GAINSHARE. The Authority and the Contractor shall during the period of Contract identify all possible areas for Gainshare. ▇▇▇▇▇▇▇▇▇ is defined as working together to derive mutual advantage where there is a benefit to both the Authority and the Contractor. Any Gainshare proposal shall be raised using the Change Proposal form (Gainshare Agreement) at Annex G to the Contract. Any Gainshare identified shall be considered in line with the Framework Agreement at Annex L to the Contract. All savings achieved as a result of a Gainshare agreement shall be shared, in a ratio to be agreed between both parties, subject to the following: Any non-recurring costs incurred during investigation and subsequent implementation of any agreed ▇▇▇▇▇▇▇▇▇ arrangement shall be offset against the agreed savings, Any non-recurring costs incurred by the Contractor during investigation of a proposed Gainshare which has been approved by the Authority during a quarterly Progress Meeting, but where it is later decided by the Authority not to proceed with the Gainshare, shall be allowed as a genuine charge to the Contract, Any non-recurring costs incurred by the Contractor during investigation of a proposed Gainshare which has been approved by the Authority during a quarterly Progress Meeting, but where it is later decided by mutual agreement not to proceed with the Gainshare, shall be shared in a ratio to be agreed between both parties. The Authority may at his discretion, request the Contractor to provide a quotation for non- recurring costs incurred. The Contractor shall not claim any profit when recovering non- recurring costs under a Gainshare proposal. EXIT STRATEGY In furtherance of DEFCON 514, the Authority shall not be liable for additional charge(s) other than those the Contract Conditions that apportion liability to the Authority in respect of the winding up of the Contract. Where appropriate, the Authority may require the Contractor to furnish a report covering work completed to the date of termination. LOANS DEFCON 694 (Edn 03/16) - Accounting For Property of the Authority DEFCON 611 (Edn 02/16) - Issued Property TASKING PROCEDURE APPLICABLE TO ITEM 10 OF DEFFORM 110 THE SCHEDULE OF REQUIREMENTS.
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GAINSHARE. The Authority and the Contractor shall during the period of the Contract identify all possible areas for Gainshare. ▇▇▇▇▇▇▇▇▇ is defined as working together to derive mutual advantage where there is a benefit to both the Authority and the Contractor. Any Gainshare proposal shall be raised using the Change Proposal form (Gainshare Agreement) at Annex G E to the ContractSchedule 9. Any Gainshare identified shall be considered in line with the Framework Agreement at Annex L E to the ContractSchedule 9. All savings achieved as a result of a Gainshare agreement shall be shared, in a ratio to be agreed between both parties, subject to the following: Any non-recurring costs incurred during investigation and subsequent implementation of any agreed ▇▇▇▇▇▇▇▇▇ arrangement shall be offset against the agreed savings, . Any non-recurring costs incurred by the Contractor during investigation of a proposed Gainshare which has been approved by the Authority during a quarterly Progress Meeting, but where it is later decided by the Authority not to proceed with the Gainshare, shall be allowed as a genuine charge to the Contract, Any non-recurring costs incurred by the Contractor during investigation of a proposed Gainshare which has been approved by the Authority during a quarterly Progress Meeting, but where it is later decided by mutual agreement not to proceed with the Gainshare, shall be shared in a ratio to be agreed between both parties. The Authority may at his discretion, request the Contractor to provide a quotation for non- recurring costs incurred. The Contractor shall not claim any profit when recovering non- recurring costs under a Gainshare proposal. EXIT STRATEGY This Condition shall apply to all copyright works generated under the Contract, or delivered to the Authority under the provisions of the Contract, except that it shall not apply to copyright works consisting of technical data and software where such rights are granted elsewhere in the Contract. The Contractor shall use all reasonable endeavours to ensure that copyright in any work generated under the Contract shall be the property of and vest in the Contractor, subject to the rights of third parties in pre-existing works. The Contractor agrees not to publish any copyright work generated under the Contract without the consent in writing from the Authority. The Authority will not normally raise objection to publication unless delay or limited publication only is considered necessary in the national interest. The Authority will review, upon request by the Contractor, any such restriction on publication. The Authority shall have, in respect of any copyright work to which this Condition applies, a free licence: to copy the work and to circulate and use the work or any copy thereof within any United Kingdom Government Department (which term includes the United Kingdom Armed Forces) provided that no part of the work nor any copy thereof shall, except with the prior written permission of the Contractor or pursuant to clauses b., c. or d. of this condition, be made available to any third party; to issue the work or any part of the work or any copy of the work or any part thereof to any contractor or agent for the purpose of use only in connection with a contract for the United Kingdom Government for the study, management, evaluation, and/or assessment of the work, provided that any such contractor or agent shall be placed under an obligation which restricts disclosure and use of such work to the said purpose; to issue the work or any part of the work or any copy of the work or any part thereof to the government of a nation who is a member of the EU or NATO or bodies forming part of said groupings, to the Governments of Australia, New Zealand and Japan or such other government(s) of nation(s) prescribed in the Contract, for information only, in pursuance of information exchange arrangements for defence purposes, provided that the recipient government is placed under an obligation not to use such work for other than information purposes or disclose it to a third party; to issue the work or any part of the work or any copy of the work or any part thereof to another supplier or potential supplier to the United Kingdom Government for the purpose of use only under a contract, or tendering for a proposed contract, for a United Kingdom Government purpose, provided that the supplier or potential supplier is placed under an obligation which restricts disclosure and use of such work to the said purposes. Provided that, subject to any pre-existing rights of the Authority, clauses c. and d. shall only apply to the work or any part of the work or any copy of the work or any part thereof if such work or part thereof is generated under the Contract. Clauses c. and d. shall apply to all works or part thereof unless otherwise marked by the Contractor in accordance with clause 46.4 above. As soon as it becomes aware that any copyright work or part thereof Delivered or proposed to be Delivered is a work subject to special conditions or any third-party rights known to the Contractor, or is a work or part thereof not generated under the Contract, the Contractor shall inform the Authority and upon Delivery shall appropriately mark such work or part thereof to identify the same and indicate the relevant conditions or rights. The Contractor may mark or include in any copyright work to which this Condition applies a copyright notice provided that such copyright notice acknowledges the Authority's rights under this Condition. Any such notice shall be perpetuated in any copies of such work made by the Authority or any other United Kingdom Government Department or its agents or contractors. This Condition shall constitute an "agreement to the contrary" for the purposes of Section 48 of the Copyright, Design and Patents Act 1988. In furtherance this Condition "copyright work" shall be understood to include any works, data or other materials in which a database right subsists. The option period detailed below is subject to FIXED pricing in line with the Variation of DEFCON 514Price clause 47.3, should the option periods be exercised. In addition to the quantity detailed in the Schedule of Requirements, the Contractor hereby grants to the Authority the following irrevocable options to purchase additional years of supply and support as set out below, in accordance with the Terms and Conditions set out in this Contract or any such subsequent Contract or Contracts where such options are taken up, it being agreed that the Authority has no obligation to exercise such options. Up to an additional three years of In Service Support in accordance with the Statement of Work. The Authority shall have the right to exercise the options during the Contract, subject to the Authority exercising the option no later than three calendar months prior to the commencement period of the option or within such further period as corresponds to the aggregate of any period(s): of delay in the delivery programme whether constituting any breach of the Contract or; for the duration of which the Authority is prevented from exercising any such option by reason of any other breach of the Contract by the Contractor. The Authority shall have the right to exercise the options by notifying the Contractor in the form of a contract amendment. Only the Authority’s Commercial Officer or their authorised representative is authorised to exercise the options. Options will be implemented in either monthly or yearly increments subject to the work involved, to be confirmed at the time of option exercise. Claims for payment are subject to an agreed incentivisation arrangement. The Contractor agrees to the delivery requirements for all Items listed in the Schedule of Requirements (Schedule 2) in accordance with the Key Performance Indicators (KPIs) at Annex B to the Contract. In the event that during any performance review period the Contractor fails to meet his obligations, the Authority is entitled to the retention of a percentage of payment due to the Contractor in accordance with Annex B. The retention figure represents the diminished value of the service received in the event of a failure against the KPIs. The Contractor’s performance under the Contract shall be monitored by the Authority and measured following each delivery. The Authority shall assess the Contractor's performance against the KPIs in accordance with ▇▇▇▇▇ ▇ as either having met or not met his performance target. The aim of KPI measurement is to capture effectively the key outputs of the Contract and to provide the Authority with an objective and realistic measurement of the Contractor’s performance and to provide an incentivisation mechanism which encourages high performance and continuous improvement. The KPIs and PIs identified at Annex B are jointly agreed between the Authority and the Contractor and are deemed to be objectives against which performance can be assessed. The agreed KPIs and PIs shall be applicable for the duration of the Contract unless formally amended. The Authority shall be responsible for measuring the KPIs, evaluating performance against all KPIs following each delivery. Payment will not be liable made until any performance credits have been deducted to reflect poor performance where it occurs. The KPIs will be managed in accordance with the process set out at Annex B. If the Contractor should score ‘Red’ for additional charge(s) other than those a KPI on 2 or more occasions in a rolling 12-month period the Authority may, by notice in writing to the Contractor, terminate the Contract Conditions that apportion liability to the Authority with immediate effect in respect accordance with clause 40, or set a new date for achievement of the winding up of the ContractKPI. Where appropriate, the The Authority may will require the Contractor to furnish submit a report covering work completed recovery plan when the contractor scores Amber against a KPI, and where applicable update this against a red KPI. which, if found acceptable to the Authority, will agree a new date of termination. LOANS DEFCON 694 (Edn 03/16) - Accounting For Property for successful achievement of the respective delivery . The Authority DEFCON 611 reserves the right not to reset the KPI to green. The Authority must formally respond to this plan within five (Edn 02/165) - Issued Property TASKING PROCEDURE APPLICABLE TO ITEM 10 OF DEFFORM 110 THE SCHEDULE OF REQUIREMENTSworking days. Under a red KPI or 2 amber KPI’s within a 6 month period, if the recovery plan is not acceptable to the Authority, then the Authority reserves the right to terminate the Contract with immediate effect. In the event that the Authority accepts the Contractor’s recovery plan, the Contractor shall work to the recovery plan as if it were the date originally specified in the Contract deliverables. If the Contractor fails to meet the new date for achievement of the deliverable identified in his recovery plan, then the Authority reserves the right to terminate the Contract with immediate effect. The Authority shall use the results collated over the duration of the contract for the KPIs as a performance measurement tool and may communicate the results to the Supplier Relations Team (SRT) and the Supplier Relations Group – (SRG) for use by other Ministry of Defence personnel and other government departments where required. The Task Approval Form at Annex F1 shall be used to authorise ad-hoc support activities under the Contract. The Authority’s Project Manager shall define the content of the work required and shall issue a Task Approval Form. The Task Approval Form shall identify the individual priority of the Task. The Contractor shall be advised by the Authority’s Project Manager of the Task Number to be used. The Contractor shall complete part 2 of the Task Approval Form giving details of how he will carry out the work specified in Part 1 and provide a firm price quotation for the task. The Contractor shall give a breakdown by labour grade, man-hours and any other costs, utilising the agreed rates at Annex F2. Part B shall be returned within 5 Business days of receipt by the Contractor.
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