Benchmarking Process Clause Examples
The Benchmarking Process clause establishes the procedures and standards for evaluating the performance, quality, or cost of goods or services provided under an agreement. Typically, it outlines how benchmarks are selected, the frequency and methodology of assessments, and the steps to be taken if performance falls below agreed standards. For example, it may allow a customer to compare a supplier’s services to industry norms or competitors and require corrective action if deficiencies are found. This clause ensures transparency and accountability, helping both parties maintain service levels and address underperformance efficiently.
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Benchmarking Process. 3.2.1 The Supplier shall produce and send to the Authority for Approval, a draft plan for the Benchmark Review.
3.2.2 The plan must include:
3.2.2.1 a proposed timetable for the Benchmark Review;
3.2.2.2 a description of the benchmarking methodology to be used;
3.2.2.3 a description that demonstrates objectively and transparently that the benchmarking methodology to be used is capable of fulfilling the benchmarking purpose; and
3.2.2.4 a description of how the Supplier will scope and identify the Comparison Group.
3.2.3 The Authority must give notice in writing to the Supplier within ten
Benchmarking Process. 2.2.1 The Supplier shall produce and send to the Authority for Approval, a draft plan for the Benchmark Review.
2.2.2 The plan must include:
2.2.2.1 a proposed timetable for the Benchmark Review;
2.2.2.2 a description of the benchmarking methodology to be used;
2.2.2.3 a description that demonstrates objectively and transparently that the benchmarking methodology to be used is capable of fulfilling the benchmarking purpose; and
2.2.2.4 a description of how the Supplier will scope and identify the Comparison Group.
2.2.3 The Authority must give notice in writing to the Supplier within ten (10) Working Days after receiving the draft plan, advising whether it Approves the draft plan, or, if it does not approve the draft plan, suggesting amendments to that plan. The Authority may not unreasonably withhold or delay its Approval of the draft plan and any suggested amendments must be reasonable.
2.2.4 Where the Authority suggests amendments to the draft plan under paragraph 2.2.3, the Supplier must produce an amended draft plan. Paragraph 2.2.2 above shall apply to any amended draft plan. i. finalise the Comparison Group and collect data relating to Comparable Rates. The selection of the Comparison Rates (both in terms of number and identity) shall be a matter for the Supplier's professional judgment using:
(a) market intelligence;
(b) the Supplier's own data and experience;
(c) relevant published information; and
(d) subject to paragraph 2.2.6 below, information from other suppliers or purchasers on Comparable Rates;
Benchmarking Process. 3.2.1 The Supplier shall produce and send to the Authority for Approval, a draft plan for the Benchmark Review.
3.2.2 The plan must include:
3.2.2.1 a proposed timetable for the Benchmark Review;
3.2.2.2 a description of the benchmarking methodology to be used;
3.2.2.3 a description that demonstrates objectively and transparently that the benchmarking methodology to be used is capable of fulfilling the benchmarking purpose; and
3.2.2.4 a description of how the Supplier will scope and identify the Comparison Group.
3.2.3 The Authority must give notice in writing to the Supplier within ten (10) Working Days after receiving the draft plan, advising whether it Approves the draft plan, or, if it does not approve the draft plan, suggesting amendments to that plan. The Authority may not unreasonably withhold or delay its Approval of the
3.2.4 Where the Authority suggests amendments to the draft plan under paragraph 3.2.3, the Supplier must produce an amended draft plan. paragraph 3.2.2 shall apply to any amended draft plan.
3.2.5 Once it has received the Approval of the draft plan, the Supplier shall:
3.2.5.1 finalise the Comparison Group and collect data relating to Comparable Rates. The selection of the Comparable Rates (both in terms of number and identity) shall be a matter for the Supplier's professional judgment using:
3.2.5.1.1 market intelligence;
3.2.5.1.2 the Supplier's own data and experience;
3.2.5.1.3 relevant published information; and
3.2.5.1.4 subject to paragraph 3.2.6 below, information from other suppliers or purchasers on Comparable Rates;
3.2.5.2 by applying the adjustment factors listed in paragraph 3.2.6 and from an analysis of the Comparable Rates derive the Equivalent Data;
3.2.5.3 using the Equivalent Data calculate the Upper Quartile;
3.2.5.4 determine whether or not each Benchmarked Rate is, and/or the Benchmarked Rates as a whole are, Good Value.
3.2.6 The Supplier agrees to use its reasonable endeavours to obtain information from other suppliers or purchasers on Comparable Rates.
3.2.7 In carrying out the benchmarking analysis the Supplier may have regard to the following matters when performing a comparative assessment of the Benchmarked Rates and the Comparable Rates in order to derive Equivalent Data:
3.2.7.1 the contractual terms and business environment under which the Comparable Rates are being provided (including the scale and geographical spread of the customers);
3.2.7.2 exchange rates;
3.2.7.3 any other factors reasonably i...
Benchmarking Process. The Supplier shall produce and send to the Authority for Approval, a draft plan for the Benchmark Review. The plan must include: a proposed timetable for the Benchmark Review; a description of the benchmarking methodology to be used; a description that demonstrates objectively and transparently that the benchmarking methodology to be used is capable of fulfilling the benchmarking purpose; and a description of how the Supplier will scope and identify the Comparison Group. The Authority must give notice in writing to the Supplier within ten (10) Working Days after receiving the draft plan, advising whether it Approves the draft plan, or, if it does not approve the draft plan, suggesting amendments to that plan. The Authority may not unreasonably withhold or delay its Approval of the draft plan and any suggested amendments must be reasonable. Where the Authority suggests amendments to the draft plan under paragraph 7.2.3, the Supplier must produce an amended draft plan. Paragraph 7.2.2 shall apply to any amended draft plan. Once it has received the Approval of the draft plan, the Supplier shall: finalise the Comparison Group and collect data relating to Comparable Rates. The selection of the Comparable Rates (both in terms of number and identity) shall be a matter for the Supplier's professional judgment using: market intelligence; the Supplier's own data and experience; relevant published information; and pursuant to paragraph 7.2.7 below, information from other suppliers or purchasers on Comparable Rates; by applying the adjustment factors listed in paragraph 7.2.7 and from an analysis of the Comparable Rates, derive the Equivalent Data; using the Equivalent Data to calculate the Upper Quartile; determine whether or not each Benchmarked Rate is, and/or the Benchmarked Rates as a whole are, Good Value. The Supplier agrees to use its reasonable endeavours to obtain information from other suppliers or purchasers on Comparable Rates. In carrying out the benchmarking analysis the Supplier may have regard to the following matters when performing a comparative assessment of the Benchmarked Rates and the Comparable Rates in order to derive Equivalent Data: the contractual terms and business environment under which the Comparable Rates are being provided (including the scale and geographical spread of the customers); exchange rates; any other factors reasonably identified by the Supplier, which, if not taken into consideration, could unfairly cause the Supplier's pr...
Benchmarking Process. The Supplier shall produce and send to the Authority for Approval, a draft plan for the Benchmark Review.
Benchmarking Process. The Parties shall not conduct any Benchmarking Process prior to [***]* Thereafter, no Benchmarking Process shall be conducted more frequently than [***]* unless otherwise agreed by the Parties. Subject to the foregoing, Company and Provider shall designate the time when each Benchmarking Process shall be undertaken.
Benchmarking Process. 2.7.1 Benchmarking Process Framework Overview
2.7.2 Pre-Ship Acceptance
Benchmarking Process. As per Section 4.2, the parties will conduct an annual Benchmarking process, to ensure that pricing for the TRANXACT and SELEX Services hereunder is competitive.
Benchmarking Process. 2.2.1 The Supplier shall produce and send to the Authority for Approval, a draft plan for the Benchmark Review.
2.2.2 The plan must include:
2.2.2.1 a proposed timetable for the Benchmark Review;
2.2.2.2 a description of the benchmarking methodology to be used;
2.2.2.3 a description that demonstrates objectively and transparently that the benchmarking methodology to be used is capable of fulfilling the benchmarking purpose; and
2.2.2.4 a description of how the Supplier will scope and identify the Comparison Group.
2.2.3 The Authority must give notice in writing to the Supplier within ten (10) Working Days after receiving the draft plan, advising whether it Approves the draft plan, or, if it does not approve the draft plan, suggesting amendments to that plan. The Authority may not unreasonably withhold or delay its Approval of the draft plan and any suggested amendments must be reasonable.
Benchmarking Process a. The Parties shall not conduct any Benchmarking Process prior to [***]* Thereafter, no Benchmarking Process shall be conducted more frequently than [***]* period, unless otherwise agreed by the Parties. Subject to the foregoing, Company and Provider shall designate the time when each Benchmarking Process shall be undertaken.
b. [***]* -------- * Confidential information has been omitted. Schedule P - Technical Services Agreement - Final 1 October 18, 2001 Proprietary and Confidential International Paper / Exult
c. The Benchmarking Process shall be based upon and consistent with, in all material respects, the benchmarking methodology, principles and approach agreed to by the Parties, in consultation with the Benchmarker, which shall include:
(i) a representative sampling of a sufficient number of arrangements between providers and receivers of services comparable to the Services (the "Comparables"); and
(ii) any appropriate adjustments due to differences between the Comparables on one hand, and the arrangements between Provider and Company under this Agreement, such as differences in the nature or type of services received, the respective service environments, relative performance standards, volumes, term of agreement, location of services, amount of investments made pursuant to or in connection with the Comparables, and other similar terms and conditions.
d. The Parties shall cooperate with each other and the Benchmarker to facilitate the Benchmarking Process, which shall include providing reasonable information as is necessary to conduct the Benchmarking Process; provided, however, that Provider will not be required to (i) disclose any of its Confidential Information, (ii) disclose details of other customers' confidential information without such customers' consent, or (iii) provide any information relating to Provider's margins or costs.
e. Within [***]* (or as otherwise agreed to by the Parties and the Benchmarker) after the completion of any Benchmarking Process, the Benchmarker shall deliver the Benchmark Results to each Party's Account Manager.
f. During the [***]* following delivery of the Benchmark Results from the Benchmarker, Company and Provider shall review the Benchmark Results and schedule one or more meetings (which shall include the Benchmarker) to address any issues either Party may have with the Benchmark information or the Benchmark Results.