——— question: “14. Diverse. 14.3. Does the Contracts (Rights of Third Parties) Act 1999 apply outside the UK? Answer: The Contract is governed by English law, regardless of the nationality of the parties, so the provision applies outside the United Kingdom. There is no equivalent provision in the Memorandum of Understanding. [CA]. The TCA was intended to provide a mechanism for appointing a consortium to provide a specific set of work. A consortium is a set of individual organizations that execute the work package, each of which is a member of the consortium. Memorandum of Understanding (“MoU”). The MoU will ensure an appropriate relationship between the SKA organisation and the consortium members; It defines among themselves their respective roles and obligations, including all obligations (as specified in the work package specifications) and the formal adoption of the SKA Organization`s IP policy by the consortium members. The draft Memorandum of Understanding can be found here – MoU (pdf) / MoU (docx). The SKA organization will be a party of softs. A page on the SKA website will be set up to receive and respond to questions and comments about the Memorandum of Understanding.

——— question: “The reason for a consortium agreement, including SKAO, is that VAT issues relating to intellectual property are then satisfactorily covered. Can this aspect not be the subject of a separate agreement on intellectual property, with a second internal agreement between the members of the consortium regulating their joint activities? Consortia are responsible for providing products with minimal instruction from SKAO and, to be consistent, it can be argued that the SKA organization should also give them responsibility for managing their own affairs. “Response: The reason for the letter of intent is to ensure that there is an appropriate relationship between the SKA organisation and the consortium members, defining their respective roles and obligations with each other, including all obligations and their formal acceptance of the Intellectual Property Directive. [Memorandum of Understanding]. Consortium members must enter a certification body to manage their own business. The SKA organization will not be a party to such CAs. [CA]. ——— question: “We are surprised that the draft consortium agreement is not a supply-driven agreement between the parties – the consortium (as `seller`) and SKAO (as `customer`) – to deliver the xxxx work package (`product`).” Response: The Letter of Intent is a delivery-oriented agreement with specific services that are appropriate for the respective work package and that are defined in the attached service description. [Memorandum of Understanding]. ——— question: “11.

Governance. 11.1. Is the WP Manager the same as the WP Leader? There is no definition for managers. Question: “11. Governance. 11.1 (a) (ii) Work Package Manager: This is not yet defined and needs to be clarified. Is he the leader of the work package? Question: “11. Governance. 11.1. This is contrary to Article 7, in which the tasks assigned to the work package manager are identical to those of the work package consortium leader. He should be the leader of the WP consortium.

There is a similar inconsistency between the RFP document, section 6, first intum, and the document “Declaration of work”, section 4.1, point 2. Response: The Statement of Work requires a “Consortium Project Manager” as the only contact with the SKA organization. Instead of “Work Package Manager”, the term “Consortium Project Manager” should have been used. The consortium may choose to select a consortium leader of work packages to manage internal affairs. [CA]. ——— question: “As the consortium`s planning discussions progress seriously, we would appreciate clarification on how the SKA intends to formally commission the STEM work and ensure delivery within the framework. » Answer: For each work package, the SKA organization will enter into a Memorandum of Understanding with the consortium members responsible for providing that work package. .