Designing Buildings - User contributions [en]

User:Association of Consultant Architects

2026-03-24T14:35:25Z

Association of Consultant Architects:

The Association of Consultant Architects (ACA) is the national professional body representing architects in private practice – consultant architects – in the UK.

The ACA provides an independent voice and support to architectural practices that promotes high standards in practice. Membership is free and open to registered architects practicing alone or in partnership or as a Director of a company whose business consists wholly or mainly of an architectural practice or an allied field.

The principal purpose of the ACA is to represent and support architects in providing excellence in practice. The Association lobbies and consults with Government and major industry bodies, arranges events and provides additional services in support of this goal.

The ACA promotes the service a consultant architect offers and works to sustain the profession’s reputation and ensure its appropriate place within the building industry, as well as maintaining awareness of its value to clients, domestic and commercial, and the broader community as a whole.

While other benefits are available to members, this collective voice is regarded as the most important function of the ACA and is central to the ethos of the Association.

Benefits of free membership

# The exclusive ACA Newsletter (which has a subscription value of £99 per year)
# Free webinars and discounted tickets to ACA and industry events which cover topics such as building safety, planning and developments within the MHCLG
# Partnerships with organisations which offer Professional Indemnity Insurance, Business Management Services and Research & Development tax relief; our partners offer exclusive discounts to ACA members

[https://acarchitects.co.uk/membership/ https://acarchitects.co.uk/membership/]

# Representation on the Construction Industry Council and other industry bodies
# The ACA offers its members two architectural appointment agreements. The Professional Services Agreement (PSA22) is our refreshed contract for small and domestic works. Our second appointment agreement, the recently published Standard Form of Agreement (SFA24), closely follows its predecessor SFA/2012, which has served both architects and clients well since its inception as SFA/92. The SFA24 is for use with traditional forms of building contracting where the architect can be appointed from pre-commencement to post completion.
# Both Appointment Agreements are available through our 12 month subscription service. And, for increased cost efficiencies and ease, our NEW combination package offers members an unlimited supply of both ACA PSA22 and SFA24 appointment agreements

[https://acarchitects.co.uk/shop/ https://acarchitects.co.uk/shop/]

# ACA members are eligible for 20% discount across our subscriptions and 25% on individual purchases across our architectural appointment agreements

The ACA has also launched the Principal Designer Register which serves as a platform for Architects in private practice to promote their competence to take on the role of Principal Designer for Building Regulations established by the Building Safety Act. Also developed for use in support are industry guidelines, various templates and creative assets:- [https://www.principaldesigner.uk/ https://www.principaldesigner.uk]

User:Association of Consultant Architects

2026-03-18T19:19:25Z

Association of Consultant Architects:

The Association of Consultant Architects (ACA) is the national professional body representing architects in private practice – consultant architects – in the UK.

The ACA provides an independent voice and support to architectural practices that promotes high standards in practice. Membership is free and open to registered architects practicing alone or in partnership or as a Director of a company whose business consists wholly or mainly of an architectural practice or an allied field.

The principal purpose of the ACA is to represent and support architects in providing excellence in practice. The Association lobbies and consults with Government and major industry bodies, arranges events and provides additional services in support of this goal.

The ACA promotes the service a consultant architect offers and works to sustain the profession’s reputation and ensure its appropriate place within the building industry, as well as maintaining awareness of its value to clients, domestic and commercial, and the broader community as a whole.

While other benefits are available to members, this collective voice is regarded as the most important function of the ACA and is central to the ethos of the Association.

Benefits of free membership

# The exclusive ACA Newsletter (which has a subscription value of £99 per year)
# Free webinars and discounted tickets to ACA and industry events which cover topics such as building safety, planning and developments within the MHCLG
# Partnerships with organisations which offer Professional Indemnity Insurance, Business Management Services and Research & Development tax relief; our partners offer exclusive discounts to ACA members<br />
https://acarchitects.co.uk/membership/
# Representation on the Construction Industry Council and other industry bodies
# The ACA offers its members two architectural appointment agreements. The Professional Services Agreement (PSA22) is our refreshed contract for small and domestic works. Our second appointment agreement, the recently published Standard Form of Agreement (SFA24), closely follows its predecessor SFA/2012, which has served both architects and clients well since its inception as SFA/92. The SFA24 is for use with traditional forms of building contracting where the architect can be appointed from pre-commencement to post completion.
# Both Appointment Agreements are available through our 12 month subscription service. And, for increased cost efficiencies and ease, our NEW combination package offers members an unlimited supply of both ACA PSA22 and SFA24 appointment agreements<br />
https://acarchitects.co.uk/shop/
# ACA members are eligible for 20% discount across our subscriptions and 25% on individual purchases across our architectural appointment agreements

The ACA has also launched the Principal Designer Register which serves as a platform for Architects in private practice to promote their competence to take on the role of Principal Designer for Building Regulations established by the Building Safety Act. Also developed for use in support are industry guidelines, various templates and creative assets:- [https://www.principaldesigner.uk/ https://www.principaldesigner.uk]

ACASFA 2012

2017-08-09T14:19:47Z

Association of Consultant Architects:

ACA Standard Form of Agreement for the Appointment of an Architect. ACA SFA 2012

“This update of the popular contract between client and architect meets the need for a fair and balanced Standard Form of Agreement following the demise of SFA/99″ Brian Waters – ACA Immediate Past President

This contract closely follows it’s predecessor SFA/99, which has served both architects and clients well since its inception as SFA/92. It has been updated to include the HGCRA and Bribery Act amendments and is suitable for the full range of comercial and consumer projects and includes model letters for each kind of project to assist architects and their clients to come to a fair agreement on contract terms.

ACA SFA/2012:

# maintains the same balance of rights and responsibilities between architect and client as the previous editions, SFA/99 and ID/05.
# all terms are fully insured by standard professional indemnity insurance policies.
# contains a ‘no set-off’ clause as in SFA/92, SFA/99 and ID/05. (This term is vital for enforcing payment against unreasonable clients.)
# provides for an 8% over base rate charge for unpaid accounts, as set out in legislation (the Late Payment of Commercial Debts Order 2002), just as in SFA/99.
# allows an architect to resign a commission. (This has always been a valuable clause for architects, particularly when an awkward client may make it impractical for the architect to continue, possibly because of a moral issue when it may not be easy to identify a specific breach of contract.)
# includes no provision for a client to require the removal of a member of the architect’s staff (which could include a partner or a director) from a project.
# includes an optional, tear-out form of Collateral Warranty and removeable notes with model letters
# special terms are provided for, as is the opportunity for attachments to provide for additional documents (e.g.brief, survey, etc) to form part of the contract.
# incorporates the RIBA Plan of Work 2007.
# is not gender specific.
# the ACA Form has been amended to cover the new Construction Act and Bribery Act requirements.

[[Category:Projects_and_case_studies]] [[Category:Publications_/_reports]] [[Category:Appointments]] [[Category:Procurement]] [[Category:Products_/_components]] [[Category:Public_procedures]]

ACASFA 2012

2017-08-09T14:19:07Z

Association of Consultant Architects: Created page with "ACA Standard Form of Agreement for the Appointment of an Architect. ACA SFA 2012 “This update of the popular contract between client and architect meets the need for a fair an..."

ACA Standard Form of Agreement for the Appointment of an Architect. ACA SFA 2012

“This update of the popular contract between client and architect meets the need for a fair and balanced Standard Form of Agreement following the demise of SFA/99″ Brian Waters – ACA Immediate Past President

This contract closely follows it’s predecessor SFA/99, which has served both architects and clients well since its inception as SFA/92. It has been updated to include the HGCRA and Bribery Act amendments and is suitable for the full range of comercial and consumer projects and includes model letters for each kind of project to assist architects and their clients to come to a fair agreement on contract terms.

ACA SFA/2012:

# maintains the same balance of rights and responsibilities between architect and client as the previous editions, SFA/99 and ID/05.
# all terms are fully insured by standard professional indemnity insurance policies.
# contains a ‘no set-off’ clause as in SFA/92, SFA/99 and ID/05. (This term is vital for enforcing payment against unreasonable clients.)
# provides for an 8% over base rate charge for unpaid accounts, as set out in legislation (the Late Payment of Commercial Debts Order 2002), just as in SFA/99.
# allows an architect to resign a commission. (This has always been a valuable clause for architects, particularly when an awkward client may make it impractical for the architect to continue, possibly because of a moral issue when it may not be easy to identify a specific breach of contract.)
# includes no provision for a client to require the removal of a member of the architect’s staff (which could include a partner or a director) from a project.
# includes an optional, tear-out form of Collateral Warranty and removeable notes with model letters
# special terms are provided for, as is the opportunity for attachments to provide for additional documents (e.g.
# brief, survey, etc) to form part of the contract.
# incorporates the RIBA Plan of Work 2007.
# is not gender specific.
# the ACA Form has been amended to cover the new Construction Act and Bribery Act requirements.

[[Category:Projects_and_case_studies]] [[Category:Publications_/_reports]] [[Category:Appointments]] [[Category:Procurement]] [[Category:Products_/_components]] [[Category:Public_procedures]]

PPC 2000

2017-08-09T14:15:38Z

Association of Consultant Architects:

[http://www.ppc2000.co.uk/ PPC2000] 'Standard form of contract for project partnering', was the first standard form Project Partnering Contract developed following the government’s Construction Task Force report, Rethinking construction, published in 1998, which suggested that the industry was under-achieving and proposed:

* Integrated project processes.
* Decent and safe working conditions.
* Improved management and supervisory skills.
* Replacing competitive tendering with long-term relationships.
* Public sector bodies should become best practice clients.

Partnering is a broad term used to describe a collaborative management approach that encourages openness and trust between parties to a contract. It is most commonly used on large, long-term or high-risk contracts.

PPC2000 was launched in September 2000 by the chairman of the Construction Task Force, Sir John Egan. It was formulated by the Construction Industry Council (CIC) in collaboration with the Association of Consultant Architects (ACA). It is published by the Association of Consultant Architects, and is a joint venture with the Association of Consulting Engineers (ACE). They also publish TPC 2005, the first standard form Term Partnering Contract launched by Sir Michael Latham, author of the 1994 Latham report. TPC 2005 applies the principles adopted by PPC2000 to term contracts.

PPC2000 pilot schemes were undertaken before its initial implementation, on a range of housing, office and school projects, including refurbishments and new builds in both the public and private sectors. PPC2000 was amended in 2003, 2008 and most recently in 2013.

PPC2000 provides a pathway for the partnering process. It creates a single contractual hub that allows all team members to contract on the same terms. It aligns project management processes, methods and behaviour covering all project stages from design to completion. Trust and cooperation are encouraged and promoted through PPC2000.

Clients, consultants, contractors, and specialists are brought together under a single multi-party contract which eliminates the need for clients to sign different bilateral contracts. A joining agreement is signed by additional team members that join the project, and specialist sub-contractors sign an SPC 2000 agreement. A commencement agreement confirms whether or not the project is ready to proceed on site.

Project progress is monitored and reviewed by a core group which reaches decisions by consensus. Early warning of potential problems can be given to the core group to minimise and avoid disputes.

PPC2000 contracts promote early planning, clear pricing and integrated teamwork to achieve:

* Reduced capital and whole life costs.
* More sustainable solutions.
* Quicker design, supply and construction.
* Fewer defects and better quality.
* Fewer accidents.
* Respect for people.
* More predictable outcomes.
* Higher productivity and profitability.
* Better incentivisation.

= Find out more visit www.ppc2000.co.uk =

=== Related articles on Designing Buildings Wiki ===

* Association of Consultant Architects.
* BS11000.
* Collaborative practices.
* Construction 2025.
* Construction contracts.
* Construction Industry Council.
* Construction Task Force.
* Framework agreement.
* Government Construction Strategy.
* Integrated Project Team.
* Latham Report.
* NEC3.
* Partnering and joint ventures.
* Partnering.
* Procurement route.
* Rethinking Construction 2002: Achievements, Next Steps, Getting Involved.
* Rethinking construction.
* Team management.

[[Category:Projects_and_case_studies]] [[Category:Publications_/_reports]] [[Category:Research_/_Innovation]] [[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]] [[Category:Products_/_components]] [[Category:Public_procedures]]

PPC 2000

2017-08-09T14:15:02Z

Association of Consultant Architects:

[http://www.ppc2000.co.uk/ PPC2000] 'Standard form of contract for project partnering', was the first standard form Project Partnering Contract developed following the government’s Construction Task Force report, Rethinking construction, published in 1998, which suggested that the industry was under-achieving and proposed:

* Integrated project processes.
* Decent and safe working conditions.
* Improved management and supervisory skills.
* Replacing competitive tendering with long-term relationships.
* Public sector bodies should become best practice clients.

Partnering is a broad term used to describe a collaborative management approach that encourages openness and trust between parties to a contract. It is most commonly used on large, long-term or high-risk contracts.

PPC2000 was launched in September 2000 by the chairman of the Construction Task Force, Sir John Egan. It was formulated by the Construction Industry Council (CIC) in collaboration with the Association of Consultant Architects (ACA). It is published by the Association of Consultant Architects, and is a joint venture with the Association of Consulting Engineers (ACE). They also publish TPC 2005, the first standard form Term Partnering Contract launched by Sir Michael Latham, author of the 1994 Latham report. TPC 2005 applies the principles adopted by PPC 2000 to term contracts.

PPC2000 pilot schemes were undertaken before its initial implementation, on a range of housing, office and school projects, including refurbishments and new builds in both the public and private sectors. PPC 2000 was amended in 2003, 2008 and most recently in 2013.

PPC2000 provides a pathway for the partnering process. It creates a single contractual hub that allows all team members to contract on the same terms. It aligns project management processes, methods and behaviour covering all project stages from design to completion. Trust and cooperation are encouraged and promoted through PPC 2000.

Clients, consultants, contractors, and specialists are brought together under a single multi-party contract which eliminates the need for clients to sign different bilateral contracts. A joining agreement is signed by additional team members that join the project, and specialist sub-contractors sign an SPC 2000 agreement. A commencement agreement confirms whether or not the project is ready to proceed on site.

Project progress is monitored and reviewed by a core group which reaches decisions by consensus. Early warning of potential problems can be given to the core group to minimise and avoid disputes.

PPC 2000 contracts promote early planning, clear pricing and integrated teamwork to achieve:

* Reduced capital and whole life costs.
* More sustainable solutions.
* Quicker design, supply and construction.
* Fewer defects and better quality.
* Fewer accidents.
* Respect for people.
* More predictable outcomes.
* Higher productivity and profitability.
* Better incentivisation.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Association of Consultant Architects.
* BS11000.
* Collaborative practices.
* Construction 2025.
* Construction contracts.
* Construction Industry Council.
* Construction Task Force.
* Framework agreement.
* Government Construction Strategy.
* Integrated Project Team.
* Latham Report.
* NEC3.
* Partnering and joint ventures.
* Partnering.
* Procurement route.
* Rethinking Construction 2002: Achievements, Next Steps, Getting Involved.
* Rethinking construction.
* Team management.

[[Category:Projects_and_case_studies]] [[Category:Publications_/_reports]] [[Category:Research_/_Innovation]] [[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]] [[Category:Products_/_components]] [[Category:Public_procedures]]

TAC-1 alliance contract

2017-08-09T14:12:22Z

Association of Consultant Architects: Created page with "What is the TAC-1 Term Alliance Contract? TAC-1 is a versatile standard form term alliance contract which: * enables a client and its team to obtain better results from any ter..."

What is the TAC-1 Term Alliance Contract?

TAC-1 is a versatile standard form term alliance contract which:

* enables a client and its team to obtain better results from any term contract
* helps to integrate a team into an alliance
* helps to obtain improved value through building information modelling
* is designed for use in any sector and in any jurisdiction.

TAC-1 supports and integrates the provision of any type or scale of works and/or services and/or supplies. It is endorsed by the Construction Industry Council and by Constructing Excellence. TAC-1 can be purchased in hard copy or on-line from the Association of Consultant Architects (01959 928412, email: office@acarchitects.co.uk) and in hard copy from bookshops.

TAC-1 sets out:

* the “Alliance Members” including the “Client”, the “Provider”, and an in-house or external “Alliance Manager” with the facility to add “Additional Alliance Members” (clauses 1 and 3 and Appendix 2)
* why the term alliance is being created, stating agreed “Objectives, Success Measures, Targets”and “Incentives” (clause 2 and Schedule 1)
* mobilisation and handover procedures and improved engagement with Stakeholders (clauses 1.11, 5.1 and 14.9)
* a clear “Order Procedure” for simple or complex “Orders”, supported by “Template Order Documents”(clauses 4, 5 and 7, Schedule 4 and Appendix 3)
* what the Alliance Members will do to seek “Improved Value”, working together through “Supply Chain Collaboration” and other agreed “Alliance Activities” in accordance with an agreed “Timetable”(clause 6 and Schedule 2)
* how the Alliance Members will manage risks and avoid disputes using a shared “Risk Register”, “Core Group”governance and “Early Warning” with options for an “Independent Adviser” and alternative dispute resolution (clauses 1, 3.3, 9 and 15 and Schedule 3)
* flexibility to include particular “Legal Requirements” and “Special Terms” required for any sector and in any jurisdiction (clause 13 and Schedule 6)

Background to TAC-1

TAC-1 is based on:

* lessons learned from analysis as to how successful term alliances deliver agreed cost savings and other improved value
* the successful TPC2005 Term Partnering Contact ,which has been used for over 10 years on a wide range of term programmes including planned, cyclical and responsive works and/or services and/or supplies to support housing stock, offices, schools, highways and hotels ([http://ppc2000.co.uk/pdfs/10yearsofPPC.pdf http://ppc2000.co.uk/pdfs/10yearsofPPC.pdf]).
* the FAC-1 Framework alliance Contract ,which prompted a review of TPC2005 in order to seek improvements based on experience.
* Case studies, prototypes and trials plus consultation with over 120 organisations.

Benefits of TAC-1

* Savings and improved value

TAC-1 follows closely the provisions of TPC2005 (see below for details of changes) which has established a strong track record over the last ten years. TAC-1 develops the provisions of TPC2005 that have helped to deliver Improved Value including:

* significant cost savings and greater cost and time certainty
* improved performance and extended warranties
* improved employment and training opportunities
* improved engagement of local and regional Supply Chain members
* improved Client and Stakeholder satisfaction
* new Sustainability initiatives

([http://ppc2000.co.uk/pdfs/10yearsofPPC.pdf http://ppc2000.co.uk/pdfs/10yearsofPPC.pdf] and [https://www.gov.uk/government/publications/procurement-trial-case-study-report-highways-maintenance https://www.gov.uk/government/publications/procurement-trial-case-study-report-highways-maintenance] ).

* Transparency

TAC-1 makes clear the mutual commitments of Alliance Members and states:

* whether or not the Client offers any exclusivity or minimum value of work (clauses 5.6 and 5.7)
* the procedures that lead to award of work (Schedule 4)
* a shared system of open performance measurement and rewards in agreed “Objectives, Success Measures, Targets and Incentives”
* a multi-party structure which reflects the 2015 Infrastructure Client Group Alliancing Code of Practice recommendation that “A horizontal agreement between the respective partners capture(s) the principles within the commercial model, particularly those that jointly incentivise performance and create collaboration.”

* Risk Management

It is critical to create a system for management of risks under a framework contract. The TAC-1 Risk Register in Schedule 3 is kept up to date by the Alliance Manager, for approval by the Core Group of agreed individuals (clause 9.4). The Core Group also acts as a forum through which Alliance Members can raise issues with each other in order to resolve problems before they become disputes (clauses 1.6, 1.7 and 15.1).

In assessing risks it is important for contractors and other providers to understand how Objectives and Success Measures affect the future award of work. TAC-1 provides clarity (in Schedule 1 and clause 14.2) as to which Targetsare so important that a failure to meet them will require urgent action and may ultimately determine whether a term appointment may be terminated. It also includes an Early Warning system (clause 1.8) enabling notification to the Core Group of the reasons behind any issues or obstacles that are encountered.

* Activities to achieve improved value

A major problem arises if a term contract does not create the conditions most likely to achieve the results that the client wants. The failure of a term contract is a client failure too, and re-procurement creates huge costs for the client and the bidders. Therefore, it is worth building into a term contract the commitment of all parties to implement specific activities designed to improve value.

TAC-1 does this by providing for agreed Alliance Activities in order to achieve Improved Value (clause 6), linked to agreed deadlines under the Timetable set out in Schedule 2. These activities include the “Supply Chain Collaboration” system for the joint review and agreed improvement of tier 2/3 supply chain relationships.

Supply Chain Collaboration

TAC-1 describes Supply Chain Collaboration as a system to achieve Improved Value by means of:

* longer term and/or larger scale Supply Chain Contracts
* greater involvement of Supply Chain members in the planning of work
* other improved Supply Chain commitments and working practices.

Surrey County Council used Supply Chain Collaboration under TPC2005 combined with a bespoke alliance agreement (now both included in FAC-1 and TAC-1) to agree 15% post-tender cost savings against previously approved rates with its Provider and Supply Chain members. 3% of these savings were offered by the Provider as a result of new collaborative working methods, and the following 12% savings were offered by tier 2/3 Supply Chain members:

* “Visibility and continuity of pipeline of work through larger scale, longer term work offered to Kier by Surrey and in turn to Marshall Surfacing and Aggregate Industries (5%)
* Advance planning of work on each annual cycle (2%)
* Prompt payment of Marshall Surfacing and Aggregate Industries by Kier (1%)
* Closer involvement in the design and planning of individual tasks within the programme (2%)
* Availability of storage facilities in depots (2%)”.

The Project Horizon term alliance also enabled agreement of other Improved Value comprising:

* “Improved whole life value, including agreement of ten-year warranty for material and pavement design
* Improved quality control through joint risk assessments and integrated team agreement of appropriate surface treatments and monitoring work on site
* Improved apprentice commitments
* Lean programming of individual tasks leading to time savingsInnovation through collaborative working, for example to increase recycling and reduce landfill”([https://www.gov.uk/government/publications/procurement-trial-case-study-report-highways-maintenance https://www.gov.uk/government/publications/procurement-trial-case-study-report-highways-maintenance] ).

Project Horizon is also an alliance case study in the 2015 Infrastructure Client Group “Alliancing Code of Practice”.

Procurement and prices

TAC-1 is compatible with any procurement and pricing model. It supports:

* planned, cyclical and responsive repairs
* any level or combination of contributions from consultants, tier 1 contractors and tier 2/3 sub-contractors/suppliers
* integration of activities under related TAC-1 Term Alliance Contracts
* integration of capital and operational activities.

Term Proposals and Term Prices are submitted by the Provider. Pricing will vary according to the nature of the Term Programme and according to whether the Term Alliance Contract governs the appointment of consultants, tier 1 contractors, tier 2/3 sub-contractors/manufacturers/suppliers.

There is an option for Term Prices to identify Profit and Overheads separate from other costs, and this enables Alliance Members to gain Improved Value from joint Alliance Activities without eroding margins.

Changes from TPC2005 to TAC-1

Many Clients and other Alliance members are familiar with TPC2005 and wish to know the changes introduced through TAC-1 . Improvements in the provisions of TAC-1 compared to TPC2005 include:

* clearer connections between agreed Objectives, Success Measures, Targets and Incentives in TAC-1 Schedule 1
* details of the Order Procedure in TAC-1 Schedule 4 and provision for Template Order Documents in TAC-1 Schedule 5
* details for completion of the Term Brief in Schedule 7 and for completion of the Term Prices and Term Proposals in Schedule 8
* a more detailed Order Form in TAC-1 Appendix 3, offering greater flexibility as to types of Task and Order for which TAC-1 can be used
* updated communications under TAC-1 clause 1.9
* greater focus and a simpler approach in respect of Alliance Activities , particularly Supply Chain Collaboration under TAC-1 clause 6 (in place of the TPC2005 clause 2.2 Processes, clause 5.5 Business Cases, clause 5.6 Specialist tenders and clause 5.7 Volume Supply Agreements)
* provision for Provider cooperation with Users and others undertaking activities on Site under TAC-1 clause 7.8
* option of specific grounds for extension of time/ additional cost under TAC-1 clause 9.6 (of which details can be added in Term Alliance Agreement)
* new Intellectual Property Rights under TAC-1 clause 11
* detail as to confidentiality under TAC-1 clause 13.3 , with the option to amend in the TAC-1 Term Alliance Agreement
* details under TAC-1 clause 14.2 as to procedures/ options following failure to meet agreed Targets plus provision for handover between Providers under clause 14.9
* Dispute Board and Arbitration options under TAC-1 clauses 15.2 and 15.4 (the latter primarily of interest outside the UK).

TAC-1 and the law

TAC-1 is for use in any jurisdiction and does not contain provisions taken from English law.

The payment and adjudication provisions in TAC-1 clause 8 (Payment) and clause 15.3/Appendix 4 Part 2 (Adjudication) are drafted to be compliant with the UK Housing Grants Construction and Regeneration Act 1996 as amended, without specifically referencing any provisions of that Act.

Other specific provisions required for compliance with English law need to be set out in Schedule 6 Part 1 (Legal Requirements). For example, these can include the following provisions taken from TPC2005:

* Cross- reference between TAC-1 clause 3.4.3 and the Transfer of Undertakings (Protection of Employment) Regulations 2006 and any amendments (TPC2005 clause 11.2)
* Cross- reference between TAC-1 clause 8.10 and the Construction (Design and Management) Regulations 2015 and any amendments (TPC2005 clause 4.1)
* Cross- reference between TAC-1 clauses 8.1/8.6 and Value Added Tax (TPC2005 clauses 7.1 and 7.6)
* Cross-reference between TAC-1 clause 8.11 and the Late Payment of Commercial Debts (Interest) Act 1998 and any amendments (TPC2005 clause 7.6)
* Cross- reference between TAC-1 clause 8 and the Finance Act 2004 and any amendments (TPC2005 clause 7.12)
* Cross-reference between TAC-1 clause 14 and breach of the Local Government Act 1972 and any amendments (TPC2005 clause 13.7)

TAC-1 and Building Information Modelling

Successful use of Building Information Modelling (BIM) is closely linked to the interfaces and systems established in the procurement model and contract terms, and some leading BIM projects have used a multi-party term alliance. These are described in the King’s College London research report “Enabling BIM Through Procurement and Contracts”, which can be downloaded at [https://www.kcl.ac.uk/law/research/centres/construction/enabling-bim/ebimtpac-form.aspx https://www.kcl.ac.uk/law/research/centres/construction/enabling-bim/ebimtpac-form.aspx].

For example, the City of London Corporation used TPC2005 in conjunction with BIM to procure the replacement of mechanical and electrical systems at the Central Criminal Court (the “Old Bailey”). BIM was adopted to retrofit digital designs and data that will support the future repair, maintenance and facilities management of the building.

TAC-1 provides the option for BIM to underpin the agreed approaches to design, supply chain engagement, costing, Risk Management and programming. BIM provisions are set out in TAC-1:

* in relation to the Term Programme in the Term Documents
* in relation to each Order in the Template Order Documents.

TAC-1 provides the means to obtain Improved Value through BIM including:

* data transparency and team integration (through the multi-party structure and Schedule 1 Objectives)
* agreed software (in the clause 1.9.3 communication systems and Schedule 5 Template Order Documents)
* integration of documents enabling and supporting BIM (in the Term Documents and Template Order Documents)
* agreed BIM deadlines, gateways and interfaces ( in the Schedule 2 Timetable and the clause 6 Alliance Activities)
* flexibility to agree any combination of BIM contributions (through the multi-party structure and under the clause 1.11 and Appendix 2 Joining Agreements)
* flexibility to bring in BIM contributions from specialist sub-contractors and manufacturers (through clause 6.3 Supply Chain Collaboration and clause 8 Orders)
* direct mutual licences of Intellectual Property Rights (in clause 11)
* integration of BIM management with governance and clash resolution (in the clause 1 Core Group and Early Warningprovisions and the clause 5 Alliance Manager role)
* flexibility to obtain BIM contributions from additional Alliance Members involved in the occupation, operation, repair, alteration and demolition of a completed Project ( under the clause 1.11 and Appendix 2 Joining Agreements and the definition of Operation as a feature of Improved Value )
* potential for the BIM team to learn and improve over the duration of the Term Alliance Contract (under the Schedule 1 Success Measures and Targets).

[[Category:Projects_and_case_studies]] [[Category:Publications_/_reports]] [[Category:Research_/_Innovation]] [[Category:Appointments]] [[Category:Construction_management]] [[Category:Construction_techniques]] [[Category:Contracts_/_payment]] [[Category:Procurement]] [[Category:Public_procedures]]

FAC-1

2017-08-09T14:10:47Z

Association of Consultant Architects: Created page with "What is the FAC-1 Framework Alliance Contract? FAC-1 is a versatile standard form framework alliance contract which : * enables a client and its team to obtain better results f..."

What is the FAC-1 Framework Alliance Contract?

FAC-1 is a versatile standard form framework alliance contract which :

* enables a client and its team to obtain better results from a framework
* helps to integrate a team into an alliance
* helps to obtain improved value through building information modelling
* works in conjunction with any project contract form in any sector and in any jurisdiction.

Good frameworks have used alliancing and related systems to enable major cost savings and other improved economic and social value, but nearly all the best framework contracts have been developed for individual clients and/or projects, and are bespoke and confidential. The FAC-1 Framework Alliance Contract contains processes drawn from a range of successful bespoke frameworks, and combines these with the collaborative features of an alliance contract.

FAC-1 is a new type of contract, mapping the strategy that connects and integrates any number of related two part contracts for works and/or services and/or supplies. It is endorsed by the Construction Industry Council and by Constructing Excellence. FAC-1 can be purchased in hard copy or on-line from the Association of Consultant Architects (01959 928412, email: office@acarchitects.co.uk) and in hard copy from bookshops.

FAC-1 sets out:

* the “Alliance Members” including the “Client”, an in-house or external “Alliance Manager” and any combination of selected consultants/ contractors/ suppliers/ providers, with the facility to add “Additional Alliance Members” (clauses 1 and 3 and Appendix 2)
* why the framework alliance is being created, stating agreed “Objectives, Success Measures, Targets and Incentives” (clause 2 and Schedule 1)
* how work will be awarded to Alliance Members, under a “Direct Award Procedure” and/or “Competitive Award Procedure” and under early standard form “Orders” (clauses 4, 5 and 7, Schedule 4 and Appendix 3)
* flexibility to use FAC-1 with “Template Project Documents” that include any one or more forms of Project Contract(clause 5 and Schedule 5)
* how the Alliance Members agree to seek “Improved Value”, working together through “Supply Chain Collaboration” and other agreed “Alliance Activities” in accordance with an agreed “Timetable”(clause 6 and Schedule 2)
* how the Alliance Members will manage risks and avoid disputes using a shared “Risk Register”, “Core Group”governance, “Early Warning” and options for an “Independent Adviser” and alternative dispute resolution (clauses 1, 9 and 15 and Schedule 3 )
* flexibility to include particular “Legal Requirements” and “Special Terms” required for any sector and in any jurisdiction (clause 13 and Schedule 6)

Background to FAC-1

In 2012 a cross-industry Contract Form Working Party reported to the UK Government that “the general lack of standard-form framework arrangements makes it difficult for clients to procure frameworks on a consistent basis”. From 2013 a series of UK Government “Trial Projects” explored new models of procurement and found that audited savings and improved value were in part attributable to the frameworks and alliances supporting those new models. In 2015 the UK Infrastructure Client Group Alliancing Code of Practice recognised that “A horizontal agreement between the respective partners capture(s) the principles within the commercial model, particularly those that jointly incentivise performance and create collaboration”.

King’s College London Centre of Construction Law has attempted to address these issues when creating a new standard form based on successful prototypes and trials, developing FAC-1 in consultation with 120 organisations.

Benefits of FAC-1

* Savings and improved value in procurement and delivery

FAC-1 should reduce significantly the cost and time spent by clients and bidders in drafting and reading bespoke documents. The FAC-1 provisions follow closely the Ministry of Justice multi-party framework alliances which achieved::

-“Solid governance structure through a Strategic Core Group comprising representatives from the Ministry of Justice and the Alliance suppliers”

-“Standardised suite of processes and contract templates… used to ensure consistency and ease of use”

–“Early engagement of the supply chain… encouraged by the two stage approach

-“Reduced operating costs estimated at £10 million, reduced burden on industry tendering of around £30 million and procurement risk mitigation of about £2 million”.

[http://www.gov.uk/government/publications/government-construction-task-groups www.gov.uk/government/publications/government-construction-task-groups]

FAC-1 is also based on the SCMG £200 million multi-party housing framework alliance which achieved post-tender “savings averaging 14%” plus:

-“Reduced risks, costs savings and time savings through accelerated constructor/supply chain briefing”

-“Subcontractor/supplier innovations in proposed new materials and specifications” and exchange of best practice between specialist competitors”

–“Improved repair and maintenance” and “more sustainable solution”

-“Development of opportunities for local tier 2/3 sub-contractors and suppliers … across 30 different disciplines”

-“Additional employment and skills opportunities”

-Lower bid costs for other Alliance Members, “specifically £719 per million of turnover (under SCMG) as against £4,808 per million of turnover (under the comparable traditional bid)”.

[http://www.gov.uk/government/publications/two-stage-open-book http://www.gov.uk/government/publications/two-stage-open-book]

* Transparency

FAC-1 makes clear the mutual commitments of Alliance Members and:

* states whether or not the Client offers any exclusivity or minimum value of work (clauses 5.6 and 5.7)
* sets out the procedures that lead to award of work (Schedule 4).
* creates a shared system of open performance measurement and rewards in agreed “Objectives, Success Measures, Targets and Incentives”.
* creates a multi-party structure in line with the Infrastructure Client Group Alliancing Code of Practice recommendation of “A horizontal agreement between the respective partners capture(s) the principles within the commercial model, particularly those that jointly incentivise performance and create collaboration.”

* Risk management

It is critical to create a system for management of risks under a framework contract. The FAC-1 Risk Register in Schedule 3 is kept up to date by the Alliance Manager, for approval by the Core Group of agreed individuals (clause 9.4). The Core Group also acts as a forum through which Alliance Members can raise issues with each other in order to resolve problems before they become disputes (clauses 1.6, 1.7 and 15.1).

In assessing risks it is important for contractors and other providers to understand how Objectives and Success Measures affect the future award of work. FAC-1 provides clarity (in Schedule 1 and clause 14.2) as to which Targets are so important that a failure to meet them will require urgent action and may ultimately determine whether a framework appointment may be terminated. It also includes an Early Warning system (clause 1.8) enabling notification to the Core Group of the reasons behind any issues or obstacles that are encountered.

* Activities to achieve improved value

A major problem arises if a framework contract does not create the conditions most likely to achieve the results that the client wants. The failure of a framework is a client failure too, and re-procurement creates huge costs for the client and the bidders. Therefore, it is worth building into a framework contract the commitment of all parties to implement specific activities designed to improve value.

FAC-1 provides for agreed Alliance Activities in order to achieve Improved Value (clause 6), linked to agreed deadlines under the Timetable set out in Schedule 2. These activities include the “Supply Chain Collaboration” system for the joint review and agreed improvement of tier 2/3 supply chain relationships.

Using FAC-1 with other standard forms

Clients and their teams use different standard form Project Contracts, whether for reasons of familiarity or the type and size of each Project. FAC-1 recognises that Improved Value and improved working practices can be created at a strategic level using systems that precede and sit alongside the award of these Project Contracts.

FAC-1 is designed for use with any one or more Project Contract forms and,for example, is compatible for use with all and any combination of the following standard forms :

* any of the FIDIC/ICC/JCT/NEC/PPC contract forms, sub-contracts and term contracts
* any of the ACA/ACE/CIC/FIDIC/JCT/NEC/RIBA/RICS consultant appointments

Supply Chain Collaboration

FAC-1 incorporates Supply Chain Collaboration , a system which has been proven to deliver improved value , for example, for the Surrey County Council. On Surrey’s highways Trial Project contractual systems equivalent to those in FAC-1 enabled and supported the development of improved tier 1/2/3 Supply Chain relationships leading to:

* agreement by Alliance Members of 15% post-tender cost savings
* “Improved whole life value, including agreement of a ten year warranty for material and pavement design”
* “Improved quality control through joint risk assessments and integrated team agreement of appropriate surface treatments and monitoring work on site”
* “Improved apprentice commitments”
* “Lean programming of individual tasks leading to time savings”
* “Innovation through collaborative working, for example to increase recycling and reduce landfill”.[https://www.gov.uk/government/publications/two-stage-open-book https://www.gov.uk/government/publications/two-stage-open-book].

The first user of the published FAC-1 form was Futures Housing Group who used the contract to appoint and integrate a total of 23 contractors. They report that “every contractor has welcomed the new Framework Alliance Contract, its plain language and sequential approach to each stage making it easy to understand”. Futures also report that procurement under FAC-1 has achieved cost savings of 10% against their previous framework.

Project procurement and prices

FAC-1 is compatible with any Project procurement model under its Direct Award Procedure and Competitive AwardProcedure. For example, it can support:

* traditional or design and build or construction management, with any level or combination of contributions from design consultants, tier 1 contractors and tier 2/3 sub-contractors/suppliers
* integration of activities under related Project Contracts
* integration of the capital and operational phases of each Project.

For early involvement of tier 1 contractors and tier 2/3 sub-contractors and suppliers, FAC-1 draws on evidence obtained from the UK Government Trial Projects using “Two Stage Open Book”, “Cost Led Procurement” and “Integrated Project Insurance” procurement and delivery processes.

Limited early involvement on a Project can also be achieved under FAC-1 by issue of Orders in respect of Pre-Contract Activities (clause 7 and Appendix 3). Orders need to be integrated with the terms of the relevant Project Contracts .

Framework Proposals and Framework Prices are submitted by Alliance Members and are confidential as between the Client, the Alliance Manager and each other Alliance Member. They will vary according to whether the Framework Alliance Contract governs the appointment of consultants, tier 1 contractors, tier 2/3 sub-contractors/manufacturers/suppliers or a combination of different roles and disciplines.

There is an option for Framework Prices to identify Profit and Overheads separate from other costs, and this enables Alliance Members to gain Improved Value from Supply Chain Collaboration and other joint Alliance Activities without eroding margins (clause 4.3). There is also provision in FAC-1 for agreed payment in respect of Pre-Contract Activities and Alliance Activities (clause 8).

FAC-1 and Building Information Modelling

Successful use of Building Information Modelling (BIM) is closely linked to the interfaces and systems established in the procurement model and contract terms, and some leading BIM trial projects have used a multi-party framework alliance. See also the section of this website “FAC-1 and BIM”.

These links and their impact are described in the King’s College London research report “Enabling BIM Through Procurement and Contracts”, which can be downloaded at [https://www.kcl.ac.uk/law/research/centres/construction/enabling-bim/ebimtpac-form.aspx https://www.kcl.ac.uk/law/research/centres/construction/enabling-bim/ebimtpac-form.aspx] .

FAC-1 provides the option for BIM to underpin the agreed approaches to design, supply chain engagement, costing, Risk Management and programming. FAC-1 provisions for BIM are set out:

* in relation to the Framework Programme in the Framework Documents
* in relation to each Project in the Template Project Documents.

FAC-1 provides the means to obtain Improved Value through BIM including:

* data transparency and team integration though direct relationships (under the multi-party structure and Schedule 1 Objectives)
* agreed software and clarity as to reliance on data (in the clause 1.9.3 communication systems and Schedule 5 Template Project Documents)
* integration of documents enabling and supporting BIM (in the Framework Documents and Template Project Documents)
* mutual reliance on agreed BIM deadlines, gateways and interfaces ( in the Schedule 2 Timetable and the clause 6 Alliance Activities)
* flexibility to agree any combination of BIM contributions (through the multi-party structure and under the clause 1.11 and Appendix 2 Joining Agreements)
* flexibility to bring in BIM contributions from specialist sub-contractors and manufacturers (through clause 6.3 Supply Chain Collaboration and clause 7 Orders)
* direct mutual licences of Intellectual Property Rights (in clause 11)
* integration of BIM management with governance and clash resolution (in the clause 1 Core Group and Early Warningprovisions and the clause 5 Alliance Manager role)
* flexibility to obtain BIM contributions from additional Alliance Members involved in the occupation, operation, repair, alteration and demolition of a completed Project ( under the clause 1.11 and Appendix 2 Joining Agreements and the definition of Operation as a feature of Improved Value )
* potential for the BIM team to learn and improve from Project to Project (under the Schedule 1 Success Measures andTargets and under the clause 5 and Schedule 4 Direct Award Procedure and Competitive Award Procedure).

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