27.2  Market Testing Procedure

Where this Agreement requires Market Testing, at least [40] weeks119 before each Market Testing Review Date, the parties shall meet together as often as may be necessary in respect of all Market Tested Services to be market tested on that date:

(a)  to consider any changes required to the relevant services;

(b)  to discuss and seek to agree the appropriate manner of advertising the services required and the means of identifying prospective tenderers;120

(c)  to discuss and seek to agree the tender requirements which must include:

(i)  a statement of the tender validity period;

(ii)  details of the tender evaluation criteria;121

(iii)  the terms and conditions under which the services will be contracted;

(iv)  information relating to employees and their conditions of employment;122

(v)  the information that tenderers are required to provide; and

(vi)  how many tenders are required for the market testing to be valid.

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119 Precise timing to be confirmed.

120 This may include an OJEU notice.

121 These must be objective criteria.

122 This will deal with any exclusion required (such as retirement benefits and occupational pensions).  Applicable TUPE regulations must be complied with.