Ref. No.

Issue

Compliance with Guidance

Comments

8.1

Does the Contract Management Manual make it clear that additional legal input should be sought as soon as termination is under consideration?

8.2.1

Does the Contract Management Manual set out the processes and procedures for developing a Contract Expiry Plan well before expiry?

8.2.2

Are procedures set out in the Contract Management Manual which highlight the importance of agreeing and logging any changes to the expiry date as and when they arise?

8.2.3

Does the Contract Management Manual make it clear that when considering whether to extend the Contract, the Authority must consider the procurement law implications, and the commercial implications?

8.2.3

Does the Contract Management Manual make it clear that the Authority should have a genuine choice between extending the Contract and procuring a new one?

8.2.8

The Contract Management Manual should list those parts of the Contract that will continue to apply after expiry, and state how these will be managed - is this the case?

8.3

Does the Contract Management Manual state the significance of a decision to terminate the Contract early, and the fact that a decision to terminate should be made by the same decision making body as that which decided to enter into the Contract?

8.4

The Contract Management Manual must document procedures that ensure that the Authority does not lose the right to break the Contract simply by virtue of missing the deadline for notifying the Contractor - is this the case?

8.5

Does the Contract Management Manual specify robust arrangements that mitigate the risk that invoices are not paid by the Authority on time, or waste is delivered in such a way as to prevent the Contractor performing its obligations under the Contract?

8.6

The Authority's Finance Department should be involved in the decision whether to terminate the Contract for Force Majeure - does the Contract Management Manual stipulate this?

8.7

Does the Contract Management Manual address scenarios where the first application for planning permission is refused?

8.8.1

Are there procedures documented in the Contract Management Manual which monitor whether the Contractor may trigger, or is actually in, Contractor Default?

8.8.3

Does the Contract Management Manual state that elements of the definition of Contractor Default may be subject to rectification periods?

8.8.4 & 8.8.5

Does the Contract Management Manual make it clear that additional legal resource will be required when terminating for Contractor Default?

8.9

The Contract Management Manual should cover early termination for corrupt gifts and fraud, and breach of the refinancing provisions - is this the case?

8.10

Does the Contract Management Manual detail what should happen if a Contract becomes unenforceable due to a decision of a Court following an application for judicial review or an audit review?