1. The subcontract template

2. The Subcontractor Contract & EPA Contract
Particulars
Terms
Schedule 1
- Programmes
Schedule 2 -
Mandatory Policies

3. Subcontract Particulars – Options

4. Repeat Services Ordering Additional Subcontracted Services
Where indicated in the Subcontract Particulars, this clause 5 shall have effect.
5.1 Prior to the Expiry Date you can request that additional Subcontracted Services be delvered by the Subcontractor in accordance with this clause 5.
5.2 After discussions, you request either:
5.2.1 the provision of all or part of the Subcontracted Services set out in Schedule 1 (a Repeat Services Request) with clause 5.3; or
5.2.2 the development of a new programme of training 5.4 (a New Services Request).
5.3 Repeat Subcontracted Services
5.3.1 a written Repeat Services Request saying which of the Subcontracted Services set out in Schedule 1 that it wants to be repeated and the Subcontractor prepares an updated programme of Subcontracted Services (a UPSS) within 10 days
5.3.4 A UPSS that has been executed by both parties is incorporated into Schedule 1.
5.4 New Subcontracted Services
5.4.1 You write a New Services Request to request the development of a new programme of training (an NPT) then the provider within 20 Business either declines to offer the requested Training; or submits an NPT (Schedule 1)
5.4.4 An NPT that has been agreed by both parties forms part of the Subcontracted and is added to Schedule 1.

5. Subcontract Template Schedule Definitions and Interpretation
Same document as is set out in Schedule 1 of the Employer Agreement
Filled in for each apprenticeship programme and each costs schedule tailored appropriately.
multiple programmes under the same contract needs multiple schedules
The differences between this and the Training Provider/Employer template are:
Employer name needs to be inserted
If the Subcontractor is delivering functional skills training, this needs to be included in row 15
Costs schedule only includes Subcontractor Fees.
Payment schedule on invoice as agreed between the parties  
Definitions and Interpretation
ESFA Contingencies
Force Majeure
Liabilities and Insurance
Insurance
Safeguarding
Health and Safety
Confidentiality
Intellectual Property
Data Protection and Freedom of Information
Equality Legislation
Contract Variation
Change Protocol
General

6. Subcontract Template Funding Rules / Terms
Must specify the following (para 142)
They must keep to the funding rules.
They must provide you with ILR data so that your data returns accurately reflect delivery information.
They must give ESFA and any other person nominated by ESFA access to their premises and to all documents related to their delivery of apprenticeships.
They must give you sufficient evidence to allow you to:
assess their performance against the requirements of the QAA Quality Code
incorporate the evidence they provide into your self–assessment report
guide the judgements and grades within your self-assessment report
They must always have suitably qualified staff available to provide apprenticeship training and/or on-programme assessment.
They must co-operate with you to ensure that there is continuity of learning for apprentices if the subcontract ends for any reason.
They must tell you if evidence of irregular financial or delivery issues arises. e.g. sanctions imposed by an awarding organisation, not meeting relevant QAA Quality Code indicators, allegations or complaints by apprentices, employers, staff members or other relevant parties.
They must not use your funding to make bids for, or claims from, any European funding on their own behalf or on our behalf or use payments made as match funding for ESF projects.

7. Schedule 1

8. The Template - Schedule 1

9. The Template - Schedule 1

10. Subcontracting monitoring in practice
You must carryout a regular and substantial programme of QA checks visits at short notice to ensure high quality delivery that meets the ESFA funding rules
You must make arrangements if subcontract circumstances change e.g. liquidation
Check that ILR returns are made on time, funding is claimed (and paid to subcontractors) on time
Hold regular reviews and document actions arising – confirm apprentice exists
Hold file checks that paperwork matches ILR and apprentices exist and are eligible – i.e. are meeting Funding Rules
observation of initial guidance, assessment and delivery of training and/or on-programme assessment
Face to face interviews with staff and apprentices

11. Managing Subcontractors In Practice
Regular (monthly) reviews
review of forecast volumes, ILR data returns, progress
You must make sure these meetings and reviews take place
Document actions, circulate and follow up
Check paperwork matches ILR - conduct a sample file review
check dates, values, eligibility, incl employer provider/ connected company
Check that ILR returns are made on time, funding is claimed (and paid to subcontractors) on time
Termly visits to observe delivery across the portfolio of delivery:
Quality of guidance, teaching and learning
Embedding of safeguarding and PREVENT
This all applies to employer providers - you are still responsible and accountable