Ref. No. | Issue | Compliance with Guidance | Comments |
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Does the Contract Management Manual document the management systems devised to ensure the contractual deadlines relating to payment of invoices are met? Does the Authority monitor its own performance in relation to timely processing of invoices? | |||
Are the Authority's obligations in relation to delivery of Contract Waste and the associated management issues set out prominently in the Contract Management Manual? If the Authority is the WDA in a two tier area and/or in partnership with other WDAs does the Contract Management Manual highlight or refer to the relevant sections of the IAA? Do the management processes set out in the Contract Management Manual cover the interface with the other parties to the IAA? | |||
Does the Contract Management Manual set out procedures for the Authority to take prompt decisions about how to deal with Contract Waste in excess of the contractual maximum? | |||
Does the Contract Management Manual highlight the connection between the GMT provisions and the Payment Mechanism? | |||
Does the Contract Management Manual include contact details of the relevant waste officers in nearby WDAs and their Authorities' waste flows and contractual commitments and highlight the need to obtain legal advice before entering arrangements to source Top Up Waste? | |||
Does the Contract Management Manual address all the issues relating to the Contractor's obligations in relation to Substitute Waste and the sharing of any excess income? | |||
Does the Contract Management Manual include a clear procedure to be followed when a WCA is planning to make a change to the initial WCA collection arrangements (the WCA Baseline) defined in the Contract? Are there arrangements in place to ensure the WCAs are all aware of the procedures? | |||
Does the Contract Management Manual provide a clearly written and accessible definition of Ad Hoc Waste and set out how each type of Ad Hoc Waste will be treated? | |||
The Contract Management Manual should provide a clear reference to the relevant clauses in the Contract in the event that the Contractor makes a claim for relief, and set out the procedure to be followed - is this the case? | |||
Does the Contract Management Manual provide signposts to all the contractual obligations on the Contractor in relation to the delivery of the Services? | |||
Does the Contract Management Manual include a procedure for documenting any agreements with the Contractor regarding the interpretation of the Performance Management System? | |||
Does the Contract Management Manual include a procedure for documenting changes to the Service Delivery Plans agreed with the Contractor? | |||
Does the Contract Management Manual set out the measures the Authority has put in place to ensure that the Contractor discharges its obligations in relation to Quality Management Systems (including the obligation to appoint a Quality Manager and to maintain and audit the quality assurance system)? | |||
Does the Contract Management Manual document procedures for assessing whether the Contractor is providing the Service in a manner consistent with its contractual obligations and record the contact details of the Contractor's member of staff nominated to deal with health and safety issues? | |||
Does the Contract Management Manual highlight the precise definition of an Emergency and detail any agreements with the Contractor in relation to the appropriate response to events falling within the definition of Emergency? | |||
Does the Contract Management Manual highlight the need for the Contract Management Team to challenge any diminution of the security measures by the Contractor which they consider premature? | |||
Does the Contract Management Manual include a process map setting out the Authority's internal procedures relating to the checking of invoices, the raising of queries and the payments of the amount due? | |||
Does the Contract Management Manual include clear procedures for identifying disputed amounts promptly and raising the dispute with the Contractor within the time limits set out in the Contract? Does the Manual set out who on the Authority side should decide whether to withhold any disputed amount or to pay upfront and then seek to recover interest on the overpayment? | |||
Does the Contract Management Manual set out procedures that ensure sufficient expertise is applied to checking every aspect of the annual indexation calculations submitted by the Contractor? | |||
Does the section in the Contract Management Manual setting out procedures in relation to payment of invoices highlight the right of set off? | |||
Does the Contract Management Manual include agreed procedures for updating the Payment Mechanism when required? | |||
Are the systems for monitoring performance integrated with the systems for checking invoices and making payments as and fully documented in the Contract Management Manual? | |||
Does the Contract Management Manual include appropriate procedures to ensure utility costs and NNDR and any other regular payments other than the Unitary Charge are paid for according to the Contract? | |||
Does the Contract Management Manual include appropriate procedures for payments relating to landfill costs as a sub-element of the section dealing with the Payment Mechanism? Does it also highlight the need to alert the Authority's Finance Department as soon as possible regarding the impact of any changes in the tax rate? | |||
Does the Contract Management Manual provide a reference to the relevant sections of the Contract and set out the procedures for dealing with the annual reconciliation process? | |||
Does the Contract Management Manual highlight the need for the Contract Management Team to ensure any amounts claimed by the Contractor in respect of VAT are actually payable by the Authority under the Contract? | |||
Does the Contract Management Manual document the system the Contract Management Team should follow in relation to reviewing the Contractor's monitoring reports and the direct monitoring of performance? | |||
Does the Contract Management Manual highlight the fact that, as the Authorised Process Regulator, the EA will monitor the plant's emissions performance on a regular basis to assess whether it is complying with its Environmental Permit (EfW facilities only)? | |||
Does the Contract Management Manual highlight the need to enforce the contractual position in relation to deductions and include procedures for reminding the Contract Management Team of this point at regular intervals? | |||
Does the Contract Management Manual provide a clear reference to the full definition of Excusing Causes and the time limit for the Contractor to make a claim for relief? | |||
Does the Contract Management Manual clearly state the cap on deductions and set out which deductions are subject to the cap? Is that cap built into the logic of the payment spreadsheet? | |||
Does the Contract Management Manual highlight the definition of Relief Events and include procedures for ensuring the staff responsible for checking claims for relief fully understand the definition and contractual provisions relating to Relief Events? | |||
Does the Contract Management Manual include an up to date Business Continuity Plan capable of being deployed at short notice during a period of pressure? Are there procedures for reviewing the Plan at least annually to assess the end for any update? | |||
Does the Contract Management Manual highlight the risks involved and set out the approval process for any decision by the Authority to exercise its Step In rights? | |||
Is the exact wording of the contractual definition of Contractor Default included in the Contract Management Manual together with the internal procedures to be adopted if it appears likely that a Contractor Default may arise? Does the Manual set out how the resources implications of a Contractor Default will be managed? | |||
Does the Contract Management Manual include a section on Persistent Breach that sets out the definition of a relevant breach and highlights the need to seek input from the Legal Department? | |||
Does the Contract Management Manual highlight the need to seek input from the Legal Department as soon as it appears a possibility that an event of Force Majeure has happened or will happen and include appropriate references to the Authority's business continuity procedures? | |||
Does the Contract Management Manual highlight the obligation on the Contractor to confirm certain details of third party or off-take contracts with the Authority and include procedures for assessing whether the Contractor is complying with its contractual obligation? | |||
Does the Contract Management Manual include comprehensive procedures for checking each aspect of the calculation of the Monthly Payment including any deduction for a Third Party Income share and for investigating an unexplained reduction? | |||
Does the Contract Management Manual provide a clear reference to the parts of the Contract dealing with the sharing of electricity and/or heat revenues and set out procedures for confirming that the Authority is receiving the benefit of any shares to which it is entitled? | |||
Are the arrangements for the Contract Management Team to monitor Third Party Income sharing set out in the Contract Management Manual? | |||
Does the Contract Management Manual highlight any profit share arrangements not integrated into the Payment Mechanism and allocate responsibility for reviewing the periodic calculations to a specified member of the Contract Management Team? |