6.  Communication Protocols

The purpose of this section is to describe the processes and protocols of communication between the Authority and the Contractor. This description should make a clear distinction between the protocols for:

•  regular and day-to-day aural communication;

•  written 'informal' correspondence that is not intended to have any legal or contractual effect or is intended to be without prejudice to the terms of the Contract (i.e. the provision of information or data, or comments on documents).

•  written 'formal' communication that is required in accordance with the terms of the Contract or involves the formal notification of an intention to enforce/exercise a contractual right or remedy, or that a contractual dispute has arisen; and

This section should include the details as to:

•  who is authorised to communicate on what subject matters; and

•  the processes for:

-  Reviewing and commenting on documentation provided by the Contractor required under the Contract;

-  Authorising written communication with the Contractor (in particular correspondence that is 'formal' or is required under the Contract);

-  for taking legal advice on the drafting of any correspondence.

This section should provide standardised drafting of caveats and forms of letters (see examples of such correspondence caveats at Appendix 2), particularly for all those provisions of the Contract that:

•  require the Authority to formally write to the Contractor on certain matters, provide notices/consents; or

•  have, or are likely to have, an impact on the Contractor's revenue or would be notifiable to the 3rd Party Funders/Trustees (e.g. the Payment and Performance Regime, claims under any liability or indemnity or breach of the contract)

Also describe:

•  any Shared Working Environment, its purpose, scope and content and the process for uploading shared data/information.

•  processes for joint/shared media handling and how FOI requests that involve data/information held by the Contractor on the Authority's behalf will be handled.