Common use of TRANSPARENCY AND INFORMATION Clause in Contracts

TRANSPARENCY AND INFORMATION. 18.1 Subcontractor's Records and Provision of Information (a) The Subcontractor shall: (i) at all times maintain a full record of particulars of the costs of performing the Services; and (ii) when requested by the Contractor, provide all of the costs referred to in Clause 18.1(a)(i), including details of any funds held by the Subcontractor specifically to cover those costs, in the form and detail as the Contractor may require. (b) The Subcontractor shall keep (and procure that each subcontractor shall keep) books of account in accordance with best accountancy practice with respect to this Agreement showing in detail: (i) administrative overheads; (ii) payments made to its subcontractors and any other operating costs; (iii) capital and revenue expenditure; and (iv) all other items that the Contractor may require to conduct cost audits for verification of cost expenditure or estimated expenditure, for the purpose of this Agreement. (c) The Subcontractor shall maintain or procure that full records are maintained of: (i) the Subcontractor’s performance against the Service Levels and the payment of Service Credits; (ii) all incidents relating to health, safety and security which occur during the term of this Agreement; and (iii) of all staff matters including turnover, pay and disciplinary matters. (d) The Subcontractor shall, within the timescale specified by the Contractor, provide the Contractor with all data, statistics and other information in its possession or control including information which it obtains in connection with the performance of its obligations under this Agreement which the Contractor reasonably requires for the purposes of the Contractor's ability to manage this Agreement and assuring delivery of the Services. (e) The Subcontractor shall provide all information requested by any or all organisations and agencies as the Authority reasonably requests, for the purposes of those agencies carrying out their public duties. (f) The Subcontractor shall permit records referred to in this Clause 18 to be examined and copied by the Authority and any Authority Related Party, and by the Comptroller and Auditor General and his representatives. (g) The records referred to in this Clause 18 shall be retained for the periods specified in the Authority’s [Record Retention Disposal and Archiving Policy PI 6/2011]. [Explanatory Note: This policy may be updated and/or replaced from time to time.] (h) If the Contractor wishes to enter into an agreement with a New Subcontractor on termination of this Agreement, or engage in a comparison of services and costs between providers of services similar to the Services at any time during the Contract Period, the Subcontractor shall (and shall ensure that each of its subcontractors shall) comply with all requests of the Contractor to provide information which it reasonably requires for the purposes of that agreement, any associated procurement process and engagement in a comparison of services and costs between providers of services similar to the Service including in relation to the Subcontractor's costs of providing the Services. (i) The Subcontractor shall: (i) provide to the Contractor copies of its annual report and accounts within 20 Business Days after their publication; (ii) use all reasonable endeavours to assist the Contractor in its preparation of any report required by the Authority, from time to time; and (iii) provide all information reasonably required by the Contractor in connection with Changes in accordance with the provisions of the Change Protocol. (j) The Subcontractor agrees that performance related and financial information provided to the Contractor under this Agreement will be made available to the Authority and any Authority Related Party at its request for the purposes of contract management, assessing the suitability for bidders when considering the award of contracts and overseeing the management, and the performance, of relationships with strategic suppliers at a cross- Government level.

TRANSPARENCY AND INFORMATION. 18.1 Subcontractor's Records and Provision of Information (a) The Subcontractor shall: (i) at all times maintain a full record of particulars of the costs of performing the Services; and (ii) when requested by the Contractor, provide all of the costs referred to in Clause 18.1(a)(i), including details of any funds held by the Subcontractor specifically to cover those costs, in the form and detail as the Contractor may require. (b) The Subcontractor shall keep (and procure that each subcontractor shall keep) books of account in accordance with best accountancy practice with respect to this Agreement showing in detail: (i) administrative overheads; (ii) payments made to its subcontractors and any other operating costs; (iii) capital and revenue expenditure; and (iv) all other items that the Contractor may require to conduct cost audits for verification of cost expenditure or estimated expenditure, for the purpose of this Agreement. (c) The Subcontractor shall maintain or procure that full records are maintained of: (i) the Subcontractor’s performance against the Service Levels and the payment of Service Credits; (ii) all incidents relating to health, safety and security which occur during the term of this Agreement; and (iii) of all staff matters including turnover, pay and disciplinary matters. (d) The Subcontractor shall, within the timescale specified by the Contractor, provide the Contractor with all data, statistics and other information in its possession or control including information which it obtains in connection with the performance of its obligations under this Agreement which the Contractor reasonably requires for the purposes of the Contractor's ability to manage managing this Agreement and Agreement, assuring delivery of the Services, managing an offender (including information for the purposes of preparing a pre- sentence or parole report, sentencing requirements and information for other parole purposes), ensuring public protection, undertaking evaluation and obtaining evidence of measures which effectively reduce reoffending, assuring the proper use of public money and meeting its specific duties under Part 1 of the OMA including the preparation of its annual plan under section 8 of the OMA. (e) The Subcontractor shall provide all information requested by any or all of the Police National Crime Agency, the Security Services, the Secret Intelligence Service, Immigration Enforcement, Victim Liaison Unit, the Multi Agency (Lifer) Risk Assessment Panel and all other organisations and agencies as the Authority reasonably requests, for the purposes of those agencies carrying out their duties to protect the public dutiesfrom serious harm in terms of counter terrorism, radicalisation, and serious organised crime and to prevent and detect crime and assist with immigration enforcement. (f) The Subcontractor shall permit records referred to in this Clause 18 to be examined and copied by the Authority and any Authority Related Party, and by the Comptroller and Auditor General and his representatives. (g) The records referred to in this Clause 18 shall be retained for the periods specified in the Authority’s [Record Retention Disposal and Archiving Policy PI 6/2011]. [Explanatory Note: This policy may be updated and/or replaced from time to time.] (h) If the Contractor wishes to enter into an agreement with a New Subcontractor on termination of this Agreement, or engage in a comparison of services and costs between providers of services similar to market testing in connection with the Services at any time during the Contract Period, the Subcontractor shall (and shall ensure that each of its subcontractors shall) comply with all requests of the Contractor to provide information which it reasonably requires for the purposes of that agreement, any associated procurement process process, and engagement in a comparison of services and costs between providers of services similar to the Service market testing including in relation to the Subcontractor's costs of providing the Services. (i) The Subcontractor shall: (i) provide to the Contractor copies of its annual report and accounts within 20 Business Days after their publication; (ii) use all reasonable endeavours to assist the Contractor in its preparation of any report required by the Authority, from time to time; and (iii) provide all information reasonably required by the Contractor in connection with Changes in accordance with the provisions of the Change Protocol. (j) The Subcontractor agrees that performance related and financial information provided to the Contractor under this Agreement will be made available to the Authority and any Authority Related Party a Commissioning Body at its request for the purposes of contract management, assessing the suitability for bidders when considering the award of contracts and overseeing the management, and the performance, of relationships with strategic suppliers at a cross- cross-Government level.

TRANSPARENCY AND INFORMATION. 18.1 Subcontractor36.1 Contractor's Records and Provision of Information (a) The Subcontractor Contractor shall: (i) at all times maintain a full record of particulars of the costs of performing the Services; and (ii) when requested by the ContractorAuthority, provide all of the costs referred to in Clause 18.1(a)(i36.1(a)(i), including details of any funds held by the Subcontractor Contractor specifically to cover those costs, in the form and detail as the Contractor Authority may require. (b) The Subcontractor Contractor shall keep (and procure that each subcontractor the Subcontractors shall keep) books of account in accordance with best accountancy practice with respect to this Agreement showing in detail: (i) administrative overheads; (ii) payments made to its subcontractors and any other operating costs; (iii) capital and revenue expenditure; and (iv) all other items that the Contractor Authority may require to conduct cost audits for verification of cost expenditure or estimated expenditure, for the purpose of this Agreement. (c) The Subcontractor Contractor shall maintain or procure that full records are maintained of: (i) the SubcontractorContractor’s performance against the Service Levels Performance Measures and the payment of Service Credits; (ii) all incidents relating to health, safety and security which occur during the term of this Agreement; and (iii) of all staff matters including turnover, pay and disciplinary matters. (d) . The Subcontractor Contractor shall, within and shall procure that each Subcontractor shall provide to the timescale specified by the ContractorAuthority and each Authority Related Party, provide the Contractor with all data, statistics and other information in its possession or control including information which it obtains in connection with the performance of its obligations under this Agreement which the Contractor reasonably requires for the purposes of the Contractor's ability to manage managing this Agreement and Agreement, assuring delivery of the Services, risk management, managing an Applicable Person (including information for the purposes of preparing a pre sentence or parole report, sentencing requirements and information for other court or parole purposes), ensuring public protection, undertaking evaluation and obtaining evidence of measures which effectively reduce reoffending, assuring the proper use of public money and meeting its specific duties under Part 1 of the OMA including the preparation of its annual plan under section 8 of the OMA. (d) The Contractor shall comply with all directions from the Authority and each Authority Related Party (if directed to do so by the Authority) to take all action with respect to an Applicable Person which the Authority or the relevant Authority Related Party requires if that action is required in the public interest including action relating to the application of the Services to the Applicable Person, the management of the Applicable Person’s case and any subject access requests relating to the Applicable Person. The Contractor agrees that the direction shall be Confidential Information for the purposes of this Agreement including the fact that the direction itself has been made and the provision of Clause 36.4 shall apply to it. (e) The Subcontractor Contractor shall provide all information requested by any or all of the Police National Crime Agency, the Security Services, the Secret Intelligence Service, Immigration Enforcement, Victim Liaison Unit, the Multi Agency (Lifer) Risk Assessment Panel and all other organisations and agencies as the Authority reasonably requests, for the purposes of those agencies carrying out their duties to protect the public dutiesfrom serious harm in terms of counter terrorism, radicalisation, and serious organised crime and to prevent and detect crime and assist with immigration enforcement. (f) The Subcontractor Contractor shall comply with Schedule 20 (Management Information) with respect to the creation and management of the records referred to in this Clause 36. (g) The Contractor shall permit records referred to in this Clause 18 36 to be examined and copied by the Authority and any Authority Related Party, and by the Comptroller and Auditor General and his representatives. (gh) The records referred to in this Clause 18 Contractor shall ensure that all Project Data shall be retained for the periods specified in the Authority’s [Mandatory Probation Instruction “Record Retention Disposal and Archiving Policy PI 6/2011]. [Explanatory Note: This policy may be updated and/or replaced from time to time”.] (hi) If the Contractor Authority wishes to enter into an agreement with a New Subcontractor Community Rehabilitation Company on expiry or termination of this Agreement, Agreement or engage in a comparison of services and costs between providers of services similar to the Services market testing at any time during the Contract Period, the Subcontractor Contractor shall (and shall ensure that each of its subcontractors shall) comply with all requests of the Contractor Authority to provide information which it reasonably requires for the purposes of that agreement, any associated procurement process and engagement in a comparison of services and costs between providers of services similar to the Service market testing including in relation to the SubcontractorContractor's costs of providing the Services. (ij) The Subcontractor Contractor shall: (i) provide to the Contractor Authority copies of its annual report and accounts within 20 Business Days after their publication; (ii) use all reasonable endeavours to assist the Contractor Authority in its preparation of any report required by the Authoritya government department, from time to time; and (iii) provide all information reasonably required by the Contractor Authority in connection with Changes in accordance with the provisions of the Change Protocol. (jk) The Subcontractor Authority may, where there has been a Contractor Default, require the Contractor to provide an interim project report and, without prejudice to its other rights and remedies, to attend meetings that the Authority may convene to discuss that report and the circumstances giving rise to it. (l) The Contractor agrees that performance related and financial information provided to the Contractor Authority under this Agreement will be made available to the Authority and any Authority Related Party a Commissioning Body at its request for the purposes of contract management, assessing the suitability for bidders when considering the award of contracts and overseeing the management, and the performance, of relationships with strategic suppliers at a cross- cross-Government level.

TRANSPARENCY AND INFORMATION. 18.1 Subcontractor's Records and Provision of Information (a) The Subcontractor shall: (i) at all times maintain a full record of particulars of the costs of performing the Services; and (ii) when requested by the Contractor, provide all of the costs referred to in Clause 18.1(a)(i), including details of any funds held by the Subcontractor specifically to cover those costs, in the form and detail as the Contractor may require. (b) The Subcontractor shall keep (and procure that each subcontractor shall keep) books of account in accordance with best accountancy practice with respect to this Agreement showing in detail: (i) administrative overheads; (ii) payments made to its subcontractors and any other operating costs; (iii) capital and revenue expenditure; and (iv) all other items that the Contractor may require to conduct cost audits for verification of cost expenditure or estimated expenditure, for the purpose of this Agreement. (c) The Subcontractor shall maintain or procure that full records are maintained of: (i) the Subcontractor’s performance against the Service Levels and the payment of Service Credits; (ii) all incidents relating to health, safety and security which occur during the term of this Agreement; and (iii) of all staff matters including turnover, pay and disciplinary matters. (d) The Subcontractor shall, within the timescale specified by the Contractor, provide the Contractor with all data, statistics and other information in its possession or control including information which it obtains in connection with the performance of its obligations under this Agreement which the Contractor reasonably requires for the purposes of the Contractor's ability to manage managing this Agreement and assuring delivery of the Services. (e) The Subcontractor shall provide all information requested by any or all organisations and agencies as the Authority reasonably requests, for the purposes of those agencies carrying out their public duties. (f) The Subcontractor shall permit records referred to in this Clause 18 to be examined and copied by the Authority and any Authority Related Party, and by the Comptroller and Auditor General and his representatives. (g) The records referred to in this Clause 18 shall be retained for the periods specified in the Authority’s [Record Retention Disposal and Archiving Policy PI 6/2011]. [Explanatory Note: This policy may be updated and/or replaced from time to time.] (h) If the Contractor wishes to enter into an agreement with a New Subcontractor on termination of this Agreement, or engage in a comparison of services and costs between providers of services similar to market testing in connection with the Services at any time during the Contract Period, the Subcontractor shall (and shall ensure that each of its subcontractors shall) comply with all requests of the Contractor to provide information which it reasonably requires for the purposes of that agreement, any associated procurement process and engagement in a comparison of services and costs between providers of services similar to the Service market testing including in relation to the Subcontractor's costs of providing the Services. (i) The Subcontractor shall: (i) provide to the Contractor copies of its annual report and accounts within 20 Business Days after their publication; (ii) use all reasonable endeavours to assist the Contractor in its preparation of any report required by the Authority, from time to time; and (iii) provide all information reasonably required by the Contractor in connection with Changes in accordance with the provisions of the Change Protocol. (j) The obligations contained in this Clause 18.1 constitute part of the Service requirements in accordance with Schedule 4 (Services) and any breach of them by the Subcontractor shall be a failure in performance of the Services triggering deductions in accordance with Schedule 5 (Service Levels), in addition to any rights and remedies which the Contractor may have under Clause 15. (k) The Subcontractor agrees that performance related and financial information provided to the Contractor under this Agreement will be made available to the Authority and any Authority Related Party at its request for the purposes of contract management, assessing the suitability for bidders when considering the award of contracts and overseeing the management, and the performance, of relationships with strategic suppliers at a cross- cross-Government level.