A two-day workshop
This two-day workshop analyses the content and implications of key MoD terms and conditions of contract. The programme explains the principles and terminology of the contractual aspects of defence procurement as well as considering a number of relevant policies and initiatives. The course covers key components, constructs and methodologies associated with any commercial venture entered into with the UK MoD.
Starting at the MoD organisational level, the programme sets the scene by looking at the acquisition process and organisation, detailing the various roles and responsibilities of MoD personnel. It examines in depth the MoD DEFCONs and many narrative terms, setting them in the context of the organisation and its structures. The programme helps participants to gain an understanding of the content and purpose of the range of MoD DEFCONs and narrative conditions commonly used throughout the acquisition lifecycle. It includes a review of Part 2 of the Defence Reform Act 2014 regarding Single Source Pricing, which applies to single source procurement.
The programme ends with a review of the implications for defence acquisition of the procurement reforms introduced under the Procurement Act 2023.
- Understand the MoD acquisition cycle and business case process
- Understand the language used in defence acquisition
- Take a proactive, collaborative, and agile approach to bidding for, and managing contract and commercial relationships with, the MoD
- Appreciate the process the customer has to go through
- Make effective use of the commercial toolkit used by MoD, including guidance and policy for DEFCONs and DEFFORMs
- Effectively manage the process of bidding and contract management with the MoD
Expert trainer
Sharon Croome spent more than 25 years with the Ministry of Defence and various UK-based major contractors before setting up her own consultancy in commercial, procurement and supply chain management. She supports MOD and DE&S clients with procurement strategies, supplier/customer contract drafting and advice, and the design and delivery of commercial professionalisation training.
Session outline
DAY ONE
1. Acquisition organisation
- Key roles and responsibilities of the MoD organisations at the heart of the acquisition process
2. Tendering to MoD
- An appraisal of some of the obligations placed on contractors when they are submitting a proposal to the MoD pre-contract
3. Standardised contracting
- DEFCONS, DEFFORMs and Standard Contracting templates
4. Pricing, profit, post-costing and payment
- The parameters specific to a costing structure and the differences between competitive and non-competitive bidding
- The role of the QMAC, the profit formula, the requirements for equality of information and post-costing
- Different types of pricing and issues surrounding payment
5. Defence Reform Act 2014 – Single Source Contracts Regulations 2014
- Single Source Pricing under Part 2 of the Defence Reform Act 2014
6. Delivery and acceptance
- Specific requirements and the significance and impact of failing to meet them
- Acceptance plans
- Non-performance and the remedies that may be applied by the Customer – breach of contract, liquidated damages and force majeure
DAY TWO
7. Protection of information and IPR
- Contractor’s and MoD’s rights to own and use information
- How to identify background and foreground intellectual property
- Technical information and copyright in documentation and software
- Rights to IPR at the various stages of the bidding and contracting process
8. Legal requirements
- Widening and increasing roles and functions of the Defence Commercial Directorate
- Background to the Defence Reform Act 2014
9. Subcontracting and flowdown
- Understanding the constructs required by the MoD for subcontracting
- Which terms must be flowed down to the subcontractor and which are discretionary
10. Termination
- Termination of a contract for default
- Termination for convenience
- How to optimise the company’s position on termination
11. Warranties and liabilities
- Obligations and liabilities a company might incur and how they might be mitigated
- MoD policy on indemnities and limits of liability
12. Electronic contracting environment
- Electronic forms of contracting
- Progress toward a fully electronic contracting environment
13. Procurement Reform, Defence Transformation and Defence Commercial Directorate
- Widening and increasing roles and functions of the Defence Commercial Directorate
- Background to the Procurement Act 2023 and its impact on defence acquisition
