In circumstances where the facility transfers from the Contractor to the Authority at the end of the Contract (either with or without an extension to the original term) the Authority will need to ensure it, or its newly appointed operating Contractor, is in a position to operate the facility. In addition to legal ownership of the facility there will be a need for the transfer of:
a) documents (including operating and maintenance manuals);
b) other information (including that relating to staff);
c) legal rights through the assignment of Contracts;
d) intellectual property rights;
e) staff (see Section 8.2.7 below);
f) equipment (see Section 5.9.3 above); and
g) the environmental permit.
Whilst the Contract should specify all the relevant transfers the precise list of items falling under each heading and the practical arrangements will need to be thought through well in advance and agreed between the Contractor and the Authority. This will be a major task and amount to a project in its own right. Therefore the Contract Manager should make sure appropriate project management processes are put in place from the outset. The Contractor may have an obligation under the Contract to cooperate with the Authority but this does not preclude the need for good communications with the Contractor during this period. Consideration should be given as to whether the arrangements for liaising with the Contractor need to be amended accordingly.
More generally consideration should be given to managing communications with all relevant stakeholders during this transitional period.