8.7.1 The Contract should usually provide for a rectification period within which the Contractor has the opportunity to rectify the problem without triggering the start of a period of unavailability. How long the rectification period should be (e.g. one hour or twelve hours) will depend on the criticality of the area or function and the nature of the Project.151 A failure to meet certain availability criteria may not be capable of rectification. For example, a rectification period may be appropriate in the case of a requirement for constant light in a room where the light fuses can be quickly repaired, but is not appropriate in the case of a requirement for meals to be served regularly three times daily and only two meals have been served. In the event that the Contractor is able to supply the Service by other means (e.g. alternative office space or hotel accommodation) and where the Contract recognises this option, availability payments should continue in full (although deductions to reflect standards of performance of the Service may be made and the effects of any disruption should be dealt with).
8.7.2 If the Contractor rectifies the failure(s) within the relevant rectification period, the Service should be deemed to have been available throughout that period (i.e. from the commencement of unavailability determined in accordance with Section 8.6) and no availability deductions should be made.
8.7.3 If the Contractor fails to rectify the failure(s) within the relevant rectification period, the Service should be deemed to have been unavailable throughout that period and availability deductions should be made. Any performance points accrued during that period in respect of the relevant failure should be discounted to the extent the availability deduction represents the full agreed financial consequence of that failure to avoid double counting for the same failure.
8.7.4 As well as any rectification period(s), the payment mechanism will need to make clear what deduction an instance of unavailability for a given length of time will give rise to. Longer periods of unavailability may give rise to higher deductions than shorter ones.
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151 The Authority should consider carefully any requirement for rectification periods, taking into account tolerances already built into the Service levels and considering separately those events which lead to immediate unavailability and those which do not, but which provide an opportunity for rectification prior to failing to meet the availability criteria. When assessing whether or not to grant rectification periods to the Contractor, the Authority should ensure that the Contractor will continue to be incentivised to carry out maintenance during the planned maintenance periods and not as and when the Service becomes unavailable.