29.15  Retendering

(a)  The Contractor shall (and shall procure that any sub-contractor shall) within the period of twelve (12) months immediately preceding the expiry of this Agreement or following the service of a notice under clauses 40 to 44 or as a consequence of the Authority notifying the Contractor of its intention to retender this Agreement:

(i)  on receiving a request from the Authority provide in respect of any person engaged or employed by the Contractor or any sub-contractor in the provision of the Services (the Assigned Employees)  full and accurate details regarding the identity, number, age, sex, length of service, job title, grade and terms and conditions of employment of and other matters144 affecting each of those Assigned Employees who it is expected, if they remain in the employment of the Contractor or of any sub-contractor as the case may be until immediately before the Termination Date, would be Returning Employees (the Retendering Information);

(ii)  provide the Retendering Information promptly and at no cost to the Authority;

(iii)  notify the Authority forthwith in writing of any material changes to the Retendering Information promptly as and when such changes arise;

(iv)  be precluded from making any material increase or decrease in the numbers of Assigned Employees;

(v)  be precluded from making any increase in the remuneration or other change in the terms and conditions of the Assigned Employees other than in the ordinary course of business and with the Authority's prior written consent; and

(vi)  be precluded from transferring any of the Assigned Employees to another part of its business or moving other employees from elsewhere in its or their business who have not previously been employed or engaged in providing the Services to provide the Services save with the Authority's prior written consent.

(b)  Without prejudice to clauses 29.15.1 and 29.15.3 (Retendering) the Contractor shall provide and shall procure that any sub-contractor shall provide the Employee Liability Information to the Authority at such time or times as are required by TUPE, and shall warrant at the time of providing such Employee Liability Information that such information will be updated to take account of any changes to such information as is required by TUPE.

(c)  The Contractor shall indemnify and shall keep indemnified in full the Authority and at the Authority's request any Future Contractor against all Direct Losses arising from any claim by any party as a result of the Contractor or sub-contractor failing to provide or promptly to provide the Authority and/or any Future Contractor where requested by the Authority with any Retendering Information and/or Employee Liability Information or to provide full Retendering Information and/or Employee Liability Information or as a result of any material inaccuracy in or omission from the Retendering Information and/or Employee Liability Information provided that this indemnity shall not apply in respect of the Retendering Information to the extent that such information was originally provided to the Contractor by the Authority and was materially inaccurate or incomplete when originally provided.

(d)  [The provisions of this clause 29.15 (Retendering) shall not apply to the market testing exercise which shall be governed by clause 27 (Market Testing).145]

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144  The list would normally show:

Staff ref no
DoB
Age
Job Title
Start Date
Continuous Service Date - length of reckonable service
Contracted hours
Sex (M/F)
Site[s]
Department
NI letter (A or D)
Scale and point
Salary
Superannuation (including type of scheme, contribution rates, length of reckonable pensionable service etc)
Allowance/deduction code.
N.B. This is not necessarily an exhaustive list.  

145  The inclusion of this wording should be considered on a project specific basis.  The wording is usually included where the market testing procedures include provisions on the assumptions to be made about TUPE transfers as part of the market testing procedure.