27  Market Testing114

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114 The parties need to consider what happens if Market Testing fails. Benchmarking is unlikely to be proposed as an alternative as it is not a good value for money option. The parties are advised to consult with their lawyers on this issue. In circumstances where a market test fails due to a failure to attract competition or otherwise carry out a bona fide market test exercise, one interpretation is that the Contract continues on the existing conditions and at the existing price ie market testing is a private sector risk.