Soft FM Contractor (also known as Soft FM Sub-contractor) meaning

In practice, the Soft FM Contractor (also known as the Soft FM Sub-contractor) is the service provider engaged by Project Co to deliver soft facilities management services (for example cleaning, catering, security, waste, reception and grounds maintenance) under a PFI/PPP, DBFM or outsourcing arrangement. The expression is not defined in statute or case law; it is a descriptive contractual term used consistently across England and Wales, Scotland, Northern Ireland and Ireland. Typically appointed under an FM Services Sub-contract (or Soft FM Sub-contract), with obligations passed down from the Project Agreement, including service levels and KPIs, reporting, health and safety and safeguarding. Performance risk is commonly linked to the payment mechanism, with deductions for non-performance. The contract will usually address TUPE (or the Irish transfer regulations), pensions, workforce information, data protection and insurance. Security for performance, step-in and termination rights, collateral warranties or third-party rights in favour of the Authority and lenders, and direct agreements are standard. The Soft FM Contractor must interface with any Hard FM Contractor and the construction contractor to coordinate service delivery and availability requirements. Usage and legal effect are broadly consistent across the UK and Ireland, subject to local TUPE regimes and procurement rules.