6  Update of Catalogue

6.1  From the Contract Date the Catalogue shall be that set out in Appendix 1 to this Change Protocol and, subject to paragraph 6.2, the rates set out therein shall be indexed on each anniversary of the Contract Date.

6.2  On the [third] anniversary of the Contract Date and each third year thereafter, the parties shall review the Catalogue with the intention of:

(a)  including in the Catalogue unit prices for any Low Value Change or any Change which does not affect the risk profile of the Project which the parties anticipate could occur during the life of the Project;

(b)  including time periods for the installation of any Apparatus, the carrying out of any works or implementation of any Change for the matters referred to in paragraph 6.2(a);

(c)  reviewing the unit pricing for each item of Apparatus, the works and services specified in the Catalogue to ensure that unit rates continue to provide value for money with reference to prices prevailing for similar items in the market at the time;

(d)  reviewing the rates for any administrative services required to process a Change;

(e)  reviewing any labour rates included in the Catalogue;

(f)  taking account of any Low Value Changes which took place in the preceding Payment Year and which may occur again and should properly be included in the Catalogue.

6.3  No later than [February] of each relevant Payment Year, the Service Provider shall submit to the Authority any amendments to the Catalogue as required by the Authority or agreed by the parties pursuant to paragraph 6.2 together with evidence that the unit pricing set out in the Catalogue (or proposed as an amendment to the Catalogue) offers the Authority value for money;

6.4  The parties shall meet and endeavour, in good faith, to agree any amendments to the Catalogue.  Any dispute shall be referred to the Dispute Resolution Procedure and any price determined as providing good value for money with reference to prices prevailing for similar items in the market at the time of determination shall be included in the Catalogue.  

6.5  No later than [March] of each relevant Payment Year, the Service Provider shall issue to the Authority an updated Catalogue which shall set out the agreed or determined amendments and shall constitute the Catalogue for the purposes of this Contract.