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SCHEDULE F
SERVICE LEVEL REQUIREMENTS
Schedule F, Service Level Requirements
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SCHEDULE F
SERVICE LEVEL REQUIREMENTS
1
STRUCTURE OF SCHEDULE F
1.1
This Schedule is divided into three parts:
1.1.1 Schedule F, Part 1 – Service Level Terms. This part sets out certain terms and
conditions that apply specifically to the Service Levels described in this Schedule.
1.1.2 Schedule F, Part 2 – Operational Service Levels. This part defines the operational
Service Levels for finger and palm Services under IDENT1 that the Contractor is
required to meet from TOR to the end of the Term (as such Service Levels are
amended from time to time in accordance with the Contract).
1.1.3 Schedule F, Part 3 – Livescan Service Levels. This part defines the Service Levels
for Livescan that the Contractor is required to meet from TOR to the end of the Term,
as such Service Levels are amended from time to time in accordance with the
Contract.
1.2
The Parties may add new parts to this Schedule to incorporate Services Levels for New
Services which are agreed through Schedule L (Change Control Procedure) which do not
fall within Parts 2 and 3 of this Schedule.
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SCHEDULE F, PART 1
SERVICE LEVELS TERMS CONTENTS
Schedule F, Service Level Requirements
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CONTENTS
1
DEFINITIONS ..............................................................................................................................3
2
SERVICE LEVELS - INTRODUCTION ...................................................................................3
3
CHANGES .....................................................................................................................................4
4
CONTINUOUS IMPROVEMENT..............................................................................................7
5
ESCALATION OF SERVICE-RELATED FAILURE..............................................................8
6
EXCEPTIONS.............................................................................................................................10
7
REPORTS ....................................................................................................................................10
8
CALCULATION OF SERVICE PAYMENT ADJUSTMENT ..............................................10
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1
DEFINITIONS
All capitalised terms in this Schedule shall have the meaning set out in Schedule C (Definitions).
2
SERVICE LEVELS - INTRODUCTION
2.1
General
2.1.1 This Schedule identifies the Service Levels that are the key performance indicators in
assuring service delivery for the overall Service. The Contractor is obligated to meet
or exceed the Service Levels identified in this Schedule. This Schedule describes the:
(i) consequences if the relevant Service Levels are not met by the Contractor as
specified in this Schedule, including the Service Credits to which the Authority shall
be entitled, at its sole discretion, if the Contractor fails to meet such Service Levels;
and (ii) Service Incentive Payments the Contractor will receive from the Authority if
the Contractor exceeds the Service Levels as specified in this Schedule.
2.1.2 The Contractor shall perform the Services in accordance with Clause 10.1 of
Schedule B (Conditions of Contract).
2.1.3 Unless otherwise specified in the Contract, the Service Levels shall be measured on a
monthly basis, and they will form the basis upon which the Contractor will be
remunerated as set out in Schedule E (Pricing).
2.1.4 As part of the Contractor’s overall responsibilities under the Contract, the Parties
acknowledge that the day-to-day management of Service Level performance shall be
carried out by the Contractor’s service management personnel. The Contractor’s
service management personnel shall provide the Service Level reports to the
Authority in accordance with this Schedule.
2.1.5 Unless otherwise set out in this Schedule, any changes to the Service Levels shall be
subject to the Change Control Procedure.
2.1.6 During the Term, the Contractor shall have a service level regime in place with its
Subcontractors so that the Contractor is able to achieve the Service Levels set out in
this Schedule. The Parties may agree, in accordance with Schedule L (Change
Control Schedule), that the Contractor will manage certain third parties, as requested
and identified by the Authority after the Effective Date, and if so requested by the
Authority, the Parties shall work together to identify and agree any service levels
required in relation to the management of such third parties.
2.1.7 Unless otherwise specified, throughout this Schedule and the Contract (as applicable),
references to “Schedule F” shall be taken to mean Schedule F, Part 1; Schedule F,
Part 2; and Schedule F, Part 3 (as applicable) or all of them together, as appropriate.
2.1.8 In the event of a conflict between Part 1 of this Schedule and Part 2 and/or Part 3 (as
applicable), the provisions of Part 1 shall apply.
2.1.9 Part 2 and 3 (and any additional Parts as applicable) shall be reviewed between the
Authority and the Contractor, at least annually, to validate the applicability of the
content and to identify and implement any agreed changes that would benefit the
overall Service.
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2.2
Measuring the Service Levels - Overview
2.2.1 The description of the IDENT1 Service Level regime set out in this Clause 2.2 is a
summary of the more detailed Service Level regime set out in Parts 2 and 3 of this
Schedule. This Schedule identifies how the Contractor’s performance of the Services
identified in this Schedule shall be measured. Such Services are divided into
categories of Service – these are: system category, business category, and user
category (“Service Category”).
2.2.2 Parts 2 and 3 of this Schedule identify the Service Level Criteria, for example,
availability, accuracy, throughput, etc (i.e. the Service Level Criteria) and service
measurement metrics (i.e. the Service Level Metrics) that shall be used to calculate
the Contractor’s performance under each of the Service Categories.
2.2.3 Parts 2 and 3 of this Schedule contain various scoring tables (“Scoring Tables”) and
formulas that identify the relevant Target Service Levels (and corresponding Target
Service Score) the Contractor is required to meet, and a sliding scale (upwards and
downwards) of performance which is measured and mapped to the relevant Service
Score in the Scoring Tables. In addition to identifying the Target Service Score, such
sliding scale also identifies the Maximum Allowable Score and the Minimum
Allowable Score in respect of such performance.
2.2.4 Once a performance value has been computed to reflect the Contractor’s actual
performance in relation to the relevant Target Service Level, a corresponding Service
Score for such performance (“Individual Score”) will be selected from the relevant
Scoring Table.
2.2.5 On a monthly basis, the Service Scores shall be accumulated in accordance with the
mechanisms set out in this Schedule for calculating the overall score for the relevant
Service (“Overall Score”). The Service Credits and Service Incentive Payments
shall be calculated in accordance with Schedule E (Pricing) and shall be based on the
Overall Score achieved by the Contractor for the relevant Month. This Schedule also
sets out the Weightings that are to be applied in order to calculate the Overall Score.
2.2.6 The reporting mechanisms and procedures used for monitoring and managing the
Service Levels are set out in this Schedule.
3
CHANGES
Service Level Metrics may be added, deleted or modified through Schedule L (Change Control
Procedure). It is recognised that there are circumstances where a more expeditious means of making
changes is needed, and those changes may be made in accordance with the provisions of this Clause 3.
Such addition, deletion or modification of Service Level Metrics shall apply from the date determined
by Clauses 3.1, 3.2, 3.3 or 3.4 below and the Contractor shall meet or exceed such amended Service
Levels from that date. The Authority shall be entitled to reassign the Weightings as a part of the
process for such addition, deletion or modification to reflect such added, deleted or modified Service
Level Metrics and the Contractor shall not unreasonably (taking account of the proportionality of the
reassignment with respect to the overall Service Levels) withhold its consent to such reassignment of
the Weightings.
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3.1
Additions
3.1.1 New Services – Adding Metrics for New Services
New Services and any corresponding new service levels (including any new service
level criteria and/or new service level metrics) required for such New Services shall
be agreed by the Parties in accordance with Schedule L (Change Control
Procedure).
3.1.2 Current Services – Adding Metrics for Existing Services
(a)
At any time during the Term, Service Level Metrics (as applicable) may be
added to this Schedule without any change to the Service Charges in
accordance with this Clause 3.1.2 if the Authority is able to identify to the
Contractor that the existing Service Level Criteria or Service Level Metrics
do not sufficiently (or at all) represent or cover the performance of the then
current Service or other requirement of the Contract. The addition of such
new Service Level Metrics will be initiated by the Authority sending a
written request to the Contractor at least thirty (30) days prior to the date that
the Authority requires such additional Service Level Criteria or Service Level
Metrics (as applicable) to be effective. The Contractor shall not unreasonably
(taking account of the proportionality of the Authority’s request with respect
to the Service Level Metric and its Weighting within the overall Service
Levels) withhold its consent to the introduction of such new Service Level
Metrics. Such new Service Level Metrics shall be established in accordance
with the following, as appropriate:
(i)
based on an Authority Requirement set out in Schedule D (Detailed
Operational Requirements) and/or any obligation under the
Contract, the Authority shall be entitled to identify a Target Service
Level for the new Service Level Metric; or
(ii)
in the event a new target service level cannot be established in
accordance with Clause 3.1.2(a) (i) above, the Parties shall agree the
new service level based on:
(A)
using data from a comparable Service Level for an existing
element of the Services Requirements; or
(B)
by the Contractor monitoring and testing the proposed new
service level for a period of six (6) Months (unless a different
period is agreed by the Parties).
(b)
Without prejudice to the Parties’ rights under the Contract, if the Parties fail
to agree to the addition of a new service level pursuant to Clause 3.1.2(a)
(including, for the avoidance of doubt, agreement pursuant to Clause
3.1.2(a)(ii)(B).) above prior to the date that the Authority requires such
Service Level to be effective, the Contractor shall continue to perform the
relevant Service and such failure to agree shall be escalated in accordance
with the escalation process set out in Clause 5 below.
3.1.3 Adding Service Level Metrics based on the Shadow Metrics
(a)
The Shadow Metrics are set out in Parts 2 and 3 of this Schedule along with
the procedures for monitoring and testing such Shadow Metrics. Either Party
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may propose to add other Shadow Metrics to this Schedule at any time after
the Effective Date by writing to the other Party and detailing how such
proposed Shadow Metrics shall be monitored and tested. The other Party
shall respond to such proposals, and thereafter, the Parties shall work together
to agree the relevant Shadow Metrics and their monitoring and testing. If the
Parties cannot agree on the Shadow Metrics and their monitoring and testing,
such disagreement shall be settled in accordance with Schedule P (Dispute
Resolution Procedure).
(b)
Unless otherwise agreed by the Parties, the Measurement Window for the
Shadow Metrics shall be six (6) Months, as amended from time to time in
accordance with Clause 3.1.3(d) below. The Shadow Metrics detailed in
Parts 2 and 3 at the Effective Date shall be monitored and tested by the
Contractor for the Measurement Window which shall commence on the
Effective Date.
(c)
Any Shadow Metrics added to this Schedule after the Effective Date shall be
monitored and tested by the Contractor for a Measurement Window which
shall commence on the date agreed by the Parties.
(d)
At the end of, or at any time during, the Measurement Window(s) for the
relevant Shadow Metrics, the Parties may agree to extend or reduce the
period of the Measurement Window.
(e)
At the end of the Measurement Window for the Shadow Metrics, the
resulting data will be reviewed by the Parties to determine if the relevant
Shadow Metric shall be implemented as a part of the Service Level regime
and the basis for its measurement and scoring, subject to the agreement of the
Parties. Such implementation of Service Level Metrics as Service Levels in
accordance with this Clause 3.1.3 shall be made without any change to the
Service Charges.
3.2
Deletions
At any time during the Term, the Authority may request the deletion of Service Level
Metrics (acting reasonably and for good business reasons) where it is able to identify to the
Contractor that the Service Level Metrics do not sufficiently represent or cover the
performance of the then current Service or other requirements of the Contract by sending
written notice to the Contractor at least thirty (30) days prior to the date that the Authority
requests such deletions to the Service Level Metrics to be effective and the Contractor shall
not unreasonably (taking account of the proportionality of the Authority’s request with respect
to the Service Level Metrics to be deleted and to the overall Service Levels) withhold its
consent to the deletion of such Service Levels. Such deletions shall be made without any
change to the Service Charges. This Schedule shall be updated to reflect the deletion of any
Service Level Metrics.
3.3
Modifications
At any time during the Term, the Authority may amend the Service Level Metrics (acting
reasonably and for good business reasons) where it is able to identify to the Contractor that
the Service Level Metrics do not sufficiently represent or cover the performance of the then
current Service or other requirements of the Contract by sending written notice to the
Contractor at least thirty (30) days prior to the date that the Authority requires such amended
Service Levels to be effective and the Contractor shall not unreasonably (taking account of
the proportionality of the Authority’s request with respect to the Service Level Metrics to be
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amended and to the overall Service Levels) withhold its consent to such amendment of the
Service Level Metrics. If such amendment affects the Service Charges, the Parties shall agree
such change to the Service Charges (if any) in accordance with Schedule L (Change Control
Procedure). This Schedule shall be updated to reflect the modification of any Service Level
Metrics.
3.4
Weightings
At any time during the Term, the Authority may make changes to the Weightings for any
Service Level Metric (acting reasonably and for good business reasons) where it is able to
identify to the Contractor that the existing Weightings do not sufficiently represent or cover
the performance of the then current Service or other requirements of the Contract, by sending
written notice to the Contractor at least thirty (30) days prior to the date the Authority requires
such Weightings to be effective, and the Contractor shall not unreasonably (taking account of
the proportionality of the Authority’s request with respect to the Weightings to the overall
Service Levels) withhold its consent to such changes to the Weightings. This Schedule shall
be updated to reflect any change to the Weightings and such changes shall not affect the
Service Charges.
4
CONTINUOUS IMPROVEMENT
4.1
General
The Parties agree to the principle of continuous improvement of service performance and that
the Service Levels should be modified during the Term to reflect this. Unless otherwise
agreed by the Parties, the Service Levels will be modified each year upon the anniversary of
TOR as described in this Clause 4. The modifications as described in this Clause 4 are in
addition to any stepped changes in Target Service Levels which are identified in the relevant
parts of this Schedule.
4.2
Continuous Improvement
4.2.1 Subject to Clauses 4.2.2, 4.2.3, and 4.2.4, below, each established Target Service
Level shall be reset upwards by 20% of the difference between the mean actual
performance measure of the relevant Service Metric over the preceding twelve (12)
months and its corresponding Target Service Level, unless the Contractor can
demonstrate that such actual performance is not sustainable due to particular
circumstances during the previous or next twelve (12) Months. If the Target Service
Level is reset in accordance with this Clause 4.2.1, the levels of performance above or
below such Target Service Level shall be reset by the same percentage as the Target
Service Level. Service Levels cannot be decreased without the express written
consent of the Authority.
4.2.2 In the event that there are any stepped changes to a Target Service Level during the
Term (provided such stepped changes are identified in the relevant parts of this
Schedule), the Parties will reset the twelve (12) Months measurement period
(described in Clause 4.2.1 above) for that Target Service Level so that the first Month
of measurement begins from the date the stepped change occurred.
4.2.3 For any Service Levels which are not measured on a sliding scale basis (for example,
a Service Level of “no more than two (2) failures in any measurement period”) where
the mean actual performance in the preceding calendar year was above the Service
Level, the Parties will agree a mechanism for continuous improvement which:
(a)
reflects a similar intention; and
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(b)
provides for a reasonable Service Level increase,
in terms similar to the regime detailed in Clauses 4.2.1 to 4.2.2 above.
4.2.4 The Authority shall be entitled, at its sole discretion, to waive the resetting of the
Target Service Levels under Clause 4.2.1 and Clause 4.2.3 above.
5
ESCALATION OF SERVICE-RELATED FAILURE
5.1
Responsibilities
5.1.1 The Contractor shall take all reasonable steps to ensure that all Service Level Metrics
remain at or above the Target Service Levels. Each Party shall use the escalation
procedure set out in this Clause 5 to try to resolve outstanding issues relating to
service performance and to raise awareness of any matters that have, or may have, a
material impact on the performance of the Services.
5.1.2 The Service Credit and Service Incentive Payment provisions of this Schedule shall
continue to apply throughout the operation of the escalation procedures set out in this
Clause 5.
5.2
Pro-Active Measures
5.2.1 Prior to any Recovery Plan being put in place in accordance with Clause 5.3 below,
the Contractor will take pro-active measures to prevent performance falling below the
Target Service Levels specified in Parts 2 and 3 of this Schedule (as applicable).
Such failure shall be known as a “Service Level Failure”.
5.2.2 Without prejudice to the Authority’s other rights and remedies, if a Service Level
Failure occurs where the Service Score for any Service Level Metric is below 95, the
Contractor shall:
(a)
report the occurrence to the Authority as soon as it has the information
indicating that such Service Level Failure may occur;
(b)
take corrective action and test to assure the Service Level Failure is resolved
by that corrective action;
(c)
take appropriate preventive measures so that such Service Level Failure does
not recur;
(d)
investigate and report on the causes of such Service Level Failure (including
an explanation of how and why the required pro-active measures failed to
prevent such Service Level Failure); and
(e)
advise the Authority, as and to the extent requested by Authority, of the status
of remedial efforts being undertaken with respect to such Service Level
Failure.
5.3
Escalation Procedure for Service Level Failures
5.3.1 General
(a)
Without prejudice to the general provisions set out in Clause 5.2 above and/or
the Parties entitlement to commence the Dispute Resolution Procedure set out
in Schedule P (Dispute Resolution Procedure) at any time, the escalation
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procedures set out in this Clause 5 are intended to enable the Parties to
manage effectively continued, or worsening Service Level Failures.
(b)
The Authority and the Contractor shall review the Monthly Service Reports
and Exception Reports provided to the Authority in accordance with Clause 7
below.
5.3.2 The following procedures shall be enacted if the Exception Reports identify any of
the following Service Level Failures:
(a)
if the Service Score for a Service Level Metric is below 80 for 1 Month or
below 90 for three (3) consecutive Months; or below 95 for six (6)
consecutive months or
(b)
if the Overall weighted average Score for the Services is below 90 for 1
Month or below 95 for any three (3) consecutive Months;
(c)
or if the Individual Score for a Bureaux falls below 90 for 1 Month or 95 for
three (3) consecutive Months, then:
(i)
the Contractor shall promptly contact the Authority and the Parties
shall review the need for a Recovery Plan. The scope and format of
all Recovery Plans shall be agreed by the Parties and documented by
the Contractor in the Policies and Procedures Manual. If the
Authority decides that a Recovery Plan is required, it shall be
submitted to the Authority within five (5) Working Days of such
decision. The plan shall specify the proposed activities and recovery
period to bring the Service Levels back to the Target Service Levels.
Such recovery period shall be limited to the minimum practical
period possible in the circumstances. Unless otherwise agreed by the
Authority, the maximum recovery period for a Recovery Plan shall
be three (3) Months;
(ii)
the Authority shall, within a reasonable time (having due regard to
the Contractor’s obligations in this Clause 5.3.2), review the
Recovery Plan (including the activities and the time-scales), and
decide whether the Contractor shall proceed in accordance with the
proposed Recovery Plan or submit a revised Recovery Plan for
approval;
(iii)
the Contractor shall implement the Recovery Plan approved under
Clause 5.3.2(c)(i) within the time-scales set out in the Recovery Plan;
(iv)
the status of implementation of the Recovery Plan shall reported by
the Contractor on a weekly basis (simple written report) and shall be
reviewed by the Parties as part of the regular (monthly) Program
Status Reviews; if on the expiry of the Recovery Plan, the relevant
Service Level Failure under review remains below the levels set out
in Clause 5.3.2(a), (b) and/or (c), then:
(A)
the process set out in this Clause 5.3.2 shall be repeated
(potentially, with modifications directed by the Authority), at
the Authority’s sole discretion; or
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(B)
the Authority may escalate resolution of the Service Level
Failure in accordance with Schedule P (Dispute Resolution
Procedure), at the Authority’s sole discretion.
5.3.3 Notwithstanding the provisions in Clauses 5.3.1 and 5.3.2 above, if any Service Level
falls below the Minimum Allowable Score for three (3) consecutive Months or more
and is not corrected via the recovery process in Clause 5.3.2, then it shall be deemed a
material Default and the Authority, at its sole discretion, shall be entitled to terminate
the Contract in accordance with Clause 43 of Schedule B (Conditions of Contract).
6
EXCEPTIONS
The Contractor shall not be responsible for a failure to meet any Service Level (and shall not be
required to pay any Service Credit to the Authority relating to such failure) to the extent that such
failure is attributable to a Force Majeure Event in accordance with Clause 47 of Schedule B
(Conditions of Contract).
7
REPORTS
7.1
Unless otherwise specified in this Schedule, each Service Level shall be measured on a
monthly basis and the Contractor shall provide a Monthly Service Level Report which
includes information on Service Levels, including an Exception Report. Exception Reports
must be provided where the Service Score for any Service Level Metric is below 95. The
exact format of monthly Service Level Reports and Exception Reports will be agreed by the
Parties and documented by the Contractor in the Policies and Procedures Manual.
7.2
The scope and format of the Exception Reports shall be agreed by the Parties and documented
by the Contractor in the Policies and Procedures Manual. Each Exception Report will include
a statement assessing the need for further remedial action to prevent a recurrence of the
Service Level Failure. The Exception Reports shall include the identification of trends for
individual Service Level Metric and/or any other affected Service Level Metrics and indicate
where any action has been taken by the Contractor
7.3
Where further remedial action is required to meet the relevant Target Service Levels, the
Contractor shall provide a Recovery Plan in accordance with Clause 5 above.
8
CALCULATION OF SERVICE PAYMENT ADJUSTMENT
8.1
Introduction
8.1.1 This section describes adjustment to the Service Charges associated with the IDENT1
SLR.
8.1.2 Adjustments are either Service Credits that reduce the Monthly Baseline Charges set
out in Schedule E (Pricing) or Service Incentive Payments that increase the Monthly
Baseline Charges.
8.1.3 Service payment adjustment is based on the quality of service delivered to the
individual IDENT1 sites. Quality of service is measured by Service Level Metrics
measuring the performance of a number of Service Level Criteria.
8.1.4 The maximum amount of Service Credit by which the Monthly Baseline Charge can
be adjusted is capped at 30% of the Monthly Baseline Charges even if the overall
Service Score falls below 70.
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8.1.5 The maximum amount of Service Incentive Payments by which the Monthly Baseline
Charges can be adjusted is capped at 10% of the Monthly Baseline Charges even if
the overall Service Score exceeds 110.
8.2
Service Score Calculation
8.2.1 Calculation of overall Service Score for IDENT1 Services and Livescan Services is
described in Part 2 and Part 3 of this schedule respectively. Service Score is
expressed as a number between 50 (the Minimum Allowable Score) and 120 (the
Maximum Allowable Score).
8.2.2 Service Scores greater than 100 represent Service Incentives. Service Credits below
100 represent Service Credits.
8.2.3 The Adjusted Monthly Baseline Charges are calculated by multiplying the Monthly
Baseline Charges by the Service Score expressed as a percentage, subject to the limits
described in Clauses 8.1.4 and 8.1.5 above. That is, a service score of 100 is
considered as 100% for this calculation.
8.2.4 Service Scores are presented and agreed on a monthly basis with the Authority.
8.3
Monthly Baseline Charges - Payment
The mechanisms around payment are detailed in Schedule E (Pricing).
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SCHEDULE F
SERVICE LEVEL REQUIREMENTS
Schedule F, Service Level Requirements
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SCHEDULE F
SERVICE LEVEL REQUIREMENTS
1
STRUCTURE OF SCHEDULE F
1.1
This Schedule is divided into three parts:
1.1.1 Schedule F, Part 1 – Service Level Terms. This part sets out certain terms and
conditions that apply specifically to the Service Levels described in this Schedule.
1.1.2 Schedule F, Part 2 – Operational Service Levels. This part defines the operational
Service Levels for finger and palm Services under IDENT1 that the Contractor is
required to meet from TOR to the end of the Term (as such Service Levels are
amended from time to time in accordance with the Contract).
1.1.3 Schedule F, Part 3 – Livescan Service Levels. This part defines the Service Levels
for Livescan that the Contractor is required to meet from TOR to the end of the Term,
as such Service Levels are amended from time to time in accordance with the
Contract.
1.2
The Parties may add new parts to this Schedule to incorporate Services Levels for New
Services which are agreed through Schedule L (Change Control Procedure) which do not
fall within Parts 2 and 3 of this Schedule.
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SCHEDULE F, PART 1
SERVICE LEVELS TERMS CONTENTS
Schedule F, Service Level Requirements
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CONTENTS
1
DEFINITIONS ..............................................................................................................................3
2
SERVICE LEVELS - INTRODUCTION ...................................................................................3
3
CHANGES .....................................................................................................................................4
4
CONTINUOUS IMPROVEMENT..............................................................................................7
5
ESCALATION OF SERVICE-RELATED FAILURE..............................................................8
6
EXCEPTIONS.............................................................................................................................10
7
REPORTS ....................................................................................................................................10
8
CALCULATION OF SERVICE PAYMENT ADJUSTMENT ..............................................10
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1
DEFINITIONS
All capitalised terms in this Schedule shall have the meaning set out in Schedule C (Definitions).
2
SERVICE LEVELS - INTRODUCTION
2.1
General
2.1.1 This Schedule identifies the Service Levels that are the key performance indicators in
assuring service delivery for the overall Service. The Contractor is obligated to meet
or exceed the Service Levels identified in this Schedule. This Schedule describes the:
(i) consequences if the relevant Service Levels are not met by the Contractor as
specified in this Schedule, including the Service Credits to which the Authority shall
be entitled, at its sole discretion, if the Contractor fails to meet such Service Levels;
and (ii) Service Incentive Payments the Contractor will receive from the Authority if
the Contractor exceeds the Service Levels as specified in this Schedule.
2.1.2 The Contractor shall perform the Services in accordance with Clause 10.1 of
Schedule B (Conditions of Contract).
2.1.3 Unless otherwise specified in the Contract, the Service Levels shall be measured on a
monthly basis, and they will form the basis upon which the Contractor will be
remunerated as set out in Schedule E (Pricing).
2.1.4 As part of the Contractor’s overall responsibilities under the Contract, the Parties
acknowledge that the day-to-day management of Service Level performance shall be
carried out by the Contractor’s service management personnel. The Contractor’s
service management personnel shall provide the Service Level reports to the
Authority in accordance with this Schedule.
2.1.5 Unless otherwise set out in this Schedule, any changes to the Service Levels shall be
subject to the Change Control Procedure.
2.1.6 During the Term, the Contractor shall have a service level regime in place with its
Subcontractors so that the Contractor is able to achieve the Service Levels set out in
this Schedule. The Parties may agree, in accordance with Schedule L (Change
Control Schedule), that the Contractor will manage certain third parties, as requested
and identified by the Authority after the Effective Date, and if so requested by the
Authority, the Parties shall work together to identify and agree any service levels
required in relation to the management of such third parties.
2.1.7 Unless otherwise specified, throughout this Schedule and the Contract (as applicable),
references to “Schedule F” shall be taken to mean Schedule F, Part 1; Schedule F,
Part 2; and Schedule F, Part 3 (as applicable) or all of them together, as appropriate.
2.1.8 In the event of a conflict between Part 1 of this Schedule and Part 2 and/or Part 3 (as
applicable), the provisions of Part 1 shall apply.
2.1.9 Part 2 and 3 (and any additional Parts as applicable) shall be reviewed between the
Authority and the Contractor, at least annually, to validate the applicability of the
content and to identify and implement any agreed changes that would benefit the
overall Service.
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2.2
Measuring the Service Levels - Overview
2.2.1 The description of the IDENT1 Service Level regime set out in this Clause 2.2 is a
summary of the more detailed Service Level regime set out in Parts 2 and 3 of this
Schedule. This Schedule identifies how the Contractor’s performance of the Services
identified in this Schedule shall be measured. Such Services are divided into
categories of Service – these are: system category, business category, and user
category (“Service Category”).
2.2.2 Parts 2 and 3 of this Schedule identify the Service Level Criteria, for example,
availability, accuracy, throughput, etc (i.e. the Service Level Criteria) and service
measurement metrics (i.e. the Service Level Metrics) that shall be used to calculate
the Contractor’s performance under each of the Service Categories.
2.2.3 Parts 2 and 3 of this Schedule contain various scoring tables (“Scoring Tables”) and
formulas that identify the relevant Target Service Levels (and corresponding Target
Service Score) the Contractor is required to meet, and a sliding scale (upwards and
downwards) of performance which is measured and mapped to the relevant Service
Score in the Scoring Tables. In addition to identifying the Target Service Score, such
sliding scale also identifies the Maximum Allowable Score and the Minimum
Allowable Score in respect of such performance.
2.2.4 Once a performance value has been computed to reflect the Contractor’s actual
performance in relation to the relevant Target Service Level, a corresponding Service
Score for such performance (“Individual Score”) will be selected from the relevant
Scoring Table.
2.2.5 On a monthly basis, the Service Scores shall be accumulated in accordance with the
mechanisms set out in this Schedule for calculating the overall score for the relevant
Service (“Overall Score”). The Service Credits and Service Incentive Payments
shall be calculated in accordance with Schedule E (Pricing) and shall be based on the
Overall Score achieved by the Contractor for the relevant Month. This Schedule also
sets out the Weightings that are to be applied in order to calculate the Overall Score.
2.2.6 The reporting mechanisms and procedures used for monitoring and managing the
Service Levels are set out in this Schedule.
3
CHANGES
Service Level Metrics may be added, deleted or modified through Schedule L (Change Control
Procedure). It is recognised that there are circumstances where a more expeditious means of making
changes is needed, and those changes may be made in accordance with the provisions of this Clause 3.
Such addition, deletion or modification of Service Level Metrics shall apply from the date determined
by Clauses 3.1, 3.2, 3.3 or 3.4 below and the Contractor shall meet or exceed such amended Service
Levels from that date. The Authority shall be entitled to reassign the Weightings as a part of the
process for such addition, deletion or modification to reflect such added, deleted or modified Service
Level Metrics and the Contractor shall not unreasonably (taking account of the proportionality of the
reassignment with respect to the overall Service Levels) withhold its consent to such reassignment of
the Weightings.
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3.1
Additions
3.1.1 New Services – Adding Metrics for New Services
New Services and any corresponding new service levels (including any new service
level criteria and/or new service level metrics) required for such New Services shall
be agreed by the Parties in accordance with Schedule L (Change Control
Procedure).
3.1.2 Current Services – Adding Metrics for Existing Services
(a)
At any time during the Term, Service Level Metrics (as applicable) may be
added to this Schedule without any change to the Service Charges in
accordance with this Clause 3.1.2 if the Authority is able to identify to the
Contractor that the existing Service Level Criteria or Service Level Metrics
do not sufficiently (or at all) represent or cover the performance of the then
current Service or other requirement of the Contract. The addition of such
new Service Level Metrics will be initiated by the Authority sending a
written request to the Contractor at least thirty (30) days prior to the date that
the Authority requires such additional Service Level Criteria or Service Level
Metrics (as applicable) to be effective. The Contractor shall not unreasonably
(taking account of the proportionality of the Authority’s request with respect
to the Service Level Metric and its Weighting within the overall Service
Levels) withhold its consent to the introduction of such new Service Level
Metrics. Such new Service Level Metrics shall be established in accordance
with the following, as appropriate:
(i)
based on an Authority Requirement set out in Schedule D (Detailed
Operational Requirements) and/or any obligation under the
Contract, the Authority shall be entitled to identify a Target Service
Level for the new Service Level Metric; or
(ii)
in the event a new target service level cannot be established in
accordance with Clause 3.1.2(a) (i) above, the Parties shall agree the
new service level based on:
(A)
using data from a comparable Service Level for an existing
element of the Services Requirements; or
(B)
by the Contractor monitoring and testing the proposed new
service level for a period of six (6) Months (unless a different
period is agreed by the Parties).
(b)
Without prejudice to the Parties’ rights under the Contract, if the Parties fail
to agree to the addition of a new service level pursuant to Clause 3.1.2(a)
(including, for the avoidance of doubt, agreement pursuant to Clause
3.1.2(a)(ii)(B).) above prior to the date that the Authority requires such
Service Level to be effective, the Contractor shall continue to perform the
relevant Service and such failure to agree shall be escalated in accordance
with the escalation process set out in Clause 5 below.
3.1.3 Adding Service Level Metrics based on the Shadow Metrics
(a)
The Shadow Metrics are set out in Parts 2 and 3 of this Schedule along with
the procedures for monitoring and testing such Shadow Metrics. Either Party
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may propose to add other Shadow Metrics to this Schedule at any time after
the Effective Date by writing to the other Party and detailing how such
proposed Shadow Metrics shall be monitored and tested. The other Party
shall respond to such proposals, and thereafter, the Parties shall work together
to agree the relevant Shadow Metrics and their monitoring and testing. If the
Parties cannot agree on the Shadow Metrics and their monitoring and testing,
such disagreement shall be settled in accordance with Schedule P (Dispute
Resolution Procedure).
(b)
Unless otherwise agreed by the Parties, the Measurement Window for the
Shadow Metrics shall be six (6) Months, as amended from time to time in
accordance with Clause 3.1.3(d) below. The Shadow Metrics detailed in
Parts 2 and 3 at the Effective Date shall be monitored and tested by the
Contractor for the Measurement Window which shall commence on the
Effective Date.
(c)
Any Shadow Metrics added to this Schedule after the Effective Date shall be
monitored and tested by the Contractor for a Measurement Window which
shall commence on the date agreed by the Parties.
(d)
At the end of, or at any time during, the Measurement Window(s) for the
relevant Shadow Metrics, the Parties may agree to extend or reduce the
period of the Measurement Window.
(e)
At the end of the Measurement Window for the Shadow Metrics, the
resulting data will be reviewed by the Parties to determine if the relevant
Shadow Metric shall be implemented as a part of the Service Level regime
and the basis for its measurement and scoring, subject to the agreement of the
Parties. Such implementation of Service Level Metrics as Service Levels in
accordance with this Clause 3.1.3 shall be made without any change to the
Service Charges.
3.2
Deletions
At any time during the Term, the Authority may request the deletion of Service Level
Metrics (acting reasonably and for good business reasons) where it is able to identify to the
Contractor that the Service Level Metrics do not sufficiently represent or cover the
performance of the then current Service or other requirements of the Contract by sending
written notice to the Contractor at least thirty (30) days prior to the date that the Authority
requests such deletions to the Service Level Metrics to be effective and the Contractor shall
not unreasonably (taking account of the proportionality of the Authority’s request with respect
to the Service Level Metrics to be deleted and to the overall Service Levels) withhold its
consent to the deletion of such Service Levels. Such deletions shall be made without any
change to the Service Charges. This Schedule shall be updated to reflect the deletion of any
Service Level Metrics.
3.3
Modifications
At any time during the Term, the Authority may amend the Service Level Metrics (acting
reasonably and for good business reasons) where it is able to identify to the Contractor that
the Service Level Metrics do not sufficiently represent or cover the performance of the then
current Service or other requirements of the Contract by sending written notice to the
Contractor at least thirty (30) days prior to the date that the Authority requires such amended
Service Levels to be effective and the Contractor shall not unreasonably (taking account of
the proportionality of the Authority’s request with respect to the Service Level Metrics to be
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amended and to the overall Service Levels) withhold its consent to such amendment of the
Service Level Metrics. If such amendment affects the Service Charges, the Parties shall agree
such change to the Service Charges (if any) in accordance with Schedule L (Change Control
Procedure). This Schedule shall be updated to reflect the modification of any Service Level
Metrics.
3.4
Weightings
At any time during the Term, the Authority may make changes to the Weightings for any
Service Level Metric (acting reasonably and for good business reasons) where it is able to
identify to the Contractor that the existing Weightings do not sufficiently represent or cover
the performance of the then current Service or other requirements of the Contract, by sending
written notice to the Contractor at least thirty (30) days prior to the date the Authority requires
such Weightings to be effective, and the Contractor shall not unreasonably (taking account of
the proportionality of the Authority’s request with respect to the Weightings to the overall
Service Levels) withhold its consent to such changes to the Weightings. This Schedule shall
be updated to reflect any change to the Weightings and such changes shall not affect the
Service Charges.
4
CONTINUOUS IMPROVEMENT
4.1
General
The Parties agree to the principle of continuous improvement of service performance and that
the Service Levels should be modified during the Term to reflect this. Unless otherwise
agreed by the Parties, the Service Levels will be modified each year upon the anniversary of
TOR as described in this Clause 4. The modifications as described in this Clause 4 are in
addition to any stepped changes in Target Service Levels which are identified in the relevant
parts of this Schedule.
4.2
Continuous Improvement
4.2.1 Subject to Clauses 4.2.2, 4.2.3, and 4.2.4, below, each established Target Service
Level shall be reset upwards by 20% of the difference between the mean actual
performance measure of the relevant Service Metric over the preceding twelve (12)
months and its corresponding Target Service Level, unless the Contractor can
demonstrate that such actual performance is not sustainable due to particular
circumstances during the previous or next twelve (12) Months. If the Target Service
Level is reset in accordance with this Clause 4.2.1, the levels of performance above or
below such Target Service Level shall be reset by the same percentage as the Target
Service Level. Service Levels cannot be decreased without the express written
consent of the Authority.
4.2.2 In the event that there are any stepped changes to a Target Service Level during the
Term (provided such stepped changes are identified in the relevant parts of this
Schedule), the Parties will reset the twelve (12) Months measurement period
(described in Clause 4.2.1 above) for that Target Service Level so that the first Month
of measurement begins from the date the stepped change occurred.
4.2.3 For any Service Levels which are not measured on a sliding scale basis (for example,
a Service Level of “no more than two (2) failures in any measurement period”) where
the mean actual performance in the preceding calendar year was above the Service
Level, the Parties will agree a mechanism for continuous improvement which:
(a)
reflects a similar intention; and
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(b)
provides for a reasonable Service Level increase,
in terms similar to the regime detailed in Clauses 4.2.1 to 4.2.2 above.
4.2.4 The Authority shall be entitled, at its sole discretion, to waive the resetting of the
Target Service Levels under Clause 4.2.1 and Clause 4.2.3 above.
5
ESCALATION OF SERVICE-RELATED FAILURE
5.1
Responsibilities
5.1.1 The Contractor shall take all reasonable steps to ensure that all Service Level Metrics
remain at or above the Target Service Levels. Each Party shall use the escalation
procedure set out in this Clause 5 to try to resolve outstanding issues relating to
service performance and to raise awareness of any matters that have, or may have, a
material impact on the performance of the Services.
5.1.2 The Service Credit and Service Incentive Payment provisions of this Schedule shall
continue to apply throughout the operation of the escalation procedures set out in this
Clause 5.
5.2
Pro-Active Measures
5.2.1 Prior to any Recovery Plan being put in place in accordance with Clause 5.3 below,
the Contractor will take pro-active measures to prevent performance falling below the
Target Service Levels specified in Parts 2 and 3 of this Schedule (as applicable).
Such failure shall be known as a “Service Level Failure”.
5.2.2 Without prejudice to the Authority’s other rights and remedies, if a Service Level
Failure occurs where the Service Score for any Service Level Metric is below 95, the
Contractor shall:
(a)
report the occurrence to the Authority as soon as it has the information
indicating that such Service Level Failure may occur;
(b)
take corrective action and test to assure the Service Level Failure is resolved
by that corrective action;
(c)
take appropriate preventive measures so that such Service Level Failure does
not recur;
(d)
investigate and report on the causes of such Service Level Failure (including
an explanation of how and why the required pro-active measures failed to
prevent such Service Level Failure); and
(e)
advise the Authority, as and to the extent requested by Authority, of the status
of remedial efforts being undertaken with respect to such Service Level
Failure.
5.3
Escalation Procedure for Service Level Failures
5.3.1 General
(a)
Without prejudice to the general provisions set out in Clause 5.2 above and/or
the Parties entitlement to commence the Dispute Resolution Procedure set out
in Schedule P (Dispute Resolution Procedure) at any time, the escalation
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procedures set out in this Clause 5 are intended to enable the Parties to
manage effectively continued, or worsening Service Level Failures.
(b)
The Authority and the Contractor shall review the Monthly Service Reports
and Exception Reports provided to the Authority in accordance with Clause 7
below.
5.3.2 The following procedures shall be enacted if the Exception Reports identify any of
the following Service Level Failures:
(a)
if the Service Score for a Service Level Metric is below 80 for 1 Month or
below 90 for three (3) consecutive Months; or below 95 for six (6)
consecutive months or
(b)
if the Overall weighted average Score for the Services is below 90 for 1
Month or below 95 for any three (3) consecutive Months;
(c)
or if the Individual Score for a Bureaux falls below 90 for 1 Month or 95 for
three (3) consecutive Months, then:
(i)
the Contractor shall promptly contact the Authority and the Parties
shall review the need for a Recovery Plan. The scope and format of
all Recovery Plans shall be agreed by the Parties and documented by
the Contractor in the Policies and Procedures Manual. If the
Authority decides that a Recovery Plan is required, it shall be
submitted to the Authority within five (5) Working Days of such
decision. The plan shall specify the proposed activities and recovery
period to bring the Service Levels back to the Target Service Levels.
Such recovery period shall be limited to the minimum practical
period possible in the circumstances. Unless otherwise agreed by the
Authority, the maximum recovery period for a Recovery Plan shall
be three (3) Months;
(ii)
the Authority shall, within a reasonable time (having due regard to
the Contractor’s obligations in this Clause 5.3.2), review the
Recovery Plan (including the activities and the time-scales), and
decide whether the Contractor shall proceed in accordance with the
proposed Recovery Plan or submit a revised Recovery Plan for
approval;
(iii)
the Contractor shall implement the Recovery Plan approved under
Clause 5.3.2(c)(i) within the time-scales set out in the Recovery Plan;
(iv)
the status of implementation of the Recovery Plan shall reported by
the Contractor on a weekly basis (simple written report) and shall be
reviewed by the Parties as part of the regular (monthly) Program
Status Reviews; if on the expiry of the Recovery Plan, the relevant
Service Level Failure under review remains below the levels set out
in Clause 5.3.2(a), (b) and/or (c), then:
(A)
the process set out in this Clause 5.3.2 shall be repeated
(potentially, with modifications directed by the Authority), at
the Authority’s sole discretion; or
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(B)
the Authority may escalate resolution of the Service Level
Failure in accordance with Schedule P (Dispute Resolution
Procedure), at the Authority’s sole discretion.
5.3.3 Notwithstanding the provisions in Clauses 5.3.1 and 5.3.2 above, if any Service Level
falls below the Minimum Allowable Score for three (3) consecutive Months or more
and is not corrected via the recovery process in Clause 5.3.2, then it shall be deemed a
material Default and the Authority, at its sole discretion, shall be entitled to terminate
the Contract in accordance with Clause 43 of Schedule B (Conditions of Contract).
6
EXCEPTIONS
The Contractor shall not be responsible for a failure to meet any Service Level (and shall not be
required to pay any Service Credit to the Authority relating to such failure) to the extent that such
failure is attributable to a Force Majeure Event in accordance with Clause 47 of Schedule B
(Conditions of Contract).
7
REPORTS
7.1
Unless otherwise specified in this Schedule, each Service Level shall be measured on a
monthly basis and the Contractor shall provide a Monthly Service Level Report which
includes information on Service Levels, including an Exception Report. Exception Reports
must be provided where the Service Score for any Service Level Metric is below 95. The
exact format of monthly Service Level Reports and Exception Reports will be agreed by the
Parties and documented by the Contractor in the Policies and Procedures Manual.
7.2
The scope and format of the Exception Reports shall be agreed by the Parties and documented
by the Contractor in the Policies and Procedures Manual. Each Exception Report will include
a statement assessing the need for further remedial action to prevent a recurrence of the
Service Level Failure. The Exception Reports shall include the identification of trends for
individual Service Level Metric and/or any other affected Service Level Metrics and indicate
where any action has been taken by the Contractor
7.3
Where further remedial action is required to meet the relevant Target Service Levels, the
Contractor shall provide a Recovery Plan in accordance with Clause 5 above.
8
CALCULATION OF SERVICE PAYMENT ADJUSTMENT
8.1
Introduction
8.1.1 This section describes adjustment to the Service Charges associated with the IDENT1
SLR.
8.1.2 Adjustments are either Service Credits that reduce the Monthly Baseline Charges set
out in Schedule E (Pricing) or Service Incentive Payments that increase the Monthly
Baseline Charges.
8.1.3 Service payment adjustment is based on the quality of service delivered to the
individual IDENT1 sites. Quality of service is measured by Service Level Metrics
measuring the performance of a number of Service Level Criteria.
8.1.4 The maximum amount of Service Credit by which the Monthly Baseline Charge can
be adjusted is capped at 30% of the Monthly Baseline Charges even if the overall
Service Score falls below 70.
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8.1.5 The maximum amount of Service Incentive Payments by which the Monthly Baseline
Charges can be adjusted is capped at 10% of the Monthly Baseline Charges even if
the overall Service Score exceeds 110.
8.2
Service Score Calculation
8.2.1 Calculation of overall Service Score for IDENT1 Services and Livescan Services is
described in Part 2 and Part 3 of this schedule respectively. Service Score is
expressed as a number between 50 (the Minimum Allowable Score) and 120 (the
Maximum Allowable Score).
8.2.2 Service Scores greater than 100 represent Service Incentives. Service Credits below
100 represent Service Credits.
8.2.3 The Adjusted Monthly Baseline Charges are calculated by multiplying the Monthly
Baseline Charges by the Service Score expressed as a percentage, subject to the limits
described in Clauses 8.1.4 and 8.1.5 above. That is, a service score of 100 is
considered as 100% for this calculation.
8.2.4 Service Scores are presented and agreed on a monthly basis with the Authority.
8.3
Monthly Baseline Charges - Payment
The mechanisms around payment are detailed in Schedule E (Pricing).
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