8.6.1 The Contract must specify precisely when unavailability starts so that any permitted rectification period can be measured by both parties. Both parties should therefore be notified as soon as practicable when unavailability is discovered. Possible triggers which should be considered are:
• when the Contractor (e.g. the "Help Desk" provided by the Contractor) receives a notice of unavailability from the Authority. This may take the form of a simple telephone call, an e-mail that is activated when opened by the Help Desk149 or a paper based pro-forma sent to the Help Desk. The key issue is that there must be formal recognition and recording of receipt of the notice so that the time taken for rectification can be measured; and
• when monitoring indicates that the availability criteria are not being met. The Contractor will need to verify the reported unavailability if it has not carried out the relevant monitoring.
8.6.2 If the Authority detects the unavailability but is unable to notify the Contractor because, for example, there is a failure in access to the Help Desk150 then unavailability commences from the time when the failure is detected. If, however, the Authority fails to notify until later because of other duties (e.g. a teacher in a classroom), then unavailability and any applicable rectification period should not commence until the Contractor has been notified.
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149 To the extent such an e-mail is not opened within a certain time frame this will be dealt with through performance points and/or deductions.
150 Failure to provide a Help Desk Facility may give rise to deductions being made and performance points being awarded under the performance regime.