RTMC Model Conditions of Contract - Highways Agency

More documents

Recommendations

Info

Regional Technology Maintenance ContractConditions of ContractClause Z15Appointment of AdjudicatorZ15.1 The Adjudicator’s appointment under the NEC3 Adjudicator’s Contract(June 2005) includes the following additional condition of contract“The Adjudicator complies, and takes all reasonable steps to ensure thatany persons advising or aiding him comply, with the Official Secrets Act1989. Any information concerning the Contract obtained either by theAdjudicator or any person advising or aiding him is confidential, and maynot be used or disclosed by the Adjudicator or any such person exceptfor the purposes of this Agreement.”Clause Z16Quality ManagementZ16.1 The Contractor operates a quality management system which• complies with the requirements of ISO 9001:2008,incorporates anenvironmental management system consistent with ISO 14001,• includes Processes for delivering continual improvement followingthe guidance in ISO 9004,• has third party certification for the service to be provided underthis contract from a UKAS approved accreditation body or isoperating in preparation for accreditation within 12 months of theContract Date and• complies with good industry practiceZ16.2 The Quality Plan incorporates the Quality Statement and is sufficientlydetailed to demonstrate how the Contractor will achieve each of thecommitments in the Quality Statement and meet the requirements ofthis contract. The Contractor keeps a controlled copy of the QualityPlan available for inspection by the Employer and his representatives(including the Service Manager) at all times.Z16.3 The Service Manager notifies the Contractor if he considers that theQuality Plan does not comply with the requirements of this contract.Following such notification the Contractor reviews the Quality Plan andreports to the Service Manager setting out his proposed changes. If theService Manager accepts the proposals, the Quality Plan is changed.Z16.4 The Contractor may submit to the Service Manager proposed revisionsto the Quality Statement for acceptance within the period for reply. Areason for not accepting the proposed revision is that• it will not enable the Contractor to meet a PerformanceRequirement,• it will unacceptably increase the risk of failure to meet aPerformance Requirement,• it will not enable the Contractor to achieve the level ofperformance specified in the Quality Statement or• it will unacceptably increase the risk of failure to achieve the levelof performance specified in the Quality StatementThe Quality Plan is not changed without acceptance by the ServiceManagerRTMC CoC, Issue 1, Rev 0 July 2011
Regional Technology Maintenance ContractConditions of ContractZ16.5 An agreed revision to the Quality Statement is not a compensation eventClause Z17Audit, Quality Management Points and Correction of NonconformitiesZ17.1 The Contractor carries out a programme of internal audits in accordancewith the requirements of ISO 9001. The Contractor notifies the ServiceManager of the internal audit dates and makes provision for the ServiceManager and Employer to attend. The Contractor supplies the ServiceManager with copies of all internal audit documentation includingreports and action plans.Z17.2 The Employer or Service Manager may carry out audits of theContractor’s quality management system from time to time. TheContractor allows access at any time within working hours to any placewhere he or any Subcontractor carries out any work that relates to thiscontract for the Employer or Service Manager to carry out audits, toinspect work and materials and generally to investigate whether theContractor is performing his obligations under this contract. TheContractor provides all facilities necessary to allow such audits andinspections to be carried out.Z17.3. Following notification of a nonconformity or Defect, the Contractorsubmits to the Service Manager for acceptance the corrective andpreventative action that he proposes to take to deal with thenonconformity. The Contractor does not take action to deal with thenonconformity until the Service Manager has accepted his proposalsZ17.4. Within one week of the Contractor submitting the proposed correctiveand preventative action to him for acceptance, the Employer eitheraccepts the proposal or notifies the Consultant of his reason for notaccepting it. A reason for not accepting the proposed action is thatit does not take action required to ensure that nonconformities do not recurorit does not comply with this contractthe time for completing the corrective and preventative action will hinder theEmployer or Others.Z17.5 If the Service Manager does not accept the proposed action, theContractor submits a revised proposal to the Service Manager foracceptance within one week.Z17.6 The Contractor corrects nonconformities and takes action to eliminatethe causes of actual or potential nonconformities within a time whichminimises the adverse affect on the Employer or Others and in anyevent before carrying out any operation the same or similar as that inrespect of which the nonconformity occurred.Z17.7 The Contractor notifies the Service Manager when the proposed actionshave been taken and provides with his notification verification that thedefective part of the service has been correctedZ17.8 Quality Management Points are points accrued by the Contractor inaccordance with the Quality Table. Quality Management Points accruefor the failures listed on the Quality Table whether arising from an auditRTMC CoC, Issue 1, Rev 0 July 2011
Page 1 and 2: Highways AgencyRegional Technology
Page 3 and 4: Regional Technology Maintenance Con
Page 27: Regional Technology Maintenance Con

RTMC Model Conditions of Contract - Highways Agency

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?