Common use of Benchmarking Process Clause in Contracts

Benchmarking Process. 3.2.1 The Supplier shall produce and send to the Authority for Approval, a draft plan for the Benchmark Review. 3.2.2 The plan must include: (a) a proposed timetable for the Benchmark Review; (b) a description of the benchmarking methodology to be used; (c) a description that demonstrates objectively and transparently that the benchmarking methodology to be used is capable of fulfilling the benchmarking purpose; and (d) a description of how the Supplier will scope and identify the Comparison Group. 3.2.3 The Authority must give notice in writing to the Supplier within ten (10) Working Days after receiving the draft plan, advising whether it Approves the draft plan, or, if it does not approve the draft plan, suggesting amendments to that plan. The Authority may not unreasonably withhold or delay its Approval of the draft plan and any suggested amendments must be reasonable. 3.2.4 Where the Authority suggests amendments to the draft plan under paragraph3.2.3, the Supplier must produce an amended draft plan. Paragraph 3.2.2 shall apply to any amended draft plan. 3.2.5 Once it has received the Approval of the draft plan, the Supplier shall: (a) finalise the Comparison Group and collect data relating to Comparable Rates. The selection of the Comparable Rates (both in terms of number and identity) shall be a matter for the Supplier's professional judgment using: (i) market intelligence; (ii) the Supplier's own data and experience; (iii) relevant published information; and (iv) pursuant to paragraph 3.2.7 below, information from other suppliers or purchasers on Comparable Rates; (b) by applying the adjustment factors listed in paragraph 3.2.7 and from an analysis of the Comparable Rates, derive the Equivalent Data; (c) using the Equivalent Data to calculate the Upper Quartile; (d) determine whether or not each Benchmarked Rate is, and/or the Benchmarked Rates as a whole are, Good Value. 3.2.6 The Supplier agrees to use its reasonable endeavours to obtain information from other suppliers or purchasers on Comparable Rates. 3.2.7 In carrying out the benchmarking analysis the Supplier may have regard to the following matters when performing a comparative assessment of the Benchmarked Rates and the Comparable Rates in order to derive Equivalent Data: (a) the contractual terms and business environment under which the Comparable Rates are being provided (including the scale and geographical spread of the customers); (b) exchange rates; (c) any other factors reasonably identified by the Supplier, which, if not taken into consideration, could unfairly cause the Supplier's pricing to appear non- competitive.

Benchmarking Process. 3.2.1 The Supplier shall produce and send to the Authority for Approval, a draft plan for the Benchmark Review. 3.2.2 The plan must include: (a) 3.2.2.1 a proposed timetable for the Benchmark Review; (b) 3.2.2.2 a description of the benchmarking methodology to be used; (c) 3.2.2.3 a description that demonstrates objectively and transparently that the benchmarking methodology to be used is capable of fulfilling the benchmarking purpose; and (d) 3.2.2.4 a description of how the Supplier will scope and identify the Comparison Group. 3.2.3 The Authority must give notice in writing to the Supplier within ten (10) Working Days after receiving the draft plan, advising whether it Approves the draft plan, or, if it does not approve the draft plan, suggesting amendments to that plan. The Authority may not unreasonably withhold or delay its Approval of the draft plan and any suggested amendments must be reasonable.the 3.2.4 Where the Authority suggests amendments to the draft plan under paragraph3.2.3paragraph 3.2.3, the Supplier must produce an amended draft plan. Paragraph paragraph 3.2.2 shall apply to any amended draft plan. 3.2.5 Once it has received the Approval of the draft plan, the Supplier shall: (a) 3.2.5.1 finalise the Comparison Group and collect data relating to Comparable Rates. The selection of the Comparable Rates (both in terms of number and identity) shall be a matter for the Supplier's professional judgment using: (i) 3.2.5.1.1 market intelligence; (ii) 3.2.5.1.2 the Supplier's own data and experience; (iii) 3.2.5.1.3 relevant published information; and (iv) pursuant 3.2.5.1.4 subject to paragraph 3.2.7 3.2.6 below, information from other suppliers or purchasers on Comparable Rates; (b) 3.2.5.2 by applying the adjustment factors listed in paragraph 3.2.7 3.2.6 and from an analysis of the Comparable Rates, Rates derive the Equivalent Data; (c) 3.2.5.3 using the Equivalent Data to calculate the Upper Quartile; (d) 3.2.5.4 determine whether or not each Benchmarked Rate is, and/or the Benchmarked Rates as a whole are, Good Value. 3.2.6 The Supplier agrees to use its reasonable endeavours to obtain information from other suppliers or purchasers on Comparable Rates. 3.2.7 In carrying out the benchmarking analysis the Supplier may have regard to the following matters when performing a comparative assessment of the Benchmarked Rates and the Comparable Rates in order to derive Equivalent Data: (a) 3.2.7.1 the contractual terms and business environment under which the Comparable Rates are being provided (including the scale and geographical spread of the customers); (b) 3.2.7.2 exchange rates; (c) 3.2.7.3 any other factors reasonably identified by the Supplier, which, if not taken into consideration, could unfairly cause the Supplier's pricing to appear non- non-competitive.

Benchmarking Process. 3.2.1 The Supplier shall produce and send to the Authority for Approval, a draft plan for the Benchmark Review. 3.2.2 The plan must include: (a) a proposed timetable for the Benchmark Review; (b) a description of the benchmarking methodology to be used; (c) a description that demonstrates objectively and transparently that the benchmarking methodology to be used is capable of fulfilling the benchmarking purpose; and (d) a description of how the Supplier will scope and identify the Comparison Group. 3.2.3 The Authority must give notice in writing to the Supplier within ten (10) Working Days after receiving the draft plan, advising whether it Approves the draft plan, or, if it does not approve the draft plan, suggesting amendments to that plan. The Authority may not unreasonably withhold or delay its Approval of the draft plan and any suggested amendments must be reasonable. 3.2.4 Where the Authority suggests amendments to the draft plan under paragraph3.2.3paragraph 3.2.3, the Supplier must produce an amended draft plan. Paragraph 3.2.2 shall apply to any amended draft plan. 3.2.5 Once it has received the Approval of the draft plan, the Supplier shall: (a) finalise the Comparison Group and collect data relating to Comparable Rates. The selection of the Comparable Rates (both in terms of number and identity) shall be a matter for the Supplier's professional judgment using: (i) : market intelligence; (ii) ; the Supplier's own data and experience; (iii) ; relevant published information; and (iv) and pursuant to paragraph 3.2.7 below, information from other suppliers or purchasers on Comparable Rates; (b) by applying the adjustment factors listed in paragraph 3.2.7 and from an analysis of the Comparable Rates, derive the Equivalent Data; (c) using the Equivalent Data to calculate the Upper Quartile; (d) determine whether or not each Benchmarked Rate is, and/or the Benchmarked Rates as a whole are, Good Value. 3.2.6 The Supplier agrees to use its reasonable endeavours to obtain information from other suppliers or purchasers on Comparable Rates. 3.2.7 In carrying out the benchmarking analysis the Supplier may have regard to the following matters when performing a comparative assessment of the Benchmarked Rates and the Comparable Rates in order to derive Equivalent Data: (a) the contractual terms and business environment under which the Comparable Rates are being provided (including the scale and geographical spread of the customers); (b) exchange rates; (c) any other factors reasonably identified by the Supplier, which, if not taken into consideration, could unfairly cause the Supplier's pricing to appear non- non-competitive.

Benchmarking Process. 3.2.1 2.2.1 The Supplier shall produce and send to the Authority for Approval, a draft plan for the Benchmark Review. 3.2.2 2.2.2 The plan must include: (a) 2.2.2.1 a proposed timetable for the Benchmark Review; (b) 2.2.2.2 a description of the benchmarking methodology to be used; (c) 2.2.2.3 a description that demonstrates objectively and transparently that the benchmarking methodology to be used is capable of fulfilling the benchmarking purpose; and (d) 2.2.2.4 a description of how the Supplier will scope and identify the Comparison Group. 3.2.3 2.2.3 The Authority must give notice in writing to the Supplier within ten (10) Working Days after receiving the draft plan, advising whether it Approves approves the draft plan, or, if it does not approve the draft plan, suggesting amendments to that plan. The Authority may not unreasonably withhold or delay its Approval approval of the draft plan and any suggested amendments must be reasonable. 3.2.4 2.2.4 Where the Authority suggests amendments to the draft plan under paragraph3.2.3paragraph 2.2.3, the Supplier must produce an amended draft plan. Paragraph 3.2.2 2.2.2 shall apply to any amended draft plan. 3.2.5 2.2.5 Once it has received the Approval approval of the draft plan, the Supplier shall: (a) 2.2.5.1 finalise the Comparison Group and collect data relating to Comparable Rates. The selection of the Comparable Comparison Rates (both in terms of number and identity) shall be a matter for the Supplier's ’s professional judgment using: (i) 2.2.5.1.1 market intelligence; (ii) 2.2.5.1.2 the Supplier's ’s own data and experience; (iii) 2.2.5.1.3 relevant published information; and (iv) pursuant to paragraph 3.2.7 below, 2.2.5.1.4 information from other suppliers or purchasers on Comparable Rates; (b) by applying the adjustment factors listed in paragraph 3.2.7 and 2.2.5.2 from an analysis of the Comparable Rates, Rates derive the Equivalent Rates Data; (c) 2.2.5.3 using the Equivalent Rates Data to calculate the Upper QuartileAverage Price; (d) 2.2.5.4 determine whether or not each Benchmarked Rate is, and/or the Benchmarked Rates as a whole are, Good Value. 3.2.6 2.2.6 The Supplier agrees to use its reasonable endeavours to obtain information from other suppliers or purchasers on Comparable Rates. 3.2.7 2.2.7 In carrying out the benchmarking analysis the Supplier may have regard to the following matters when performing a comparative assessment of the Benchmarked Rates and the Comparable Rates in order to derive Equivalent Rates Data: (a) 2.2.7.1 the contractual terms and business environment under which the Comparable Rates are being provided (including the scale and geographical spread of the customers); (b) 2.2.7.2 exchange rates; (c) 2.2.7.3 major events; 2.2.7.4 any other factors reasonably identified by the Supplier, which, if not taken into consideration, could unfairly cause the Supplier's pricing to appear non- competitive.