enter
data
from
authorised timesheet
to WP downloaded
file
WP
File
to
be
uploaded to WB
FG Updates over
night (Monday)
Exostar
invoice
request to P2P on the
specified
Purchase
Order
P2P
release
of
payment on 2 way
match
Monthly Report of
Purchase Orders as
Service
Provider
To be completed by 12.00
Monday and forwarded to
Capita
Financial
Operations
To be completed by 2.00
Monday
Data will be available for
Pay & Bill on Tuesday AM
As soon as the approved
timesheet is auditable via
FG
Data file to be reconciled and authorised
by Payroll Supervisor / Manager in
Service Provider’s Organisation
Customer
Completion
within
2
working days providing all
details match.
Service
Provider
Completion by the 15th of
each month for the
previous
month’s
activities.
Quantity/Value to match with what has
been approved within set up PO. No
overtime to be included unless authorised
by the DBS Manpower Subs Team
Manager prior to completion of overtime
by the Temporary Worker. No expenses
to be included.
To be sent to Contract Designated
Officer.
Service
Provider
Web Portal
Service
Provider
The file will be pre-authorised in line with
the previous reconciliation
Service Provider to invoice the Customer
via P2P on specified PO number as
communicated in step 2.
ADDITIONAL CHARGES
22. The Parties agree that for the purposes of this Order Form and in applying any 12 week rights for a
Temporary Worker the Service Provider will calculate the Qualifying Period as 12 continuous weeks from the
start of the relevant, or similar, role with the Customer (or, where the Customer is a crown body, another
Contracting Body that is a crown body), regardless of any breaks that would not prevent the Temporary
Worker from completing any breaks that would not prevent the Temporary Worker from completing the
Qualifying Period as defined in Regulation 7(8) of the Agency Worker Regulations. For new requirements,
two work orders will be raised by the Service Provider if the assignment duration exceeds 12 weeks.
23. Pensions Automatic Enrolment – For the first twelve weeks of each Assignment the Service Provider
shall, in accordance with the Pensions Act 2008, be responsible for paying the employer’s pensions
contribution in respect of eligible Temporary Workers. On the basis that the Supplier of the Temporary
Worker is within their staging date in accordance with the Pensions Act 2008, then from the thirteenth week of
each Assignment the Service Provider shall levy a charge on the Contracting Body in respect of the
employer’s contribution calculated as the appropriate percentage of the Temporary Worker Day Rate for each
day worked under the Assignment by any and all eligible Temporary Worker(s) irrespective whether or not the
Temporary Worker has opted out of the pensions automatic enrolment. The appropriate percentage to be
applied shall be 0.45% of the Temporary Worker Day Rate for each day worked under the Assignment and
these charges shall be shown as a separate line item on each invoice from the Contracting Body.
Expenses
24. Temporary workers will not be entitled to overtime or any shift allowances, unless explicitly stipulated as
part of an individual’s requirement in order to undertake the assignment, or without prior approval by the
Customer. No costs for overtime, expenses or any shift allowances shall be invoiced to by the Service
Provider until authorised by the Customer. The Customer is not liable for any payment to the Temporary
Worker if auditable evidence is not retained.
24
RESTRICTED - COMMERCIAL
Final V1.0 dated 12 December 2013
Annex B to the Order Form - Additional Temporary Worker Day Rates
The Rates as stipulated in Schedule 2 of the Call Off Contract as set by the initial Framework Competition, will
be the applicable rates for this Contract with the Customer (Ministry of Defence).
The below additional Job Roles are specific to the Customer’s potential Requirement, based on an 8 hour
working day. These rates are to be utilised in the same manner as those rates in Call Off Schedule 2, and are
subject to the same terms of the Contract.
Neutral Vendor Temporary Worker Rate Card – Additional Information and Communications
Technology
Information and Communications
Technology
Maximum Day Rate for NV Rate Card
Target Rate for NV @ (75%)
Job Title
Infrastructure & Build Manager
Agreed with MA - on hold until post Go
Live
Release Manager
Agreed with MA - on hold until post Go
Live
Technical Support Officer
Agreed with MA - on hold until post Go
Live
Neutral Vendor Temporary Worker Rate Card – Additional Marketing and Communications
Marketing and Communications
Maximum Day Rate for NV Rate
Card
Target Rate for NV @ (75%)
Job Title
Librarian
Agreed with MA - on hold until post
Go Live
Press Officer
Agreed with MA - on hold until post
Go Live
Public Relations Manager/Officer
Agreed with MA - on hold until post
Go Live
Writer
Agreed with MA - on hold until post
Go Live
Neutral Vendor Temporary Worker Rate Card – Additional Niche Roles
Niche Roles
Maximum Day Rate for NV Rate
Card
Target Rate for NV @ (75%)
Job Title
Senior Planning Engineer
Agreed - on hold until post Go Live
Planning Engineer
Agreed - on hold until post Go Live
CONTINGENT LABOUR ONE CALL-OFF AGREEMENT
25
Niche Roles
Maximum Day Rate for NV Rate
Card
Target Rate for NV @ (75%)
Job Title
Planning Officer
Agreed - on hold until post Go Live
Construction Engineer
Agreed - on hold until post Go Live
Civil Engineer
Agreed - on hold until post Go Live
Mechanical/Electrical Engineer
Agreed - on hold until post Go Live
Mapping and Charting Specialist
Agreed - on hold until post Go Live
Forestry Specialist
Agreed - on hold until post Go Live
Environmental Officer/Manager
Agreed - on hold until post Go Live
Valuation Surveyor
Agreed - on hold until post Go Live
Chartered Surveyor
Agreed - on hold until post Go Live
Building Surveyor
Agreed - on hold until post Go Live
Estate Surveyor
Agreed - on hold until post Go Live
Estate Manager
Agreed - on hold until post Go Live
Cost Engineer
Agreed - on hold until post Go Live
Configuration Manager
Agreed - on hold until post Go Live
Systems Engineer
Agreed - on hold until post Go Live
Nuclear Propulsion Specialist
Agreed - on hold until post Go Live
Transport/Movement Manager
Agreed - on hold until post Go Live
Senior Transport/Movement Manager
Agreed - on hold until post Go Live
Engineering Technical Support Officer
Agreed - on hold until post Go Live
Marine Engineer
Agreed - on hold until post Go Live
Senior Marine Engineer
Agreed - on hold until post Go Live
Naval Architecture Structural/Mechanical
Engineer
Avionics Electronics
Combat Systems Engineering
Land and Weapons Systems Engineering
Government Quality Assurance
Nuclear Propulsion Specialist
CONTINGENT LABOUR ONE CALL-OFF AGREEMENT
26
G
Niche Roles
Maximum Day Rate for NV Rate
Card
Target Rate for NV @ (75%)
Nuclear Weapons Specialist
Technical [Trades]
Roles in this area are wide ranging.
- Skill Zone posts undertake hands on
engineering activity on Land,
Sea and Air platforms
- Within project teams these provide technical
advice and support against technical
publications or act as desk officers on specific
platforms or equipment
Weapons, Ordinance and Munitions Expert
Logistics Officer
Integrated Logistics Manager
Aeronautical Engineer / Aeronautical
Structural Engineer
Senior Inventory Manager
Inventory Manager
Additional Charges
The following are applicable as specified by the Customer for a given assignment:
Additional Charge
Payment Terms
Disclosure and Barring Service
Check (DB&S)
One off payment per selected To be agreed between the parties
candidate Temporary Worker, to within two working weeks after
be reviewed annually
contract placement
Pensions Automatic Enrolment
In relation to Clause 2.5.4 of 0.45% of the Temporary Worker’s
Schedule 2 of the Call Off Contract Pay Rate
CONTINGENT LABOUR ONE CALL-OFF AGREEMENT
Agreed value
27
Annex C – Temporary Statement of Requirement (SoR) for the Provision of an Interim Offline Ordering
System
This Process is to be used until the Web Portal E-Procurement system is able to be used by the Customer
(Ministry of Defence).
The Interim process is to be used until the Customer has finalised its security registration process to fully
utilise the Web Portal. In the event that the Customer requires the Interim Period to continue beyond the 31st
March 2014, then the Parties reserves the right review the Interim Process and the Contract, including the
Service Provider’s right, at its sole discretion, to charge for the work entailed in the Interim Process.
1.
Introduction
1.1
The Ministry of Defence (The Customer) is a large employer of Civilians in United Kingdom. These
individuals are engaged in a wide range of roles to support our armed services. The vast majority of these
individuals are engaged on a permanent basis to meet known and planned requirements and outputs.
However, there are times often with minimal notice when new short term requirements arise or permanent
employees are not available. When these circumstances arise there is a need for the Department to employ
assistance externally on a short term basis to cover known shortfalls in our resource capabilities.
1.2
To meet this need the Customer has a requirement to appoint “Interim Professional Grades”
Temporary Workers on a temporary basis. The grades will be as stated in the Charging Structure in Schedule
2 to the Call Off Contract and Annex B to the Order Form.
2.
General Requirements
2.1
Demand/Orders to supply “Temporary Worker” Services will be on an “as required” basis, where the
requirements will fluctuate depending on demand.
2.2
The Contract reflects the range of prices per Job Role and any other variations stipulated. The
Customer will pay the appropriate man-day rates per Job Role as per the agreed pricing schedule.
2.3
The Contract will be managed centrally by a single organisation –Defence Business Services (DBS)
who, along with the Contract Designated Officer, will be the only Authorised Demander against the contract.
Full details of the Customer’s Key Personnel are at Appendix D to this Annex.
3.
Outline process
3.1
The Contract will be advertised and available through the Ministry of Defence’s People Services
Channel (On-line HR services) and any unit (UIN) requiring a Temporary Worker approved Job Role will firstly
gain internal financial approval for the expenditure. Terms of Reference detailing the individual assignment will
be raised and sent to DBS, who will then invite the Service Provider to respond with CVs of suitable
candidates within the agreed contractual Service Level Agreements (SLA) via a single point of entry to the
Service Provider using email. The Customer agrees to use the mutually agreed order form. The Service
Provider will acknowledge the order within two hours of receipt. The Customer accepts that the Service
Provider will wish to qualify every order submitted by contacting the Hiring Manager, identified on the order
form, for the requirement within 24 hours of receipt of order. Once CV’s are received, using the agreed
submission format, they will be forwarded to the Hiring Manager for consideration and, if appropriate an
interview may be required. The Hiring Manager will notify the DBS of their preferred candidate. DBS will
request that the Service Provider confirms the appointment and raises a work order via email for the Customer
to approve. Upon receipt of the work order DBS will review and accept the work offer via email and provide the
Service Provider with an authorised Purchase Order Reference number. The Service Provider will then invoice
using their access to P2P, the SPO. Invoices are then matched electronically and payment is made
automatically.
CONTINGENT LABOUR ONE CALL-OFF AGREEMENT
28
3.2 The Service Provider has agreed, at no cost to the Customer, to input any data pertinent to the request for
services onto the Web Portal. This agreement shall remain extant until 31st March 2014 unless extended by
agreement of the Parties.
4.
Specific Requirements
4.1
The Service Provider will be required to provide CVs of individuals who meet the requirements
specified within the Assignment Terms of Reference including Qualifications, Memberships, Experience and
availability within the required timeframe and specify the man-day rate in each case.
4.2
All Specialist Temporary Workers provided under this contract will have been security cleared to BPSS
level before start date can be agreed. Higher security clearances may be required however these will be dealt
with on an individual basis as described in the Order Form.
4.3 It is a requirement that the Service Provider will via the Supplier brief the selected Temporary Worker
ahead of taking up the assignment.
4.4 This Contract may include the supply of Interim Professional Temporary Workers to Northern Ireland; to
meet this requirement, Temporary Workers will need to comply with Clause 11.15.1.11 of the Order Form.
4.5 All Temporary workers shall comply with the Service Provider’s mandatory compliance requirements as
part of the on-boarding process. Where such requirements cannot be achieved or adhered to the onboarding
process will cease and the Service Provider will immediately inform the Customer of the failure. In such
circumstances the Customer reserves the right to cancel the requirement or proceed with the reserve
candidate where they are still available for hire (clause 11.8.1 of the order form refers).
5.
Performance Metrics During Offline Ordering Process
5.1 The Performance Metrics Specified in Part B to Schedule 8 to the Call off Contract, shall still apply,
save for the following;
5.2
Cycle Times – Requisition to Short List - During Offline Ordering Process
5.2.1 This performance metric measures the efficiency of the Service Provider. The Service provider shall
deliver a minimum acceptable performance level ensuring 99% of all Requisitions achieve a ”Requisition to
Short List” cycle time of not more than x Working Days (1 day to qualify the role, x days for short listed
candidates to be identified).
5.2.2 The cycle time will start once the Customer submits to the Service Provider an accurately completed
order form which Service Provider confirms to contain the appropriate level of detail for distribution to the
supply chain. This may require a qualification call with the Temporary Worker’s Hiring Manager and will be
date stamped by the Service Provider approval/distribution step within the Web Portal showing time and date
sent. The cycle time will stop on receipt of the Short List by the Customer via email (stating time and date sent)
from the Service Provider.
5.3
Cycle Time – Short List to Selection - During Offline Ordering Process
5.3.1 This performance metric measures the efficiency of the Contracting Body. The Customer shall deliver
a minimum acceptable performance level ensuring 99% of all Requisitions achieve a Short List to Selection
cycle time of not more than X Working Days.
5.3.2 The cycle time will start once the Service Provider has sent the Short List to the Customer (by e-mail
showing time and date sent ) and will stop on receipt of the Selection by the Service Provider, (via email,
showing time and date sent from the Customer to the Service Provider). The Customer will make reasonable
efforts to ensure that they select a candidate Temporary Worker in a timely fashion such that the period from
receipt of the Short List from the Service Provider to selection of a Candidate is where possible no more than
X Working Days.
CONTINGENT LABOUR ONE CALL-OFF AGREEMENT
29
5.4
Cycle Time – Selection to Acceptance - During Offline Ordering Process
5.4.1 This performance metric measures the efficiency of the Service Provider. The Service Provider shall
deliver a minimum acceptable performance level ensuring 99% of all Requisitions achieve a Selection to
Acceptance cycle time of not more than 1 Working Day.
5.4.2 The cycle time will start once the Customer has sent the Selection to the Service Provider via e-mail
(showing time and date sent) and will stop on the Customer’s receipt of the Acceptance via email from the
Service Provider.
5.4.3 All other performance metrics, as specified within section 4.3 of the order form remain unchanged.
6.
Period of Interim Offline Ordering Process
6.1
The duration of this Interim Offline Ordering Process will be from 9th December 2013 until 31st March
2014.
7.
Management Information
7.1
Throughout the Interim Offline Ordering Process all Management Information shall still be required to
be submitted in accordance with Annex 4 of Schedule 1 and the Order Form.
CONTINGENT LABOUR ONE CALL-OFF AGREEMENT
30
Annex C, Appendix 1 – End to End Process
DELETED
Annex C, Appendix 1 Process Flow Definitions
DELETED
Annex C, Appendix 2 – Indicative Implementation Plan to Web Portal ‘Online’ Status
DELETED
Annex C, Appendix 3 – Key Personnel of the Customer
Role
Activity Responsible for
Contract Designated Officer
Oversight of Contract progress and
management
Commercial Officer
General commercial activities and contract
queries
Manpower Substitution Team
Manager
Management of the team and throughput of
Temporary Worker requests.
Implementation of any new legislation
requests, authorisation of
extensions/overtime requests and day to
day first contact for the Service Provider’s
Customer Relationship Manager.
Manpower Substitution Team
Processing of Manpower Requests from
Line Managers and advising/liasing with
the Service Provider to produce CVs of
candidates for selection for a given
assignment.
P2P Payment Queries and
Resolution
Investigation and resolution for P2P
Payment Issues
MST P2P Purchase Order and
Payment Requests
Receipt from DBS Manpower Substitution
Team of requests to set up new PO’s for
Temporary Workers and subsequent
implementation.
Email
Actioning of payment requests through P2P
invoicing from the Service Provider on a
weekly basis per Temporary Worker.
Temporary Worker’s Line
Manager
The individual responsible for the
requisition and day to day management of
the Temporary Worker.
The requesting individual as specified
on MOD Form 041, and that as
specified to the Temporary Worker in
the Onboarding pack.
Also responsible for the confirmation of the
weekly sign off of the Temporary Worker’s
Time sheets.
CONTINGENT LABOUR ONE CALL-OFF AGREEMENT
31
Annex C, Appendix 4 – CV Template Cover Sheet and Security Validation Sheet
DELETED
CONTINGENT LABOUR ONE CALL-OFF AGREEMENT
32
BY SIGNING AND RETURNING THIS ORDER FORM THE SERVICE PROVIDER AGREES to enter a
legally binding contract with the Customer to provide the Services. The Parties hereby acknowledge and agree
that they have read the Call-off Terms and the Order Form and by signing below agree to be bound by the
terms of this Contract.
For and on behalf of the Service Provider :
Name and Title
Signature
Date
For and on behalf of the Customer:
Name and Title
DepHd Commercial C&C
Signature
Signed on original
Date
13 December 2013
CONTINGENT LABOUR ONE CALL-OFF AGREEMENT
33