Re-tendering (Clause 1.9)

2.50  Under Clause 1.9 the Contractor must (and ensure that its Sub-Contractor) in the 12 months preceding the expiry of the Agreement, following a notice to terminate the Agreement or once the Authority has informed the Contractor of its intention to re-tender the Agreement, provide at no cost up to date and accurate information concerning the employees engaged in providing the Services who would return to the Authority on such expiry or termination. The Contractor and Sub-Contractor is not permitted to materially increase/decrease the number of such employees, change their terms and conditions or preclude any such employees transferring to another part of its business to provide the Services (when they have not previously been so engaged) without the Authority's prior written approval.

2.51  Clause 1.9.2 contains an indemnity from the outgoing Contractor (transferor) to the Authority and/or the new contractor (i.e. transferee) in respect of claims arising from the failure of the Contractor or Sub-Contractor to promptly provide the Authority with materially accurate or full retendering information.

2.52  Clause 1.9.3, like Clause 1.4.3, has been inserted to deal with Regulation 11 of TUPE.