4.3  Duration of a Service Performance Deduction

♦  The Contractor shall notify the Helpdesk when Temporary Rectification or Permanent Rectification of the Service Performance Shortfall has occurred. Once the Helpdesk receives this notification, it shall constitute the Logged Rectification Time. This shall provide the end time for calculating the Service Performance Deduction.

♦  Where a Rectification Period is allowed

•  If a Service Performance Shortfall notified to the Helpdesk in accordance with paragraph 4.2.1, paragraph 4.2.4 or paragraph 4.2.6 has been made safe and temporarily (or permanently) remedied within the Temporary Rectification Period and permanently remedied within the Permanent Rectification Period (where applicable and as set out in the Services Specification), then it will be deemed that no Service Performance Shortfall occurred on that occasion for the purpose of calculating Service Failure Deductions.

•  If the Service Performance Shortfall notified to the Helpdesk in accordance with paragraph 4.2.1, paragraph 4.2.4 or paragraph 4.2.6 has been made safe and temporarily remedied within the Temporary Rectification Period but has not been permanently remedied within the Permanent Rectification Period, then it will be deemed that the Service Performance Shortfall occurred from the end of the Temporary Rectification Period. A Service Performance Deduction shall be made in respect of the period from the expiry of the Temporary Rectification Period up to the Logged Rectification Time.

•  If the Service Performance Shortfall notified to the Helpdesk in accordance with paragraph 4.2.1, paragraph 4.2.4 or paragraph 4.2.6 has not been made safe and either permanently or temporarily remedied within the Temporary Rectification Period but has been permanently remedied within the Permanent Rectification Period, then it will be deemed that the relevant Service Performance Shortfall shall have subsisted from the Logged Failure Time. A Service Performance Deduction shall be made from the Logged Failure Time up to the Logged Rectification Time.  For the avoidance of doubt the Permanent Rectification Period shall commence at the Logged Failure Time and not on expiry of the Temporary Rectification Period; or

•  If the Service Performance Shortfall notified to the Helpdesk in accordance with paragraph 4.2.1, paragraph 4.2.4 or paragraph 4.2.6 has not been made safe and temporarily remedied by the end of the Temporary Rectification Period and has not been permanently remedied by the end of the Permanent Rectification Period, then it will be deemed that the Service Performance Shortfall shall have subsisted from the Logged Failure Time. A Service Performance Deduction shall be made from the Logged Failure Time up to the Logged Rectification Time. For the avoidance of doubt the Permanent Rectification Period shall commence at the Logged Failure Time and not on expiry of the Temporary Rectification Period; or

•  Where the Contractor has reasonably demonstrated that its attempts to remedy the relevant Service Performance Shortfall are frustrated by the Authority failing to grant the Contractor access to an Area where the Contractor reasonably needs access to that Area to remedy the relevant Service Performance Shortfall for at least two (2) hours in aggregate this will be classed as an exception to deduction until that point where access is made available when the original rectification notice will apply.  ;

•  Where the Contractor reasonably needs access to an Area to remedy the relevant Service Performance Shortfall, the Authority shall not withhold unreasonably such access, subject to the need for the Authority to deliver [Fire and Rescue] [Police] Services at the Accommodations.

♦  Where no rectification is allowed as set out in the Services Specification, the Service Performance Deduction will be awarded against the Contractor for each instance of the Service Performance Shortfall. This shall be carried out based on whether the test of an individual Key Performance Indicator has either been passed or failed.

♦  The Contractor will not be able to recover Performance Deduction Points once awarded. Performance Deduction Points will not be carried forward from one month to the next.