Accreditation of ICT Suppliers
The Contractor shall provide, at all times, the number of staff required to fulfil his obligations under the Agreement.
The Contractor must comply with any directions given to it by the Agency in relation to the performance of the Services.
Operation of Agreement
Unless otherwise agreed in writing by the Agency, the Contractor shall not be entitled to be remunerated or reimbursed for any work done or for any expenditure incurred by it in connection with the Services before the commencement date.
The Agency must be kept informed of estimated total costs on a regular basis. Should at any time during the term of the Agreement the Contractor anticipates a potential overrun on fees they must notify the Agency with justification and obtain prior approval for continued work.
Payment and Invoices
The Agency shall pay the Contractor in respect of the satisfactory performance of the Services in accordance with the fees detailed in the tender submission together with an amount equal to the VAT properly chargeable in respect of each invoice submitted.
The Contractor shall within four weeks of the termination or determination of the Agreement submit a final invoice together with such information as the Agency may require to verify the information and the amounts referred to in that invoice.
Payments shall be made by the Agency within 30 (thirty) days of the receipt of the information required to verify and invoice except where an amount is in dispute.
Recovery of Sums from the Contractor
Whenever under the Agreement a sum shall be recoverable from or payable by the Contractor, that sum may be deducted from or reduced by the amount of any sum or sums then due or which at any time thereafter may become due to the Contractor under or in respect of:
The Agreement; or
Any other agreement with the Agency or with any other department or Office of Her Majesty’s Government.
Remedies in the Event of Inadequate Performance
In the event that the Agency is of the opinion that there has been a fundamental breach of this Agreement by the Contractor, or the Contractor’s performance of its duties under the Agreement has failed to meet the requirements of the Agreement then the Agency may, without prejudice to any of its rights under clause 14 (termination):
Make such deduction from the payment to be made to the Contractor as the Agency shall reasonable determine to reflect sums paid or sums which would otherwise be payable in respect of such of the Services as the Contractor shall have failed to provide;
Without terminating the Agreement itself provide or procure the provision of part of the Services until such time as the Contractor shall have demonstrated to the reasonable satisfaction of the Agency that the Contractor will once more be able to perform such part of the Services in accordance with this Agreement;
Without terminating the whole of the Agreement terminate the Agreement in respect of part of the Services only (whereupon a corresponding reduction in the fees shall be made) and the Agency itself provide or procure a third party to provide such part of the Services; and
Terminate, in accordance with clause 14, the whole of the Agreement.
Either party to the Agreement may, on giving three months notice in writing, terminate the Agreement. If at the time of receipt of notice of termination the Contractor is not in breach of any of
Advantage West Midlands Form ADV-09 Issue 02INVITATION TO TENDERPage 13 of 35