CONTINUOUS IMPROVEMENT. The Supplier shall have an ongoing obligation throughout the Call Off Contract Period to identify new or potential improvements to the Goods and/or Services and their provision to the Customer. Pursuant to its obligation under Clause 19.1, the Supplier will regularly review with the Customer the Goods and/or Services, including the manner in which it is providing the Goods and/or Services and performing against the Customer’s requirements (including the Implementation Plan and the Service Levels), with a view to reducing the Customer’s costs (including the Call Off Contract Charges) and/or improving the quality and efficiency of the Goods and/or Services and their supply to the Customer. Any amendments to the Goods and/or Services and/or their supply to the Customer and/or the Call Off Contract Charges, required by the Customer to implement or effect such improvements identified as a result of the Supplier’s compliance with Clause 19.1, shall be implemented by the Supplier (subject to compliance with the Law and the Framework Agreement) and the Supplier shall implement such variation, amendment or improvement at no additional cost to the Customer. The Supplier shall ensure that the information that it provides to the Customer in accordance with Clause 19.1 shall be sufficient for the Customer to decide whether any improvement to the Goods and/or Services and/or their provision to the Customer should be implemented. The Supplier shall provide any further information that the Customer requests in connection with any improvements to the Goods and/or Services and/or their provision to the Customer identified by the Supplier. Notwithstanding the Supplier’s obligations under Clauses 19.1 to 19.3 above, the Customer shall be entitled to regularly benchmark the Call Off Contract Charges and performance by the Supplier of the supply of the Goods and/or Services, against other suppliers providing goods and/or services substantially the same as the Goods and/or Services during the Call Off Contract Period. The Customer shall be entitled to the right set out in Clause 19.4 in order to compare the Call Off Contract Charges and level of performance by the Supplier of the supply of the Goods and/or Services with charges and level of performance in the provision of goods and/or services offered by third parties so as to provide the Customer with information for comparison purposes. The Customer shall be entitled to use any model to determine the achievement of value for money and to carry out the benchmarking evaluation referred to in Clause 19.4 above. The Customer shall be entitled to disclose the results of any benchmarking of the Call Off Contract Charges and provision of the Goods and/or Services carried out under Clause 19.4 to the Authority and any Contracting Body (subject to the Contracting Body entering into reasonable confidentiality undertakings). The Supplier shall use all reasonable endeavours and act in good faith to supply information required by the Customer in order to undertake the benchmarking in accordance with Clause 19.4 and such information requirements shall be at the discretion of the Customer. Where, as a consequence of any benchmarking carried out by the Customer under Clause 19.4, the Customer decides improvements to the Goods and/or Services should be implemented such improvements shall be implemented by way of the Variation Procedure at no additional cost to the Customer. The benefit of any work carried out by the Supplier at any time during the Call Off Contract Period to update, improve or provide the Goods and/or Services, facilitate their delivery to any other Contracting Body and/or any alterations or variations to the Charges or the provision of the Goods and/or Services, which are identified in the Continuous Improvement Plan produced by the Supplier and/or as a consequence of any benchmarking carried out by the Authority pursuant to Framework Schedule 7 (Value for Money), shall be implemented by the Supplier at no additional cost to the Customer.
Appears in 12 contracts
Samples: data.gov.uk, data.gov.uk, data.gov.uk
CONTINUOUS IMPROVEMENT. The Supplier shall have an ongoing obligation throughout the Call Off Contract Period to identify new or potential improvements to the Goods and/or Services and their provision to the Customer. Pursuant to its obligation under Clause 19.117.1, the Supplier will shall regularly review with the Customer the Goods and/or Services, including the manner in which it is providing the Goods and/or Services and performing against the Customer’s requirements (including the Implementation Plan and the Service Levels), with a view to reducing the Customer’s costs (including the Call Off Contract Charges) and/or improving the quality and efficiency of the Goods and/or Services and their supply to the Customer. Any amendments to the Goods and/or Services and/or their supply to the Customer and/or the Call Off Contract Charges, required by the Customer to implement or effect such improvements identified as a result of the Supplier’s compliance with Clause 19.117.1, shall be implemented by the Supplier (subject to compliance with the Law and the Framework Agreement) and the Supplier shall implement such variation, amendment or improvement at no additional cost to the Customer. The Supplier shall ensure that the information that it provides to the Customer in accordance with Clause 19.1 17.1 shall be sufficient for the Customer to decide whether any improvement to the Goods and/or Services and/or their provision to the Customer should be implemented. The Supplier shall provide any further information that the Customer requests in connection with any improvements to the Goods and/or Services and/or their provision to the Customer identified by the Supplier. Notwithstanding the Supplier’s obligations under Clauses 19.1 17.1 to 19.3 17.3 above, the Customer shall be entitled to regularly benchmark the Call Off Contract Charges and performance by the Supplier of the supply of the Goods and/or Services, against other suppliers providing goods and/or services substantially the same as the Goods and/or Services during the Call Off Contract Period. The Customer shall be entitled to the right set out in Clause 19.4 17.4 in order to compare the Call Off Contract Charges and level of performance by the Supplier of the supply of the Goods and/or Services with charges and level of performance in the provision of goods and/or services offered by third parties so as to provide the Customer with information for comparison purposes. The Customer shall be entitled to use any model to determine the achievement of value for money and to carry out the benchmarking evaluation referred to in Clause 19.4 17.4 above. The Customer shall be entitled to disclose the results of any benchmarking of the Call Off Contract Charges and provision of the Goods and/or Services carried out under Clause 19.4 17.4 to the Authority and any Contracting Body (subject to the Contracting Body entering into reasonable confidentiality undertakings). The Supplier shall use all reasonable endeavours and act in good faith to supply information required by the Customer in order to undertake the benchmarking in accordance with Clause 19.4 17.4 and such information requirements shall be at the discretion of the Customer. Where, as a consequence of any benchmarking carried out by the Customer under Clause 19.417.4, the Customer decides improvements to the Goods and/or Services should be implemented such improvements shall be implemented by way of the Variation Procedure at no additional cost to the Customer. The benefit of any work carried out by the Supplier at any time during the Call Off Contract Period to update, improve or provide the Goods and/or Services, facilitate their delivery to any other Contracting Body and/or any alterations or variations to the Charges or the provision of the Goods and/or Services, which are identified in the Continuous Improvement Plan produced by the Supplier and/or as a consequence of any benchmarking carried out by the Authority pursuant to Framework Schedule 7 (Value for Money), shall be implemented by the Supplier at no additional cost to the Customer.
Appears in 2 contracts
Samples: data.gov.uk, assets.crowncommercial.gov.uk
CONTINUOUS IMPROVEMENT. The Supplier shall have an ongoing obligation throughout the Call Off Contract Period to identify new or potential improvements to the Goods and/or Services and their provision pursuant to the Customer. Pursuant to its obligation under Clause 19.1, the Supplier which it will regularly review with the Customer the Goods and/or Services, including Services and the manner in which it is providing the Goods and/or Services and performing against the Customer’s requirements (including the Implementation Plan and the Service Levels), with a view to reducing the Customer’s costs (including the Call Off Contract Charges) and/or improving the quality and efficiency of the Goods and/or Services and their supply to comply with any specific provisions in accordance with the Customerprovisions referred to in paragraph 4.5 of the Order Form (if any). Any amendments to the Goods and/or Services and/or their supply to the Customer and/or the Call Off Contract Charges, required by the Customer to implement or effect such improvements identified as a result of the Supplier’s compliance with Clause 19.1clause 9.1, shall be implemented by the Supplier (subject to compliance with the EU procurement Law and the Framework Agreement) and the Supplier shall implement such variation, variation amendment or improvement at no additional cost to the Customer. The Supplier shall ensure that the information that it provides to the Customer in accordance with Clause 19.1 clause 9.1 shall be sufficient for the Customer to decide whether any improvement to the Goods and/or Services and/or their provision to the Customer should be implemented. The Supplier shall provide any further information that the Customer requests in connection with any improvements to the Goods and/or Services and/or their provision to the Customer identified by the Supplier. Notwithstanding the Supplier’s obligations under Clauses 19.1 clause 9.1 to 19.3 9.3 above, the Customer shall be entitled to regularly benchmark the Call Off Contract Charges and performance by the Supplier of the supply of the Goods and/or Services, against other suppliers providing goods and/or services substantially the same as the Goods and/or Services during the Call Off Contract Period. The Customer shall be entitled to the right set out in Clause 19.4 Period in order to compare the Call Off Contract Charges and level of performance by the Supplier of the supply of the Goods and/or Services with charges and level of performance in the provision of goods and/or services service offered by third parties so as to provide the Customer with information for comparison purposes. The Customer shall be entitled to use any model to determine the achievement of value for money and to carry out the benchmarking evaluation referred to in Clause 19.4 clause 9.4 above. The Customer shall be entitled to disclose the results of any benchmarking of the Call Off Contract Charges and provision of the Goods and/or Services carried out under Clause 19.4 clause 9.4 to the Authority and any Contracting Body (subject to the Contracting Body entering into reasonable confidentiality undertakings). The Supplier shall use all reasonable endeavours and act in good faith to supply information required by the Customer in order to undertake the benchmarking in accordance with Clause 19.4 clause 9.4 and such information requirements shall be at the discretion of the Customer. Where, as a consequence of any benchmarking carried out by the Customer under Clause 19.4clause 9.4, the Customer decides improvements to the Goods and/or Services should be implemented such improvements shall be implemented by way of the Contract Variation Procedure at no additional cost to the Customerprocedures set out in clause 29. The benefit of any work carried out by the Supplier at any time during the Call Off Contract Period to update, improve or provide update the Goods and/or Services, Services or to facilitate their delivery to any other Contracting Body and/or any alterations or variations to the Contract Charges or the provision of the Goods and/or Services, which are identified in the Continuous Improvement Plan produced by the Supplier and/or as a consequence of any benchmarking carried out by the Authority pursuant to Framework Schedule 7 6 (Value for Money), shall be implemented by the Supplier (subject to EU procurement Law and the Framework Agreement) at no additional cost to the Customer.
Appears in 1 contract
Samples: data.gov.uk
CONTINUOUS IMPROVEMENT. The Supplier shall have an ongoing obligation throughout the Call Off Contract Period to identify new or potential improvements to the Goods and/or Services and their provision to the Customer, including but not limited to identifying efficiencies by utilising technology, increasing the number of available sales outlets, and the identification of further efficiencies through Contracting Body Management Information analysis. Pursuant to its obligation under Clause 19.117.1, the Supplier will shall regularly review with the Customer the Goods and/or Services, including the manner in which it is providing the Goods and/or Services and performing against the Customer’s requirements (including the Implementation Plan and the Service Levels), with a view to reducing the Customer’s costs (including the Call Off Contract Charges) Spend and Fees and/or improving the quality and efficiency of the Goods and/or Services and their supply to the Customer. Any amendments to the Goods and/or Services and/or their supply to the Customer and/or the Call Off Contract ChargesCustomer, required by the Customer to implement or effect such improvements identified as a result of the Supplier’s compliance with Clause 19.117.1, shall be implemented by the Supplier (subject to compliance with the Law and the Framework Agreement) and the Supplier shall implement such variation, amendment or improvement at no additional cost to the Customer. The Supplier shall ensure that the information that it provides to the Customer in accordance with Clause 19.1 17.1 shall be sufficient for the Customer to decide whether any improvement to the Goods and/or Services and/or their provision to the Customer should be implemented. The Supplier shall provide any further information that the Customer requests in connection with any improvements to the Goods and/or Services and/or their provision to the Customer identified by the Supplier. Notwithstanding the Supplier’s obligations under Clauses 19.1 to 19.3 above, the Customer shall be entitled to regularly benchmark the Call Off Contract Charges and performance by the Supplier of the supply of the Goods and/or Services, against other suppliers providing goods and/or services substantially the same as the Goods and/or Services during the Call Off Contract Period. The Customer shall be entitled to the right set out in Clause 19.4 in order to compare the Call Off Contract Charges and level of performance by the Supplier of the supply of the Goods and/or Services with charges and level of performance in the provision of goods and/or services offered by third parties so as to provide the Customer with information for comparison purposes. The Customer shall be entitled to use any model to determine the achievement of value for money and to carry out the benchmarking evaluation referred to in Clause 19.4 above. The Customer shall be entitled to disclose the results of any benchmarking of the Call Off Contract Charges and provision of the Goods and/or Services carried out under Clause 19.4 to the Authority and any Contracting Body (subject to the Contracting Body entering into reasonable confidentiality undertakings). The Supplier shall use all reasonable endeavours and act in good faith to supply information required by the Customer in order to undertake the benchmarking in accordance with Clause 19.4 and such information requirements shall be at the discretion of the Customer. Where, as a consequence of any benchmarking carried out by the Customer under Clause 19.4, the Customer decides improvements to the Goods and/or Services should be implemented such improvements shall be implemented by way of the Variation Procedure at no additional cost to the Customer. The benefit of any work carried out by the Supplier at any time during the Call Off Contract Period to update, improve or provide the Goods and/or Services, facilitate their delivery to any other Contracting Body and/or any alterations or variations to the Charges or the provision of the Goods and/or Services, which are identified in the Continuous Improvement Plan produced by the Supplier and/or as a consequence of any benchmarking carried out by the Authority pursuant to Framework Schedule 7 (Value for Money), shall be implemented by the Supplier at no additional cost to the Customer. [BUSINESS CONTINUITY AND DISASTER RECOVERY INTENTIONALLY LEFT BLANK – NOT USED If there is a Disaster, the Parties shall co-operate in good faith and use all reasonable endeavors to as soon as possible re-establish their capacity to fully perform their obligations under this Call Off Contract. A Disaster will only relieve a Party of its obligations to the extent it constitutes a Force Majeure Event in accordance with Clause 42 (Force Majeure). The Supplier shall develop and at all times maintain a BCDR Plan that shall be implemented if a Disaster occurs so as to enable the Supplier to meet its obligations under Clauses . The Supplier shall submit a draft BCDR Plan to the Customer for Approval (the decision to approve or not will not be unreasonably withheld or delayed) within four (4) weeks from the Call Off Commencement Date. Once the draft BCDR Plan has been Approved, the Supplier shall keep the BCDR Plan under review and, if necessary, shall amend it to ensure that the Supplier can meet its obligations under Clauses . Unless otherwise Approved or notified by the Customer, the Supplier shall comply with the provisions of Call Off Schedule 5 (Business Continuity and Disaster Recovery). In the case of any additional and/or alternative business continuity and disaster recovery requirements of the Customer, the provisions relating to business continuity and disaster recovery shall apply as stipulated by the Customer in the Order Form.]
Appears in 1 contract
Samples: data.gov.uk
CONTINUOUS IMPROVEMENT. The Supplier shall have an ongoing obligation throughout the Call Off Contract Period to identify new or potential improvements to the Goods and/or Services and their provision pursuant to the Customer. Pursuant to its obligation under Clause 19.1, the Supplier which it will regularly review with the Customer the Goods and/or Services, including and Services and the manner in which it is providing the Goods and/or and Services and performing against the Customer’s requirements (including the Implementation Plan and the Service Levels), with a view to reducing the Customer’s costs (including the Call Off Contract ChargesPrice) and/or improving the quality and efficiency of the Goods and/or and Services and their supply to comply with any specific provisions in accordance with the Customerprovisions referred to in paragraph 5.6 of the Order Form (if any). Any amendments to the Goods and/or and Services and/or their supply to the Customer and/or the Call Off Contract ChargesPrice, required by the Customer to implement or effect such improvements identified as a result of the Supplier’s compliance with Clause 19.1clause 9.1, shall be implemented by the Supplier (subject to compliance with the EU procurement Law and the Framework Agreement) and the Supplier shall implement such variation, variation amendment or improvement at no additional cost to the Customer. The Supplier shall ensure that the information that it provides to the Customer in accordance with Clause 19.1 clause 9.1 shall be sufficient for the Customer to decide whether any improvement to the Goods and/or Services and/or their provision to the Customer should be implemented. The Supplier shall provide any further information that the Customer requests in connection with any improvements to the Goods and/or Services and/or their provision to the Customer identified by the Supplier. Notwithstanding the Supplier’s obligations under Clauses 19.1 clause 9.1 to 19.3 9.3 above, the Customer shall be entitled to regularly benchmark the Call Off Contract Charges Price and performance by the Supplier of the supply of the Goods and/or and Services, against other suppliers providing goods and/or services substantially the same as the Goods and/or and Services during the Call Off Contract Period. The Customer shall be entitled to the right set out in Clause 19.4 Period in order to compare the Call Off Contract Charges Price and level of performance by the Supplier of the supply of the Goods and/or and Services with charges and level of performance in the provision of goods and/or services service offered by third parties so as to provide the Customer with information for comparison purposes. The Customer shall be entitled to use any model to determine the achievement of value for money and to carry out the benchmarking evaluation referred to in Clause 19.4 clause 9.4 above. The Customer shall be entitled to disclose the results of any benchmarking of the Call Off Contract Charges Price and provision of the Goods and/or and Services carried out under Clause 19.4 clause 9.4 to the Authority and any Contracting Body (subject to the Contracting Body entering into reasonable confidentiality undertakings). The Supplier shall use all reasonable endeavours and act in good faith to supply information required by the Customer in order to undertake the benchmarking in accordance with Clause 19.4 clause 9.4 and such information requirements shall be at the discretion of the Customer. Where, as a consequence of any benchmarking carried out by the Customer under Clause 19.4clause 9.4, the Customer decides improvements to the Goods and/or Services should be implemented such improvements shall be implemented by way of the Contract Variation Procedure at no additional cost to the Customerprocedures set out in clause 40. The benefit of any work carried out by the Supplier at any time during the Call Off Contract Period to update, improve or provide update the Goods and/or Services, and Services or to facilitate their delivery to any other Contracting Body and/or any alterations or variations to the Charges Contract Price or the provision of the Goods and/or and Services, which are identified in the Continuous Improvement Plan produced by the Supplier and/or as a consequence of any benchmarking carried out by the Authority pursuant to Framework Schedule 7 (Value for Money), shall be implemented by the Supplier (subject to EU procurement Law and the Framework Agreement) at no additional cost to the Customer. [Disruption The Supplier shall take reasonable care to ensure that in the performance of its obligations under the Contract it does not disrupt the operations of the Customer, its employees or any other contractor employed by the Customer. The Supplier shall immediately inform the Customer of any actual or potential industrial action, whether such action be by the Supplier's own employees or others, which affects or might affect the Supplier's ability at any time to perform its obligations under the Contract. In the event of industrial action by the Staff, the Supplier shall seek Approval to its proposals for the continuance of the supply of the Goods and Services in accordance with its obligations under the Contract. If the Supplier's proposals referred to in clause 10.3 are considered insufficient or unacceptable by the Customer acting reasonably then the Contract may be terminated with immediate effect by the Customer by notice in writing. If the Supplier is temporarily unable to fulfil the requirements of the Contract owing to disruption of normal business caused by the Customer, an appropriate allowance by way of extension of time will be approved by the Customer. In addition, the Customer will reimburse any additional expense reasonably incurred by the Supplier as a direct result of such disruption.] REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE OF THE SERVICES OR PROVISION OF THE gOODS Without prejudice to any other right or remedy which the Customer may have, if any Goods and Services are not supplied in accordance with, or the Supplier fails to comply with any of the terms of the Contract then the Customer may (whether or not any part of the Goods and Services have been Delivered) do any of the following: at the Customer's option, give the Supplier the opportunity at the Supplier's expense to either remedy any defect in the Goods and/or failure in the performance of the Services together with any damage resulting from such defect or failure (and where such defect or failure is capable of remedy) or to supply replacement Goods and Services and carry out any other necessary work to ensure that the terms of the Contract are fulfilled, in accordance with the Customer's instructions; reject the Goods (in whole or in part) and require the Supplier to remove the Goods (in whole or in part) at the risk and cost of the Supplier on the basis that a full refund for the Goods so rejected shall be paid to the Customer forthwith by the Supplier; refuse to accept any further Goods and Services to be Delivered but without any liability to the Customer; if paragraph 5.1 of the Order Form provides for the payment of Delay Payments, then the Supplier shall pay such amounts (calculated in accordance with paragraph 5.1 of the Order Form) on demand. The Delay Payments will accrue on a daily basis from the relevant Milestone Date and will continue to accrue until the date when the Milestone is Achieved; carry out at the Supplier's expense any work necessary to make the Goods and Services comply with the Contract; without terminating the Contract, itself supply or procure the supply of all or part of the Goods and Services until such time as the Supplier shall have demonstrated to the reasonable satisfaction of the Customer that the Supplier will once more be able to supply all or such part of the Goods and Services in accordance with the Contract; without terminating the whole of the Contract, terminate the Contract in respect of part of the Goods and Services only (whereupon a corresponding reduction in the Contract Charges shall be made) and thereafter itself supply or procure a third party to supply such part of the Goods and Services; and/or charge the Supplier for and the Supplier shall on demand pay any costs reasonably incurred by the Customer (including any reasonable administration costs) in respect of the supply of any part of the Goods and Services by the Customer or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Supplier for such part of the Goods and Services and provided that the Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Goods and Services. In the event that the Supplier: fails to comply with clause 11.1 above and the failure is materially adverse to the interests of the Customer or prevents the Customer from discharging a statutory duty; or persistently fails to comply with clause 11.1 above, the Customer may terminate the Contract with immediate effect by giving the Supplier notice in writing. [premises
Appears in 1 contract
Samples: data.gov.uk
CONTINUOUS IMPROVEMENT. The Supplier shall have an ongoing obligation throughout the Call Off Contract Lease Agreement Period to identify new or potential improvements to the Goods and/or Services and their provision to the Customer. Pursuant to its obligation under Clause 19.1, the Supplier will regularly review with the Customer the Goods and/or Services, including the manner in which it is providing of the Goods and/or Services and performing against the Customer’s requirements (including the Implementation Plan and the Service Levels), in accordance with this Clause 21 with a view to reducing the Customer’s costs (including the Call Off Contract Lease Agreement Charges) and/or improving the quality and efficiency of the Goods and/or Services and their supply to the Customer. Any amendments As part of this obligation the Supplier shall identify and report to the Customer once every twelve (12) months: the emergence of new and evolving relevant technologies which could improve the ICT Environment, Sites and/or the provision of the Goods and/or Services, and those technological advances potentially available to the Supplier and the Customer which the Parties may wish to adopt; new or potential improvements to the provision of the Goods and/or Services including the quality, responsiveness, procedures, benchmarking methods, likely performance mechanisms and customer support goods and/or services in relation to the Goods and/or Services; changes in business processes and ways of working that would enable the Goods and/or Services to be provided at lower costs and/or their supply to the Customer and/or the Call Off Contract Charges, required by the Customer to implement or effect such improvements identified as a result of the Supplier’s compliance with Clause 19.1, shall be implemented by the Supplier (subject to compliance with the Law and the Framework Agreement) and the Supplier shall implement such variation, amendment or improvement at no additional cost greater benefits to the Customer; and/or changes to the ICT Environment, Sites, business processes and ways of working that would enable reductions in the total energy consumed annually in the provision of the Goods and/or Services. The Supplier shall ensure that the information that it provides to the Customer in accordance with Clause 19.1 shall be sufficient for the Customer to decide whether any improvement to the Goods and/or Services and/or their provision to the Customer should be implemented. The Supplier shall provide any further information that the Customer requests in connection with any improvements to the Goods and/or Services and/or their provision to requests. If the Customer wishes to incorporate any improvement identified by the Supplier. Notwithstanding the Supplier’s obligations under Clauses 19.1 to 19.3 above, the Customer shall be entitled to regularly benchmark the Call Off Contract Charges and performance by the Supplier of the supply of the Goods and/or Services, against other suppliers providing goods and/or services substantially the same as the Goods and/or Services during the Call Off Contract Period. The Customer shall be entitled to the right set out in Clause 19.4 in order to compare the Call Off Contract Charges and level of performance by the Supplier of the supply of the Goods and/or Services with charges and level of performance in the provision of goods and/or services offered by third parties so as to provide the Customer with information for comparison purposes. The Customer shall be entitled to use any model to determine the achievement of value for money and to carry out the benchmarking evaluation referred to in Clause 19.4 above. The Customer shall be entitled to disclose the results of any benchmarking of the Call Off Contract Charges and provision of the Goods and/or Services carried out under Clause 19.4 to the Authority and any Contracting Body (subject to the Contracting Body entering into reasonable confidentiality undertakings). The Supplier shall use all reasonable endeavours and act in good faith to supply information required by the Customer in order to undertake the benchmarking request a Variation in accordance with Clause 19.4 and such information requirements shall be at the discretion of the Customer. Where, as a consequence of any benchmarking carried out by the Customer under Clause 19.4, the Customer decides improvements to the Goods and/or Services should be implemented such improvements shall be implemented by way of the Variation Procedure at no additional cost to the Customer. The benefit of any work carried out by and the Supplier at any time during the Call Off Contract Period to update, improve or provide the Goods and/or Services, facilitate their delivery to any other Contracting Body and/or any alterations or variations to the Charges or the provision of the Goods and/or Services, which are identified in the Continuous Improvement Plan produced by the Supplier and/or as a consequence of any benchmarking carried out by the Authority pursuant to Framework Schedule 7 (Value for Money), shall be implemented by the Supplier implement such Variation at no additional cost to the Customer.
Appears in 1 contract
Samples: Lease Agreement
CONTINUOUS IMPROVEMENT. The Supplier shall have an ongoing on-going obligation throughout the Call Off Contract Period to identify new or potential improvements to the Goods and/or Services and their provision pursuant to the Customer. Pursuant to its obligation under Clause 19.1, the Supplier which it will regularly review with the Customer the Goods and/or Services, including Services and the manner in which it is providing the Goods and/or Services and performing against the Customer’s requirements (including the Implementation Plan and the Service Levels), with a view to reducing the Customer’s costs (including the Call Off Contract Charges) and/or improving the quality and efficiency of the Goods and/or Services and their supply to comply with any specific provisions in accordance with the Customerprovisions referred to in paragraph 14 (Continuous Improvement, Value for Money and Benchmarking) of the Part 1AOrder Form (Relationship Agreement). Any amendments to the Goods and/or Services and/or their supply to the Customer and/or the Call Off Contract Charges, required by the Customer to implement or effect such improvements identified as a result of the Supplier’s compliance with Clause 19.19.1, shall be implemented by the Supplier (subject to compliance with the EU procurement Law and the Framework Agreement) and the Supplier shall implement such variation, variation amendment or improvement at no additional cost to the Customer. The Supplier shall ensure that the information that it provides to the Customer in accordance with Clause 19.1 9.1 above shall be sufficient for the Customer to decide whether any improvement to the Goods and/or Services and/or their provision to the Customer should be implemented. The Supplier shall provide any further information that the Customer requests in connection with any improvements to the Goods and/or Services and/or their provision to the Customer identified by the Supplier. Notwithstanding the Supplier’s obligations under Clauses 19.1 Clause 9.1 to 19.3 9.3 above, the Customer shall be entitled to regularly benchmark the Call Off Contract Charges and performance by the Supplier of the supply of the Goods and/or Services, against other suppliers providing goods and/or services substantially the same as the Goods and/or Services during the Call Off Contract Period. The Customer shall be entitled to the right set out in Clause 19.4 Period in order to compare the Call Off Contract Charges and level of performance by the Supplier of the supply of the Goods and/or Services with charges and level of performance in the provision of goods and/or services offered by third parties so as to provide the Customer with information for comparison purposes. The Customer shall be entitled to use any model to determine the achievement of value for money and to carry out the benchmarking evaluation referred to in Clause 19.4 9.4 above. The Customer shall be entitled to disclose the results of any benchmarking of the Call Off Contract Charges and provision of the Goods and/or Services carried out under Clause 19.4 9.4 above to the Authority and any Contracting Body (subject to the Contracting Body entering into reasonable confidentiality undertakings). The Supplier shall use all reasonable endeavours and act in good faith to supply information required by the Customer in order to undertake the benchmarking in accordance with Clause 19.4 9.4 above and such information requirements shall be at the discretion of advised by the Customer. Where, as a consequence of any benchmarking carried out by the Customer under Clause 19.49.4 above, the Customer decides improvements to the Goods and/or Services should be implemented such improvements shall be implemented by way of the Contract Variation Procedure at no additional cost to the Customerprocedures set out in Clause 38 (Variation). The benefit of any work carried out by the Supplier at any time during the Call Off Contract Period to update, improve or provide update the Goods and/or Services, Services or to facilitate their delivery to any other Contracting Body and/or any alterations or variations to the Contract Charges or the provision of the Goods and/or Services, which are identified in the Continuous Improvement Plan produced by the Supplier and/or as a consequence of any benchmarking carried out by the Authority pursuant to Framework Agreement Schedule 7 (Value for Money), shall be implemented by the Supplier (subject to EU procurement Law and the Framework Agreement) and delivered to the Customer as part of the Services pursuant to this Contract at no additional cost to the Customer.
Appears in 1 contract
Samples: Framework Agreement
