A new set of light touch terms for smaller public sector contracts

The Crown Commercial Service has published an updated version of its short form terms and conditions to be used for lower value contracts.

This is intended to be a light touch set of Ts and Cs for general goods and services contracts with a value below the procurement thresholds set out in the Public Contracts Regulations 2015 (click here for details of these). Users should be aware that it is not suitable for the following types of contract:

• construction works, where industry standard forms of contract are available
• IT contracts, where a suitable framework should normally be used
• out-sourced services where a relevant TUPE transfer is likely to occur.

This short form contract replaces two earlier sets of Ts and Cs, which dealt with goods and services separately. In the new document, goods, services or a combination of the two can be covered. The previous approach of a detailed award letter followed by a set of standard terms is replaced with a new structure. The document now includes a short award letter together with an Order Form setting out details of the parties, the deliverables, payment terms, details of personal data processing etc., and the standard terms.

The standard terms have been reorganised and the wording simplified. This should make them more accessible to those without legal expertise, consistent with the Government’s objective to encourage the involvement of smaller suppliers in public procurement. 

An archived version of the previous short form Ts and Cs can be found here.