Request
I kindly request, under the Freedom of Information Act, the full text of the following contract:
Energy Recovery Facility (‘ERF‘) Construction Works Including all Buildings, Infrastructure and Works for the North London Heat and Power Project (‘NLHPP’): https://ted.europa.eu/en/notice/-/detail/125906-2022
If it is not possible to provide the full text of the following contract, I would kindly appreciate the following details instead.
The details I am interested in are :
- What is the full contract scope of construction work for the ERF plant, including whether it covers design, engineering, procurement, construction, commissioning, or any other related activities?
- What are the deliverables outlined in the contract, such as project documentation, detailed designs, installation of equipment and systems, on-site construction work, testing, commissioning and handover, as well as operational training for the facility or other?
- How many tons of waste per year the facility is capable of processing?
- What are the details on the payment terms outlined in the contract, specifically regarding any milestone-based payments, advance payments upon contract signing, bank guarantees, and whether price adjustments are allowed under approved change orders detailing cost and schedule impacts?
- What are the project timelines and key milestones outlined in the contract?
- What are the details on any guaranteed outputs that must be met under the contract, specifically regarding the required waste processing capacity (in tons per year), compliance with emission limits, and the electricity production and efficiency levels the facility must achieve?
- What are the details on the provisions regarding the testing and commissioning process outlined in the contract, including any performance guarantees to be validated and the provisions for rectification at the contractor’s expense in case of failure to meet performance criteria?
- What are the details on the contractor's responsibilities outlined in the contract, including responsibility for design errors, delays, and compliance with performance requirements, as well as obtaining necessary approvals for construction and operational permits, and managing the disposal of waste generated during construction while ensuring environmental compliance?
- What are the details on the employer's responsibilities outlined in the contract, including ensuring site access, providing necessary utility connections (such as electricity and water), and facilitating regulatory permits and approvals or other?
- What are the contract details regarding the warranties and defect liability provisions outlined in the contract, including the warranty period, the contractor’s responsibility for rectifying defects, and any provisions for the employer to undertake repairs at the contractor’s expense if defects are not rectified within a reasonable timeframe?
- What are the details details regarding the liquidated damages and penalties outlined in the contract, including penalties for delays in meeting contractual milestones or delivery deadlines, penalties for shortfalls in waste processing capacity, energy efficiency, or emissions compliance, and the maximum cap on total penalties or toher?
- What are the details regarding the site preparation responsibilities outlined in the contract, including the contractor’s obligations for all preparatory work, such as establishing temporary facilities, constructing access roads, and setting up utilities and other?
- What are the details regarding the employer's responsibility to ensure the availability of water, electricity, and other essential utilities during construction?
- What are the details regarding the environmental and safety compliance laws, guidelines, and other regulations that apply to the contract?
- What are the details regarding the safety measures the employer must comply with under the contract?
- What are the details regarding the intellectual property and confidentiality provisions outlined in the contract, including the ownership of all design documentation and project deliverables by the employer, and the contractor's responsibility to provide all required licenses for software, equipment, and processes?
- What are the details regarding the governing law and dispute resolution provisions outlined in the contract, including any provisions related to mediation or international arbitration arising from disputes?
- What are the details regarding the contractor's insurance obligations outlined in the contract, including construction all-risk insurance, professional liability insurance, employer’s liability insurance, and the requirement for insurance policies to remain valid throughout the project duration?
- What are the details regarding the change management provisions outlined in the contract, including the requirement for documenting and approving all changes to project scope, schedule, or costs in writing, and the contractor's obligation to provide detailed estimates of the impact of proposed changes?
- What are the details regarding the training provisions outlined in the contract, including the contractor’s responsibility to train the employer’s operational staff before handover?
- What are the details regarding the handover process outlined in the contract, including any phased handover stages?
Response
We can confirm that North London Waste Authority (the "Authority") holds the information on the subject you have requested as it is a party to the ERF contract referenced within your Request (the "Contract").
From our preliminary assessment, it is clear that we will not be able to answer your request without further clarification.
Section 12 of the Freedom of Information Act 2000 makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit. This is established by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 (SI 2004/3244).
In order to provide you with the information on the scale that you have requested, it would require the Authority to locate, retrieve, review and extract information contained within approximately [700] contract documents. The Authority would also need to assess its ability to disclose this information in accordance with the provisions of the Act.
We estimate that it will take us in excess of the applicable time limit to determine the appropriate material and locate, retrieve and extract the information in reference to your request. Therefore, your request will not be processed further.
You may wish to refine your Request by narrowing its scope by being more specific about what information you particularly wish to obtain, including any dates or period of time relevant to the information required.
Public Domain
On review of your Request, you may find it helpful to review publicly available information. To assist, we have included some relevant websites below to provide further detail on the ERF:
- Development Consent Order: The North London Heat and Power Generating Station Order 2017;
- OJEU Notice outlining the scope of the ERF Works: Energy Recovery Facility ('ERF') Construction; and
- North London Heat and Power Project website: Home | North London Heat and Power Project.
If you are dissatisfied with the handling of your request, you may ask for an internal review, which should be submitted within two months of when you received our response to either informationrequests@nlwa.gov.uk or enquiry form quoting the above reference.
If you are not content with the outcome of the review, you may complain to the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, or via their online portal. The Information Commissioner will not usually accept complaints before a review has been completed.
