Terms and conditions

Introduction

The Procurement Hub has established the Procurement Solutions as a central purchasing body following publication of OJEU notices in accordance with the Public Contracts Regulations 2006 and 2015 with Suppliers to enable the Procurement Hub and other contracting authorities (including the Hub Member) and their supply chains to commission the supply of Services.

The Hub Member wishes to enter into a Call-Off Contract pursuant to the Procurement Solutions with a Supplier in order to commission the Services.

This Membership Agreement sets out the terms on which the Procurement Hub consents to the Hub Member accessing the Procurement Solutions in order to commission such Services.

Agreed terms

Definitions

In this Agreement words and expressions shall have the following meanings:

Call-Off Contract means the agreed form of contract with a Supplier as provided for in the Procurement Solution;

Procurement Solution(s) means the framework agreements and dynamic purchasing systems set up by the Procurement Hub which allow the Hub Member to call-off Services as set out at www.procurementhub.co.uk;

Procurement Solution Documentation means the associated procurement process documentation;

Procurement Hub Services means the services provided by the Procurement Hub;

Supplier(s) means the parties appointed by the Procurement Hub to provide the Services;

Services means the supply of goods, works or services by any Supplier;

Consideration

In consideration of the payment of £10.00 (ten pounds) by the Hub Member to the Procurement Hub (receipt of which the Procurement Hub hereby acknowledge) the parties covenant to each other as set out in this Agreement.

Access to the Procurement Solutions

As between itself and the Procurement Hub, the Hub Member will act as a "Hub Member" for the purposes of the Procurement Solutions.

Within ten (10) days of entering into a Call-Off Contract with any Supplier the Hub Member shall provide the Procurement Hub with a completed Call-Off Summary in the required form.

The Procurement Hub confirms that it will adhere to the obligations set out in this Agreement.

The Hub Member agrees to comply with its obligation to provide information and data to the Procurement Hub in accordance with this Agreement.

The Hub Member shall indemnify and keep indemnified the Procurement Hub against any loss, damage, claim, expense, cost or liability which the Procurement Hub suffers or is liable to suffer arising out of a breach by the Hub Member of this Agreement or by the Hub Member of any Call-Off Contract entered into pursuant to the Procurement Solutions.

For the avoidance of doubt, the Procurement Hub shall have no liability to the Hub Member in relation to the Procurement Hub Services or Services and the Procurement Hub does not warrant or guarantee the standard and/or availability of the Procurement Hub Services or Services.

General

Nothing in this Agreement confers or purports to confer on any person any rights pursuant to the Contracts (Rights of Third Parties) Act 1999.

This Agreement is governed by English law and subject to the jurisdiction of the Courts of England and Wales.

It is acknowledged that, whatever the manner in which the Parties have executed this Agreement, the period of limitations applicable to any claim or claims arising out of or in connection with this Agreement shall be twelve (12) years from the date when the cause of action arose.

Procurement Hub Services to be provided by the Procurement Hub

  1. Gather and collate key scheme information provided by Hub Member(s) regarding Services being called off through the Procurement Solutions and compile in a database to allow an up to date record of total throughput.
  2. Advise Hub Member on agreed fee levels for Suppliers referring to the relevant Procurement Solution.
  3. Monitor and report on Key Performance Indicators for Suppliers using information provided by Hub Members based on their individual Services commissioned.
  4. Maintain the Due North Portal and Procurement Hub website including:
    • Managing access by Hub Members and Suppliers including passwords and levels of access;
    • Uploading and maintaining up to date versions of Procurement Solutions Documentation;
    • Collection and collating Procurement Solutions information, KPIs and cost data; and
    • Uploading and maintaining key research information and publicity in the front end ‘public facing’ website.
  5. Schedule regular liaison meetings of the Hub Members providing meeting agenda and minutes.
  6. Provide first point of contact to any external agencies, trade press etc. seeking information regarding the Procurement Hub.

Obligations upon the Hub Member

  1. To provide timely information and updates to the Procurement Hub on Services and Call-Off Contracts to be called off through the Procurement Solutions.
  2. To provide calculated or estimated levels of savings that each Procurement Solution is anticipated to deliver to the Hub Member upon utilisation of any Procurement Solution.
  3. To provide information on Key Performance Indicators when required so as to allow the Procurement Hub to compare performance of Suppliers across the Procurement Solutions.
  4. To maintain regular liaison with the Procurement Hub to remain up to date with any Procurement Solutions related issues.
  5. To notify the Procurement Hub immediately of any incident which could lead to adverse publicity or of any change of circumstances or any complaint concerning the operations and administration of the Procurement Solutions.
  6. To comply with all of the terms of the Procurement Solutions and where required fulfil the obligations of the Procurement Hub under each Procurement Solution. 
  7. To comply with the original scope of the relevant OJEU notice and not to award Call-Off Contracts outside the scope or value of the relevant OJEU notice.
  8. To comply with its obligations as a Contracting Authority in accordance with the Public Contracts Regulations 2015.
  9. To carry out call-off procedures in accordance with the Procurement Solutions when required to do so by the Procurement Hub and to inform the Procurement Hub of the outcome.
  10. To provide up to date information on spend through the Procurement Solutions.