Compliance
Demonstration

Compliance Demonstration is an approach to Delivery, Performance and Compliance Monitoring whereby:

• The Contractor is responsible for demonstrating to the MOD that the Contractor is compliant with its obligations, roles and responsibilities under the Contract.

• The Contractor is thereby obliged to devise a detailed Compliance Demonstration plan, carry out the Compliance Demonstration activities set out in the plan, and providing MOD with the evidence of compliance and/or the extent of compliance;

• The MOD has the right to examine evidence and audit supporting data/information in order to verify the Contractor's compliance;

• The MOD does not 'accept' the outputs of the Contract but relies on the Contractor's demonstration of compliance against the Contract;

• The MOD relies on contractual remedies if the Contractor's Demonstration shows that its delivery, performance and compliance is inadequate.

Contract
Management &
Liaison Structure

The Contract Management & Liaison Structure is the organisation structure of liaison arrangements and meetings between the MOD and the Contractor from day-to-day liaison to the annual meetings.

Contract
Management
Requirements

Contract Management Requirements are the requirements and obligations set out in the Contract that enable the Authority to ascertain whether the Contractor is successfully delivering, performing or is otherwise compliant with the Contract and includes:

• management information;

• data (including incurred cost data);

• project management information and progress reports (including Earned Value Management reports, test results etc.); and

• certificates, licences, warranties and consents.

Contract Management Requirements should set out 'what' data, information, reports and evidence is required, their scope, content and format and delivery requirements.

Contract
Management
Team
Delivery, Performance
and Compliance
Measurement &
Monitoring

The Contract Management Team is the MOD-side team with primary responsibility and authority for liaison with the Contractor and the management of the Contract.

Delivery, Performance and Compliance Measurement & Monitoring is the arrangements for monitoring the Contractor's delivery, performance and compliance against the Contract, and includes:

• the provision of progress reports and documentation to demonstrate:

• progress towards the achievement of project milestones; and

• the achievement of anchor milestones.

• acceptance and rejection procedures for the outputs of the Contract;

• the procedures for verifying whether the Contractor qualifies for payment;

• the testing, inspection and audit of the outputs of the Contract and any associated data/information regarding the functional performance of the outputs;

• Key Performance Indicators, their measurement and the method of verification;

• the provision of evidence as to compliance with regulations and standards (including Quality, Health & Safety, Sustainability, Environmental Protection, Insurance, Intellectual Property);

• the provision of evidence by the Contractor to demonstrate their ongoing ability to meet the requirement.

Key Dates

Key Dates refers to all dates and timescales expressed in the Contract where:

• the MOD has to make a decision (e.g. in respect of payment or acceptance); or

• the MOD has to provide GFA;

• the Contractor has to deliver/provide an output (e.g. data/information, a report or other deliverable);

and includes the events that trigger any such dates or timescales (e.g. within 10 business days from delivery the MOD shall confirm acceptance or reject the Articles).

Key Decisions

Key Decisions refers to the decisions that MOD has to make in accordance with the terms of the Contract, or, decisions to exercise MOD's rights under the Contract, including:

• the acceptance/rejection of deliverables;

• granting the Contractor concessions/waivers from compliance with the Contract;

• applying remedies/Liquidated Damages;

• issuing notices of non-compliance or default;

• handling contractual and extra-contractual claims from the Contactor;

• raising or handling disputes under the contractual Dispute Resolution Procedure;

• issuing notices of Termination (inc. any warning notices);

Related Contracts

Related Contracts refers to any other MOD Contract and their performance or outputs:

• that affect the delivery, performance and compliance of the Contractor under the Contract (e.g. where the Contractor depends on Government Furnished Assets (GFA) supplied by other MOD Contracts); and/or

• that depend on the delivery, performance and compliance of the Contractor under the Contract (e.g. where the Contractor is responsible for goods and services that constitute GFA to another Contractor); and/or

• that, when taken together with the performance or outputs of the Contractor under the Contract delivers a capability (e.g. the infrastructure outputs plus the equipments outputs delivers a defined military capability).