19.5.8.1 The Contract should specify what happens if the Authority continues to use the Service (e.g. a prison cell or classroom) despite the defects which would otherwise render that part of the Service unavailable. If part or all of the Service is unavailable but used (for example, because operational reasons require it to be used even though the Service is significantly below the contractual requirement), then this may lead to either only a proportion of the availability fee being paid (typically 50%), or appropriate deductions accruing in respect of the relevant failure. In either case, the Contractor should not receive a full Unitary Charge (with no availability or performance deductions) as it has not provided the Service at the required standard.
19.5.8.2 However, the Authority must ensure that, where it is able to use any alternative service (e.g. provided by the Contractor or a third party), this is reflected in the deductions made. In addition, the Contractor should not be penalised if the Authority obstructs the Contractor from remedying the defect. Both the Contractor and the Authority should agree reasonable access times for remedial work to occur.
19.5.8.3 Unavailability should be excused if it is caused by Authority step-in and the Contractor is not itself in default (see Section 18 (Authority Step-In)). The effects of a Compensation Event on availability are set out in Section 15.2 (Compensation Events).
19.5.8.4 As availability is a factor in determining payment, the dispute resolution procedure should contain a mechanism to ensure a quick solution to any disagreements (see Section 34 (Dispute Resolution)).