1. EPA SUBCONTRACT TEMPLATE Overview September 2017
Rebecca Rhodes, Senior Associate, UVAC

2. Documentation request the template from uvac@bolton.ac.uk

3. Professional Discussion
EPA process
Assessment Organisation added to the RoEPAO
Employer selects organisation from the RoEPAO and informs provider
Provider & assessment organisation agree working arrangements & provider formally contracts with organisation
Assessment organisation delivers EPA & applies for certificate
Assessment organisation receives final payment via provider
Professional Discussion
If y

4. EPAO
EPAOs must be carried out by organisations registered on the register of end-point assessment organisations for the specific apprenticeship
Option to add additional apprenticeships OR to contract EPA by EPA, Programme by Programme
Different agreement because the EPAO is not a full service subcontractor
Assessments will either be delivered by an independent third party or in such a way that no party who has been involved in delivery of the apprenticeship can make the sole decision on competence and passing the end-point assessment.
Employers will use the Register to select an organisation to undertake end-point assessment for them.
Employers determine which organisation they will select and the process for selection.
The lead training provider will contract with the end-point assessment organisation, on behalf of the employer.
End-point assessment is separate to any qualifications or other assessment that the apprentice may undertake during training.
You retain the relationship with the employer at all times
You must pass information about the Apprentice to enable the Certificate to be ordered

5. EPAO An end-point assessment organisation must:
have current and relevant occupational experience of the standard
have relevant assessment experience and expertise
have expertise and capacity to design, develop and deliver the EPA methods as set out in the assessment plan
promote itself to employers to support informed employer choice
robustly manage conflicts of interest
undertake eligibility checks prior to apprentice undertaking EPA
directly deliver EPA
notify employer of the outcome of EPA
apply for the apprentice certificate on behalf of the apprentice
provide Quality Assurance of their activity
adhere to EQA requirements.

6. Structure Definitions and Interpretation Commencement and Duration
Training Provider Obligations
AAO Obligations
Ordering Additional End-Point Assessment Services
Repeat End-Point Assessment Services
Fees and Payment
Termination
Consequences of Termination
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

7. Contract Particulars

8. The contract terms

9. Your Obligations
3.1 The Training Provider shall manage the delivery of Training to Employers and the Apprentices:
3.1.1 using reasonable skill and care;
3.1.2 in compliance with the Funding Rules;
3.1.3 in compliance with the Law and associated codes and guidance from time to time in force.
3.2 The Training Provider shall carry out the actions allocated to it in the End-Point Assessment Programme and provide the AAO with sufficient information to enable End-Point Assessment to take place.
3.3 If the EPAO meets their obligations set out in clause 4 you the Training Provider shall use its reasonable endeavours to recover sums in respect of the Fees from the ESFA and/or the relevant Employer under the Employer Agreement (as the case may be).

10. Your Obligations
Fees and Payment
6.1 You shall pay the Fees to the AAO that you collect from the ESFA or Employer
6.2 They invoice you to whatever plan you agree (or if not agreed, on a monthly basis). Subject to clause 6.1, you pay within 30 days
6.3 The fees are exclusive of VAT. In the case of any VAT for the EPA this is incorporated into the fees.
6.4 ‘Without prejudice to the rights of either party under this agreement, any sums that remain unpaid after their due date shall bear interest at the rate of four per cent (4%) above the Bank of England base rate from time to time’.
A range of additional costs can be included in the fees

11. EPAO Obligations Dispute Resolution
7.1 serve written notice on the other stating the nature of the dispute
7.2 After service of the Dispute Notice
7.2.1 within five 5 days, meet to attempt to settle the dispute
7.2.2 after 21 days from the date of service of the Dispute Notice, the appropriate senior meet within the following 14 days to attempt to settle the dispute; and
7.2.3 following 56 days the parties appoint an independent mediator via CEDR - costs shared equally.
7.3 courts.

12. Disputes
Termination
8.1 terminate with immediate effect by written notice to the other party if:
8.1. material breach occurs and (if such breach is remediable) failure to remedy within 30 days after being notified in writing to do so;
8.1.2 repeated breaches ‘in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement’
Consequences of Termination
9.1 End of obligations except:
9.2 Express continuation e.g. clause access to documents, apprentices etc required to comply with Funding Rules .
9.3 Return of equipment, documents, information or materials used in connection with the EPA and
9.4 each party shall cooperate in good faith to ensure continuity of assessment such that no Apprentice is materially disadvantaged by the termination of this agreement.

13. Checks An end-point assessment organisation must not:
promote its service to employers unless it is on the RoEPAO
Change the approach to and delivery of EPA as set out in the assessment plan
deliver end-point assessment to non-apprentices
delegate end-point assessment to a provider
deliver the learning elements to the same apprentice

14. The Programme Template
Schedule 1
This will need to be filled in for each apprenticeship programme and each Fees schedule tailored appropriately.
Where multiple programmes of End-Point Assessment Services are being provided under the same contract, multiple End-Point Assessment Programmes will need to be inserted]
Schedule 2
Mandatory Policies

15. The Template - Schedule 1

16. Questions
Please use the questions facility to add your feedback and comments about the webinar Any scenarios? - please me