THIS IS BIG WE MIGHT BE WORLD LEADERS

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Group 28’s Cloud meetings recording (UoM access): Group 28 Cloud Meetings Recording.mp4

NEC3

For different definitions of schedule and price, NEC3 provides options of contract form (NEC3 Main Option clauses), and explains them respectively and clearly.

Parties make decisions based on their interests, not positions.

Bid Document for NEC3

The Dispute Resolution Option W1 seems to be a suitable selection for managing the project management (PM) work related to the Eron Task Foundation Inc.’s worldwide vaccination programme. Option W1 for dispute resolution is a standard choice and provides a clear and structured process for resolving any disputes that may arise during the contract period. Given the programme’s international scope and the potential for complex issues, having a clear dispute resolution mechanism is crucial.

While Eron Task Foundation Inc.’s intention behind setting unlimited liability may be to ensure maximum commitment and caution from the Consultant, it is generally more practical and fair for both parties to negotiate a specific liability cap. In the context of large, complex projects like Eron Task Foundation Inc.’s worldwide vaccination programme, having unlimited liability, for all matters arising under or in connection with the contract other than the excluded matters, can be highly risky for the Consultant. Concerns with Unlimited Liability: 1. For the Consultant, unlimited liability represents a substantial financial risk. It means that in the event of a claim or series of claims, the potential exists for financial obligations that could exceed the Consultant’s ability to pay, potentially leading to bankruptcy or severe financial distress. 2. It might be challenging or prohibitively expensive for the Consultant to obtain insurance coverage without a cap on liability. Insurers typically require a limit to the liability they are underwriting. 3. Contracts aim to fairly allocate risk between parties. Unlimited liability places an extreme amount of risk on the Consultant, which may not be balanced or equitable, especially considering that the control over some aspects of projects may not solely rest with the Consultant.

The conditions to be met and key dates are

Condition 1: Establishment of Cold Chain Logistics Networks: Fenn Project Management Inc. is responsible for establishing a cold chain logistics network capable of handling the distribution requirements of the vaccination program to maintain vaccine potency from manufacture to point-of-use. This includes securing contracts with logistics providers, setting up storage and monitoring facilities, and ensuring the ability to deliver vaccines to multiple global locations.

Key Date 1: Completion on 01/02/2025

Condition 2: Establishment of Monitoring and Data Analysis IT Systems: Fenn is responsible for setting up systems to monitor patient registration, vaccination rates, efficacy, and public health outcomes. These systems should facilitate data analysis to inform future decisions, including identifying target populations and adjusting strategies based on efficacy data.

Key Date 2: Demonstration on 01/07/2025

Condition 3: Development and Implementation of Booster Campaigns: Based on data collected and in anticipation of future needs, Fenn must develop comprehensive strategies for implementing booster vaccination campaigns. This includes procurement plans for booster doses, scheduling, and public communication strategies.

Key Date 3: The initial booster campaign strategy developed by 01/07/2026, with flexibility built in to adjust strategies annually based on the latest efficacy data and global health recommendations.

The primary features of Option C (Target contract) that might make it appealing include: 1. Cost Management Incentives: The cost-sharing arrangement encourages both the Consultant and the Employer to work together to manage and control costs, as any savings against the target are shared, as are any cost overruns. This can foster a collaborative approach to project management, aiming for efficiency and economy. 2. Flexibility in Dealing with Uncertainties: Given the broad range of projects within the worldwide vaccination program, from IT to Engineering, each with its own set of uncertainties, Option C provides a framework to manage these uncertainties collaboratively, adjusting the target as necessary while still aiming for cost savings. 3. Alignment of Objectives: By linking payment to performance against a target cost, the Employer and the Consultant‘s objectives are more closely aligned. Both parties aim to complete the work within the target cost to maximize their respective benefits, potentially leading to more innovative solutions and efficient project management practices.

The choice between payment options should be carefully considered based on several factors: 1. Risk Allocation: Option C places more risk on the Consultant for cost overruns but also offers the potential for reward if the programme comes in under budget. The parties need to agree on a fair sharing ratio that reflects the level of risk the Consultant is willing and able to accept. 2. Project Complexity and Uncertainty: The projects within the vaccination program are highly complex or variable in scope ranging from IT to Engineering, so Option C might offer a way to manage this uncertainty collaboratively. However, it requires both parties to have or develop a clear understanding of the potential costs and risks involved. 3. Administration and Oversight: Option C can require more rigorous project management and cost control processes, as well as mechanisms for regularly reviewing and adjusting the target cost. Both parties need to be prepared for the level of collaboration and transparency this requires.

However, Option E (Time based contract) allows for payment based on the time spent by the Consultant (Fenn Project Management Inc), so the Consultant may procrastinate and increase the cost for the Employer (Eron Task Foundation Inc.). 

Fenn Project Management Inc. will potentially negotiate the inclusion of certain Secondary Options based on a detailed risk assessment, discussions with the Eron Task Foundation Inc., and the strategic objectives of the Eron Task Foundation Inc.’s vaccination program.

Option X1 Price adjustment for inflation could protect both parties against inflationary pressures over the 5-year contract term, which is particularly relevant for long-term contracts with significant financial commitments. 

Option X2 Changes in the law could be relevant given the international scope of projects, where changes in legal regulations in one or more countries could impact project execution. 

Option X5 Sectional Completion could allow for parts of the programme to be completed and handed over progressively, which might be beneficial given the programme’s scale and diversity. 

Option X10 Employers Agent allows the Employer to appoint an “Employer’s Agent” to act on their behalf for certain matters under the contract. This can be particularly useful in complex projects where the Employer wishes to delegate the day-to-day administration of the contract to a third party, who may have specialized knowledge or skills, particularly in managing contracts, overseeing project delivery, and ensuring compliance with project specifications and standards. This is especially beneficial as the Employer does not have in-house expertise in managing large-scale projects. By delegating contract administration duties to an Employer’s Agent, the Employer can focus on core business activities, knowing that the programme is being managed by a professional. This can lead to efficiencies and potentially faster project completion times. An experienced Employer’s Agent can help identify and mitigate risks throughout the project lifecycle, from the initial planning stages through to completion and handover. This includes managing changes, controlling costs, and ensuring quality. The authority of the Employer’s Agent includes specifying which decisions the Agent is authorized to make on behalf of the Employer and which require direct Employer approval. Effective communication mechanisms must be established to ensure the Employer is kept informed of project progress and any issues that arise. While the Employer’s Agent can handle day-to-day matters, the Employer should still be involved in key decisions (Reference: What You Need To Know Before Hiring An Employer’s Agent | CBS (commercialbuildingsurveyors.co.uk)).

Option X12 Partnering is information which specifies how the Partners work together and is either in the documents which the Contract Data states it is in or in an instruction given in accordance with this contact. The Partners work together as stated in the Partnering Information and in a spirit of mutual trust and co-operation.

Option X18 Limitation of liability is crucial for defining and capping the liability of each party involved in the contract. This option can significantly impact risk allocation and financial exposure for both the Employer and the Consultant. For the Eron Task Foundation Inc.’s worldwide vaccination programme, considering the inclusion of Option X18 involves assessing the potential risks, liabilities, and the overall scale of projects. Establishing a clear limitation of liability can help manage the risks associated with a large-scale, complex projects like a worldwide vaccination programme. It provides both parties with a clearer understanding of their maximum financial exposure. Knowing that their liability is capped may encourage the Consultant to bid for projects. Option X18 can help balance the risks and rewards between the parties, ensuring that neither party is exposed to unlimited liability. This is particularly important in projects with high degrees of uncertainty or where the consequences of failure could be very costly. However, it’s essential to carefully consider the cap level to ensure it aligns with the projects’ scale, scope, and potential risks. Collaboration with legal and insurance professionals can aid in setting appropriate limits that protect the interests of both the Eron Task Foundation Inc. and the Consultant while ensuring the projects’ objectives can be met without undue financial risk to either party. Higher-risk projects, especially those in industries like construction, engineering, and IT, justify a higher liability cap because the potential for consequential losses is greater. For example, on IT projects, a bug or security flaw can have widespread implications, justifying a higher cap on liability.

Most professional service contracts, including those in the construction, engineering, and consultancy sectors, exclude the Consultant’s liability for indirect or consequential loss altogether. This exclusion is typically negotiated and included in the contract for several key reasons: 1. Excluding liability for indirect or consequential losses helps manage the risks and provides more predictability for Consultants, ensuring that they are not exposed to potentially unlimited claims that could arise from their services. This makes the risk more manageable and insurable. 2. Professional indemnity insurance policies, which are commonly held by Consultants, often do not cover indirect or consequential losses, or cover them under very specific conditions. Excluding such losses from liability aligns contractual obligations with the coverage limitations of typical professional indemnity insurance. 3. Excluding indirect or consequential losses acknowledges the Consultant’s role in providing expertise and services without holding them responsible for losses that are disproportionately large compared to the fee for their services or beyond their control. (What is a Limitation of Liability Clause | Zuva)

The Eron Task Foundation Inc.’s worldwide vaccination program involves a UK public sector organization, so incorporating Option Y(UK)3 The Contracts (Rights of Third Parties) Act 1999 can ensure that the contract aligns with legal obligations regarding information disclosure. Projects with significant public interest, especially those with health implications like a vaccination program, may benefit from the transparency and accountability mechanisms provided by adherence to FOIA (Freedom of Information Act) and EIR (Environmental Information Regulations). Option Y(UK)3 helps establish procedures and responsibilities for handling information requests, including clarifying how requests are managed between the Employer and the Consultant. This can be crucial for maintaining organized and legally compliant responses to public inquiries. While promoting transparency, Option Y(UK)3 also allows for the consideration of exemptions under FOIA and EIR, helping to protect sensitive or confidential information from disclosure where applicable. It’s important for contracts to outline how such information is identified and handled. Given the public health nature of The Eron Task Foundation Inc.’s projects, incorporating Option Y(UK)3 could be beneficial for fostering transparency and public trust, provided that projects fall within the jurisdiction of UK laws and involve a public authority or public funding. It’s essential to balance the commitment to openness with the need to manage sensitive information appropriately.

Information Commissioner’s Office (ICO) – the regulatory authority overseeing compliance, with whom either party may need to interact if there are complaints about the handling of information requests or decisions on disclosure.

Option Z Additional conditions of contract (Detailed Scope of IPM Services): Including but not limited to project planning, risk management, quality assurance, and stakeholder communication.

FPM’s contribution to ETF’s zero tolerance policy on corruption as defined by English Bribery and Corruption legislation on a worldwide basis

Corruption in health systems can rise to the top of the challenges pertaining to global health (Reference: Corruption in Health Systems: The Conversation Has Started, Now Time to Continue it – PMC (nih.gov)). Owusu et al. (2019) identify inadequate sanctions as one of the top five causes of corruption (Reference: Causal Factors of Corruption in Construction Project Management: An Overview | Science and Engineering Ethics (springer.com)).

The UK Bribery Act 2010 also prohibits UK companies from paying bribes overseas.

Strengthening financial supervision: Establish a sound and transparent financial management system, including the accuracy and completeness of financial records, tracking and monitoring of fund flows. Conduct regular financial audits and internal control assessments to ensure that financial activities are in compliance with laws, regulations and company policies, and to prevent misappropriation of funds.

Establishing a rigorous approval process: Establish a clear system of approval procedures and authority to ensure that all financial transactions and important decisions and expenditure of funds are subject to multiple levels of approval and signed off by those with the authority and responsibility. In addition, extra reviews and verifications should be conducted for project activities involving high risk or high amounts of funds.

Strengthening the culture of compliance: Establish a positive culture of compliance that emphasises the company’s values and ethical standards and incorporates them into daily work. Establish a positive ethical culture by rewarding honest and ethical behaviour and a zero-tolerance policy for non-compliance.

Strengthening oversight and transparency: Maintain transparency of project activities and regularly disclose project progress and use of funds to relevant stakeholders. At the same time, strengthen monitoring of partners and suppliers to ensure that they comply with contractual agreements and ethical norms.

Companies that care only about fines and sanctions imposed by regulators under laws and regulations, while ignoring the reputational penalties imposed by the market for corruption and bribery, can undermine the sustainability of their companies (Reference: Corporate Reputation’s Invisible Hand: Bribery, Rational Choice, and Market Penalties | Journal of Business Ethics (springer.com)). Therefore, companies’ views on penalties should not be limited to those imposed by legislatures and regulators.

Expected outcomes of the interview on April 4th in New York

Provide worldwide top up vaccination system consultancy for the UN based on Eron Task Foundations initial Vaccination protocol.

Assess the practicality and effectiveness of the vaccination protocol in different regions.

Validate the credibility and expertise of both organizations in the field of public health and project management.

Open up opportunities for future partnerships and collaborations.

Importance of adapting to the necessity for an annual booster

There is evidence that the protection obtained from COVID-19 vaccines wanes around 4-6 months after the primary series of vaccination has been completed. A booster dose should be taken to strengthen protection against serious disease.

Per WHO, booster doses should be considered for all COVID-19 vaccines. This thus applies to all vaccines currently available with the UN program.

People who received an autumn booster vaccine in 2022 were around 53% less likely to go to the hospital with Covid in the two to four weeks after getting vaccinated, compared to those who didn’t get a booster.

It may be indicated for certain at-risk populations such as elderly or immunocompromised individuals.

“A single annual Covid booster should provide a high degree of protection against serious illness all year.”

– Ashish Jha, the White House Covid response coordinator (Reference: White House signals most people will only need annual Covid booster (statnews.com))

References:

• Interim statement on the use of additional booster doses of Emergency Use Listed mRNA vaccines against COVID-19 (who.int)
• Covid autumn booster vaccine 2023: Everything you need to know – Department of Health and Social Care Media Centre (blog.gov.uk)
• White House signals most people will only need annual Covid booster (statnews.com)

International COVID-19 vaccination dataset updated each morning (London time)

https://ourworldindata.org/covid-vaccinations

Low income groups need our support with C19 vaccination!

Eron Task Foundation and Fenn Project Management’s joint efforts

Key features of Eron Task Foundation’s initial vaccination protocol

What shall we charge

Interview fee for April 4th – a fair lump sum fee that reflects the expertise and value provided by ETF and FPM. (Click to show details)

This fee should cover the preparation, presentation, and participation of key personnel in the interview process. Given the potential for future consulting opportunities, the fee should also account for the value of establishing a relationship with the UN and the potential for long-term collaboration.

Future consulting fees – a flexible fee structure linked to project management performance. (Click to show details)

• Initial consultation fee: This fee covers the initial consultation and assessment of project management needs and requirements. It allows us to understand the scope, objectives, and expectations of the project, and to provide proposals accordingly.
• Basic project management fees: The fees are charged on a monthly/quarterly/yearly basis, depending on the duration and complexity of the project. These fees cover ongoing project management activities, including planning, execution, monitoring, and control. £7.54 per vaccination (Reference: Updated: C-19 vacs – NHSE extends contracts until 31st August – Community Pharmacy England (cpe.org.uk)).
• Performance-linked fees: In addition to basic fees, performance-linked fees are tied to project outcomes and deliverables. These fees are contingent upon achieving predetermined milestones, targets, or KPIs, and uncertainties.
• Long-term cooperation discounts: Discounts are offered for long-term cooperation and commitment, rewarding clients for ongoing partnership and loyalty.

Terms and pricing discussion – aligning with the scope, market benchmarks, performance expectations. (Click to show details)

Our pricing structure is designed to be transparent, fair, and flexible, accommodating uncertainties and fluctuations in project requirements. We welcome further discussion and negotiation to finalize the terms and pricing that best meet your expectations.

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Negotiation Points as Questions

– Given the complexity of establishing a logistics network, would The Eron Task Foundation Inc. consider extending the key date for this condition to ensure thorough testing and quality assurance of the logistics operations?

– Considering the critical nature of the cold chain system for vaccine efficacy, can The Eron Task Foundation Inc. provide assistance in expediting the procurement process for specialized refrigeration equipment?

– To ensure comprehensive training for personnel, can we agree on a collaborative approach with The Eron Task Foundation Inc. to develop training materials that leverage the latest best practices in vaccine handling and distribution?

– Considering the critical role of IT systems in the vaccination program’s success, can we agree on a phased launch, where core functionalities are prioritized for the initial 180-day deadline, followed by additional features in subsequent phases?

– Given the uncertainties in long-term vaccine efficacy and booster requirements, can The Eron Task Foundation Inc. commit to an annual review meeting with Fenn Project Management Inc. and health experts to adjust strategies as needed?

– To support the scalable infrastructure requirement, would The Eron Task Foundation Inc. be willing to explore partnerships with technology and logistics companies for innovative solutions that can be scaled or adapted over time?

– For the monitoring and data analysis systems, is The Eron Task Foundation Inc. open to co-funding research or partnerships with academic institutions or tech companies to ensure access to cutting-edge data analysis tools and expertise?

– In light of the ambitious timelines for these key conditions, would The Eron Task Foundation Inc. be open to revisiting the project plan’s scope and timelines, should unforeseen challenges arise, to ensure the program’s objectives are not compromised? 

FAQs

1. https://www.gov.uk/government/publications/covid-19-vaccination-spring-booster-resources

Updated: C-19 vacs – NHSE extends contracts until 31st August

Any other questions will be answered by Eron Task Foundation & 3 PMs from Fenn Project Management. Our combined team will demonstrate our comprehensive knowledge and readiness to support the UN in managing the vaccination programme worldwide.