Benchmark Process Methodology Clause Samples

Benchmark Process Methodology. The Benchmarker shall conduct the Benchmark Process according to the following methodology: (i) The Benchmarker shall select a representative sampling of other outsourced organizations that share substantially similar attributes with respect to size, investments, scope and nature of overall Services, quality standards and Service Levels, technology, and payment and performance credit structure but without regard to geographic scope of overall services (“Comparators”). There shall be six (6) Comparators or such lesser number if the Comparator information available to the Benchmarker is comprised of a lesser number of Comparators. The Benchmarker shall make adjustments to the Comparators as necessary to permit a normalized comparison. (ii) For each Comparator used to calculate the Benchmark Results, the Benchmarker shall disclose to Customer and Administrator the demographic data (e.g., the total number of Service resource units and/or other basis on which Charges are based, a general description of the quality of services and service environment and other similar data) reasonably required for the Parties to understand the basis upon which the Benchmarker determined that the Comparators chosen by the Benchmarker comply with the requirements set forth above. Due to the confidential nature of Comparator data and nondisclosure agreements to which such data may be subject, the name of the Comparators shall be treated as confidential information of the Benchmarker. (iii) The data used by the Benchmarker in the Benchmark Process will be reasonably current (i.e., based on services provided to Customer and the Comparators no more than twelve (12) months prior to the start of the Benchmark Process). The data shall be only from other relationships for substantially similar services in terms of scope of services, minimum financial commitments from the customer, duration of the commitment from the customer, nature of the accountability of the service provider, the location from where the services are provided, and other data substantiating the similarity between the Comparators and the terms of this Agreement. On written request and on a de-identified basis, Benchmarker shall provide such comparative data to Administrator. (iv) The Benchmarker shall compare each Comparator’s contracted charges, Service Levels and scope with Administrator’s contracted Charges, Service Levels, scope of services, and all other significant terms with respect to the subject Services. The Ben...