Development Services Agreement Template – Customer Explanatory Notes
Contract Governance Criteria
The Development Services covers activities or services that Network Rail
provides during the development stage of the project. The design and
development activities may be carried out by Network Rail directly, or by
Consultants and Contractors employed by Network Rail. The Services
provided may include physical (intrusive) surveys if information is required to
achieve the design. The DSA is based on Network Rail undertaking and
managing the Services. Where the Customer also intends to undertake design
and employ consultants it is possible to offer the Customer a DSA reflecting
the terms necessary.
The agreement provides for reasonable and proper costs (including costs of
risks not contracted out, insured or covered through the Industry Risk Fund) to
be passed through to the Customer on an emerging cost basis.
If funding constraints or other concerns mean that the Customer requires
greater certainty over costs, it may be possible to offer a fixed price DSA.
However, it is not possible to fix some elements, such as the costs of
Necessary Consents, and a fixed price at this stage will not mean that the
costs of the Works can be fixed: as there would still be a requirement to
procure the Works to an agreed set of Project Requirements.
If the Services are relatively uncomplicated and straight forward to manage,
and the procurement of a consultant is not required it may be more appropriate
to use the Basic Services Agreement.
The DSA is not intended to cover implementation.
Clause 1 – Definitions and
Capitalised terms used in these guidance notes are defined in the agreement.
This clause includes general provisions as to consents including the fact that
Network Rail retains sole discretion in relation to safety issues.
Clause 2 – Obligations of Roles
Responsibilities; Network Rail will discuss and agree a scope of Services