Show all «Contract execution»


Management of Service Contracts » Contract execution »

Contract start (T0 + ~6months) [🔝]

Action Proc. Officer Tech. Officer Contractor

Check that all actions agreed as part of the contract and meetings of the implementation phase are actually implemented (number and qualification of resources, organization chart, deadlines, registration and access rights, follow-up of the services already performed, etc.).

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If applicable, retrieve an inventory of CERN’s assets, special tools and spares from CERN’s database (Infor EAM etc.) and submit it to the contractor.

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If applicable, verify and establish an inventory of CERN’s assets, special tools and spares available in CERN’s stores and return it to the technical officer within the deadlines set forth in the contract.

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Verify – comparing proposed inventory against information available (in Infor EAM where applicable) - and modify the quantities in Infor EAM, as appropriate.

This task may be performed by the contractor.

Sample checks may be sufficient in case the quantity of items to be checked is high.

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Validate and/or sign the assets and spare parts inventory.

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Collect and accept or approve all deliverables (template of monthly/quarterly reports, Quality Assurance Plan (QAP) etc.) due, within the conditions and deadlines set forth in the contract.

Some documents such as working procedures would require acceptance only as it is the responsibility of the contractor to establish appropriate procedures and to apply them. Approval by CERN means the responsibility of adequacy of the proposed documents is shared between the contractor and CERN. In this respect, the technical officer shall distinguish the concepts of acceptance and approval.

All documents prepared by the contractor during the execution of the contract become CERN’s property. Should such documents be subject to confidentiality obligations, the technical officer shall comply with contract provisions and take any appropriate measures: ask contractor’s approval for the use of the document etc. The contractor shall not resubmit an existing QAP as such. A new contract requires the preparation of a new QAP. Should the contractor be the incumbent and provided CERN agrees, the QAP may be a revised version of the existing one.

Please refer to the guidelines for contractor’s quality plan for further details.

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Management of Service Contracts » Contract execution » Follow-up meetings »

Operational progress meetings [🔝]

Action Proc. Officer Tech. Officer Contractor

Hold weekly operational meetings, as appropriate.

Should the performance of the contract not be compliant with the contract requirements, the technical officer may decide to increase the frequency of meetings as needed with regards to the situation. For further details on management of issues and dispute settlement, please refer to sections “Day-to-day issue settlement” and “Dispute settlement” below.

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Send the agenda and invitation to weekly operational meetings. The agenda shall include all aspects related to operational issues, including Safety, schedule of activities etc.

Participants shall include at least:

  • CERN’s technical officer,
  • The contractor’s technical supervisor and team leaders.

Should there be important contractual matters to address (non/under performance of the contract, price revision, extension etc.) during the meeting, it is advisable to set up a preparation meeting with the procurement officer.

For C contracts, it is advisable to set up a weekly meeting, inviting successively all internal customers involved in ongoing works, with a defined timing for each customer.

Safety: ask the contractor to report and document all issues.

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Draft and issue the minutes of the operational progress meeting – preferably via a Service Order / Ordre de Service (OS).

The technical officer –not the contractor- shall draft the minutes of meeting.

The minutes of meeting should include a provision such as: “You are kindly requested to return to CERN a signed copy of the present Service Order within five working days of its reception. Without any response from you within this deadline, the Service Order will be considered accepted. ”

Safety: make sure the subject is covered in the minutes to show that Safety is being followed-up closely, including when no accident or specific issue is reported (ex: mention “no specific Safety issue declared this month/week”).

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File the minutes of the weekly progress meeting in EDMS.

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Management of Service Contracts » Contract execution » Follow-up meetings »

Contract follow-up meetings [🔝]

Action Proc. Officer Tech. Officer Contractor

Send contractual meeting invitations with agenda. The contractual meetings should be held on a regular basis (monthly, quarterly, yearly), in accordance with the conditions defined in the contract.

Participants shall include at least:

  • CERN’s technical officer - with group leader and the procurement officer at least for yearly meetings,
  • The contractor’s technical and commercial representatives (and management for yearly meetings).

The agenda of the contractual meetings shall include all aspects related to administrative, technical and financial follow up, as described in the section below.

Should there be important contractual matters to address (such as performance of the contract, price revision, extension etc.) during the meeting, organise a preparation meeting with the procurement officer.

A template agenda can be found for the contractual meetings in procurement templates (document “Contract follow-up meeting report”)

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Hold preparatory meetings, covering technical, commercial and contractual matters, as appropriate.

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Hold the contractual meetings, following the agenda previously communicated, in particular:

  • Status of actions completed / ongoing,
  • Scheduled activities for the month / quarter / year to come (volume of work),
  • Resources (organization chart with names),
  • Safety issues (accidents, incidents or near misses of the period, corrective actions taken etc.),
  • Non-conformities and corrective actions,
  • Key Performance Indicators (KPIs),
  • Administrative situation (extension of contract, declaration of subcontractors etc.),
  • Contractual, commercial, legal aspects (amendments, purchase orders, penalties, invoicing etc.),
  • Proposed optimizations of the contractual organization,
  • Summary of actions decided, deadlines and action owners,
  • Next meeting.
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Draft the minutes of contractual meetings, send it for review to the procurement officer.

A template “Contract follow-up meeting report” can be found in procurement templates.

The technical officer –not the contractor- shall draft the minutes of meeting.

Document the non-conformities.

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Sign and communicate / notify the minutes of contractual meetings to the contractor.

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Sign the minutes of contractual meetings and submit it to the technical officer.

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File the minutes of progress meeting (both in paper and electronic format). Technical and procurement officers shall use their own data management system.

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Management of Service Contracts » Contract execution » Technical follow-up » Performance of services »

Small work contracts [🔝]

Action Tech. Officer Contractor

Reception of a work request from a CERN customer.

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Request a quotation in compliance with contract terms and deadlines.

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Review the bid (unit prices in accordance with the contract, proposed quantities of material, proposed duration of the works etc.) – iterate with the contractor as necessary to come to an acceptable bid.

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In case of use of GESMAR, upon acceptance of the bid, create the order in GESMAR, and submit it to the contractor.

In case GESMAR is not used, please refer to section “financial commitments”.

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Where applicable, two weeks before the start of work, create an “IMPACT” request for any new work to be performed (formerly called “avis d’ouverture de chantier”).

In case the technical officer needs further information on how to use IMPACT, there is a course “IMPACT Fundamentals" available at https://sir.cern.ch . This course, in English or French, covers the basics for IMPACT.
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Should a "Visite d’Inspection Commune" (VIC) be necessary, the related VIC form should be completed in IMPACT. For further details on VIC, please refer to section “Follow-up of contract implementation – Visite d’inspection commune”.

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Performance of the work.

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If needed, follow-up closely the execution of the work, with the presence of CERN’s technical responsible(s) and/or the technical officer.

Should the performance of the contract not be compliant with the contract requirements, the technical officer may decide to set daily meetings, in particular for C contracts, to follow up the performance of the ongoing activities. Refer to section “Follow-up meetings” for further details.

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Raise “Point d’Alerte” (PAL) for any deviation to the planned work.

Usually, there is a ”PAL” referee within the section/team of the technical officer. On the contractor’s side, PAL are usually followed up by the QHSE manager.

Keep track of all PAL and their associated answers, preferably in EDMS.

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Perform the acceptance test on site, with presence or supervision of CERN’s representatives.

It is sometimes impossible to verify all the interventions performed. In such case, the technical officer shall perform sample verifications.
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For EN-EL only: once the work is completed, submit the bill of quantity (“métré”) of the work performed.

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For EN-EL only: Verify the bill of material, performing a contradictive bill of material (“contre-métré”) , with on site visit when necessary.

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For EN-EL only: Update of the bill of quantity in GESMAR (only if duly justified against actual work).

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Follow up Key Performance Indicators (KPIs), as defined in the contract.

Refer to section “Quality assurance and control” below for further details on KPIs.

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Management of Service Contracts » Contract execution » Technical follow-up » Performance of services » Maintenance contracts »

Preventive maintenance [🔝]

Action Tech. Officer Contractor

Where applicable, open a Work Order / Ordre de Maintenance (ODM) to instruct the start of a new intervention.

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Perform the intervention and verify compliance of the work, in accordance with the maintenance plan - as foreseen in Infor EAM / ODM, and agreed with the technical officer.

Use of Infor EAM (applicable for contracts involving asset and spare management)

CERN is like most organizations with large installations of equipment using a Computerized Maintenance Management System (CMMS) to streamline, organize and document all our asset tracking and maintenance management efforts. In industry this is today often called Enterprise Asset Management (EAM) indicating that such tools are used to optimize the performance and lifecycle of physical assets across the whole organization.

 The CMMS at CERN is called Infor EAM (previously known as Datastream7i or D7i) which is a commercial system from Infor. Together with its predecessors it has been used within the organization for over 25 years and contains information about over 1.7 million pieces of equipment and details about 4 million technical interventions carried on the installed equipment. The first interventions logged in Infor EAM are from 1971 and were imported from a legacy system.

This makes Infor EAM a centralized asset repository for the whole accelerator complex and thus a vital tool for efficient knowledge transfer which is a must for installations with very long lifecycles.

Further information can be found here.

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Verify the interventions performed, based on sample checks, or systematic, as appropriate. Re-open the work order as appropriate if the work performed is not compliant (via Infor EAM where applicable).

For remuneration based on lump-sum price, it is sometimes impossible to verify all the interventions performed. In such case, the technical officer shall perform sample verifications. 

Should the performance of the contract not be compliant with the contract requirements, the technical officer may decide to set follow-up meetings more regularly and / or to increase the number of checks. Refer to section “Follow-up meetings” for further details.

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Validation of the work performed (via Infor EAM where applicable).

 

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Follow up Key Performance Indicators (KPIs), as defined in the contract.

Refer to section “Quality assurance and control” below for further details on KPIs.

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Management of Service Contracts » Contract execution » Technical follow-up » Performance of services » Maintenance contracts »

Corrective maintenance [🔝]

Action Tech. Officer Contractor

Request for an intervention in compliance with contract terms and deadlines.

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Perform the intervention.

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Notify CERN’s technical responsible, in writing, of completion of intervention (via Infor EAM where applicable).

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Systematic or sample verification of the work performed, as appropriate. Re-open the work order / ODM when the work performed is not compliant.

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Validation of the work order / ODM.

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Management of Service Contracts » Contract execution » Technical follow-up » Performance of services »

Service contracts remunerated on a lump sum basis or time-spent basis [🔝]

Action Tech. Officer Contractor

Perform the work, deliver the service according to the deadlines and content agreed.

For some contracts, it is important to set a maximum number of hours for each service to avoid low efficiency and/or overcharging from the contractor.

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Check the work performed. Validate it or submit comments, as appropriate.

It is sometimes impossible to verify all the services performed. In such case, the technical officer shall perform sample verifications. 

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Analyse users’ complaints, as the case may be.

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Treat users’ complaints, as the case may be.

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In case of time-spent remuneration, declare the number of hours / days performed during the month.

It is important to ask the contractor to set up a system providing visibility on the number of hours performed, in order to avoid any risk of double invoicing.

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Validation of number of hours of work performed by the contractor, authorizing the invoice to be issued.

Use of JMT:

Job Management Application (JMT) is a web based tool used to manage jobs of various natures: CERN internal jobs between departments/groups or jobs outsourced to contractors. The application is mainly addressed to the services/contracts managing many jobs at a time. It helps to follow the job evolution: creation, estimation of the costs, execution, invoicing and electronic transfer of the data to the Finance applications. Estimations are made easy with flexible definitions of activities (with predefined prices lists in EUR or CHF) and, optionally, automatic adds-on referred as a percentage of the overall costs to cover additional expenses. The estimation is validated by an EDH approval process after which the commitment transaction is directly transferred to accounting systems (QUALIAC). Similarly, the invoicing of the job generates a payment.

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Follow up Key Performance Indicators (KPIs), as defined in the contract.

Refer to section “Quality assurance and control” below for further details on KPIs.

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Management of Service Contracts » Contract execution » Technical follow-up » Quality assurance and control »

KPIs/SLA follow-up [🔝]

Action Tech. Officer Contractor

Submit KPIs and / or SLA report in accordance with the Quality Assurance Plan defined in the technical specifications.

Agree an exact date of extraction and computing of KPIs with the contractor, in order to have comparable values.

Please refer to the guidelines for contractor’s quality plan for further details.

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Evaluate the contractor’s performance via CERN’s own system/tools, measuring CERN’s monthly KPIs and SLA and in accordance with the Quality Assurance Plan defined in the technical specifications and the Quality Assurance Plan.

Use follow-up meetings to address the contractor’s performance via KPIs and SLA.

It is advisable to use CERN’s own system/tools to evaluate and check the KPIs declared by the contractor (Infor EAM, excel table etc.).

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Review KPIs / SLA during contractual follow-up meetings (monthly or quarterly).

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Apply penalties as the case may be, deducting the related amount from invoices in accordance with the periodicity defined in the contract (monthly usually).

If contractual penalties are applicable, you should inform the contractor of their application and deduct them from the monthly invoice. Penalties should be used as an incentive for the contractor to perform services in accordance with the contract.

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Management of Service Contracts » Contract execution » Technical follow-up » Quality assurance and control »

Management of non-conformities ("NC") [🔝]

Action Proc. Officer Tech. Officer Contractor

Document every NC (for example with pictures, “Ordre de Service” (OS)) at least on a monthly basis.

Tracking NCs will help monitor the contract and settle possible disputes.

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Inform the contractor about the Non-conformities via an “Ordre de Service” (OS) - requesting management of non-conformities in accordance with the contractual documents (contract, technical specification, evaluation questionnaire, Quality Assurance Plan etc.) - (See section “Correspondence” for further details), with procurement service in copy if related to commercial or contractual issues.

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Apply penalties as the case may be.

Penalties should be used as an incentive for the contractor to perform services in accordance with the contract.

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Take remedial measures / corrective actions.

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Check the result and efficiency of remedial measures / corrective actions.

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Management of Service Contracts » Contract execution »

Correspondence [🔝]

Action Tech. Officer Contractor

Use Service Order / Ordre de Services (OS) for every communication concerning contractual obligations, defining clearly CERN’s instructions, inventories, identified non-conformities, requested deadlines etc. 

Keep all records in writing. Document non-conformities via a NC registry. This will help settle future dispute.

The technical officer may decide to use Work Orders through Infor EAM to manage correspondence with the contractor.

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Countersign the OS and submit the document, including answers as requested to the technical officer within within the deadline for answer requested in the OS.

The OS should include a provision such as: “You are kindly requested to return to CERN a signed copy of the present Service Order within five working days of its reception. Without any response from you within this deadline, the Service Order will be considered accepted.” Beware, a confirmation in writing shall be requested for any matters related to Safety.

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Management of Service Contracts » Contract execution » Administrative follow-up »

Registration and access authorizations [🔝]

Action Tech. Officer Contractor

Manage accesses and authorisations in compliance with CERN access and registration procedures.

Refer to the document “Working on the CERN site” for further details.

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At least once a year, follow-up the contractor’s personnel renewal of registration and access authorisations (in accordance the document “Working on the CERN site”):

  • Control that the number of the persons the contractor assigns to the performance of the contract  is correct,

In case of contracts involving a high number of persons assigned by the contractor, the technical officer may request the contractor’s contract manager to confirm the appropriate assignment of its personnel to the related services. Such justification can be attached to the EDH workflow.

  • Control that the contractor has requested access deactivation for all members of his personnel not working under the contract anymore.

Should there be inconsistencies or discrepancies between the Prevention Plan (PP) and the list in “HRT”, the PP shall be updated (see section “Safety coordination”).

Also refer to section “Implementation phase” and section 2 of the document “Working on the CERN site” for further details.

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Management of Service Contracts » Contract execution » Administrative follow-up »

Approval of a subcontractor [🔝]

Action Proc. Officer Tech. Officer Contractor

Declare any subcontractor to CERN for approval.

The request shall be made in writing, and shall include:

  • The contract reference,
  • The name of the subcontractor,
  • Address and contact details of the subcontractor,
  • Description of the services performed,
  • Percentage of services performed by the subcontractor over contract annual turnover,
  • Procurement code concerned.

Beware: the subcontractor shall not enter CERN site nor start any work without CERN’s prior approval. In this respect, the procurement officer has to be informed as soon as possible.

 

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Check contractual conditions (subcontracting allowed (Y/N), maximum percentage and type of activities allowed), accept the firm or not and submit the contractor’s request of subcontractor registration including name and address to the procurement officer for approval.

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Verify contractual conditions, and confirm whether the subcontractor is blacklisted or not.

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Approve or reject the request and send a confirmation to the contractor.

In case of confirmation, the letter shall request the contractor to proceed with all administrative measures (access, authorisations etc.) necessary for the performance of the services by the subcontractor (see section “Registration and access of the contractor’s personnel”).

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Update the Prevention Plan (PP) with the subocntractor name to be listed as part of subcontractors declared under the contract.

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Management of Service Contracts » Contract execution » Administrative follow-up »

Work outside normal working hours [🔝]

Action Tech. Officer Contractor

In case of work outside of CERN normal working hours (from 19h00 to 7h00 or during week-ends or bank holidays), where applicable, ask French (DIRECCTE) or Swiss (OCIRT, SECO) authorities, as applicable, authorization to work outside normal working hours.

Work outside of normal working hours is authorized only for Safety or technical reasons. Delay in contractor’s planning is not an acceptable justification for the host states authorities. 

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Submit for approval "work notification" / "avis d’exécution de travaux en dehors de la plage horaire admise comme horaire normal" five working days at the latest before the start of work.

The template of work notification can be found here.

Ask head of Security service (Didier Constant) for further information.

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Approve (and sign) or reject "work notification" / "avis d’exécution de travaux en dehors de la plage horaire admise comme horaire normal".

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When approved, submit the signed "work notification" / "avis d’exécution de travaux en dehors de la plage horaire admise comme horaire normal" to CERN security services with the technical officer and CERN Fire and Rescue service in copy, at the latest 48 hours before the intervention.

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Management of Service Contracts » Contract execution » Safety coordination »

Periodical follow-up [🔝]

Action Tech. Officer Contractor

Iterate regularly (in particular during follow-up meetings) with the contractor about:

  • evolution of risks and hazards under the contract, including new ones (linked to CERN’s or the contractor’s activities, or linked to the areas where services could be performed)
  • accidents, incidents, near-misses occurred,
  • update the contractor’s personnel and subcontractors listed in the Prevention Plan (PP). 

It is the responsibility of the technical officer to inform the contractor of the risks or hazards related to the performance of the services under the contract. It is also the responsibility of the contractor to inform CERN of new risks/hazards linked to their own operating modes, tools/equipment, products etc.

Technical officer may seek support from HSE Unit, especially for specific matters such as radiation protection, asbestos etc.

See HSE website for more information on applicable Safety rules, available trainings etc.

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Submit regularly (at least once a year) the list of contractor’s and subcontractor’s personnel and the list of subcontractors assigned to the contract.

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Check regularly (at least once a year) the contractor’s personnel list and list of subcontractors, in accordance with the list of the contractor’s personnel in HRT and according to section “Registration and access authorizations”.

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Document all Safety discussions –including when no issue is escalated- in the minutes of meetings.

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Update the PP, as appropriate (see section below).

Ask support from HSE Unit, as necessary.

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Management of Service Contracts » Contract execution » Safety coordination »

Update of prevention plan [🔝]

Action Tech. Officer Contractor

Update the PP as often as needed, based on issues raised during periodical follow-up meetings. The PP shall be updated at least once per year.

Beware, irregular or no update of PP may be interpreted as default of Safety management.

Check regularly whether a new official template of the PP shall be used: CERN’s Safety forms website.

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Update the PP and re-submit it, as appropriate.

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Sign the updated PP.

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File the updated PP in EDMS.

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Management of Service Contracts » Contract execution » Safety coordination »

Declaration of accidents [🔝]

Action Proc. Officer Tech. Officer Contractor

Declare accidents, incidents and near misses using A2 form, in EDH. Inform both the technical and procurement officers.

Guidelines and template of A2 form can be found here.

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Review declaration, iterate with HSE Unit and the contractor. Submit CERN comments to the contractor, as necessary.

The technical officer has no obligation to validate declarations of accidents.

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Modify A2 form as needed

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If requested by HSE Unit, contribute to the Safety investigation.

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Update the PP, should this be necessary on the basis of conclusions of the Safety investigation.

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Management of Service Contracts » Contract execution » Safety coordination »

Joint inspection visits / Visites d’inspection commune – Work contracts only [🔝]

Action Tech. Officer Contractor

For work contracts, upon creation of an “IMPACT” request form, should the technical officer consider that a “Visite d’Inspection Commune” (VICs) is necessary, perform the “Visite d’Inspection Commune” (“VIC”).

The VIC shall involve at least:

  • The technical officer,
  • CERN’s Territorial Safety Officer (TSO),
  • The contractor’s contractual representative,
  • The contractor’s Safety officer,
  • CERN radiation protection services, if required.

Presence of CERN HSE Unit representative is not mandatory as such, to be decided on a case by case basis.

When the contractor is expected to access a high number of CERN facilities during the performance of the contract, the visit should focus on CERN’s strategic buildings in terms of Safety.

The VICs may be performed during the execution of the contract, before each start of work.

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Draft the report of VIC in “IMPACT” (refer to the VIC section available in the “IMPACT” form). Submit it to the contractor.

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Sign the report of VIC.

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Management of Service Contracts » Contract execution » Financial follow-up »

Budget request [🔝]

Action Tech. Officer

Request budget to the « Department Planification Officer » (DPO) or customer’s DPO, with a description of services needed and that are proposed to be performed.

In particular for work contracts (type C): request budget code to customer. 

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Management of Service Contracts » Contract execution » Financial follow-up »

Financial commitments (via EDH or JMT) [🔝]

Action Proc. Officer Tech. Officer Contractor

Request a quotation for the performance of services under the contract when the budget allocated is confirmed by the DPO.

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Review of quotation submitted by the contractor (in particular for small works contracts).

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Creation of the « Ordre de Service Valant Commande » (OSVC) via EDH..

Further information can be found in the information note on OSVC.

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Creation and issuing of the order (OV) to the contractor.

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Management of Service Contracts » Contract execution » Financial follow-up »

Financial commitments (via GESMAR – mainly for EN/EL or EN/CV contracts) [🔝]

Action Proc. Officer Tech. Officer Contractor

Order services under the contract when the budget allocated to the contract is confirmed by the DPO.

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Review of quotation submitted by the contractor (in particular for C contracts), on the basis of the conditions defined in the contract.

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Creation of OSVC via GESMAR.

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Creation and issuing of OV to the contractor.

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Management of Service Contracts » Contract execution » Financial follow-up »

Finance committee authorization [🔝]

Action Proc. Officer Tech. Officer

Provide IPT department (Stéphanie Blanchard) with estimates of yearly expenses under the contract. Prepare justification in case the estimated annual expenses are expected to exceed the amount authorised by the Finance Committee. Decide whether the contract should be renewed or not.

Should the technical officer decide not to renew the contract, the procurement service shall be informed as soon as possible -12 months in advance- to prepare the re-tendering of the contract.

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Submit to Finance Committee (FC) the annual report on industrial service contracts, including requests for contract renewal, estimated yearly expenses and justification for contracts for which authorised amounts are expected to be exceeded.

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During the ongoing financial year, inform the procurement officer when FC’s authorized amount is about be exceeded. Provide justification in case additional amounts are to be resubmitted to FC for approval.

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Management of Service Contracts » Contract execution » Financial follow-up »

Review of invoices [🔝]

Action Proc. Officer Tech. Officer

Forward invoices to accounts-payable@cern.ch if received by mistake.

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Verify invoices received from accounts payable on the basis of conditions defined in the contract / OV (order).

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Approve or reject discrepancies identified in invoices by accounts payable via EDH. Sign and date invoice if compliant.

Submit signed and dated invoice to accounts payable (accounts-payable@cern.ch), with appropriate supporting document – as necessary.

In case of rejection, provide appropriate justification to accounts payable.

Check invoices carefully: sign an invoice is an authorisation to pay.

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Management of Service Contracts » Contract execution » Day-to-day issue settlement »

Quotation price exceeds contractual prices [🔝]

Action Tech. Officer

Refuse the proposed prices and request the strict application of contractual prices.

Stick to the contract. Formalize and keep a written record of the answer made to the contractant.

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Management of Service Contracts » Contract execution » Day-to-day issue settlement »

Proposed revision of contractual prices [🔝]

Action Proc. Officer Tech. Officer Contractor

Forward any request of revision of prices to the procurement officer.

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In case price revision request does not comply with the contract provision on price revision, refuse the proposed revision and request the strict application of contractual prices.

In case revision of prices complies with contract provision on price revision and provided the procurement officer agrees with the request, prepare a contract amendment (see section on amendments for further details).

Stick to the contract.

CERN does not accept price revision with retroactive effect.

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Management of Service Contracts » Contract execution » Day-to-day issue settlement »

Services not compliant with contractual requirements [🔝]

Action Tech. Officer

Do not approve any acceptance document of the work performed - including as part of minutes of meetings or by email.

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Raise reserves –preferably via a Service Order / Ordre de Service (OS) - as soon as any non-conformity identified, asking for a corrective plan and fixing deadlines.

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Retain payment of the corresponding invoices, notifying accounts payable (accounts-payable@cern.ch), until the remedy of non-compliance.

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Management of Service Contracts » Contract execution » Day-to-day issue settlement »

Invoiced price exceeds contractual prices [🔝]

Action Tech. Officer Contractor

Retain payment of the invoice immediately.

Please refer to section “Financial follow-up”, “Review of invoices”.

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Inform the contractor. Ask the contractor to issue a correct invoice, as necessary.

Formalize your exchanges

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Apply penalties as appropriate.

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Management of Service Contracts » Contract execution » Day-to-day issue settlement »

Proposed deviation from a provision of the contract [🔝]

Action Tech. Officer

Refuse any deviation to the contract provisions.

In principle, the contractor and the technical officer shall strictly apply the contract. Should the deviation be related to a proposed change of scope – where such change is justified and serves CERN’s interests, refer to section “Amendments”.

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Management of Service Contracts » Contract execution » Day-to-day issue settlement »

Use of CERN’s logo, publication with reference to CERN activities by the contractor [🔝]

Action Proc. Officer Tech. Officer Contractor

Check the contractor's proposed press release from a technical point of view and forward the contractor's request to IPT department (Sébastien Sonnerat, with the procurement officer in copy) and IR department (Fabienne Landua) .

Use of CERN’s logo or publication with reference to CERN activities is subject to authorization by procurement service, legal service and press office (as defined in section 7.3 of the Procurement Procedures Manual (PPM)):

-the procurement officer will verify whether the information to be published are correct from a procurement point of view

-the press office (James Gillies) and the Legal service (Sofia Intoudi) make verifications concerning the use of images, logos and names of CERN.

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Approve or reject contactor’s request, in collaboration with the logo committee.
More information on how to use CERN logo can be found here: https://design-guidelines.web.cern.ch/guidelines

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Management of Service Contracts » Contract execution »

Dispute settlement [🔝]

Action Proc. Officer Tech. Officer Contractor

Inform the procurement officer as soon as possible.

Document all non-conformities (pictures, Service Orders (OS), reserves in acceptance reports).

Keep all records in writing (emails, correspondence, history of facts etc.).

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Assess the situation:

  • Collect documentation, the history of exchanges and discuss,
  • Identify options (penalties, withdrawal of bank guarantee, plan B, if any),
  • Prepare negotiations, if needed,
  • Review termination terms of the contract,
  • Etc.

Stick to the contract. Inform the contractor on a need-to-know basis in due time.

Use the contractual tools to settle disputes (penalties, withdrawal of bank guarantee, letter of notice etc.)

 

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Hold meeting(s) with the contractor, as appropriate.

Roles and responsibilities between technical and procurement officers shall be decided beforehand. Prepare meetings as appropriate and ensure that CERN “speaks with one voice”.

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Prepare letter of notice ensuring that it:

  • Includes a description of facts, non-conformities, defaults,
  • Requests the implementation of the remedial measures etc.,
  • Defines clear and reasonable deadlines,
  • Informs the contractor of the contractual consequences in case of failure to remedy the situation. 

 

 

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Send the notice to the contractor by registered letter, with the technical officer and technical and IPT group leaders in copy.

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File the letter of notice (both paper and electronic format).

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After the deadline is reached, assess the situation again. Take a decision:

Beware: notify the contractor of the decision as soon as the deadline has elapsed, failure to do so may be interpreted by Courts as a decision to continue the contract. 

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Management of Service Contracts » Contract execution » Amendments »

Contract extension [🔝]

Action Proc. Officer Tech. Officer Contractor

Ask whether the contract should be extended or not.

The procurement and technical officers should anticipate contract extension as the renewal of a service contract can take up to 12 to 15 months.

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Confirm whether the contract needs to be extended.

Should the technical officer decide not to renew the contract, the procurement officer shall be informed as soon as possible -12 months in advance- to prepare the re-tendering of the contract.

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Request of formal authorisation of extension to the Finance Committee (FC).

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Prepare the contract amendment in accordance with the contractual notice period.

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Send the signed amendment to the contractor for signature.

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File the contract amendment both in paper and electronic format (using CFU). The original of the amendment is kept by the Procurement service. Both technical and procurement officers shall file the amendment in their own data management system (EDMS for the technical officer).

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Management of Service Contracts » Contract execution » Amendments »

Change of contract terms [🔝]

Action Proc. Officer Tech. Officer Contractor

In case of need or request of modification of contract terms (name of the contractor, applicable prices, change of scope etc.), inform the procurement officer in any case.

Keep all records in writing. The technical officer shall not enter into negotiations with the contractor without informing the procurement officer. Do not commit CERN orally. Be constructive (distinguish facts and opinions)

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Hold a preparatory meeting as necessary, evaluate the situation based on the conditions defined in the contract:

  • Assess the situation,
  • Identify options,
  • Take a decision,
  • Prepare negotiations, if needed,
  • Etc.

Roles and responsibilities between technical and procurement officers shall be clear. Make sure that CERN speaks with one voice. Prepare meetings as appropriate.

Keep all records in writing. Be objective. Be constructive (distinguish facts and opinions).

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Hold negotiation meetings, as appropriate.

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Prepare the contract amendment (in case a contract change is approved by technical and procurement officers) or correspondence.

Beware of entry into force. The date of entry into force shall be either the date of signature of the amendment by both parties or a date specified in such amendment (to be clearly defined in the amendment).

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Send the amendment to the contractor for signature.

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File the contract amendment both in paper and electronic format (using CFU). The original of the amendment is kept by the Procurement service. Both technical and procurement officers shall file the amendment in their own data management system (EDMS for the technical officer).

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