Procurement & Contracts

The global economic downturn has affected the government of your country in delivering and meeting key health targets. The most pressing project is the expansion of national referral hospital to allow additional clinical services, filter clinics and allow additional volume for critical care services. As one of the experts in this subject in your country, you have been called upon to write a report for the Ministry of Health about the principles of PPP, its merits and demerits in the context of the proposed project. You are required to critically examine the formats of PPP and suggest a suitable format for the project. Also, evaluate the viability of the Private Finance Initiative and Public-Private Partnerships as a procurement route for the new project in comparison with basic procurement routes.

You should outline your assumptions.

Mark Allocation for Task A

• Introduction 5%
• The principles of PPP, its merits and demerits in the context of the proposed project
15%
• Examine the formats of PPP and suggest a suitable format for the project 15%
• Evaluate the viability of the Private Finance Initiative and Public-Private Partnerships as a procurement route for the new project 20%
• Critical analysis of alternative basic procurement routes/types for the proposed project 25%
• Clear examples 5%
• Presentation of report 15% (Layout, structure, visual presentation, use of language,
clarity of expression, referencing within text and bibliography)

Task B: Contracts Coursework 50%

You are required to design an NEC3 ECC contract and give a sound professional advice to the Principal of the Heriot Watt University on post contract stage issues. The Heriot Watt University is planning to build a £100 million Postgraduate Student Accommodation and Outreach Centre project in its Malaysia campus. The project will provide state-of-the-art accommodation facilities for 2,100 postgraduate students, as well as an outreach centre which will become the focal point for the University’s community-based teaching activities and continuous professional development courses.

You should outline your assumptions.

You are required to write a report to advise the Principal of the HWU:
a) The general principle of law governing construction contracts
b) Design an NEC3 ECC contract by selecting appropriate Main Options, Secondary Options and appropriate Z clauses to achieve this goal. Explain how your selections will provide appropriate contract features.
c) The conditions guiding payment in the NEC 3 ECC conditions of contract
d) The contractual standing in terms of conditions governing contractual programme
e) Explain dispute resolution methods in NEC 3 ECC contract that can be used for the project and explain the rationale for your choice

You are required to have a separate analysis section where you will compare the advice given based on the NEC3 ECC condition of contract (c-e) with a chosen condition of contracts either JCT05 SBC/Q or the FIDIC Red Book form of contract.

Mark Allocation for task B

• Introduction 5%
• The general principle of law governing construction contracts 5%
• Design an NEC3 ECC contract by selecting appropriate Main Options, Secondary Options and appropriate Z clauses to achieve this goal. Explain how your selections will provide appropriate contract features 25%
• The conditions guiding payment in the NEC 3 ECC conditions of contract 10%
• Their contractual standing in terms of conditions governing contractual programme 10%
• Explain dispute resolution methods in NEC 3 ECC contract that can be used for the project and explain the rationale for your choice 10%
• You are required to have a separate analysis section where you will compare the advice given based on the NEC3 ECC condition of contract with a chosen condition of contracts either JCT05 SBC/Q or the FIDIC Red Book form of contract 20%
• Clear examples 5%
• Presentation of report 10% (Layout, structure, visual presentation, use of language, clarity of expression, referencing within text and bibliography)
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