NEC4 TSC Contractor Submission/Submission for Acceptance Template

Use this free downloadable template to help you create a Contractor Submission under the NEC4 Term Service Contract (TSC).

The TSC requires the Contractor to make submissions to the Service Manager on various matters that arise during the course of a construction project some of which require acceptance. The TSC goes a step further than most traditional contracts by requiring the Service Manager to not only respond to a submission, but to respond with reasons. A reason outside those listed in the contract will be a compensation event.

You can use this NEC4 TSC template for a Contractor’s submission of the following:

• Submit under clause 16.1 to change the Scope to reduce the amount the Client pays to the Contractor (period for reply is 4 weeks)
• Submit under clause 16.3 for acceptance a proposal to add an area to the Service Area (period for reply is period for reply)
• Submit under clause 20.4 forecasts of the total Defined Cost for the whole of the works (main Options C and E) (no reply)
• Submit under clause 21.1 for acceptance of particulars of design for an item of Equipment (period for reply is period for reply)
• Submit under clause 22.1 for acceptance of details of a replacement person (period for reply is period for reply)
• Submit under clause 23.1 information to Others (no reply)
• Submit under clause 24.2 for acceptance of the name of a proposed Subcontractor (period for reply is period for reply)
• Submit under clause 24.3 for acceptance of proposed subcontract documents (period for reply is period for reply)
• Submit under clause 24.4 of pricing information for each subcontract (main Options C, D E and F) (no reply)
• Submit under clause 25.1 for approval (no reply)
• Submit under clause 27.2 to publicise the works (no reply)
• Submit under clause 50.9 for acceptance of records demonstrating Defined Cost has been correctly assessed (main Options C and E) (period for reply is 13 weeks)
• Submit under clause 50.9 a reply to a submission of records demonstrating Defined Cost has been correctly assessed (main Options C and E) (period for reply is 4 weeks)
• Submit under clause 50.9 for acceptance of further records in connection with Defined Cost (main Options C and E) (period for reply is 4 weeks)
• Submit under clause 50.9 a reply to a submission of further records in connection with Defined Cost (main Options C and E) (no reply)
• Submit under clause 55.3 for acceptance of a revised Activity Schedule (main Option A) (period for reply is period for reply)
• Submit under clause 84.1 for acceptance certificates of insurance (period for reply is period for reply)
• Submit under clause X4.1 an ultimate holding company guarantee (no reply)
• Submit under clause X4.2 for acceptance of an alternative guarantor (period for reply is period for reply)
• Submit under clause X8.5 signed copies of the undertakings (no reply)
• Submit under clause X10.4(1) for acceptance of a first Information Execution Plan (period for reply is 2 weeks)
• Submit under clause X10.4(2) a reply to a submission of a first Information Execution Plan for acceptance (period for reply is period for reply)
• Submit under clause X10.4(2) a reply to a submission of a revised Information Execution Plan for acceptance (period for reply is period for reply)
• Submit under clause X10.4(3) for acceptance of a revised Information Execution Plan (period for reply is 2 weeks)
• Submit under clause X10.6 information transferring rights (no reply)
• Submit under clause X13.1 for acceptance of details of a bank or insurer to provide a performance bond (period for reply is period for reply)
• Submit under clause X13.1 a performance bond (no reply)
• Submit under clause X20.2 a report of performance (no reply)
• Submit under clause X20.3 proposals for improving performance (no reply)
• Submit under clause X21.1 a proposal that the Scope is changed in order to reduce the cost of operating and maintaining an asset (period for reply is period for reply)
• Submit under clause X21.2 a quotation to reduce the cost of operating and maintaining an asset (period for reply is period for reply)
• Submit under clause Y1.4 for acceptance of details of the banking arrangement for the Project Bank Account (period for reply is period for reply)
• Submit under clause Y1.4 copies of communications with the Project Bank (no reply)
• Submit under clause Y1.5 the details of the Project Bank Account (no reply) – inform?
• Submit under clause Y1.6 for acceptance of a proposal to add a Supplier to the Named Suppliers (period for reply is period for reply)
• Submit under clause Y1.9 a copy of the Payment Schedule (no reply)
• Submit under clause Y1.9 information in the Payment Schedule (no reply)
• Submit under clause Y1.14 the Project Bank Account Tracker (no reply) 

For simplicity, you can use this template for a ‘proposal’ under clause 16.1, ‘report’ under clause X20.2, ‘gives’ under X4.1, and X13.1, ‘inform’ under Y1.5, ‘request’ under clause 27.2, and a ‘provision’ under clauses 23.1, X8.5, X10.6 and Y1.4.

You can also use this NEC4 ECC template for the Service Manager’s reply.