Exercise
Exercise 1
Read the facts and use the resources provided to assist you to complete the discussion questions.
Facts
You have received your beautifully prepared contract back from the preferred tendered, ABC Constructions. ABC had their contracts manager review the terms and have sent back substantial amendments to the contract including the following 2 clauses:
Example 1
Discussion Question
In groups, discuss if you would be willing to accept any of these departure from ABC. If so, which ones would you accept. If there are changes you would not accept – why not?
Exercise 2
Facts
As part of their review, ABC’s contracts manager has also made the proposed departure to the contract below.
Discussion Question
What happens if ABC accepts a subcontract tender that does not include a duly executed deed poll?
Exercise 3
Facts
As part of their review, ABC’s contracts manager has also made the proposed departure to the contract below.
Discussion Question
Are we able to negotiate this clause? Will agreeing to this clause impact on the agencymeans, for the purposes of this policy:
• A department or a statutory body as those expressions are defined in the Financial Accountability Act 2009
• An entity declared by regulation to ... or QGP’s ability to effectively implement the Threshold or Mandate?
Exercise 4
Facts
As part of their review, ABC’s contracts manager has also made the proposed departure to the contract below.
Discussion Question
Are we able to negotiate this clause? Will agreeing to this clause impact on the agencymeans, for the purposes of this policy:
• A department or a statutory body as those expressions are defined in the Financial Accountability Act 2009
• An entity declared by regulation to ... or QGP’s ability to effectively implement the Threshold or Mandate? Think specifically about the local benefits test.
Bonus Discussion Question
What reasonable steps could be taken regarding the proposed departures? Do you have the right to refuse to make the changes? Yes, you do. Does not have to be an adversarial confrontation and can re-enforce the importance of compliance on the project to ABC Construction.
