RECORDS AND AUDIT ACCESS. 14.1. The Supplier shall keep and maintain, until the later of: 14.1.1. seven (7) years after the date of termination or expiry of this Framework Agreement; 14.1.2. seven (7) years after the date of termination or expiry of the last Call Off Contract to expire or terminate; 14.1.3. such other date as may be agreed between the Parties, full and accurate records and accounts of the operation of this Framework Agreement, including the Call Off Contracts entered into with Contracting Bodies, the Services provided pursuant to the Call Off Contracts, the amounts paid by each Contracting Body under the Call Off Contracts and those supporting tests and evidence that underpin the provision of the annual Self Audit Certificate and supporting Audit Report. 14.2. The Supplier shall keep the records and accounts referred to in Clause 14.1 in accordance with Good Industry Practice and Law. 14.3. The Supplier shall provide the Authority with a completed annual Self Audit Certificate in respect of each Contract Year within two Months of the end of that Contract Year. Each Self Audit Certificate shall be completed by a responsible senior member of the Supplier’s management team or by the Supplier’s external auditor and the signatory must be professionally qualified in a relevant audit or financial discipline. 14.4. Each Self Audit Certificate should be based on tests completed against a representative sample of 10% or 100 transactions (whichever is smaller) and should provide assurance that: 14.4.1. Orders are clearly identified as such in the order processing and invoicing systems and, where required, Orders are correctly reported in the MI Reports; 14.4.2. all related invoices are completely and accurately included in the MI Reports; 14.4.3. all Charges to Contracting Bodies comply with any requirements under the Framework on maximum xxxx-ups, discounts, charge rates, fixed quotes (as applicable); and 14.4.4. an additional sample of twenty (20) public sector orders identified from the order processing and invoicing systems as orders not placed under this Framework Agreement have been correctly identified as such, an appropriate and legitimately tendered procurement route has been used to place those orders, and those orders should not otherwise have been routed via centralised mandated procurement processes executed by the Authority. 14.5. Each Self Audit Certificate should be supported by an Audit Report that provides details of the methodology applied to complete the review, the sampling techniques applied, details of any issues identified and remedial action taken. 14.6. The Supplier shall afford any Auditor access to the records and accounts referred to in Clause 14.1 at the Supplier's premises and/or provide copies of such records and accounts (including copies of the Supplier’s published accounts), as may be required by any of the Auditors from time to time during the period specified in Clause 14.1, in order that the Auditor may carry out an inspection, including for the following purposes: 14.6.1. to verify the accuracy of Charges (and proposed or actual variations to them in accordance with this Framework Agreement), and/or the costs of the Supplier (including Sub-Contractors); 14.6.2. to review the integrity, confidentiality and security of the Personal Data held or used by the Supplier; 14.6.3. to review the Supplier's compliance with the Data Protection Legislation in accordance with this Framework Agreement and any other Laws; 14.6.4. to review the Supplier's compliance with its continuous improvement obligations and its benchmarking obligations set out in Framework Schedule 7 (Value for Money); 14.6.5. to review the Supplier's compliance with its security obligations; 14.6.6. to review any books of accounts kept by the Supplier in connection with the provision of the Services; and/or 14.6.7. to ensure that the Supplier is complying with its obligations under this Framework Agreement and any Call Off Contract. 14.6.8. to receive from the Supplier on request summaries of all central government public sector expenditure placed with the Supplier including through routes outside the Framework in order to verify that the Supplier’s practice is consistent with the Government transparency agenda which requires all public sector bodies to publish details of expenditure on common services. 14.7. The Authority shall use reasonable endeavours to ensure that the conduct of each Audit does not unreasonably disrupt the Supplier or delay the provision of the Services pursuant to the Call Off Contracts, save insofar as the Supplier accepts and acknowledges that control over the conduct of Audits carried out by the Auditors is outside of the control of the Authority. 14.8. Subject to the Authority's obligations of confidentiality, the Supplier shall on demand provide the Auditors with all reasonable co-operation and assistance in relation to each Audit, including by providing: 14.8.1. all information within the scope of the Audit requested by the Auditor; 14.8.2. reasonable access to any sites controlled by the Supplier and to equipment used in the provision of the Services; and 14.8.3. access to the Staff. 14.9. If an Audit reveals that the Supplier has underpaid an amount equal to or greater than one per cent (1%) of the Management Charge due in respect of any one Contract Year or year of any Call Off Contracts then, without prejudice to the Authority’s other rights under this Framework Agreement, the Supplier shall reimburse the Authority its reasonable costs incurred in relation to the Audit. 14.10. If an Audit reveals: 14.10.1. that the Supplier has underpaid an amount equal to or greater than five per cent (5%) of the Management Charge due during any Contract Year of this Framework Agreement and any Call Off Contracts; and/or 14.10.2. a material Default; then the Authority shall be entitled to terminate this Framework Agreement under Clause 22.1. 14.11. The Parties agree that they shall bear their own respective costs and expenses incurred in respect of compliance with their obligations under this Clause 14, save as specified in Clause 14.9.
Appears in 8 contracts
Samples: Framework Agreement, Events Planning, Delivery and Related Services Framework Agreement, Framework Agreement
RECORDS AND AUDIT ACCESS. 14.1. The Supplier shall keep and maintain, until the later of:
14.1.1. seven (7) years after the date of termination or expiry of this Framework Agreement;
14.1.2. seven (7) years after the date of termination or expiry of the last Call Off Contract to expire or terminate;
14.1.3. such other date as may be agreed between the Parties, full and accurate records and accounts of the operation of this Framework Agreement, including the Call Off Contracts entered into with Contracting Bodies, the Services provided pursuant to the Call Off Contracts, the amounts paid by each Contracting Body under the Call Off Contracts and those supporting tests and evidence that underpin the provision of the annual Self Audit Certificate and supporting Audit Report.
14.2. The Supplier shall keep the records and accounts referred to in Clause 14.1 in accordance with Good Industry Practice and Law.
14.3. The Supplier shall provide the Authority with a completed annual Self Audit Certificate in respect of each Contract Year within two Months of the end of that Contract Year. Each Self Audit Certificate shall be completed by a responsible senior member of the Supplier’s management team or by the Supplier’s external auditor and the signatory must be professionally qualified in a relevant audit or financial discipline.
14.4. Each Self Audit Certificate should be based on tests completed against a representative sample of 10% or 100 transactions (whichever is smaller) and should provide assurance that:
14.4.1. Orders are clearly identified as such in the order processing and invoicing systems and, where required, Orders are correctly reported in the MI Reports;
14.4.2. all related invoices are completely and accurately included in the MI Reports;
14.4.3. all Charges to Contracting Bodies comply with any requirements under the Framework on maximum xxxxmark-ups, discounts, charge rates, fixed quotes (as applicable); and
14.4.4. an additional sample of twenty (20) public sector orders identified from the order processing and invoicing systems as orders not placed under this Framework Agreement have been correctly identified as such, an appropriate and legitimately tendered procurement route has been used to place those orders, and those orders should not otherwise have been routed via centralised mandated procurement processes executed by the Authority.
14.5. Each Self Audit Certificate should be supported by an Audit Report that provides details of the methodology applied to complete the review, the sampling techniques applied, details of any issues identified and remedial action taken.
14.6. The Supplier shall afford any Auditor access to the records and accounts referred to in Clause 14.1 at the Supplier's premises and/or provide copies of such records and accounts (including copies of the Supplier’s published accounts), as may be required by any of the Auditors from time to time during the period specified in Clause 14.1, in order that the Auditor may carry out an inspection, including for the following purposes:
14.6.1. to verify the accuracy of Charges (and proposed or actual variations to them in accordance with this Framework Agreement), and/or the costs of the Supplier (including Sub-Contractors);
14.6.2. to review the integrity, confidentiality and security of the Personal Data held or used by the Supplier;
14.6.3. to review the Supplier's compliance with the Data Protection Legislation in accordance with this Framework Agreement and any other Laws;
14.6.4. to review the Supplier's compliance with its continuous improvement obligations and its benchmarking obligations set out in Framework Schedule 7 (Value for Money);
14.6.5. to review the Supplier's compliance with its security obligations;
14.6.6. to review any books of accounts kept by the Supplier in connection with the provision of the Services; and/or
14.6.7. to ensure that the Supplier is complying with its obligations under this Framework Agreement and any Call Off Contract.
14.6.8. to receive from the Supplier on request summaries of all central government public sector expenditure placed with the Supplier including through routes outside the Framework in order to verify that the Supplier’s practice is consistent with the Government transparency agenda which requires all public sector bodies to publish details of expenditure on common services.
14.7. The Authority shall use reasonable endeavours to ensure that the conduct of each Audit does not unreasonably disrupt the Supplier or delay the provision of the Services pursuant to the Call Off Contracts, save insofar as the Supplier accepts and acknowledges that control over the conduct of Audits carried out by the Auditors is outside of the control of the Authority.
14.8. Subject to the Authority's obligations of confidentiality, the Supplier shall on demand provide the Auditors with all reasonable co-operation and assistance in relation to each Audit, including by providing:
14.8.1. all information within the scope of the Audit requested by the Auditor;
14.8.2. reasonable access to any sites controlled by the Supplier and to equipment used in the provision of the Services; and
14.8.3. access to the Staff.
14.9. If an Audit reveals that the Supplier has underpaid an amount equal to or greater than one per cent (1%) of the Management Charge due in respect of any one Contract Year or year of any Call Off Contracts then, without prejudice to the Authority’s other rights under this Framework Agreement, the Supplier shall reimburse the Authority its reasonable costs incurred in relation to the Audit.
14.10. If an Audit reveals:
14.10.1. that the Supplier has underpaid an amount equal to or greater than five per cent (5%) of the Management Charge due during any Contract Year of this Framework Agreement and any Call Off Contracts; and/or
14.10.2. a material Default; then the Authority shall be entitled to terminate this Framework Agreement under Clause 22.1.
14.11. The Parties agree that they shall bear their own respective costs and expenses incurred in respect of compliance with their obligations under this Clause 14, save as specified in Clause 14.9.
Appears in 7 contracts
Samples: Framework Agreement, Events Planning, Delivery and Related Services Framework Agreement, Framework Agreement
RECORDS AND AUDIT ACCESS. 14.113.1. The Supplier shall keep and maintain, until the later of:
14.1.113.1.1. seven (7) years after the date of termination or expiry of this Framework Agreement;
14.1.213.1.2. seven (7) years after the date of termination or expiry of the last Call Off Contract Agreement to expire or terminate;
14.1.313.1.3. such other date as may be agreed between the Parties, full and accurate records and accounts of the operation of this Framework Agreement, including the Call Off Contracts Agreements entered into with Contracting Bodies, the Services provided pursuant to the Call Off ContractsAgreements, and the amounts paid by each Contracting Body under the Call Off Contracts Agreements and those supporting tests and evidence that underpin the provision of the annual Self Audit Certificate Certificates and supporting Audit ReportReports.
14.213.2. The Supplier shall keep the records and accounts referred to in Clause 14.1 13.1 in accordance with Good Industry Practice and Law.
14.313.3. The Supplier shall provide the Authority with a completed annual Self Audit Certificate in respect of each Contract Year within two Months of the end of that Contract Year. Each Self Audit Certificate shall be completed by a responsible senior member of the Supplier’s management team or by the Supplier’s external auditor and the signatory must be professionally qualified in a relevant audit or financial discipline.
14.413.4. Each Self Audit Certificate should be based on tests completed against a representative sample of 10% or 100 transactions (whichever is smaller) and should provide assurance that:
14.4.113.4.1. Orders are clearly identified as such in the order processing and invoicing systems and, where required, Orders are correctly reported in the MI Reports;
14.4.213.4.2. all related invoices are completely and accurately included in the MI Reports;
14.4.313.4.3. all Charges to Contracting Bodies comply with any requirements under the Framework on maximum xxxx-ups, discounts, charge rates, fixed quotes (as applicable); and
14.4.413.4.4. an additional sample of twenty (20) public sector orders identified from the order processing and invoicing systems as orders not placed under this Framework Agreement have been correctly identified as such, an appropriate and legitimately tendered procurement route has been used to place those orders, and those orders should not otherwise have been routed via centralised mandated procurement processes executed by the Authority.
14.513.5. Each Self Audit Certificate should shall be supported by an Audit Report that provides details of the methodology applied to complete the review, the sampling techniques applied, details of any issues identified and remedial action taken.
14.613.6. The Supplier shall afford any Auditor access to the records and accounts referred to in Clause 14.1 13.1 at the Supplier's premises and/or provide copies of such records and accounts accounts, (including copies of the Supplier’s published accounts), as may be required by and agreed with any of the Auditors from time to time time, during the period specified in Clause 14.113.1, in order that the Auditor may carry out an inspection, including for the following purposes:
14.6.113.6.1. to verify the accuracy of Charges (and proposed or actual variations to them in accordance with this Framework Agreement), and/or the costs of the Supplier (including Sub-Contractors);
14.6.213.6.2. to review the integrity, confidentiality and security of the Personal Data held or used by the Supplier;
14.6.313.6.3. to review the Supplier's compliance with the Data Protection Legislation in accordance with this Framework Agreement and any other Laws;
14.6.413.6.4. to review the Supplier's compliance with its continuous improvement obligations and its benchmarking obligations set out in Framework Schedule 7 (Value for Money);
14.6.513.6.5. to review the Supplier's compliance with its security obligations;
14.6.613.6.6. to review any books of accounts kept by the Supplier in connection with the provision of the Services; and/or
14.6.713.6.7. to ensure that the Supplier is complying with its obligations under this Framework Agreement and any Call Off Contract.Agreement;
14.6.813.6.8. to receive from the Supplier on request summaries of all central government public sector expenditure placed with the Supplier including through routes outside the Framework in order to verify that the Supplier’s practice is consistent with the Government transparency agenda which requires all public sector bodies to publish details of expenditure on common goods and services.
14.713.7. The Authority shall use reasonable endeavours to ensure that the conduct of each Audit does not unreasonably disrupt the Supplier or delay the provision of the Services pursuant to the Call Off ContractsAgreements, save insofar as the Supplier accepts and acknowledges that control over the conduct of Audits carried out by the Auditors is outside of the control of the Authority.
14.813.8. Subject to the Authority's obligations of confidentiality, the Supplier shall on demand provide the Auditors with all reasonable co-operation and assistance in relation to each Audit, including by providing:
14.8.113.8.1. all information within the scope of the Audit requested by the Auditor;
14.8.213.8.2. reasonable access to any sites controlled by the Supplier and to equipment used in the provision of the Services; and
14.8.313.8.3. access to the Staff.
14.913.9. If an Audit reveals that the Supplier has underpaid an amount equal to or greater than one per cent (1%) of the Management Charge due in respect of any one Contract Year or year of any Call Off Contracts Agreement then, without prejudice to the Authority’s other rights under this Framework Agreement, the Supplier shall reimburse the Authority its reasonable costs incurred in relation to the Audit.
14.1013.10. If an Audit reveals:
14.10.1. reveals that the Supplier has has:
13.10.1. underpaid an amount equal to or greater than five per cent (5%) of the Management Charge due during any Contract Year of this Framework Agreement and any Call Off ContractsAgreement; and/or
14.10.213.10.2. committed a material Default; then the Authority shall be entitled to terminate this Framework Agreement under Clause 22.121.1.
14.1113.11. The Parties agree that they shall bear their own respective costs and expenses incurred in respect of compliance with their obligations under this Clause 1413, save as specified in Clause 14.913.9.
Appears in 5 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
RECORDS AND AUDIT ACCESS. 14.113.1. The Supplier shall keep and maintain, until the later of:
14.1.113.1.1. seven (7) years after the date of termination or expiry of this Framework Agreement;
14.1.213.1.2. seven (7) years after the date of termination or expiry of the last Call Off Contract Agreement to expire or terminate;
14.1.313.1.3. such other date as may be agreed between the Parties, full and accurate records and accounts of the operation of this Framework Agreement, including the Call Off Contracts Agreements entered into with Contracting Bodies, the Services provided pursuant to the Call Off ContractsAgreements, and the amounts paid by each Contracting Body under the Call Off Contracts Agreements and those supporting tests and evidence that underpin the provision of the annual Self Audit Certificate Certificates and supporting Audit ReportReports.
14.213.2. The Supplier shall keep the records and accounts referred to in Clause 14.1 13.1 in accordance with Good Industry Practice and Law.
14.313.3. The Supplier shall provide the Authority with a completed annual Self Audit Certificate in respect of each Contract Year within two Months of the end of that Contract Year. Each Self Audit Certificate shall be completed by a responsible senior member of the Supplier’s management team or by the Supplier’s external auditor and the signatory must be professionally qualified in a relevant audit or financial discipline.
14.413.4. Each Self Audit Certificate should be based on tests completed against a representative sample of 10% or 100 transactions (whichever is smaller) and should provide assurance that:
14.4.113.4.1. Orders are clearly identified as such in the order processing and invoicing systems and, where required, Orders are correctly reported in the MI Reports;
14.4.213.4.2. all related invoices are completely and accurately included in the MI Reports;
14.4.313.4.3. all Charges to Contracting Bodies comply with any requirements under the Framework on maximum xxxxmark-ups, discounts, charge rates, fixed quotes (as applicable); and
14.4.413.4.4. an additional sample of twenty (20) public sector orders identified from the order processing and invoicing systems as orders not placed under this Framework Agreement have been correctly identified as such, an appropriate and legitimately tendered procurement route has been used to place those orders, and those orders should not otherwise have been routed via centralised mandated procurement processes executed by the Authority.
14.513.5. Each Self Audit Certificate should shall be supported by an Audit Report that provides details of the methodology applied to complete the review, the sampling techniques applied, details of any issues identified and remedial action taken.
14.613.6. The Supplier shall afford any Auditor access to the records and accounts referred to in Clause 14.1 13.1 at the Supplier's premises and/or provide copies of such records and accounts accounts, (including copies of the Supplier’s published accounts), as may be required by and agreed with any of the Auditors from time to time time, during the period specified in Clause 14.113.1, in order that the Auditor may carry out an inspection, including for the following purposes:
14.6.113.6.1. to verify the accuracy of Charges (and proposed or actual variations to them in accordance with this Framework Agreement), and/or the costs of the Supplier (including Sub-Contractors);
14.6.213.6.2. to review the integrity, confidentiality and security of the Personal Data held or used by the Supplier;
14.6.313.6.3. to review the Supplier's compliance with the Data Protection Legislation in accordance with this Framework Agreement and any other Laws;
14.6.413.6.4. to review the Supplier's compliance with its continuous improvement obligations and its benchmarking obligations set out in Framework Schedule 7 (Value for Money);
14.6.513.6.5. to review the Supplier's compliance with its security obligations;
14.6.613.6.6. to review any books of accounts kept by the Supplier in connection with the provision of the Services; and/or
14.6.713.6.7. to ensure that the Supplier is complying with its obligations under this Framework Agreement and any Call Off Contract.Agreement;
14.6.813.6.8. to receive from the Supplier on request summaries of all central government public sector expenditure placed with the Supplier including through routes outside the Framework in order to verify that the Supplier’s practice is consistent with the Government transparency agenda which requires all public sector bodies to publish details of expenditure on common goods and services.
14.713.7. The Authority shall use reasonable endeavours to ensure that the conduct of each Audit does not unreasonably disrupt the Supplier or delay the provision of the Services pursuant to the Call Off ContractsAgreements, save insofar as the Supplier accepts and acknowledges that control over the conduct of Audits carried out by the Auditors is outside of the control of the Authority.
14.813.8. Subject to the Authority's obligations of confidentiality, the Supplier shall on demand provide the Auditors with all reasonable co-operation and assistance in relation to each Audit, including by providing:
14.8.113.8.1. all information within the scope of the Audit requested by the Auditor;
14.8.213.8.2. reasonable access to any sites controlled by the Supplier and to equipment used in the provision of the Services; and
14.8.313.8.3. access to the Staff.
14.913.9. If an Audit reveals that the Supplier has underpaid an amount equal to or greater than one per cent (1%) of the Management Charge due in respect of any one Contract Year or year of any Call Off Contracts Agreement then, without prejudice to the Authority’s other rights under this Framework Agreement, the Supplier shall reimburse the Authority its reasonable costs incurred in relation to the Audit.
14.1013.10. If an Audit reveals:
14.10.1. reveals that the Supplier has has:
13.10.1. underpaid an amount equal to or greater than five per cent (5%) of the Management Charge due during any Contract Year of this Framework Agreement and any Call Off ContractsAgreement; and/or
14.10.213.10.2. committed a material Default; then the Authority shall be entitled to terminate this Framework Agreement under Clause 22.121.1.
14.1113.11. The Parties agree that they shall bear their own respective costs and expenses incurred in respect of compliance with their obligations under this Clause 1413, save as specified in Clause 14.913.9.
Appears in 2 contracts
Samples: Framework Agreement, Framework Agreement
RECORDS AND AUDIT ACCESS. 14.113.1. The Supplier shall keep and maintain, until the later of:
14.1.113.1.1. seven (7) years after the date of termination or expiry of this Framework Agreement;
14.1.213.1.2. seven (7) years after the date of termination or expiry of the last Call Off Contract Agreement to expire or terminate;
14.1.313.1.3. such other date as may be agreed between the Parties, full and accurate records and accounts of the operation of this Framework Agreement, including the Call Off Contracts Agreements entered into with Contracting Bodies, the Services provided pursuant to the Call Off ContractsAgreements, the amounts paid by each Contracting Body under the Call Off Contracts Agreements and those supporting tests and evidence that underpin the provision of the annual Self Audit Certificate and supporting Audit Reportsummary audit report.
14.213.2. The Supplier shall keep the records and accounts referred to in Clause 14.1 13.1 in accordance with Good Industry Practice and Law.
14.313.3. The Supplier shall provide the Authority with a completed annual Self Audit Certificate in respect of each Contract Year within two Months of the end of that Contract Year. Each Self Audit Certificate shall be completed by a responsible senior member of the Supplier’s management team or by the Supplier’s external auditor and the signatory must be professionally qualified in a relevant audit or financial discipline.
14.413.4. Each Self Audit Certificate should be based on tests completed against a representative sample of 10% or 100 transactions (whichever is smaller) and should to provide assurance that:
14.4.113.4.1. Orders are clearly identified as such in the order processing and invoicing systems and, where required, Orders are correctly reported in the MI Reports;
14.4.213.4.2. all related invoices are completely and accurately included in the MI Reports;
14.4.313.4.3. all Charges to Contracting Bodies comply with any requirements under the Framework on maximum xxxxmark-ups, discounts, charge rates, fixed quotes (as applicable); and
14.4.413.4.4. an additional sample of twenty (20) 20 public sector orders identified from the order processing and invoicing systems as orders not placed under this Framework Agreement have been correctly identified as such, an appropriate and legitimately tendered procurement route has been used to place those orders, and those orders should not otherwise have been routed via centralised mandated procurement processes executed by the Authority.
14.513.5. Each Self Audit Certificate should be supported by an Audit Report a summary audit report that provides details of the methodology applied to complete the review, the sampling techniques applied, details of any issues identified and remedial action taken.
14.613.6. The Supplier shall afford any Auditor access to the records and accounts referred to in Clause 14.1 13.1 at the Supplier's premises and/or provide copies of such records and accounts (including copies of the Supplier’s published accounts), as may be required by any of the Auditors from time to time during the period specified in Clause 14.113.1, in order that the Auditor may carry out an inspection, including for the following purposes:
14.6.113.6.1. to verify the accuracy of Charges (and proposed or actual variations to them in accordance with this Framework Agreement), and/or the costs of the Supplier (including Sub-Contractors);
14.6.213.6.2. to review the integrity, confidentiality and security of the Personal Data held or used by the Supplier;
14.6.313.6.3. to review the Supplier's compliance with the Data Protection Legislation in accordance with this Framework Agreement and any other Laws;
14.6.413.6.4. to review the Supplier's compliance with its continuous improvement obligations and its benchmarking obligations set out in Framework Schedule 7 (Value for Money);
14.6.513.6.5. to review the Supplier's compliance with its security obligations;
14.6.613.6.6. to review any books of accounts kept by the Supplier in connection with the provision of the Services; and/or
14.6.713.6.7. to ensure that the Supplier is complying with its obligations under this Framework Agreement and any Call Off ContractAgreement.
14.6.813.6.8. to receive from the Supplier on request summaries of all central government public sector expenditure placed with the Supplier including through routes outside the Framework in order to verify that the Supplier’s practice is consistent with the Government transparency agenda which requires all public sector bodies to publish details of expenditure on common goods and services.
14.713.7. The Authority shall use reasonable endeavours to ensure that the conduct of each Audit does not unreasonably disrupt the Supplier or delay the provision of the Services pursuant to the Call Off ContractsAgreements, save insofar as the Supplier accepts and acknowledges that control over the conduct of Audits carried out by the Auditors is outside of the control of the Authority.
14.813.8. Subject to the Authority's obligations of confidentiality, the Supplier shall on demand provide the Auditors with all reasonable co-operation and assistance in relation to each Audit, including by providing:
14.8.113.8.1. all information within the scope of the Audit requested by the Auditor;
14.8.213.8.2. reasonable access to any sites controlled by the Supplier and to equipment used in the provision of the Services; and
14.8.313.8.3. access to the Staff.
14.913.9. If an Audit reveals that the Supplier has underpaid an amount equal to or greater than one per cent (1%) of the Management Charge due in respect of any one Contract Year or year of any Call Off Contracts Agreements then, without prejudice to the Authority’s other rights under this Framework Agreement, the Supplier shall reimburse the Authority its reasonable costs incurred in relation to the Audit.
14.1013.10. If an Audit reveals:
14.10.113.10.1. that the Supplier has underpaid an amount equal to or greater than five per cent (5%) of the Management Charge due during any Contract Year of this Framework Agreement and any Call Off ContractsAgreements; and/or
14.10.213.10.2. a material Default; then the Authority shall be entitled to terminate this Framework Agreement under Clause 22.121.1.
14.1113.11. The Parties agree that they shall bear their own respective costs and expenses incurred in respect of compliance with their obligations under this Clause 1413, save as specified in Clause 14.913.9.
Appears in 2 contracts
Samples: Wider Public Sector Travel Management Services Framework Agreement, Wider Public Sector Travel Management Services Framework Agreement
RECORDS AND AUDIT ACCESS. 14.113.1. The Supplier shall keep and maintain, until the later of:
14.1.113.1.1. seven (7) years after the date of termination or expiry of this Framework Agreement;
14.1.213.1.2. seven (7) years after the date of termination or expiry of the last Call Call-Off Contract Agreement to expire or terminate;
14.1.313.1.3. such other date as may be agreed between the Parties, full and accurate records and accounts of the operation of this Framework Agreement, including the Call Call-Off Contracts Agreements entered into with Contracting Bodies, the Services provided pursuant to the Call Call-Off ContractsAgreements, the amounts paid by each Contracting Body under the Call Call-Off Contracts Agreements and those these supporting tests and evidence that underpin the provision of the annual Self Audit Certificate and supporting Audit ReportReports.
14.213.2. The Supplier shall keep the records and accounts referred to in Clause 14.1 13.1 in accordance with Good Industry Practice and Law.
14.313.3. The Supplier shall provide the Authority with a completed annual Self Audit Certificate in respect of each Contract Year within two Months of the end of that Contract Year. Each Self Audit Certificate shall be completed by a responsible senior member of the Supplier’s management team or by the Supplier’s external auditor and the signatory must be professionally qualified in a relevant audit or financial discipline.
14.413.4. Each Self Audit Certificate should be based on tests completed against a representative sample of 10% or 100 transactions (whichever is smaller) and should provide assurance that:
14.4.113.4.1. Orders are clearly identified as such in the order processing and invoicing systems and, where required, Orders are correctly reported in the MI Reports;
14.4.213.4.2. all related invoices are completely and accurately included in the MI Reports;
14.4.313.4.3. all Charges to Contracting Bodies comply with any requirements under the Framework on maximum xxxxmark-ups, discounts, charge rates, fixed quotes (as applicable); and
14.4.413.4.4. an additional sample of twenty (20) 20 public sector orders identified from the order processing and invoicing systems as orders not placed under this Framework Agreement have been correctly identified as such, an appropriate and legitimately tendered procurement route has been used to place those orders, and those orders should not otherwise have been routed via centralised mandated procurement processes executed by the Authority.
14.513.5. Each Self Audit Certificate should be supported by an Audit Report that provides details of the methodology applied to complete the review, the sampling techniques applied, details of any issues identified and remedial action taken.
14.613.6. The Supplier shall afford any Auditor access to the records and accounts referred to in Clause 14.1 13.1 at the Supplier's premises and/or provide copies of such records and accounts (including copies of the Supplier’s published accounts), as may be required by any of the Auditors from time to time during the period specified in Clause 14.113.1, in order that the Auditor may carry out an inspection, including for the following purposes:
14.6.113.6.1. to verify the accuracy of Charges (and proposed or actual variations to them in accordance with this Framework Agreement), and/or the costs of the Supplier (including Sub-Contractors);
14.6.213.6.2. to review the integrity, confidentiality and security of the Personal Data held or used by the Supplier;
14.6.313.6.3. to review the Supplier's compliance with the Data Protection Legislation in accordance with this Framework Agreement and any other Laws;
14.6.413.6.4. to review the Supplier's compliance with its continuous improvement obligations and its benchmarking obligations set out in Framework Schedule 7 (Value for Money);
14.6.513.6.5. to review the Supplier's compliance with its security obligations;
14.6.613.6.6. to review any books of accounts kept by the Supplier in connection with the provision of the Services; and/or;
14.6.713.6.7. to ensure that the Supplier is complying with its obligations under this Framework Agreement and any Call Call-Off Contract.Agreement; and/or
14.6.813.6.8. to receive from the Supplier on request summaries of all central government public sector expenditure placed with the Supplier including through routes outside the Framework in order to verify that the Supplier’s practice is consistent with the Government transparency agenda which requires all public sector bodies to publish details of expenditure on common goods and services.
14.713.7. The Authority shall use reasonable endeavours to ensure that the conduct of each Audit does not unreasonably disrupt the Supplier or delay the provision of the Services pursuant to the Call Call-Off ContractsAgreements, save insofar as the Supplier accepts and acknowledges that control over the conduct of Audits carried out by the Auditors is outside of the control of the Authority.
14.813.8. Subject to the Authority's obligations of confidentiality, the Supplier shall on demand provide the Auditors with all reasonable co-operation and assistance in relation to each Audit, including by providing:
14.8.113.8.1. all information within the scope of the Audit requested by the Auditor;
14.8.213.8.2. reasonable access to any sites controlled by the Supplier and to equipment used in the provision of the Services; and
14.8.3and 13.8.3. access to the Staff.
14.913.9. If an Audit reveals that the Supplier has underpaid an amount equal to or greater than one per cent (1%) of the Management Charge due in respect of any one Contract Year or year of any Call Off Contracts Agreements then, without prejudice to the Authority’s other rights under this Framework Agreement, the Supplier shall reimburse the Authority its reasonable costs incurred in relation to the Audit.
14.1013.10. The Authority shall use reasonable endeavours to ensure that the conduct of each Audit does not unreasonably disrupt the Supplier or delay the provision of the Services pursuant to the Call-Off Agreements, save insofar as the Supplier accepts and acknowledges that control over the conduct of Audits carried out by the Auditors is outside of the control of the Authority.
13.11. If an Audit reveals:
14.10.113.11.1. that the Supplier has underpaid an amount equal to or greater than five per cent (5%) of the Management Charge due during any Contract Year of this Framework Agreement and any Call Call-Off ContractsAgreements; and/or
14.10.213.11.2. a material Default; , then the Authority shall be entitled to terminate this Framework Agreement under Clause 22.1.21.1
14.1113.12. The Parties agree that they shall bear their own respective costs and expenses incurred in respect of compliance with their obligations under this Clause 1413, save as specified in Clause 14.9Clause13.9.
Appears in 1 contract
Samples: Framework Agreement
RECORDS AND AUDIT ACCESS. 14.1. The Supplier shall keep and maintain, until the later of:
14.1.1. seven (7) years after the date of termination or expiry of this Framework Agreement;
14.1.2. seven (7) years after the date of termination or expiry of the last Call Off Contract to expire or terminate;
14.1.3. such other date as may be agreed between the Parties, full and accurate records and accounts of the operation of this Framework Agreement, including the Call Off Contracts entered into with Contracting Bodies, the Services provided pursuant to the Call Off Contracts, the amounts paid by each Contracting Body under the Call Off Contracts and those supporting tests and evidence that underpin the provision of the annual Self Audit Certificate and supporting Audit Report.
14.2. The Supplier shall keep the records and accounts referred to in Clause 14.1 in accordance with Good Industry Practice and Law.
14.3. The Supplier shall provide the Authority with a completed annual Self Audit Certificate in respect of each Contract Year within two Months of the end of that Contract Year. Each Self Audit Certificate shall be completed by a responsible senior member of the Supplier’s management team or by the Supplier’s external auditor and the signatory must be professionally qualified in a relevant audit or financial discipline.
14.4. Each Self Audit Certificate should be based on tests completed against a representative sample of 10% or 100 transactions (whichever is smaller) and should provide assurance that:
14.4.1. Orders are clearly identified as such in the order processing and invoicing systems and, where required, Orders are correctly reported in the MI Reports;
14.4.2. all related invoices are completely and accurately included in the MI Reports;
14.4.3. all Charges to Contracting Bodies comply with any requirements under the Framework on maximum xxxx-ups, discounts, charge rates, fixed quotes (as applicable); and
14.4.4. an additional sample of twenty (20) public sector orders identified from the order processing and invoicing systems as orders not placed under this Framework Agreement have been correctly identified as such, an appropriate and legitimately tendered procurement route has been used to place those orders, and those orders should not otherwise have been routed via centralised mandated procurement processes executed by the Authority.
14.5. Each Self Audit Certificate should be supported by an Audit Report that provides details of the methodology applied to complete the review, the sampling techniques applied, details of any issues identified and remedial action taken.
14.6. The Supplier shall afford any Auditor access to the records and accounts referred to in Clause 14.1 at the Supplier's premises and/or provide copies of such records and accounts (including copies of the Supplier’s published accounts), as may be required by any of the Auditors from time to time during the period specified in Clause 14.1, in order that the Auditor may carry out an inspection, including for the following purposes:
14.6.1. to verify the accuracy of Charges (and proposed or actual variations to them in accordance with this Framework Agreement), and/or the costs of the Supplier (including Sub-Contractors);
14.6.2. to review the integrity, confidentiality and security of the Personal Data held or used by the Supplier;
14.6.3. to review the Supplier's compliance with the Data Protection Legislation in accordance with this Framework Agreement and any other Laws;
14.6.4. to review the Supplier's compliance with its continuous improvement obligations and its benchmarking obligations set out in Framework Schedule 7 (Value for Money);
14.6.5. to review the Supplier's compliance with its security obligations;
14.6.6. to review any books of accounts kept by the Supplier in connection with the provision of the Services; and/or
14.6.7. to ensure that the Supplier is complying with its obligations under this Framework Agreement and any Call Off Contract.
14.6.8. to receive from the Supplier on request summaries of all central government public sector expenditure placed with the Supplier including through routes outside the Framework in order to verify that the Supplier’s practice is consistent with the Government transparency agenda which requires all public sector bodies to publish details of expenditure on common services.
14.7. The Authority shall use reasonable endeavours to ensure that the conduct of each Audit does not unreasonably disrupt the Supplier or delay the provision of the Services pursuant to the Call Off Contracts, save insofar as the Supplier accepts and acknowledges that control over the conduct of Audits carried out by the Auditors is outside of the control of the Authority.
14.8. Subject to the Authority's obligations of confidentiality, the Supplier shall on demand provide the Auditors with all reasonable co-operation and assistance in relation to each Audit, including by providing:
14.8.1. all information within the scope of the Audit requested by the Auditor;
14.8.2. reasonable access to any sites controlled by the Supplier and to equipment used in the provision of the Services; and
14.8.3. access to the Staff.
14.9. If an Audit reveals that the Supplier has underpaid an amount equal to or greater than one per cent (1%) of the Management Charge due in respect of any one Contract Year or year of any Call Off Contracts then, without prejudice to the Authority’s other rights under this Framework Agreement, the Supplier shall reimburse the Authority its reasonable costs incurred in relation to the Audit.
14.10. If an Audit reveals:
14.10.1. that the Supplier has underpaid an amount equal to or greater than five per cent (5%) of the Management Charge due during any Contract Year of this Framework Agreement and any Call Off Contracts; and/or
14.10.2. a material Default; then the Authority shall be entitled to terminate this Framework Agreement under Clause 22.1.
14.11. The Parties agree that they shall bear their own respective costs and expenses incurred in respect of compliance with their obligations under this Clause 14, save as specified in Clause 14.9.
Appears in 1 contract
Samples: Framework Agreement