Submission of Apprentice Data. 17.1 The Contractor must supply the ESFA data on each individual Apprentice, in accordance with the data collections framework set out in the ‘ILR specification validation rules and appendices 2020 to 2021’ as amended and updated from time to time and which are published on the ESFA’s website via xxxxx://xxxxxxxx.xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/in accordance with the ‘Provider Support Manual’ as amended and updated from time to time. 17.2 The Contractor must supply the ESFA with data in accordance with the following: 17.2.1 in line with agreed audit arrangements; 17.2.2 in adherence with the Data Protection Laws; 17.2.3 to support payments to be made; 17.2.4 to enable reconciliation to take place; and 17.2.5 to support the contract management and allocation processes. 17.3 The Contractor will report new starts within 2 months of the Apprentice starting, or within 3 months of the Apprentice finishing for all withdrawals and achievements. The Contractor will report all changes by the final collection of the Funding Year. 17.4 Data collected must be transmitted to the ESFA through the ESFA’s web portal xxxxx://xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/. Access to the ESFA’s web portal is restricted and the Contractor agrees to comply with the conditions of use regarding the supply of data to the ESFA set out in this Clause 17 and in ‘Individualised Learner Record Specification 2020 to 2021 and relevant Provider Support Manual’ as amended and updated available from time to time, via xxxxx://xxxxxxxx.xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/ 17.5 Where the ESFA is concerned about the quality of the data, including the completeness or accuracy of the data, provided by the Contractor, the ESFA may require the Contractor to supply data more frequently for such a period as the ESFA shall require, and the ESFA may audit, or instruct a third party to audit, at the Contractor’s cost, the Contractor's data and controls to gain assurance that the quality improvements have been made. 17.6 The ESFA reserves the right to require the Contractor, at its own cost, to carry out such work as the ESFA deems necessary to improve the quality of data. 17.7 Without prejudice to any other provision of this Clause 17 the ESFA reserves the right to suspend payments to the Contractor under the Contract where data quality gives rise to concern about the accuracy of the data provided by the Contractor. 17.8 Failure to transmit complete and accurate data to the ESFA in accordance with this Clause 17 will constitute a Serious Breach of Contract in accordance with Clause 23 (Breach) of the Contract. 17.9 Where the Contractor is providing the Services to Apprentices claiming state benefits, it must provide data to the Secretary of State with responsibility for unemployment or their nominated representative in accordance with the requirements notified to the Contractor. Failure to transmit complete and accurate data under this Clause 17 will constitute a Serious Breach of Contract in accordance with Clause 23 (Breach) of the Contract and may result in payments for this part of the Services to be delayed or withheld. 17.10 The Contractor must update the course information funded by the ESFA at xxxxx://xxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxxxxx.xxx.xx/ 17.11 The Contractor shall register with UKRLP (xxxx://xxx.xxxxx.xx.xx) and Get Information About Schools where appropriate (xxxxx://xxx-xxxxxxxxxxx- xxxxxxx.xxxxxxx.xxx.xx/) and maintain contact details on an on-going basis. 17.12 The Contractor must submit data about any member of its workforce delivering GCSE English and Maths in the format and to the timescales as required by the ESFA. 17.13 The ESFA will monitor and review the data submitted under this Clause 17 (Submission of Apprentice Data) of this Contract to ensure that payments are made in accordance with the requirements set out in “Financial Assurance: Monitoring the funding rules for apprenticeships and adult skills” 17.14 The ESFA will publish monitoring reports on xxxxx://xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/. The Contractor must access the monitoring reports every month and amend any errors for the next submission by taking the actions specified in the report user guide. Failure to amend the data as required will constitute a Minor Breach of Contract in accordance with Clause 23 (Breach) of the Contract. 17.15 If served with notice of a breach, the Contractor must correct data or supply the ESFA with evidence within the period specified in the notice. This evidence can include digital copies of documents such as Apprentice files, commitment statements or employer declarations. Annotated spreadsheets or notes are not acceptable as evidence. 17.16 Where data is incorrect in the final data submission of the academic year the ESFA will recover the payments associated with the incorrect data. 17.17 Without prejudice to the ESFA’s rights under Clauses 23 (Breach) and 24 (Termination) and to any other express rights under this Contract, where the Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or Apprentice data (including Evidence Packs), or the ESFA reasonably believes such reports to be fraudulent or erroneous the ESFA may, by notice to the Contractor, increase the level of its monitoring of the Contractor, or (at the ESFA’s option), of the Contractor's monitoring of its own performance of its obligations under this Contract in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Contractor will have demonstrated to the reasonable satisfaction of the ESFA that it will perform (and is capable of performing) its obligations under this Contract, in which case, the following provisions will apply: 17.17.1 any such notice to the Contractor will specify in reasonable detail the additional measures to be taken by the ESFA or by the Contractor (as the case may be) in monitoring the performance of the Contractor; 17.17.2 if the Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the ESFA in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Contractor's performance of its obligations under this Contract); 17.17.3 the measures to be taken by the ESFA and the Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the ESFA’s receipt of the Contractor's objection, determined pursuant to Clause 35 (Dispute Resolution); and 17.17.4 the Contractor will bear its own costs and indemnify and keep the ESFA indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the ESFA in relation to such increased level of monitoring save where there is no evidence that the Contractor has been found to have been fraudulent or to have submitted erroneous reports and the Contractor has been exonerated.
Appears in 2 contracts
Samples: Contract for Services, Contract for Services
Submission of Apprentice Data. 17.1 The Contractor must supply the ESFA Department data on each individual Apprentice, in accordance with the data collections framework set out in the ‘ILR specification validation rules and appendices 2020 2022 to 20212023’ as amended and updated from time to time and which are published on the ESFADepartment’s website via xxxxx://xxxxxxxx.xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/in Individualised Learner Record (ILR) technical documents, guidance and requirements (xxxxxx-xxxxxxx-xxxx.xxxxxxx.xxx.xx) in accordance with the ‘Provider Support Manual’ as amended and updated from time to time.
17.2 The Contractor must supply the ESFA Department with data in accordance with the following:
17.2.1 in line with agreed audit arrangements;
17.2.2 in adherence with the Data Protection LawsLegislation;
17.2.3 to support payments to be made;
17.2.4 to enable reconciliation to take place; and;
17.2.5 to support the contract management and allocation processes; and
17.2.6 any written request from the Department.
17.3 The Contractor will report new starts within 2 months of the Apprentice starting, or within 3 months of the Apprentice finishing for all withdrawals and achievements. The Contractor will report all changes by the final collection of the Funding Year.
17.4 Data collected must be transmitted to the ESFA Department through the ESFADepartment’s web portal xxxxx://xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/. Submit learner data (xxxxx.xxx.xx). Access to the ESFADepartment’s web portal is restricted and the Contractor agrees to comply with the conditions of use regarding the supply of data to the ESFA Department set out in this Clause 17 and in ‘Individualised Learner Record Specification 2020 2022 to 2021 2023 and relevant Provider Support Manual’ as amended and updated available from time to time, via xxxxx://xxxxxxxx.xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/Individualised Learner Record (ILR) technical documents, guidance and requirements (xxxxxx-xxxxxxx-xxxx.xxxxxxx.xxx.xx).
17.5 Where the ESFA Department is concerned about the quality of the data, including the completeness or accuracy of the data, provided by the Contractor, the ESFA Department may require the Contractor to supply data more frequently for such a period as the ESFA Department shall require, and the ESFA Department may audit, or instruct a third party to audit, at the Contractor’s cost, the Contractor's data and controls to gain assurance that the quality improvements have been made.
17.6 The ESFA Department reserves the right to require the Contractor, at its own cost, to carry out such work as the ESFA Department deems necessary to improve the quality of data.
17.7 Without prejudice to any other provision of this Clause 17 the ESFA Department reserves the right to suspend payments to the Contractor under the Contract where data quality gives rise to concern about the accuracy of the data provided by the ContractorContractor and take action under the Accountability Framework.
17.8 Failure to transmit complete and accurate data to the ESFA Department in accordance with this Clause 17 will constitute a Serious Breach breach of Contract in accordance with Clause 23 (Breach) of the Contractcontract.
17.9 Where the Contractor is providing the Services to Apprentices claiming state benefits, it must provide data to the Secretary of State with responsibility for unemployment or their nominated representative in accordance with the requirements notified to the Contractor. Failure to transmit complete and accurate data under this Clause 17 will constitute a Serious Breach breach of Contract in accordance with Clause 23 (Breach) of the Contract contract and may result in payments for this part of the Services to be delayed being suspended and / or withheldwithdrawn in accordance with Clause 23 (Withholding, Suspension and Repayment of Funding) and / or termination under Clause 24 (Termination).
17.10 The Contractor must update the course information with details of all of the Services funded by the ESFA at xxxxx://xxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxxxxx.xxx.xx/Department to the course directory (Publish to the course directory (xxxxxxxxxxxxxxx.xxxxxxx.xxx.xx) The Contractor must regularly review this information and keep it updated.
17.11 The Contractor shall register with UKRLP (xxxx://xxx.xxxxx.xx.xxUK Register of Learning Providers (xxxxx.xx.xx)) and Get Information About Schools where appropriate (xxxxx://xxx-xxxxxxxxxxx- xxxxxxx.xxxxxxx.xxx.xx/Get Information about Schools - XXX.XX (xxx-xxxxxxxxxxx-xxxxxxx.xxxxxxx.xxx.xx)) and maintain contact details on an on-going basis.
17.12 The Contractor must submit data about any member of its workforce delivering GCSE English and Maths in the format and to the timescales as required by the ESFADepartment.
17.13 The ESFA Department will monitor and review the data submitted under this Clause 17 (Submission of Apprentice Data) of this Contract to ensure that payments are made in accordance with the requirements set out in “Financial Assurance: Monitoring the funding rules for apprenticeships and adult skills”
17.14 The ESFA Department will publish monitoring reports on xxxxx://xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/. View your education data. The Contractor must access the monitoring reports every month and amend any errors for the next submission by taking the actions specified in the report user guide. Failure to amend the data as required will constitute a Minor Breach breach of Contract contract in accordance with Clause 23 (BreachWithholding, Suspension and Repayment of Funding) of the Contract.
17.15 If served with notice of a breach, the Contractor must correct data or supply the ESFA Department with evidence within the period specified in the notice. This evidence can include digital copies of documents such as Apprentice files, commitment statements or employer declarations. Annotated spreadsheets or notes are not acceptable as evidence.
17.16 Where data is incorrect in the final data submission of the academic year the ESFA Department will recover the payments associated with the incorrect data.
17.17 Without prejudice to the ESFADepartment’s rights under Clauses 23 (BreachWithholding, Suspension and Repayment of Funding) and 24 (Termination) and to any other express rights under this Contract, where the Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or Apprentice data (including Evidence Packs), or the ESFA Department reasonably believes such reports to be fraudulent or erroneous the ESFA Department may, by notice to the Contractor, increase the level of its monitoring of the Contractor, or (at the ESFADepartment’s option), of the Contractor's monitoring of its own performance of its obligations under this Contract in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Contractor will have demonstrated to the reasonable satisfaction of the ESFA Department that it will perform (and is capable of performing) its obligations under this Contract, in which case, the following provisions will apply:
17.17.1 any such notice to the Contractor will specify in reasonable detail the additional measures to be taken by the ESFA Department or by the Contractor (as the case may be) in monitoring the performance of the Contractor;
17.17.2 if the Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the ESFA Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Contractor's performance of its obligations under this Contract);
17.17.3 the measures to be taken by the ESFA Department and the Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the ESFADepartment’s receipt of the Contractor's objection, determined pursuant to Clause 35 (Dispute Resolution); and
17.17.4 the Contractor will bear its own costs and indemnify and keep the ESFA Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the ESFA Department in relation to such increased level of monitoring save where there is no evidence that the Contractor has been found to have been fraudulent or to have submitted erroneous reports and the Contractor has been exonerated.
Appears in 1 contract
Samples: Contract for Services
Submission of Apprentice Data. 17.1 The Contractor must supply the ESFA Department data on each individual Apprentice, in accordance with the data collections framework set out in the ‘ILR specification validation rules Individualised Learner Record (ILR) technical documents, guidance and appendices 2020 to 2021’ requirements as amended and updated from time to time and which are published on the ESFADepartment’s website via xxxxx://xxxxxxxx.xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/in Individualised Learner Record (ILR) technical documents, guidance and requirements (xxxxxx-xxxxxxx-xxxx.xxxxxxx.xxx.xx) in accordance with the ‘Provider Support Manual’ as amended and updated from time to time.
17.2 The Contractor must supply the ESFA Department with data in accordance with the following:
17.2.1 in line with agreed audit arrangements;
17.2.2 in adherence with the Data Protection LawsLegislation;
17.2.3 to support payments to be made;
17.2.4 to enable reconciliation to take place; and;
17.2.5 to support the contract management and allocation processes; and
17.2.6 any written request from the Department.
17.3 The Contractor will report new starts within 2 months of the Apprentice starting, or within 3 months of the Apprentice finishing for all withdrawals and achievements. The Contractor will report all changes by the final collection of the Funding Year.
17.4 Data collected must be transmitted to the ESFA Department through the ESFADepartment’s web portal xxxxx://xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/. Submit learner data (xxxxxx-xxxxxxx-xxxx.xxxxxxx.xxx.xx). Access to the ESFADepartment’s web portal is restricted and the Contractor agrees to comply with the conditions of use regarding the supply of data to the ESFA Department set out in this Clause 17 and in ‘Individualised Learner Record Specification 2020 2023 to 2021 2024 and relevant Provider Support Manual’ as amended and updated available from time to time, via xxxxx://xxxxxxxx.xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/Individualised Learner Record (ILR) technical documents, guidance and requirements (xxxxxx-xxxxxxx-xxxx.xxxxxxx.xxx.xx).
17.5 Where the ESFA Department is concerned about the quality of the data, including the completeness or accuracy of the data, provided by the Contractor, the ESFA Department may require the Contractor to supply data more frequently for such a period as the ESFA Department shall require, and the ESFA Department may audit, or instruct a third party to audit, at the Contractor’s cost, the Contractor's data and controls to gain assurance that the quality improvements have been made.
17.6 The ESFA Department reserves the right to require the Contractor, at its own cost, to carry out such work as the ESFA Department deems necessary to improve the quality of data.
17.7 Without prejudice to any other provision of this Clause 17 the ESFA Department reserves the right to suspend payments to the Contractor under the Contract where data quality gives rise to concern about the accuracy of the data provided by the ContractorContractor and take action under the Apprenticeship Accountability Framework.
17.8 Failure to transmit complete and accurate data to the ESFA Department in accordance with this Clause 17 will constitute a Serious Breach breach of Contract in accordance with Clause 23 (Breach) of the Contractcontract.
17.9 Where the Contractor is providing the Services to Apprentices claiming state benefits, it must provide data to the Secretary of State with responsibility for unemployment or their nominated representative in accordance with the requirements notified to the Contractor. Failure to transmit complete and accurate data under this Clause 17 will constitute a Serious Breach breach of Contract in accordance with Clause 23 (Breach) of the Contract contract and may result in payments for this part of the Services to be delayed being suspended and / or withheldwithdrawn in accordance with Clause 23 (Withholding, Suspension and Repayment of Funding) and / or termination under Clause 24 (Termination).
17.10 The Contractor must update the course information with details of all of the Services funded by the ESFA at xxxxx://xxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxxxxx.xxx.xx/Department to the course directory (Publish to the course directory (xxxxxxxxxxxxxxx.xxxxxxx.xxx.xx). The Contractor must regularly review this information and keep it updated.
17.11 The Contractor shall register with UKRLP (xxxx://xxx.xxxxx.xx.xxUK Register of Learning Providers (xxxxx.xx.xx)) and Get Information About Schools where appropriate (xxxxx://xxx-xxxxxxxxxxx- xxxxxxx.xxxxxxx.xxx.xx/Get Information about Schools - XXX.XX (xxx-xxxxxxxxxxx-xxxxxxx.xxxxxxx.xxx.xx)) and maintain contact details on an on-going basis.
17.12 The Contractor must submit data about any member of its workforce delivering GCSE English and Maths in the format and to the timescales as required by the ESFADepartment.
17.13 The ESFA Department will monitor and review the data submitted under this Clause 17 (Submission of Apprentice Data) of this Contract to ensure that payments are made in accordance with the requirements set out in “Financial Assurance: Monitoring the funding rules for apprenticeships and adult skills”
17.14 The ESFA Department will publish monitoring reports on xxxxx://xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/. View your education data. The Contractor must access the monitoring reports every month and amend any errors for the next submission by taking the actions specified in the report user guide. Failure to amend the data as required will constitute a Minor Breach breach of Contract contract in accordance with Clause 23 (BreachWithholding, Suspension and Repayment of Funding) of the Contract.
17.15 If served with notice of a breach, the Contractor must correct data or supply the ESFA Department with evidence within the period specified in the notice. This evidence can include digital copies of documents such as Apprentice files, commitment statements or employer declarations. Annotated spreadsheets or notes are not acceptable as evidence.
17.16 Where data is incorrect in the final data submission of the academic year the ESFA Department will recover the payments associated with the incorrect data.
17.17 Without prejudice to the ESFADepartment’s rights under Clauses 23 (BreachWithholding, Suspension and Repayment of Funding) and 24 (Termination) and to any other express rights under this Contract, where the Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or Apprentice data (including Evidence Packs), or the ESFA Department reasonably believes such reports to be fraudulent or erroneous the ESFA Department may, by notice to the Contractor, increase the level of its monitoring of the Contractor, or (at the ESFADepartment’s option), of the Contractor's monitoring of its own performance of its obligations under this Contract in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Contractor will have demonstrated to the reasonable satisfaction of the ESFA Department that it will perform (and is capable of performing) its obligations under this Contract, in which case, the following provisions will apply:
17.17.1 any such notice to the Contractor will specify in reasonable detail the additional measures to be taken by the ESFA Department or by the Contractor (as the case may be) in monitoring the performance of the Contractor;
17.17.2 if the Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the ESFA Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Contractor's performance of its obligations under this Contract);
17.17.3 the measures to be taken by the ESFA Department and the Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the ESFADepartment’s receipt of the Contractor's objection, determined pursuant to Clause 35 (Dispute Resolution); and
17.17.4 the Contractor will bear its own costs and indemnify and keep the ESFA Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the ESFA Department in relation to such increased level of monitoring save where there is no evidence that the Contractor has been found to have been fraudulent or to have submitted erroneous reports and the Contractor has been exonerated.
Appears in 1 contract
Samples: Contract for Services
Submission of Apprentice Data. 17.1 The Contractor must supply the ESFA data on each individual Apprentice, in accordance with the data collections framework set out in the ‘ILR specification validation rules and appendices 2020 2019 to 20212020’ as amended and updated from time to time and which are published on the ESFA’s website via xxxxx://xxxxxxxx.xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/in xxxxx://xxx.xxx.xx/government/publications/ilr-specification-validation-rules- and-appendices-2019-to-2020 in accordance with the ‘Provider Support Manual’ as amended and updated from time to time.
17.2 The Contractor must supply the ESFA with data in accordance with the following:
17.2.1 in line with agreed audit arrangements;
17.2.2 in adherence with the Data Protection Laws;
17.2.3 to support payments to be made;
17.2.4 to enable reconciliation to take place; and
17.2.5 to support the contract management and allocation processes.
17.3 The Contractor will report new starts within 2 months of the Apprentice starting, or within 3 months of the Apprentice finishing for all withdrawals and achievements. The Contractor will report all changes by the final collection of the Funding Year.
17.4 Data collected must be transmitted to the ESFA through the ESFA’s web portal xxxxx://xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/. Access to the ESFA’s web portal is restricted and the Contractor agrees to comply with the conditions of use regarding the supply of data to the ESFA set out in this Clause 17 and in ‘Individualised Learner Record Specification 2019 to 2020 to 2021 and relevant Provider Support Manual’ as amended and updated available from time to time, via xxxxx://xxxxxxxx.xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/xxxxx://xxx.xxx.xx/government/collections/individualised-learner-record-ilr
17.5 Where the ESFA is concerned about the quality of the data, including the completeness or accuracy of the data, provided by the Contractor, the ESFA may require the Contractor to supply data more frequently for such a period as the ESFA shall require, and the ESFA may audit, or instruct a third party to audit, at the Contractor’s cost, the Contractor's data and controls to gain assurance that the quality improvements have been made.
17.6 The ESFA reserves the right to require the Contractor, at its own cost, to carry out such work as the ESFA deems necessary to improve the quality of data.
17.7 Without prejudice to any other provision of this Clause 17 the ESFA reserves the right to suspend payments to the Contractor under the Contract where data quality gives rise to concern about the accuracy of the data provided by the Contractor.
17.8 Failure to transmit complete and accurate data to the ESFA in accordance with this Clause 17 will constitute a Serious Breach of Contract in accordance with Clause 23 (Breach) of the Contract.
17.9 Where the Contractor is providing the Services to Apprentices claiming state benefits, it must provide data to the Secretary of State with responsibility for unemployment or their nominated representative in accordance with the requirements notified to the Contractor. Failure to transmit complete and accurate data under this Clause 17 will constitute a Serious Breach of Contract in accordance with Clause 23 (Breach) of the Contract and may result in payments for this part of the Services to be delayed or withheld.
17.10 The Contractor must update the course information funded by the ESFA at xxxxx://xxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxxxxx.xxx.xx/xxx.xxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx.xx in accordance with the course directory data requirements which can be found at xxxxx://xxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx.xx/Help .
17.11 The Contractor shall register with UKRLP (xxxx://xxx.xxxxx.xx.xx) and Get Information About Schools where appropriate (xxxxx://xxx-xxxxxxxxxxx- xxxxxxx.xxxxxxx.xxx.xx/xxxxx://xxx-xxxxxxxxxxx-xxxxxxx.xxxxxxx.xxx.xx/) and maintain contact details on an on-going basis.
17.12 The Contractor must submit data about any member of its workforce delivering GCSE English and Maths in the format and to the timescales as required by the ESFA.
17.13 The ESFA will monitor and review the data submitted under this Clause 17 (Submission of Apprentice Data) of this Contract to ensure that payments are made in accordance with the requirements set out in “Financial Assurance: Monitoring the funding rules for apprenticeships and adult skills”
17.14 The ESFA will publish monitoring reports on xxxxx://xxxxxxxxxxxxxxxxxxxxx.xxxxx.xxx.xx/. The Contractor must access the monitoring reports every month and amend any errors for the next submission by taking the actions specified in the report user guide. Failure to amend the data as required will constitute a Minor Breach of Contract in accordance with Clause 23 (Breach) of the Contract.
17.15 If served with notice of a breach, the Contractor must correct data or supply the ESFA with evidence within the period specified in the notice. This evidence can include digital copies of documents such as Apprentice files, commitment statements or employer declarations. Annotated spreadsheets or notes are not acceptable as evidence.
17.16 Where data is incorrect in the final data submission of the academic year the ESFA will recover the payments associated with the incorrect data.
17.17 Without prejudice to the ESFA’s rights under Clauses 23 (Breach) and 24 (Termination) and to any other express rights under this Contract, where the Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or Apprentice data (including Evidence Packs), or the ESFA reasonably believes such reports to be fraudulent or erroneous the ESFA may, by notice to the Contractor, increase the level of its monitoring of the Contractor, or (at the ESFA’s option), of the Contractor's monitoring of its own performance of its obligations under this Contract in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Contractor will have demonstrated to the reasonable satisfaction of the ESFA that it will perform (and is capable of performing) its obligations under this Contract, in which case, the following provisions will apply:
17.17.1 any such notice to the Contractor will specify in reasonable detail the additional measures to be taken by the ESFA or by the Contractor (as the case may be) in monitoring the performance of the Contractor;
17.17.2 if the Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the ESFA in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Contractor's performance of its obligations under this Contract);
17.17.3 the measures to be taken by the ESFA and the Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the ESFA’s receipt of the Contractor's objection, determined pursuant to Clause 35 (Dispute Resolution); and
17.17.4 the Contractor will bear its own costs and indemnify and keep the ESFA indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the ESFA in relation to such increased level of monitoring save where there is no evidence that the Contractor has been found to have been fraudulent or to have submitted erroneous reports and the Contractor has been exonerated.
Appears in 1 contract
Samples: Contract for Services
