6 June 2018 – Publication of amended forms FTS1 to FTS5 inclusive, FTS 13, ITT-W1, ITT-W1a, ITT-W2 and ITT-W8

Further to the publication of Circular 08/18 on 24 May 2018 setting out the amendments to the Capital Works Management Framework (CWMF) to reflect the introduction of Sectoral Employment Orders under the Industrial Relations (Amendment) Act 2015 in the construction sector; the second phase of the publication of revised CWMF documents are being published today. This is in addition to the publication of amended forms of PW-CF6 to PW-CF8 inclusive, PW-CF10 and PW-CF11 and the Rates of Pay and Conditions of Employment Certificate that accompanies each of these contract forms, which were published on 24 May.

Publication of amended forms FTS1 to FTS5 inclusive, FTS 13, ITT-W1, ITT-W1a, ITT-W2 and ITT-W8 today include the revised Comparative Cost of Tender exercise and will affect the tender submission, evaluation, award and contract administration stages where the forms of contract used are PW-CF1 to PW-CF5 inclusive and the NN Sub-contract. These documents are being introduced in advance of amendments to these contracts to facilitate an orderly transition to the revised Comparative Cost of Tender exercise which is to be undertaken on all tenders using PW-CF1 to PW-CF5 inclusive and the NN Sub-contract which are to be submitted on or after 7 July 2018.

Please note that the Schedule, part 1K of FTS1, FTS3, FTS5 and FTS 13 has been changed to make the ‘expenses unavoidably incurred as a result of the delay’ as the default position for the amount to be added to the Contract Sum in accordance with sub-clause 10.7 Delay Cost.  Under the previous versions of these forms the ‘daily rate tendered by the Contractor’ was the default position and it remains the default position for FTS2 and FTS4.