If the contractor wants to change the subcontractor for no other reason than ‘national procurement strategy’ can the contractor do so? For example changing the subcontractor that maintains the chillers/ac
You can do this, but it would be by either :
- when the Subcontractor’s subcontract term finishes i.e. the the end of the ‘service period’; or
- via the termination procedures of the contract : this would be expensive as it would be for a reason other than those listed and consequently, the termination payment would include amount A4 which is for “The direct fee percentage applied to … any excess of the total of the Prices at the Contract Date over the Price for Services Provided to Date”
Just to build on Jon’s answer. In general “HOW” the Contractor Provides the Service is entirely up to him, unless the Service Information is prescriptive and states that company x must maintain the chillers. The Contractor also has to comply with the Accepted Plan, so if it says company x will be maintaining the chillers then the plan would need revising if someone else is to be used. The name etc of the proposed subcontractor would also need to be submitted. The revised plan and the name of the proposed subcontractor etc would need submitting to the Service Manager for acceptance, however it’s unlikely that the SM would find a reason to not accept in accordance with the contract. In terms of the subcontract itself, without understanding the subcontract terms and conditions it difficult to advise on what rights either party have.