Common use of Best Value Clause in Contracts

Best Value. 13.1 The Provider acknowledges that: 13.1.1 the Council is subject to the Best Value Duty; 13.1.2 the provisions of this clause 13 are intended to assist the Council in discharging its Best Value Duty in relation to the Services; and 13.1.3 the provisions of this clause 13.1 shall apply in respect of the obligations of the Provider and the Council concerning the Best Value Duty. 13.2 The Provider shall, throughout the Term, but only to the extent of its obligations in this Contract, make arrangements to secure continuous improvement in the way in which the Services are provided, having regard to a combination of economy, efficiency and effectiveness. 13.3 The Provider shall undertake or refrain from undertaking such actions as the Council shall reasonably request to enable the Council to comply with its Best Value Duty, including: 13.3.1 complying with all requests by the Council to procure the attendance of specific officers or employees of the Provider or any Sub-Contractor (or to procure attendance of any of its or their Sub- Contractors) at any meetings of the Council at which the Services are to be discussed (but not, otherwise than in exceptional circumstances, more than twice in any one (1) Contract Year); 13.3.2 permitting any officer or employee of the Council at all reasonable times and upon reasonable notice, access to: (a) any document or data relating to the Services; (b) any Provider Personnel or Sub-Contractor Personnel. 13.4 Annual Service Report and Annual Service Plan Where required under the Service Specification, without prejudice to any other provision in this Contract the Provider shall, no later than the two (2) months prior to each anniversary of the Commencement Date in each Contract Year, at its own cost provide to the Council a written report (the “Annual Service Report”) in accordance with the requirements of the Service Specification. 13.4.1 The Provider shall upon a written request from the Council promptly provide such written evidence or other supporting information as the Council may reasonably require to verify and audit the information and other material contained in the Annual Service Report. 13.4.2 If, in the Council's reasonable opinion, the provision, performance or delivery of the Services (or any part) may be more effective, efficient and economic having regard to the Annual Service Report and the Best Value Duty, then the Council may serve a written notice upon the Provider (a “Best Value Service Change Notice”) stating the nature and timing of the changes to the provision, performance or delivery of the Services (or the relevant part) which the Council desires. 13.4.3 The Provider shall, within twenty (20) Business Days of the date of receipt of the Best Value Service Change Notice, provide the Council at its own cost with a written statement (the “Annual Service Plan”) containing the Service Delivery Proposals to achieve the change to the Services (or the relevant part) in accordance with the Best Value Service Change Notice. 13.4.4 As soon as practicable after the Council receives the Annual Service Plan, the Parties shall discuss and agree the issues set out in the Annual Service Plan. In such discussions the Council may modify the Best Value Service Change Notice, in which case the Provider shall, as soon as practicable, and in any event not more than twenty (20) Business Days after the receipt of such modification, notify the Council of any consequential changes to the Annual Service Plan. 13.4.5 If the Parties cannot agree on the contents of the Annual Service Plan then the dispute will be determined in accordance with the Disputes Resolution Procedure. 13.4.6 As soon as practicable after the content of the Annual Service Plan has been agreed or otherwise determined pursuant to the dispute resolution procedure the Council shall: (a) confirm in writing the Annual Service Plan; or (b) withdraw the Best Value Service Change Notice. 13.4.7 If the Council either withdraws the Best Value Service Change Notice or does not confirm the Annual Service Plan within twenty (20) Business Days of the Annual Service Plan having been agreed or determined pursuant to the Disputes Resolution Procedure, then the Annual Service Plan and the Best Value Service Change Notice shall be deemed to have been withdrawn. 13.4.8 If the Council confirms the Annual Service Plan then the Council shall issue a change notice (which shall include the information set out in the Best Value Service Change Notice) in accordance with clause 12. 13.5 The Provider shall take all reasonable steps to mitigate any costs and maximise any savings arising as a consequence of a Best Value Service Change Notice and a change notice served pursuant to clause 13.4.7 (Annual Service Report and Annual Service Plan).

Best Value. 13.1 The Provider acknowledges that: 13.1.1 the Council is subject to the Best Value Duty; 13.1.2 the provisions of this clause 13 are intended to assist the Council in discharging its Best Value Duty in relation to the Services; and 13.1.3 the provisions of this clause 13.1 shall apply in respect of the obligations of the Provider and the Council concerning the Best Value Duty. 13.2 The Provider shall, throughout the Term, but only to the extent of its obligations in this Contract, make arrangements to secure continuous improvement in the way in which the Services are provided, having regard to a combination of economy, efficiency and effectiveness. 13.3 The Provider shall undertake or refrain from undertaking such actions as the Council shall reasonably request to enable the Council to comply with its Best Value Duty, including: 13.3.1 complying with all requests by the Council to procure the attendance of specific officers or employees of the Provider or any Sub-Sub- Contractor (or to procure attendance of any of its or their Sub- Contractorssub- contractors) at any meetings of the Council at which the Services are to be discussed (but not, otherwise than in exceptional circumstances, more than twice in any one (1) Contract Year);. 13.3.2 permitting any officer or employee of the Council at all reasonable times and upon reasonable notice, access to: (a) any document or data relating to the Services; (b) any Provider Personnel or Sub-Contractor Personnel. 13.4 Annual Service Report and Annual Service Plan Where required under the Service Specification, without Plan 13.4.1 Without prejudice to any other provision in this Contract the Provider shall, no later than the two (2) months prior to each anniversary of the Commencement Date in each Contract Year, shall at its own cost provide to the Council a written report (the “Annual Service Report”) in accordance with clause 8.35 (Annual Contract Review) above and the requirements of the Service Specification. 13.4.1 13.4.2 The Provider shall upon a written request from the Council promptly provide such written evidence or other supporting information as the Council may reasonably require to verify and audit the information and other material contained in the Annual Service Report. 13.4.2 13.4.3 If, in the Council's reasonable opinion, the provision, performance or delivery of the Services (or any part) may be more effective, efficient and economic having regard to the Annual Service Report and the Best Value Duty, then the Council may serve a written notice upon the Provider (a “Best Value Service Change Notice”) stating the nature and timing of the changes to the provision, performance or delivery of the Services (or the relevant part) which the Council desires. 13.4.3 13.4.4 The Provider shall, within twenty (20) Business Days of the date of receipt of the Best Value Service Change Notice, provide the Council at its own cost with a written statement (the “Annual Service Plan”) containing the Service Delivery Proposals to achieve the change to the Services (or the relevant part) in accordance with the Best Value Service Change Notice. 13.4.4 13.4.5 As soon as practicable after the Council receives the Annual Service Plan, the Parties shall discuss and agree the issues set out in the Annual Service Plan. In such discussions the Council may modify the Best Value Service Change Notice, in which case the Provider shall, as soon as practicable, and in any event not more than twenty (20) Business Days after the receipt of such modification, notify the Council of any consequential changes to the Annual Service Plan. 13.4.5 13.4.6 If the Parties cannot agree on the contents of the Annual Service Plan then the dispute will be determined in accordance with the Disputes Resolution Procedure. 13.4.6 13.4.7 As soon as practicable after the content of the Annual Service Plan has been agreed or otherwise determined pursuant to the dispute resolution procedure the Council shall: (a) confirm in writing the Annual Service Plan; or (b) withdraw the Best Value Service Change Notice. 13.4.7 13.4.8 If the Council either withdraws the Best Value Service Change Notice or does not confirm the Annual Service Plan within twenty (20) Business Days of the Annual Service Plan having been agreed or determined pursuant to the Disputes Resolution Procedure, then the Annual Service Plan and the Best Value Service Change Notice shall be deemed to have been withdrawn. 13.4.8 13.4.9 If the Council confirms the Annual Service Plan then the Council shall issue a change notice (which shall include the information set out in the Best Value Service Change Notice) in accordance with clause 12. 13.4.10 To the extent that the implementation of the proposals in the Annual Service Plan will result in a decrease in the costs of the Provider, the Charges shall be adjusted downwards. 13.4.11 To the extent that the implementation of the proposals in the Annual Service Plan will result in an increase in the costs of the Provider, the Charges shall be adjusted upwards 13.5 The Provider shall take all reasonable steps to mitigate any costs and maximise any savings arising as a consequence of a Best Value Service Change Notice and a change notice served pursuant to clause 13.4.7 13.413.4.8 (Annual Service Report and Annual Service Plan).