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DEFCON 76 - Contractor's Personnel At Government Establishments

This DEFCON applies to a situation where the contractor may be required to carry out the work (or some portion of it) at a government establishment. If this should not be the case tenderers must explicitly advise the Authority, in their tender proposal, so that the Condition is excluded from the contract.

DEFCON 92 - Failure Of Performance

Allows for termination of the contract if it is unlikely to be or has not been satisfactorily completed within the specified period, subject to payment of a fair and reasonable price (excluding profit) for authorised work and commitments. The Authority does not normally invoke this provision without first consulting the contractor on the relevant deficiencies and allowing an opportunity to correct those deficiencies or otherwise recover the programme of work.

DEFCON 127 - Price Fixing Condition For Contracts Of Lesser Value

Where a contract has been let without competition and a price has not been agreed prior to the award of the contract, this Condition sets out information the contractor is required to provide to enable a fair and reasonable price to be agreed. The condition facilitates agreement of prices in contracts and for any subsequent amendments to the contract where pricing is normally below £250,000.

DEFCONS 529 - Law (English) & 530 - Dispute Resolution (English Law)

Provides for the contract and dispute resolution (respectively) to be governed by English Law.
If a tenderer is registered in Scotland and would wish for Scots Law to apply then DEFCONs 529A and 530A (respectively) would apply instead. Tenderers must formally request the application of Scots Law in their tender proposals and provide evidence of their registration in Scotland.

DEFCON 607 - Radio Transmissions

Requires the contractor to obtain a licence before making radio transmissions. The contractor must obtain approval from the acquisition team for the frequencies to be used in accordance with the Condition.
Tenderers should advise in their tender proposals if they intend making radio transmissions as part of the performance of the contract.

DEFCON 619A - Customs Duty Drawback

Provides that the contract price is to be inclusive of any UK Customs and Excise or other duty payable.

DEFCON 656 - Break

Allows MOD unilaterally to break the contract.

Whilst DEFCON 656 is not usually included in research and study contracts of low value and short duration, where there is no intention to extend those contracts, clearly the CDE initiative is likely to involve the award of contracts which are of a longer duration and higher value. The inclusion of this provision will be applied on a case-by-case basis and, whilst the Authority is prepared to consider representations from tenderers on the applicability (or otherwise) of the DEFCON to a CDE contract, the decision of the Authority is final.

If the Condition is included in contracts whose price is less than £250,000 it is to be exercised only when the customer has withdrawn the requirement.
The contractor is required to ensure that a termination right and period of notice that accords with the provisions of this DEFCON is included in his contracts with subcontractors/suppliers for the performance of the contract.

For further guidance on the specific DEFCONs listed above (and others applicable to the CDE Contract Templates) see the DEFCON List and Conditions Guidance under the DEFCON tab on the following link: http://www.aof.mod.uk/aofcontent/tactical/toolkit/index.aspx

Tenderers' proposals shall clearly state their unequivocal acceptance of the terms and conditions contained in the CDE contract template. If, for any reason, there are areas of non-compliance on this issue proposals must provide full supporting reasons, of the non-compliance, for the Authority's consideration.