38.3 Best Value Reviews and Comprehensive Performance Assessment163
(a) On or before each Best Value Review Date the Authority may instigate a Best Value Review in relation to the Services (or any individual service for which the Authority is obliged to carry out a Best Value Review) and thereafter the following provisions of this clause 38.3 (Best Value Reviews) shall apply.
(b) The parties agree that any such Best Value Review shall be carried out in accordance with the applicable Legislation.
(c) The Authority shall carry out the Best Value Review at its own cost.
(d) In carrying out the Best Value Review, the Authority may take into account the results of any:
(i) surveys undertaken through Quest; and/or
(ii) Annual Service Reports,
and shall consult with the Contractor on any proposals to change the Services (or any part) to enable the Authority to comply with its Best Value Duty.
(e) If in the Authority's reasonable opinion the results of the Best Value Review or Comprehensive Performance Assessment disclose that the provision, performance or delivery of the Services (or any part) may be more efficient, effective or economic having regard to the Best Value Duty, then the Authority may serve a Best Value Service Change Notice on the Contractor stating the nature and timing of the changes to the provision, performance or delivery of the Services (or the relevant part) which the Authority desires.
(f) The Contractor shall, within twenty (20) Business Days of the date of receipt of a Best Value Service Change Notice, at its own cost provide the Authority with a written statement (the Best Value Review Plan) containing the Service Delivery Proposals to achieve the change to the Services (or the relevant part) in accordance with the Best Value Service Change Notice.
(g) As soon as practicable after the Authority receives the Best Value Review Plan the parties shall discuss and agree the issues set out in the Best Value Review Plan. In such discussions the Authority may modify the Best Value Service Change Notice, in which case the Contractor shall, as soon as practicable, and in any event not more than twenty (20) Business Days after the receipt of such modification, notify the Authority of any consequential changes to the Best Value Review Plan.
(h) If the parties cannot agree on the contents of the Best Value Review Plan then the dispute will be determined in accordance with the Disputes Resolution Procedure.
(i) As soon as practicable after the content of the Best Value Review Plan has been agreed or otherwise determined pursuant to the Disputes Resolution Procedure the Authority shall:
(i) confirm in writing the Best Value Review Plan; or
(ii) withdraw the Best Value Service Change Notice.
(j) If the Authority either withdraws the Best Value Service Change Notice or does not confirm the Best Value Review Plan within [twenty (20) Business Days] of the Best Value Review Plan having been agreed or determined pursuant to the Dispute Resolution Procedure then the Best Value Review Plan and the Best Value Service Change Notice shall be deemed to have been withdrawn.
(k) If the Authority confirms the Best Value Review Plan then the Authority shall issue an Authority Change Notice (which shall contain the information set out in the Best Value Service Change Notice) in accordance with the Change Protocol.
(l) [To the extent that the implementation of the proposals contained in the Best Value Review Plan will result in a decrease in the costs of the Contractor, the Unitary Charge shall thereafter be adjusted downwards in accordance with clause 71 (Financial Adjustments) to reflect the sharing in the decrease in costs [50:50] as to the Authority and Contractor respectively.]164
(m) [To the extent that if the implementation of the proposals contained in the Best Value Review Plan will result in an increase in the costs of the Contractor, the Unitary Charge shall thereafter be adjusted upwards to reflect such increase in accordance with clause 71 (Financial Adjustments).]
(n) [The Contractor shall take all reasonable steps to mitigate any costs and maximise any savings arising as a consequence of a Best Value Service Change Notice and an Authority Change Notice served pursuant to clause 38.3.11 (Best Value Reviews).]
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163 Drafting relating to a Performance Standard Benchmarking is considered unnecessary given the Contractor's obligation to obtain Quest.