Webinar - NEC3 TSC (Part 2/6): Roles and responsibilities of the Service Manager and Contractor

The aim of this course is to provide a summary of the main roles and responsibilities of both the Service Manager and Contractor under the NEC3 Term Service Contract (TSC). It will take you through some of the general provisions of the TSC including the role of the Service Manager, an early warning, and also the provisions dealing with the Contractor’s main responsibilities.

After studying this course, you should be able to:

  1. Explain how contract notices and communication work
  2. Know what an early warning is and how to manage them
  3. Describe what the key obligations of the Contractor are
  4. Understand the role and responsibilities of the Service Manager
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clause 24 : how might we properly request to remove people if we consider they are too numerous to do a task within Contractor 's teams ? which procedure do you advise to respect to succeed in ? @Neil_Earnshaw

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Firstly I’d notify an early warning under clause 16.1 which will give you a forum to air your concerns in a risk reduction meeting.

If this doesn’t work and you are still convinced there are too many people you could instruct the removal of people (employees) under clause 24.2.

If it’s an Option A TSC the price for the Task should be decided up front when the Task Order is issued, in which case if the Contractor uses more resource than was priced they won’t get paid any more.

If it’s an Option C or E TSC the Contractor is paid Defined Cost plus Fee so you could decide the cost of the additional people is Disallowed Cost under clause 11.2(6) “resources not used to Provide the Service … or not taken away when the Service Manager requested”.

The part about resources not taken away when requested appears to allow an alternative course of action in Option C or E which is to just request resources are taken away.

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