Common use of Benchmark Report Clause in Contracts

Benchmark Report. The Benchmarker shall be required to prepare a Benchmark Report and deliver it simultaneously to both Parties, at the time specified in the plan approved under Paragraph 4, setting out its findings. The Benchmark Report shall: include a finding as to whether or not each Benchmarked Service is and/or whether the Benchmarked Services as a whole are, Good Value; include other findings (if any) regarding the quality and competitiveness or otherwise of those Services; if any Benchmarked Service is not Good Value, or the Benchmarked Services as a whole are not Good Value, specify the changes that would be required to the Charges, Performance Indicators and/or Target Performance Levels, that would be required to make that Benchmarked Service or those Benchmarked Services as a whole Good Value; and illustrate the method used for any normalisation of the Equivalent Services Data The Benchmarker shall act as an expert and not as an arbitrator. If the Benchmark Report states that any Benchmarked Service is not Good Value or that the Benchmarked Services as a whole are not Good Value, then the Supplier shall (subject to Paragraphs 5.5 and 5.6) implement the changes set out in the Benchmark Report as soon as reasonably practicable within timescales agreed with the Authority but in any event within no more than 3 months. Any associated changes to the Charges shall take effect only from the same date and shall not be retrospective. The Supplier acknowledges and agrees that Benchmark Reviews shall not result in any increase to the Charges, disapplication of the Performance Indicators or any reduction in the Target Performance Levels. The Supplier shall be entitled to reject any Benchmark Report if the Supplier reasonably considers that the Benchmarker has not followed the procedure for the related Benchmark Review as set out in this Schedule in any material respect. The Supplier shall not be obliged to implement any Benchmark Report to the extent this would cause the Supplier to provide the Services at a loss (as determined, by reference to the Financial Model), or to the extent the Supplier cannot technically implement the recommended changes. In the event of any Dispute arising over whether the Benchmarker has followed the procedure for the related Benchmark Review under Paragraph 5.5 and/or any matter referred to in Paragraph 5.6, the Dispute shall be referred to Expert Determination. For the avoidance of doubt in the event of a Dispute between the Parties, the Authority shall continue to pay the Charges to the Supplier in accordance with the terms of this Agreement and the Performance Indicators and Target Performance Levels shall remain unchanged pending the conclusion of the Expert Determination. On conclusion of the Expert Determination: if the Expert determines that all or any part of the Benchmark Report recommendations regarding any reduction in the Charges shall be implemented by the Supplier, the Supplier shall immediately repay to the Authority the difference between the Charges paid by the Authority up to and including the date of the Expert's determination and the date upon which the recommended reduction in Charges should have originally taken effect pursuant to Paragraph 5.3 together with interest thereon at the applicable rate under the Late Payment Of Commercial Debts (Interest) Act 1998; and if the Expert determines that all or any part of the Benchmark Report recommendations regarding any changes to the Performance Indicators and/or Target Performance Levels shall be implemented by the Supplier: the Supplier shall immediately implement the relevant changes; the Supplier shall immediately pay an amount equal to any Service Credits which would have accrued up to and including the date of the Expert’s determination if the relevant changes had taken effect on the date determined pursuant to Paragraph 5.3 together with interest thereon at the applicable rate under the Late Payment Of Commercial Debts (Interest) Act 1998; and the relevant changes shall thereafter be subject to the Change Control Procedure for the purposes of formalising and documenting the relevant change or amendment for the purposes of this Agreement. Any failure by the Supplier to implement the changes as set out in the Benchmark Report in accordance with the relevant timescales determined in accordance with Paragraph 5.3 (unless the provisions of Paragraph 5.6 and/or Paragraph 5.7 apply) or in accordance with Paragraph 5.8 shall, without prejudice to any other rights or remedies of the Authority, constitute a Supplier Termination Event. THIS AGREEMENT is made on [date] [insert name] of [insert address] (the “Supplier”); and [insert name] of [insert address] (the “Benchmarker” and together with the Supplier, the “Parties”).

Benchmark Report. 4.1 The Benchmarker shall be required to prepare a Benchmark Report and deliver it simultaneously to both Parties, at within the time timescales specified in the plan approved under Paragraph 4Benchmark Review Plan, setting out its findings. The Benchmark Report shall: Those findings shall be required to: (a) include a finding as to whether or not each Benchmarked Service is and/or whether the Benchmarked Services as a whole are, Good Value; ; (b) include other findings (if any) regarding the quality and competitiveness or otherwise of those Benchmarked Services; and (c) if any Benchmarked Service is not Good Value, or the Benchmarked Services as a whole are not Good Value, specify the changes that would be required to the Charges, Performance Indicators and/or Target Performance Levels, that would be required Prices to make that Benchmarked Service or those Benchmarked Services as a whole Good Value; and illustrate the method used for any normalisation of the Equivalent Services Data . 4.2 The Benchmarker shall act as an expert and not as an arbitrator. . 4.3 For the avoidance of doubt, Benchmark Reviews shall not result in: (a) any increase to the Prices ; (b) any change to Service Levels; or (c) a requirement that the Contractor reduce any of the Prices prior to the date on which the Benchmarker delivers the Benchmark Report in accordance with Paragraph 4.1. 4.4 If the Benchmark Report states that any Benchmarked Service is not Good Value or that the Benchmarked Services as a whole are not Good Value, then the Supplier Contractor shall (subject to Paragraphs 5.5 and 5.64.5 to 4.10) promptly implement the changes set out in the Benchmark Report as soon as reasonably practicable within timescales agreed in respect of this Framework Agreement and each Call-Off Agreement. 4.5 Where the Contractor believes (acting reasonably) that it is unable to implement the Benchmark Report promptly, it shall notify the Framework Authority and provide the Framework Authority with an implementation plan for the Benchmark Report (the "Benchmark Implementation Plan") for its approval (such approval not be unreasonably withheld or delayed). 4.6 Notwithstanding Paragraph 4.5, the Parties agree that the maximum period for implementation of any Benchmark Report shall be nine (9) months from the date on which the Benchmarker delivers the Benchmark Report in accordance with Paragraph 4.1. 4.7 Where the Framework Authority approves the Benchmark Implementation Plan, the Contractor shall implement the Benchmark Report in accordance with the Benchmark Implementation Plan. Where the Framework Authority but in does not approve the Benchmark Implementation Plan, the Contractor shall make any event within no more than 3 months. Any associated changes amendments to the Charges shall take effect only from Benchmark Implementation Plan reasonably requested by the same date Framework Authority and shall not be retrospective. The Supplier acknowledges and agrees that resubmit the revised Benchmark Reviews shall not result in any increase Implementation Plan to the ChargesFramework Authority for its approval. Where the Framework Authority fails to approve the resubmitted Benchmark Implementation Plan, disapplication the matter shall be referred to the Dispute Resolution Procedure. 4.8 Subject to the Contractor's right to reject the Benchmark Report in accordance with Paragraph 4.9, if the Benchmark Report determines that any or all of the Performance Indicators Benchmarked Services are not Good Value, any failure by the Contractor to reduce the Charges or to amend the Service Levels in order to make those Benchmarked Services Good Value in accordance with Paragraph 4.4 or the Benchmark Implementation Plan (as applicable), without prejudice to any reduction in other rights or remedies of the Target Performance Levels. Framework Authority, shall constitute a material Default for the purposes of Clause 41 (Suspension of the Call-Off Procedure). 4.9 The Supplier Contractor shall be entitled to reject any the Benchmark Report if the Supplier Contractor reasonably considers that the Benchmarker has not followed the procedure for the related Benchmark Review as set out in this Schedule in any material respect. The Supplier shall not be obliged to implement any Benchmark Report to the extent this would cause the Supplier to provide the Services at a loss (as determined, by reference to the Financial Model), or to the extent the Supplier cannot technically implement the recommended changes. . 4.10 In the event of any a Dispute arising over whether or rejection of the Benchmarker has followed the procedure for the related Benchmark Review Report under Paragraph 5.5 and/or any matter referred to in Paragraph 5.64.9, the Dispute matter shall be referred to an Expert Determinationfor determination in accordance with the procedure detailed in Schedule 7.3 (Dispute Resolution Procedure). For the avoidance of doubt in the event of a Dispute between the Parties, the Authority Customers shall continue to pay the Charges to the Supplier Contractor in accordance with the terms of this Agreement and the Performance Indicators and Target Performance Levels shall remain unchanged relevant Call-Off Agreements pending the conclusion of the Expert Determination. determination process. 4.11 On conclusion of the Expert Determination: determination process, if the Expert determines that all or any part of the Benchmark Report Report's recommendations regarding any reduction in the Charges Prices shall be implemented by the SupplierContractor, the Supplier Contractor shall immediately repay within thirty (30) days to each of the Authority Customers the difference between the Charges paid by the Authority Customers up to and including the date of the Expert's determination and the date upon on which the recommended reduction in Charges should have originally taken effect pursuant to Paragraph 5.3 together with interest thereon at the applicable rate under the Late Payment Of Commercial Debts (Interest) Act 1998; and if the Expert determines that all or any part of Benchmarker delivers the Benchmark Report recommendations regarding any changes to the Performance Indicators and/or Target Performance Levels shall be implemented by the Supplier: the Supplier shall immediately implement the relevant changes; the Supplier shall immediately pay an amount equal to any Service Credits which would have accrued up to and including the date of the Expert’s determination if the relevant changes had taken effect on the date determined pursuant to Paragraph 5.3 together with interest thereon at the applicable rate under the Late Payment Of Commercial Debts (Interest) Act 1998; and the relevant changes shall thereafter be subject to the Change Control Procedure for the purposes of formalising and documenting the relevant change or amendment for the purposes of this Agreement. Any failure by the Supplier to implement the changes as set out in the Benchmark Report in accordance with the relevant timescales determined in accordance with Paragraph 5.3 (unless the provisions of Paragraph 5.6 and/or Paragraph 5.7 apply) or in accordance with Paragraph 5.8 shall, without prejudice to any other rights or remedies of the Authority, constitute a Supplier Termination Event. THIS AGREEMENT is made on [date] [insert name] of [insert address] (the “Supplier”); and [insert name] of [insert address] (the “Benchmarker” and together with the Supplier, the “Parties”).

Benchmark Report. 5.1 The Benchmarker shall be required to prepare a Benchmark Report and deliver it simultaneously to both Parties, at the time specified in the plan approved under Paragraph 4, setting out its findings. The Benchmark Report shall: : (a) include a finding as to whether or not each Benchmarked Service is and/or whether the Benchmarked Services as a whole are, Good Value; ; (b) include other findings (if any) regarding the quality and competitiveness or otherwise of those Services; ; (c) if any Benchmarked Service is not Good Value, or the Benchmarked Services as a whole are not Good Value, specify the changes that would be required to the Charges, Performance Indicators and/or Target Performance Levels, that would be required to make that Benchmarked Service or those Benchmarked Services as a whole Good Value; and and (d) illustrate the method used for any normalisation of the Equivalent Services Data Data 5.2 The Benchmarker shall act as an expert and not as an arbitrator. . 5.3 If the Benchmark Report states that any Benchmarked Service is not Good Value or that the Benchmarked Services as a whole are not Good Value, then the Supplier shall (subject to Paragraphs 5.5 and 5.6) implement the changes set out in the Benchmark Report as soon as reasonably practicable within timescales agreed with the Authority but in any event within no more than 3 months. Any associated changes to the Charges shall take effect only from the same date and shall not be retrospective. . 5.4 The Supplier acknowledges and agrees that Benchmark Reviews shall not result in any increase to the Charges, disapplication of the Performance Indicators or any reduction in the Target Performance Levels. . 5.5 The Supplier shall be entitled to reject any Benchmark Report if the Supplier reasonably considers that the Benchmarker has not followed the procedure for the related Benchmark Review as set out in this Schedule in any material respect. . 5.6 The Supplier shall not be obliged to implement any Benchmark Report to the extent this would cause the Supplier to provide the Services at a loss (as determined, by reference to the Financial Model), or to the extent the Supplier cannot technically implement the recommended changes. . 5.7 In the event of any Dispute arising over whether the Benchmarker has followed the procedure for the related Benchmark Review under Paragraph 5.5 and/or any matter referred to in Paragraph 5.6, the Dispute shall be referred to Expert Determination. For the avoidance of doubt in the event of a Dispute between the Parties, the Authority shall continue to pay the Charges to the Supplier in accordance with the terms of this Agreement and the Performance Indicators and Target Performance Levels shall remain unchanged pending the conclusion of the Expert Determination. . 5.8 On conclusion of the Expert Determination: : (a) if the Expert determines that all or any part of the Benchmark Report recommendations regarding any reduction in the Charges shall be implemented by the Supplier, the Supplier shall immediately repay to the Authority the difference between the Charges paid by the Authority up to and including the date of the Expert's determination and the date upon which the recommended reduction in Charges should have originally taken effect pursuant to Paragraph 5.3 together with interest thereon at the applicable rate under the Late Payment Of Commercial Debts (Interest) Act 1998; and and (b) if the Expert determines that all or any part of the Benchmark Report recommendations regarding any changes to the Performance Indicators and/or Target Performance Levels shall be implemented by the Supplier: : (i) the Supplier shall immediately implement the relevant changes; ; (ii) the Supplier shall immediately pay an amount equal to any Service Credits which would have accrued up to and including the date of the Expert’s determination if the relevant changes had taken effect on the date determined pursuant to Paragraph 5.3 together with interest thereon at the applicable rate under the Late Payment Of Commercial Debts (Interest) Act 1998; and and (iii) the relevant changes shall thereafter be subject to the Change Control Procedure for the purposes of formalising and documenting the relevant change or amendment for the purposes of this Agreement. . 5.9 Any failure by the Supplier to implement the changes as set out in the Benchmark Report in accordance with the relevant timescales determined in accordance with Paragraph 5.3 (unless the provisions of Paragraph 5.6 and/or Paragraph 5.7 apply) or in accordance with Paragraph 5.8 shall, without prejudice to any other rights or remedies of the Authority, constitute a Supplier Termination Event. 1. THIS AGREEMENT is made on [date] [insert name] of [insert address] (the “Supplier”); and [insert name] of [insert address] (the “Benchmarker” and together with the Supplier, the “Parties”).Compass 2. Gartner 3. Forrester 4. ISG 5. Ovum

Benchmark Report. The Benchmarker shall be required to prepare a Benchmark Report and deliver it simultaneously to both Parties, at the time specified in the plan approved under Paragraph 4, setting out its findings. The Benchmark Report shall: include a finding as to whether or not each Benchmarked Service is and/or whether the Benchmarked Services as a whole are, Good Value; include other findings (if any) regarding the quality and competitiveness or otherwise of those Services; if any Benchmarked Service is not Good Value, or the Benchmarked Services as a whole are not Good Value, specify the changes that would be required to the Charges, Performance Indicators and/or Target Performance Levels, that would be required to make that Benchmarked Service or those Benchmarked Services as a whole Good Value; and illustrate the method used for any normalisation of the Equivalent Services Data The Benchmarker shall act as an expert and not as an arbitrator. If the Benchmark Report states that any Benchmarked Service is not Good Value or that the Benchmarked Services as a whole are not Good Value, then the Supplier shall (subject to Paragraphs 5.5 and 5.6) implement the changes set out in the Benchmark Report as soon as reasonably practicable within timescales agreed with the Authority but in any event within no more than 3 months. Any associated changes to the Charges shall take effect only from the same date and shall not be retrospective. The Supplier acknowledges and agrees that Benchmark Reviews shall not result in any increase to the Charges, disapplication of the Performance Indicators or any reduction in the Target Performance Levels. The Supplier shall be entitled to reject any Benchmark Report if the Supplier reasonably considers that the Benchmarker has not followed the procedure for the related Benchmark Review as set out in this Schedule in any material respect. The Supplier shall not be obliged to implement any Benchmark Report to the extent this would cause the Supplier to provide the Services at a loss (as determined, by reference to the Financial Model), or to the extent the Supplier cannot technically implement the recommended changes. In the event of any Dispute arising over whether the Benchmarker has followed the procedure for the related Benchmark Review under Paragraph 5.5 and/or any matter referred to in Paragraph 5.6, the Dispute shall be referred to Expert Determination. For the avoidance of doubt in the event of a Dispute between the Parties, the Authority shall continue to pay the Charges to the Supplier in accordance with the terms of this Agreement and the Performance Indicators and Target Performance Levels shall remain unchanged pending the conclusion of the Expert Determination. On conclusion of the Expert Determination: if the Expert determines that all or any part of the Benchmark Report recommendations regarding any reduction in the Charges shall be implemented by the Supplier, the Supplier shall immediately repay to the Authority the difference between the Charges paid by the Authority up to and including the date of the Expert's determination and the date upon which the recommended reduction in Charges should have originally taken effect pursuant to Paragraph 5.3 together with interest thereon at the applicable rate under the Late Payment Of Commercial Debts (Interest) Act 1998; and if the Expert determines that all or any part of the Benchmark Report recommendations regarding any changes to the Performance Indicators and/or Target Performance Levels shall be implemented by the Supplier: the Supplier shall immediately implement the relevant changes; the Supplier shall immediately pay an amount equal to any Service Credits which would have accrued up to and including the date of the Expert’s determination if the relevant changes had taken effect on the date determined pursuant to Paragraph 5.3 together with interest thereon at the applicable rate under the Late Payment Of Commercial Debts (Interest) Act 1998; and the relevant changes shall thereafter be subject to the Change Control Procedure for the purposes of formalising and documenting the relevant change or amendment for the purposes of this Agreement. Any failure by the Supplier to implement the changes as set out in the Benchmark Report in accordance with the relevant timescales determined in accordance with Paragraph 5.3 (unless the provisions of Paragraph 5.6 and/or Paragraph 5.7 apply) or in accordance with Paragraph 5.8 shall, without prejudice to any other rights or remedies of the Authority, constitute a Supplier Termination Event. THIS AGREEMENT is made on [date] [insert name] of [insert address] (the “Supplier”); and [insert name] of [insert address] (the “Benchmarker” and together with the Supplier, the “Parties”).

Benchmark Report. The Benchmarker shall be required to prepare a Benchmark Report and deliver it simultaneously to both Parties, at the time specified in the plan approved under Paragraph 4, setting out its findings. The Benchmark Report shall: include a finding as to whether or not each Benchmarked Service is and/or whether the Benchmarked Services as a whole are, Good Value; include other findings (if any) regarding the quality and competitiveness or otherwise of those Services; if any Benchmarked Service is not Good Value, or the Benchmarked Services as a whole are not Good Value, specify the changes that would be required to the Charges, Performance Indicators and/or Target Performance Levels, that would be required to make that Benchmarked Service or those Benchmarked Services as a whole Good Value; and illustrate the method used for any normalisation of the Equivalent Services Data Data. The Benchmarker shall act as an expert and not as an arbitrator. If the Benchmark Report states that any Benchmarked Service is not Good Value or that the Benchmarked Services as a whole are not Good Value, then the Supplier shall (subject to Paragraphs 5.5 and 5.6) implement the changes set out in the Benchmark Report as soon as reasonably practicable within timescales agreed with the Authority but in any event within no more than 3 months. Any associated changes to the Charges shall take effect only from the same date and shall not be retrospective. The Supplier acknowledges and agrees that Benchmark Reviews shall not result in any increase to the Charges, disapplication of the Performance Indicators or any reduction in the Target Performance Levels. The Supplier Authority shall be entitled to reject any Benchmark Report if the Supplier Authority reasonably considers that the Benchmarker has not followed the procedure for the related Benchmark Review as set out in this Schedule in any material respect. The Supplier shall not be obliged to implement If the implementation of any Benchmark Report to the extent this would cause causes the Supplier to provide the Services at a loss (as determined, by reference to the Financial ModelResponse Template), or to the extent should the Supplier cannot be unable technically implement the recommended changeschanges then the Supplier shall inform the Authority of the same. The Parties shall then seek to negotiate such a change that would not cause the Supplier to provide the Services at a loss or in such a way that the Supplier would be technically able to implement the changes (as applicable). Should the Parties be unable to negotiate such a change within 20 Working Days then the matter shall be referred to the Dispute Resolution Procedure in accordance with Paragraph 5.7 below. In the event of any Dispute arising over whether the Benchmarker has followed the procedure for the related Benchmark Review under Paragraph 5.5 and/or any matter referred to in Paragraph 5.6, the Dispute shall be referred to Expert Determination. For the avoidance of doubt in the event of a Dispute between the Parties, the Authority shall continue to pay the Charges to the Supplier in accordance with the terms of this Agreement and the Performance Indicators and Target Performance Levels shall remain unchanged pending the conclusion of the Expert Determination. On conclusion of the Expert Determination: if the Expert determines that all or any part of the Benchmark Report recommendations regarding any reduction in the Charges shall be implemented by the Supplier, the Supplier shall immediately repay to the Authority the difference between the Charges paid by the Authority up to and including the date of the Expert's determination and the date upon which the recommended reduction in Charges should have originally taken effect pursuant to Paragraph 5.3 together with interest thereon at the applicable rate under the Late Payment Of Commercial Debts (Interest) Act 1998; and if the Expert determines that all or any part of the Benchmark Report recommendations regarding any changes to the Performance Indicators and/or Target Performance Levels shall be implemented by the Supplier: the Supplier shall immediately implement the relevant changes; the Supplier shall immediately pay an amount equal to any Service Credits which would have accrued up to and including the date of the Expert’s 's determination if the relevant changes had taken effect on the date determined pursuant to Paragraph 5.3 together with interest thereon at the applicable rate under the Late Payment Of of Commercial Debts (Interest) Act 1998; and the relevant changes shall thereafter be subject to the Change Control Procedure for the purposes of formalising and documenting the relevant change or amendment for the purposes of this Agreement. Any failure by the Supplier to implement the changes as set out in the Benchmark Report in accordance with the relevant timescales determined in accordance with Paragraph 5.3 (unless the provisions of Paragraph 5.6 and/or Paragraph 5.7 apply) or in accordance with Paragraph 5.8 shall, without prejudice to any other rights or remedies of the Authority, constitute a Supplier Termination Event. KPMG PA Consulting British Food Industries Gartner Services AT Kearney Deloitte Accenture Plus any jointly agreed Benchmarking Company for any Benchmarked Service not covered by any of the above. THIS AGREEMENT is made on [date] [insert name] of [insert address] (the “Supplier”); and [insert name] of [insert address] (the “Benchmarker” and together with the Supplier, the “Parties”).]