TAC-1 Supply Chain Contracts

A Provider appointed under the TAC-1 Term Alliance Contract needs a compatible standard form sub-contract to govern the appointment of the Supply Chain members providing any works or services or supplies of goods, materials or equipment to the Provider.
The STPC2005 (2010) Standard Form of Specialist Contract for Term Partnering (STPC2005) was designed for use with the TPC2005 contract on which TAC-1 is based. Until publication of a TAC-1 Supply Chain Contract, STPC2005 can be used with TAC-1.
Providers should take legal advice in order to ensure that a completed STPC2005 contract is consistent with all relevant details included in TAC-1 and is compliant with TAC-1 clause 6.2 . For example, STPC2005 needs amendment as follows in order to be compatible with TAC-1:
1. Deletion in clause 2.1 on page (i) of “TPC2005 (Amended 2008) ACA Standard Form of Contract for Term Partnering” and insertion of “TAC-1 Term Alliance Contract
2. A clause clarifying:
– that in the event of conflict, defined terms in TAC-1 take precedence over corresponding defined terms in STPC2005
– that the following defined terms in STPC2005 correspond to the following defined terms in TAC-1 :
o Client Representative = Alliance Manager
o Partnering Team = Alliance
o Partnering Terms = Contract Terms
o Service Provider = Provider
o Specialist = Supply Chain member
o Specialist Contract = Supply Chain Contract
o Term Partnering Contract = Term Alliance Contract.
3. Amendment of STPC2005 clause 4.1 to refer to the current CDM Regulations, and insertion of “Principal Designer” in place of “CDM Coordinator”
4. Alignment of STPC2005 clause 7 (Prices and Payment) with TAC-1 clause 8 (Payment)
5. An amendment by reference to TAC-1 clause 15.2, required for consistency if a Dispute Board is provided for in the TAC-1 Term Alliance Agreement.
6. An amendment by reference to TAC-1 clause 15.4 and Appendix 4 Part 3, required for consistency if arbitration is provided for in the TAC-1 Term Alliance Agreement.
7. Addition of a clause that reflects the requirements of TAC-1 clause 11 (Intellectual Property Rights)