Several ACE New Zealand members recently contacted us with concerns about Auckland Council’s updated Technical Consultancy Services Panel MSA. We brought that collective feedback to the attention of Auckland Council’s procurement team, highlighting the areas members believe materially depart from standard industry risk allocation.
Our concerns centre on provisions that shift risk away from the standard CCCS position, including reliance on council-provided information, programme and acceleration obligations, intellectual property, the KPI framework, and arrangements around rates, personnel and recoverable costs.
We’re pleased Auckland Council has responded constructively, and ACE New Zealand is scheduled to meet with its infrastructure procurement and legal teams before the end of October to discuss the issues and better understand the rationale behind the current settings.
This is exactly why we want to hear from you when contractual issues are emerging. Individual firms will always need to make their own decisions about the commercial risks they accept, but ACE New Zealand can help identify wider trends, bring the collective industry perspective to clients and support better conversations about fair and sustainable contracting.
Use the ACE contract checklist
In the meantime, if you encounter terms and conditions that differ from recognised industry standards, remember to use the ACE Contract Checklist. It’s designed to help you spot departures from standard positions, consider what those changes could mean for your business and support informed decisions about managing the associated risk.
Report an issue
To report an issue with a contract or poor procurement behaviour, please complete the form below. This will help us advocate on your behalf.