Common use of Document Identification Clause in Contracts

Document Identification. In consultation with the Contracting Body and their client, the Supplier shall conduct a proportionate exercise investigating and establishing an accurate picture of all of the Contracting Body’s client’s data sources (data mapping) including sources of hardcopy documents not otherwise held electronically. The Supplier shall Identify potentially relevant Electronically Stored Information (ESI) sources with reference to (as advised by the Contracting Body and their client) the information necessary for proper and defensible completion (by the Contracting Body and / or their client) of the Electronic Documents Questionnaire contained in Practice Direction 31B, including investigation and consideration of: internal policies and practices as regards creation and maintenance of ESI, storage (on site or off site), and ultimately destruction thereof; key witnesses, relevant data custodians, and key time frames; potentially relevant document and data types; relevant document management systems used by the Contracting Body’s client; types of electronic mail servers used by the Contracting Body’s client, including hardware, operating systems, software, location of servers, responsible administrators and also relevant data retention polices; back-up media, retired hardware and disaster recovery systems; legacy systems, including how data has been migrated from past technologies; cloud computing or third party-systems; and additional data sources beyond the servers of the client, including digital voicemail stores, portable devices and mobile telephones, information stored on the Contracting Body’s client’s intranet, instant messaging, and any other collaborative systems. The Supplier shall identify (as advised by the Contracting Body and their client) potentially relevant hardcopy document sources held by the Contracting Body’s client, including investigation and consideration of: the Contracting Body’s client’s internal policies and practices as regards creation and maintenance of paper files or records, storage (on site or off site), and ultimately destruction thereof; key witnesses, relevant data custodians, and key time frames; off-site storage; on-site managed filing; the Contracting Body’s client’s departmental filing; personal filing; and personal possession. The Supplier shall document the steps taken for the Document Identification phase by way of a comprehensive report to the Contracting Body and their client which: satisfies them that the searches are evidenced by a clear audit trail, are reasonable and proportionate, and comply with the Contracting Body’s client’s disclosure obligations; and formulates and recommends an early defensible and strategic approach to the collection, preservation, processing, review and production of the Contracting Body’s client’s information, and includes initial indicative cost estimates and work timetables.