20 Best Value
Authorities, if requested by the Contractor, should carefully consider any request to replace the Best Value provisions set out at clause 35 of HPP with any existing policies of a RSL or RP relating to Best Value or continuous improvement. Due diligence will need to be undertaken on any such policies to establish whether they adequately cover the Authorities' requirements on Best Value.
In the event that following a Best Value review (be it under the HPP Best Value provisions or under a RSL's own policies and protocols) then, as all variable and semi variable costs should be covered by Rents and Service Charges, the Contractor should be responsible for all costs associated with any change required to be implemented following such review. Suitable drafting to cover this position is set out at paragraph 50 of this Guidance. This position may change if there are variable or semi variable costs which are funded through the Unitary Charge (for example if care services are outsourced and funded through the Unitary Charge). This will need to be considered by Authorities on a project by project basis.