All contracts, regardless of their value, should be subject to your institution’s standard Terms and Conditions of Contract when using your tender documents. These should be available from your Procurement Office’s web site.
In some instances, depending on the requirement, it will be necessary to have additional Special Conditions that enhance the standard ones. Where this is the case, it is important to ensure that the special conditions do not conflict with those in the Institution’s Standard Terms and Conditions of Contract.
Guidance should be sought from your Head of Procurement regarding what Terms and Conditions are to be used when undertaking a major procurement exercise.
The terms and conditions within the law section of this website may be useful when reviewing the institutions terms and conditions. There are also sample terms and conditions available in the sample documentation part of this website and template Conditions of Contract are also available from the Chartered Institute of Purchasing and Supply (CIPS).
Its important to note that since the 26 February 2015 the following provisions also apply to terms and conditions:
Termination of Contract Clauses:
All above EU threshold contracts are required to have the specific contract clauses detailed in Regulation 73 that allows the contract to be terminated in certain situations relating to breaches or consequences of the Public Contracts Regulations 2015.
Model contract clauses can be found in A Guide to Standard Terms and Conditions.
Payment of undisputed invoices Clauses:
Contracting authorities in England (excluding maintained schools and academies) shall ensure that every public contract which they award contains suitable provisions to require that undisputed and valid invoices are paid within 30 days and to impose the same requirements on their Contractor in relation to payment to any subcontractors.
More information and model contract clauses can be found in the Cabinet Office Guide to Paying Invoices in 30 days.