Common use of Access and Monitoring Clause in Contracts

Access and Monitoring. 13.1 The ESFA shall give the Contractor reasonable advance notice in writing of proposed visits to the Contractor or the Contractor Related Parties, to observe the delivery of the Services, by any person who has taken or will take no direct part in the conduct or content of the Services. 13.2 For monitoring and evaluation purposes, the ESFA or their representatives, the Secretary of State or their representatives, the Department, the Department for Work and Pensions (or their Successors), the Ministry of Justice, the National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Inspectorates and HM Treasury shall have the right to visit all or any site(s) and view operations relating to the Services and to inspect relevant documents and interview Apprentices and the Contractor’s staff during these visits. 13.3 The Contractor shall, and shall ensure that the Contractor Related Parties shall, permit access at any reasonable time to any of the representatives listed at Clause 13.12 in order to: (a) examine, audit or take copies of any original or copy documentation, accounts, books and records of the Contractor and the Contractor Related Parties that relate to the Contract; (b) visit, view or assess the design, management and delivery relating to the Contract at any Premises where those operations are carried out (including those of sub-contractors) and conduct relevant interviews, including interviews with Apprentices, during these visits at any reasonable time; (c) carry out examinations into the economy, efficiency and effectiveness with which the Contractor has used the ESFA’s resources in the performance of the Contract. 13.4 The Contractor shall, if required by any of the representatives stated at Clause

Access and Monitoring. 13.1 12.1 The ESFA shall give the Contractor reasonable advance notice in writing of proposed visits to the Contractor or the Contractor Related Parties, to observe the delivery of the Services, by any person who has taken or will take no direct part in the conduct or content of the Services. 13.2 12.2 For monitoring and evaluation purposes, the ESFA or their representatives, the Secretary of State or their representatives, the Department, the Department for Work and Pensions (or their Successors), the Ministry of Justice, the National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Inspectorates and HM Treasury shall have the right to visit all or any site(s) and view operations relating to the Services and to inspect relevant documents and interview Apprentices and the Contractor’s staff during these visits. 13.3 12.3 The Contractor shall, and shall ensure that the Contractor Related Parties shall, permit access at any reasonable time to any of the representatives listed at Clause 13.12 clause 12.2 in order to: (a) examine, audit or take copies of any original or copy documentation, accounts, books and records of the Contractor and the Contractor Related Parties that relate to the Contract; (b) visit, view or assess the design, management and delivery relating to the Contract at any Premises where those operations are carried out (including those of sub-contractorsSubcontractors) and conduct relevant interviews, including interviews with Apprentices, during these visits at any reasonable time; (c) carry out examinations into the economy, efficiency and effectiveness with which the Contractor has used the ESFA’s resources in the performance of the Contract. 13.4 12.4 The Contractor shall, if required by any of the representatives stated at Clause

Access and Monitoring. 13.1 The ESFA Department shall give the Contractor reasonable advance notice in writing of proposed visits to the Contractor or the Contractor Related Parties, to observe the delivery of the Services, by any person who has taken or will take no direct part in the conduct or content of the Services. 13.2 For monitoring and evaluation purposes, the ESFA Department or their representatives, the Secretary of State or their representatives, the Department, the Department for Work and Pensions (or their Successors), the Ministry of Justice, the National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Inspectorates and HM Treasury shall have the right to visit all or any site(s) and view operations relating to the Services and to inspect relevant documents and interview Apprentices and the Contractor’s staff during these visits. 13.3 The Contractor shall, and shall ensure that the Contractor Related Parties shall, permit access at any reasonable time to any of the representatives listed at Clause 13.12 in order to: (a) 13.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and records of the Contractor and the Contractor Related Parties that relate to the Contract; (b) 13.3.2 visit, view or assess the design, management and delivery relating to the Contract at any Premises where those operations are carried out (including those of sub-contractorsSubcontractors) and conduct relevant interviews, including interviews with Apprentices, during these visits at any reasonable time; (c) 13.3.3 carry out examinations into the economy, efficiency and effectiveness with which the Contractor has used the ESFADepartment’s resources in the performance of the Contract. 13.4 The Contractor shall, if required by any of the representatives stated at Clause

Access and Monitoring. 13.1 The ESFA shall give the Contractor reasonable advance notice in writing of proposed visits to the Contractor or the Contractor Related Parties, to observe the delivery of the Services, by any person who has taken or will take no direct part in the conduct or content of the Services. 13.2 For monitoring and evaluation purposes, the ESFA or their representatives, the Secretary of State or their representatives, the Department, the Department for Work and Pensions (or their Successors), the Ministry of Justice, the National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Inspectorates and HM Treasury shall have the right to visit all or any site(s) and view operations relating to the Services and to inspect relevant documents and interview Apprentices and the Contractor’s staff during these visits. 13.3 The Contractor shall, and shall ensure that the Contractor Related Parties shall, permit access at any reasonable time to any of the representatives listed at Clause 13.12 in order to: (a) examine, audit or take copies of any original or copy documentation, accounts, books and records of the Contractor and the Contractor Related Parties that relate to the Contract; (b) visit, view or assess the design, management and delivery relating to the Contract at any Premises where those operations are carried out (including those of subSub-contractorsContractors) and conduct relevant interviews, including interviews with Apprentices, during these visits at any reasonable time; (c) carry out examinations into the economy, efficiency and effectiveness with which the Contractor has used the ESFA’s resources in the performance of the Contract. 13.4 The Contractor shall, if required by any of the representatives stated at Clause

Access and Monitoring. 13.1 The 14.1 THE ESFA shall give the Contractor THE CONTRACTOR reasonable advance notice in writing of proposed visits to the Contractor THE CONTRACTOR or the Contractor Related Partiesits sub-contractors, to observe the delivery of the Services, by any person who has taken or will take no direct part in the conduct or content of the Services. 13.2 14.2 For audit, monitoring and evaluation purposes, THE ESFA, any person acting on behalf of the ESFA or their representatives, the Secretary of State or their representativesSECRETARY OF STATE, the Department, the Department for Work and Pensions (or their Successors), the Ministry of JusticePensions, the National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Inspectorates and HM Treasury shall have the right to visit all or any site(s) site from which the Services are provided and view operations relating to the Services and to inspect relevant documents and interview Apprentices Students and the ContractorTHE CONTRACTOR’s staff during these visits. 13.3 The Contractor shall, and 14.3 THE CONTRACTOR shall ensure that the Contractor Related Parties it, its sub-contractors or agents, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at Clause 13.12 14.2 in order to: (a) 14.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and records of the Contractor THE CONTRACTOR and the Contractor Related Parties its sub-contractors that relate to the Contract; (b) 14.3.2 visit, view or assess the design, management and delivery relating to the Contract at any Premises where those operations are carried out (including those of sub-contractors) and conduct relevant interviews, including interviews with ApprenticesStudents, during these visits at any reasonable time;; and/or (c) 14.3.3 carry out examinations into the economy, efficiency and effectiveness with which the Contractor THE CONTRACTOR has used the ESFATHE SECRETARY OF STATE’s resources in the performance of the Contract. 13.4 The Contractor 14.4 Where reasonably required, THE CONTRACTOR and its sub-contractors shall provide copies of any relevant documents required by any of the representatives listed at Clause 14.2. 14.5 THE CONTRACTOR shall, if required by any of the representatives stated at ClauseClause 14.2 provide appropriate oral or written explanations. 14.6 THE ESFA reserves the right, at any reasonable time, and as it may deem necessary to require THE CONTRACTOR at its own cost to: 14.6.1 provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Contract; 14.6.2 obtain a report by an independent accountant of THE ESFA’s choice on the financial systems and controls operated by THE CONTRACTOR in respect of payments claimed or received under the Contract. THE CONTRACTOR must agree the instructions for the work with the ESFA and this may include the ESFA discussing the terms of reference directly with the independent accountant where necessary. The report and the work required in order to produce the report shall be carried out to the satisfaction of the ESFA, and the ESFA must be able to place reliance on it. THE CONTRACTOR shall provide a copy of any draft report at all stages of reporting and the final report to the ESFA as soon as they are available. The ESFA reserves the right to require THE CONTRACTOR to publish the final report; 14.6.3 provide a copy of THE CONTRACTOR’s latest Accounts, audited prior to submission; 14.6.4 submit any claim for payment or management information provided to support a claim for payment to be reviewed by an independent accountant chosen by THE ESFA; 14.6.5 provide any additional evidence to support payments made under this Contract, as THE ESFA shall reasonably require. 14.7 Where THE ESFA has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to THE CONTRACTOR, it may, as a consequence of that investigation or report, require THE CONTRACTOR to, and THE CONTRACTOR shall, accept and comply with additional conditions of funding. 14.8 Where THE CONTRACTOR fails to comply with the conditions of funding imposed under clause 14.7, within such time as the ESFA deems reasonable, the ESFA may take such actions as it deems appropriate which may include, but is not limited to, under Clause 19.2 Minor Breach or Clause 19.3-19.4