Emergency planning college- future services

Contracts

• Contract 002561-2025-2887470\5-1 · Serco Limited

  Signed

  15 Apr 2010

  Value

  £92,420,000

  Status

  active

  • Change Extending the Term of the Agreement: The parties have agreed to extend the term of the Agreement for an additional three years from the current expiry date of 14 April 2025, such that the new expiry date will be 14 April 2028. Intellectual Property Rights in Training Materials: The Deed of Variation updates the definition of "Project Materials" so that it now covers all materials, written, digital or otherwise, which are produced or created in connection with the Training Services. Constraints on service provision: The Deed of Variation updates the definition of "Constraints" to clarify that the Contractor must provide the services from within the geographical area of the United Kingdom, other than where they are requested by the Authority or any third-party client to provide training in any other location outside of the United Kingdom. Exit and transition arrangements: The Deed of Variation includes a new obligation on the parties to discuss and agree an exit plan, which details the orderly and effective migration of the service provision from the Contractor to another service provider. Intellectual property upon termination: The Deed of Variation inserts a new obligation on the Contractor to return, prior to termination, all Project Materials, any intellectual property which the Contractor has developed for the Authority, and any other intellectual property belonging to the Authority which is in the Contractor's possession. Return of data upon termination: The Deed of Variation inserts a new obligation on the Contractor to return, prior to termination, all information, records and data in the Contractor's possession which relate to the Services or the Agreement, with the exception of any information which the parties agree during the exit planning phase is not to be returned to the Authority upon termination. Provision of TUPE data for retendering: The Deed of Variation extends the time period during which the Contractor must provide the relevant TUPE data for the purposes of retendering the services. Final Survey, Maintenance Obligations and Asset Renewal: The Contractor's obligations are aligned to the final survey for the period of the extension. Data Protection: The Deed of Variation deletes the existing data protection provisions and associated definitions, and inserts the standard data protection provisions contained within the UK Government's Model Services Contract., Need for additional works, services or supplies by the original contractor/concessionaire: Regulation 72(1)(b): Additional services Additional works, services or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor - (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement, and (ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority, provided that any increase in price does not exceed 50% of the value of the original contract. Regulation 72(1)(e): No substantial modification The proposed modification does not alter the overall nature of the contract. The changes are necessary to address specific issues that have arisen during the contract performance, ensuring that the contract continues to meet its intended objectives effectively. The modification does not introduce elements that are substantially different from the original contract scope within the meaning of paragraph (8), thus maintaining the fundamental character of the initial agreement.
  • Change Extending the Term of the Agreement: The parties have agreed to extend the term of the Agreement for an additional three years from the current expiry date of 14 April 2025, such that the new expiry date will be 14 April 2028. Intellectual Property Rights in Training Materials: The Deed of Variation updates the definition of "Project Materials" so that it now covers all materials, written, digital or otherwise, which are produced or created in connection with the Training Services. Constraints on service provision: The Deed of Variation updates the definition of "Constraints" to clarify that the Contractor must provide the services from within the geographical area of the United Kingdom, other than where they are requested by the Authority or any third-party client to provide training in any other location outside of the United Kingdom. Exit and transition arrangements: The Deed of Variation includes a new obligation on the parties to discuss and agree an exit plan, which details the orderly and effective migration of the service provision from the Contractor to another service provider. Intellectual property upon termination: The Deed of Variation inserts a new obligation on the Contractor to return, prior to termination, all Project Materials, any intellectual property which the Contractor has developed for the Authority, and any other intellectual property belonging to the Authority which is in the Contractor's possession. Return of data upon termination: The Deed of Variation inserts a new obligation on the Contractor to return, prior to termination, all information, records and data in the Contractor's possession which relate to the Services or the Agreement, with the exception of any information which the parties agree during the exit planning phase is not to be returned to the Authority upon termination. Provision of TUPE data for retendering: The Deed of Variation extends the time period during which the Contractor must provide the relevant TUPE data for the purposes of retendering the services. Final Survey, Maintenance Obligations and Asset Renewal: The Contractor's obligations are aligned to the final survey for the period of the extension. Data Protection: The Deed of Variation deletes the existing data protection provisions and associated definitions, and inserts the standard data protection provisions contained within the UK Government's Model Services Contract., Need for additional works, services or supplies by the original contractor/concessionaire: Regulation 72(1)(b): Additional services Additional works, services or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor - (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement, and (ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority, provided that any increase in price does not exceed 50% of the value of the original contract. Regulation 72(1)(e): No substantial modification The proposed modification does not alter the overall nature of the contract. The changes are necessary to address specific issues that have arisen during the contract performance, ensuring that the contract continues to meet its intended objectives effectively. The modification does not introduce elements that are substantially different from the original contract scope within the meaning of paragraph (8), thus maintaining the fundamental character of the initial agreement.

Dispute resolution & review bodies

• The High Court, Royal Court of JusticeReview body London