Under the WIDP Contract (Clause 43 and Schedule 21) the Contractor has the right to request a Change to the Works, Facility and/or Services (within the limits set out at paragraph 2 of Part 1 of Schedule 21). Schedule 21 (Change Protocol) details the matters that the Contractor should address in its Change Notice, and sets out a process for agreeing or declining any such request.
The Contract Manager should be aware that the Authority must consider the Contractor's Change Request in good faith: it cannot simply ignore it in the belief that it will be deemed to have been rejected or withdrawn after a certain delay. Having considered the Change Request, the Authority may reject it at its absolute discretion, unless it relates to a Change in Law. The Contract Manager should be mindful that all aspects of the Contractor Change need to be considered including, but not limited to, the impact on:
• market testing and benchmarking;
• changes in law;
• different technology configurations and outputs;
• different operational processes;
• potential adjustments to the maintenance fund; and
• the reputation of the Parties.