National Occupational Standards in
Archaeological Practice

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AB6 Prepare and agree the contract

AB6.2 Prepare contract

Performance Required

This will involve:

1. verifying , with others where appropriate, that the form of contract, clauses and documentation selected are valid, suitable for purpose and the type of procurement proposed
2. making legitimate modifications to standard forms to ensure that the contract is matched to client and project requirements and the proposed form of procurement
3. verifying that particulars and preliminaries incorporate completely the needs of the client, supplier and identified third parties
4. confirming that the contract, clauses, appendices and amendments are complete, legally valid and comply with statutory requirements
5. seeking advice, as appropriate, on modifications and amendments to standard forms and on the implications of drafting non-standard contracts, clauses and documents and clearly explaining the outcome to the client, supplier and identified third parties
6. making checks and obtaining approvals for contract documentation which are necessary and sufficient

Occupational Context

1. Forms of contract (as recommended by):
   • sector bodies
   • professional institutions
   • central and local government and related agencies
2. Type of procurement:
   • competitive tender - limited competition (select list), open competition
   • non-competitive - negotiation, extension of contract
3. Types of Tender
   • fixed price
   • fixed price with contingency provision
   • estimate
   • hourly/day rates

Knowledge Requirements

You need to know about:

Forms of contract

• Principle types and forms of contract relevant to procurement of works, supplies and services (including professional services) in the construction industry
• Characteristics and merits of different forms of contract in the context of different project and client contexts
• Archaeologist's duties and responsibilities in providing advice on contracts
• Sources of expert support and advice on contracts

Contract law

• Principles of contract

Amendments and variations

• Allowable amendments and variations to standard forms of contract within the construction industry

Required Skills

You should demonstrate:

• How to modify the contract to suit the needs of your organisation, the client, supplier and form of procurement
• That the contract, clauses, appendices and amendments are complete, legally valid and comply with statutory requirements

Evidence Required

You should provide evidence that you can prepare a contract

The candidate should be questioned, based upon the documentation provided, to explore how they

• verified that the form of contract, clauses and documentation selected are valid, suitable for purpose and the form of procurement proposed

Evidence Rules

• The candidate should have been involved in the preparation of contracts for at lest 2 substantive activities.

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Today's date: 8/9/2008
This page last updated: 27/7/2007 16:17