Module 3 - Attachment 5 (Service Levels) MODULE 3 - ATTACHMENT 5 (SERVICE LEVELS) 1. OVERVIEW General 1.1 This Attachment 5 describes: 1.1.1 the Service Levels that the Contractor must comply with and report against; and 1.1.2 the consequences that apply for the Contractor failing to meet those Service Levels. 1.2 The parties must comply with the requirements in this Attachment 5 in relation to each Contract, except to the extent specified in any Contract Order Form. 1.3 The parties must also comply with any performance management framework: 1.3.1 specified in the Contract Order Form; and 1.3.2 included in the Product and Service Catalogue for a Deliverable, including in relation to measuring and reporting on the Contractor's performance under any Contract and the application of any remedies (including Service Credits). 2. METHODOLOGY 2.1 This methodology describes the approach used to define the Service Levels. 2.2 Each Service Level is: 2.2.1 defined in clauses 3.1.1 to 3.1.10 below; and 2.2.2 in the following tabular format: Description Metric Definition Service Coverage Hours Measurement Hours Minimum Service Level Target Service Level Definition of the Service Level See clause 2.6. See clause 2.6. The minimum level of service the Contractor must provide to the Agency. The target level of service the Contractor should aim to provide to the Agency. Module 3 - Attachment 5 (Service Levels) Measurement Methodology Measurement point Identifies where or when the measurement is carried out. Calculation How the Service Level is calculated, including calibration of the Service Level against the scoring scale. Period of Calculation The period over which the Service Level is calculated (e.g. Monthly). Calculation notes Additional information on what is included or excluded from the calculation. Data Source Identifies the source of the information used to calculate the Service Level (e.g. named tools or data sources). Measurement Identifies whether the Contractor or the Agency is responsible for responsibility measuring the Service Level. It is expected that in most cases, the Contractor will be responsible for measurement. Reporting Frequency Details of how often the Service Level is reported. Special Reporting Any special reporting requirements for a Service Level. The standard Requirements reporting requirements are specified in clause 2.11. 2.3 Each Service Level definition table in clauses 3.1.1 to 3.1.10 contains details of the measurement methodology for the Service Level. Measurement methodologies may change over time to reflect changes and innovations in technology, tools and methodologies used for these purposes or to reflect changes in the Commonwealth’s business objectives. Any such changes must be agreed by Finance. Any changes that seek to vary the Head Agreement or a Contract must be dealt with in accordance with the variation procedures in the Head Agreement. 2.4 If the ‘Minimum Target Service Levels’, the ‘Target Service Levels’, or the ‘Calculation’ in a Service Level definition table contains more than one set of measures or measurements, then each of those must be measured and reported as separate Service Levels. 2.5 Service Levels are provided on an end to end basis, and the Contractor is responsible for all Subcontractors and managed third party activities that impact on the Service Levels. However, Service Level failures for components of the Service Level beyond the Contractor’s responsibility will be treated as an excusable event in accordance with clauses 2.12, 2.13, and 2.14. 2.6 The Service Level definition tables include details of ‘Service Coverage Hours’ and ‘Measurement Hours’ (if applicable to the measure). The ‘Service Coverage Hours’ are the hours or period during which the relevant Deliverables are provided. The ‘Measurement Hours’ are the hours or period over which the Service Level is measured. In some cases, the ‘Measurement Hours’ will differ to the ‘Service Coverage Hours’. Module 3 - Attachment 5 (Service Levels) 2.7 If a Service Level includes a percentage, these will be applied as follows: “X%” means that if the Contractor achieves X% or higher, the Service Level is met (without further rounding-up of the percentages, except for the rounding-up referred to below). 2.8 For each Service Level, a conversion of the ‘Target Service Level’ percentage may need to occur to calculate the number of allowable incidents that can occur without the Contractor failing the applicable Service Level. If the number of allowable exceptions has a fractional component, then the number of allowable exceptions will be rounded up to the next highest whole number. For example: If the ‘Target Service Level’ is “95%”, and the Contractor has provided the Deliverable 45 times in a set period, then the “number of allowable exceptions” is 5% of 45 = 2.25, which is rounded up to three (3) allowable exceptions. In this example the Contractor must meet the Target Service Level 42 times in order to achieve a pass for this Service Level. 2.9 Time elapsed will be calculated taking into consideration the starting time. For example, if a Deliverable is requested at 12.30pm on a Friday, and it is to be provided within two Business Days, then this means that it must be provided by 12.30pm on the following Tuesday (unless the Monday is not a Business Day, in which case two Business Days means by 12.30pm on the following Wednesday.) 2.10 References in this Attachment 5 to Business Days, Business Hours or other times refer to the time at the place where the applicable Service is performed by the Contractor. For example, if: 2.11 2.10.1 on-site break/fix services are provided by the Contractor personnel in Perth, the break/fix scheduled hours are references to Perth time; 2.10.2 Helpdesk services are provided from the Helpdesk located in Sydney, the Helpdesk scheduled hours are references to Sydney time. Performance reports are to be delivered to the specified recipient within 10 Business Days of the end of each Month or as agreed with the Agency. At a minimum, such reports must include: 2.11.1 graphical depictions and written details of the Contractor’s performance against agreed Service Levels relevant to the previous month or period, unless the Service Level is to be reported on an exception basis only in which case the report should include only exception reporting information; 2.11.2 comparison of that performance to performances in previous months and relevant trend analysis; 2.11.3 summary by cause code (based on the Contractor standard cause categories, e.g. hardware failure, Software error, network failure) for any incidents occurring during the month; 2.11.4 action plans for rectifying any failure to meet Service Levels; 2.11.5 details of preventative action proposed to minimise the re-occurrence of the failure; and Module 3 - Attachment 5 (Service Levels) 2.11.6 2.12 2.13 any other special reporting requirements set out by individual Agencies in the Contract. Subject to clause 2.5, a failure or delay to meet a Service Level will not be taken into account in measuring the Contractor’s performance against the Service Level to the extent that such failure or delay is caused by any: 2.12.1 defect, error or malfunction in any item of hardware or Software which the Contract specifies is not the responsibility of the Contractor; or 2.12.2 other failure or delay beyond the reasonable control of the Contractor (beyond reasonable control being determined by the Agency). Without limiting any other reason, a failure or delay to meet a Service Level will not be regarded as beyond the reasonable control of the Contractor if the failure or delay could have been: 2.13.1 prevented by the Contractor by adopting reasonable business continuity practices (including industry standard redundancy, regular preventative maintenance, capacity planning, regular backups and off-site tape storage, uninterrupted power supplies); or 2.13.2 circumvented by using alternative sources, workarounds or other means. 2.14 If the Contractor is seeking to rely on the excusable events set out in clause 2.12, then it must promptly advise the Agency by notice of the details of the relevant event in its performance report. If the Agency agrees the event has impacted upon the Contractor’s performance, the time permissible for correcting an incident or outage is extended only by the length of the delay or to the extent of the failure as caused by the excusable event. 3. SERVICE LEVELS 3.1 The Contractor must meet the following Service Levels. 3.1.1 Orders Description Metric Definition Measures the time taken from an Order being submitted by the Agency and the Order being processed by the Contractor. Service Coverage Hours Measurement Hours Business Hours Business Hours The Contractor must process an Minimum Service Order within two Business Days of Level submission by the Agency Representative. 98% within the timeframe. Module 3 - Attachment 5 (Service Levels) The Contractor must process an Target Service Level Order within two Business Days of submission by the Agency 100% within the timeframe. Representative. Measurement Methodology Measurement point Time of Order submission by the Agency Representative; and time an Order confirmation email has been sent by the Contractor to the Agency Representative. Calculation For each Order by the Agency, the time taken to confirm an Order is measured as the time between when: (a) the Order is placed (e.g. via Helpdesk / phone / email or website); and (b) a confirmation email has been sent to the Agency Representative. Service Level performance is calculated as: (the number of Orders that meet the ‘Minimum Service Level’ divided by the total number of Orders during the period) x 100. Period of Calculation Monthly unless stated otherwise. Calculation notes Consumable Orders are not included in the measurement of this Service Level. Data Source Contractor ordering systems Measurement The Contractor responsibility Reporting Frequency Reported to the Agency monthly, unless agreed otherwise by the Agency. Special Reporting Not applicable Requirements Service Credits Service Credits do not apply with respect to any failure to meet this Service Level, however the other remedies relating to failures to meet Service Levels apply. Module 3 - Attachment 5 (Service Levels) 3.1.2 Product Delivery Description Metric Definition Measures the time taken between the nominated Delivery Date and the actual Delivery Date. Service Coverage Hours Business Hours Measurement Hours Business Hours Minimum Service Delivery occurs on the nominated 98% by the nominated Delivery Level Delivery Date. Date. Delivery occurs on the nominated 100% by the nominated Delivery Delivery Date. Date. Target Service Level Measurement Methodology Measurement point Nominated Delivery Date as specified by the Agency in the Contract; and time of Delivery confirmation by the Agency Representative. Calculation For each Delivery to the Agency, the time taken to deliver the Deliverable is measured as the time between: (a) the nominated Delivery date as specified by the Agency in the Contract; and (b) the time of Delivery confirmation by the Agency Representative. Service Level performance is calculated as: (the number of Deliveries that meet the ‘Minimum Service Level’ divided by the total number of Deliveries during the period) x 100. Period of Calculation Monthly unless stated otherwise. Calculation notes Delivery for Consumables is reported against Service Level 3.1.4. Data Source Delivery systems Measurement The Contractor responsibility Reporting Frequency Reported to the Agency monthly, unless agreed otherwise by the Agency. Special Reporting Not applicable Requirements Service Credits Service Credits apply with respect to any failure to meet this Service Level in Module 3 - Attachment 5 (Service Levels) accordance with clause 4. 3.1.3 Installation Description Metric Definition Measures the time taken between nominated installation date and actual installation date for MOMs Products. Service Coverage Hours Business Hours Measurement Hours Business Hours Minimum Service Installation occurs by the nominated 98% by the nominated installation Level installation date. date. Installation occurs by the nominated 100% by the nominated installation installation date. date. Target Service Level Measurement Methodology Measurement point Nominated installation date as specified by the Agency in the Contract; and time the MOMs Product is deemed to be operational. Calculation For each MOMs Product installed by the Contractor, the time taken to install the MOMs Product is measured as the time between: (a) the nominated installation date as specified by the Agency in the Contract; and (b) the time entered on the Acceptance certificate, after the MOMs Product has been Accepted in accordance with the Head Agreement. Service Level performance is calculated as: (the number of installations conducted by the Contractor that meet the ‘Minimum Service Level’ divided by the total number of installations conducted by the Contractor during the period) x 100. Period of Calculation Monthly unless stated otherwise. Calculation notes Installations conducted by the Contractor are included in the measurement of this Service Level. Data Source Installation checklist, maintenance systems Measurement The Contractor responsibility Module 3 - Attachment 5 (Service Levels) Reporting Frequency Reported to the Agency monthly, unless agreed otherwise by the Agency. Special Reporting Not applicable Requirements Service Credits Service Credits apply with respect to any failure to meet this Service Level in accordance with clause 4. 3.1.4 Consumable Delivery Description Metric Definition Delivery time for Consumables. Service Coverage Hours Measurement Hours Business Hours Business Hours Consumables ordered by the Agency are Delivered within two Business Days, unless agreed otherwise for Remote sites. Minimum Service If Remote Management and/or a Level Valet Service is used - Consumables ordered by the Contractor are Delivered within two Business Days, unless agreed otherwise for Remote 90% within two Business Days 95% within three Business Days 100% within four Business Days 90% within two Business Days 95% within three Business Days 100% within four Business Days sites. Consumables ordered by the Agency 95% within two Business Days are Delivered within two Business Days. Target Service Level 100% within three Business Days If Remote Management and/or a Valet Service is used - Consumables 95% within two Business Days ordered by the Contractor will be 100% within three Business Days Delivered within two Business Days. Measurement Methodology Module 3 - Attachment 5 (Service Levels) Measurement point From the time either the Helpdesk or website is notified by the Agency Representative or the Contractor Personnel requesting the provision of Consumables to the time of Delivery of the Consumables to the Agency site. Calculation The time to deliver Consumables is measured as: (a) the time of notification to the Helpdesk or the Contractor Website for the provision of Consumables; and (b) the time of Delivery of the Consumables to the Agency site. Period of Calculation The Service Level performance is calculated as: (the number of Consumables requests whose delivery time meets the ‘Minimum Service Level’, divided by the total number of requests for Consumables) x 100 Calculation notes Each individual request for Consumables must be treated separately, regardless of whether the Contractor bundles the Consumable requests for Delivery. Data Source Inventory systems, Helpdesk, Delivery systems Measurement The Contractor responsibility Reporting Frequency Reported to the Agency monthly, unless agreed otherwise by the Agency. Special Reporting Not applicable Requirements Service Credits Service Credits apply with respect to any failure to meet this Service Level in accordance with clause 4. 3.1.5 Return to Service Description Metric Definition Measures the 'Return to Service' times of the MOMs Product. Service Coverage Hours Measurement Hours Minimum Service Level Business Hours Business Hours Faulty MOMs Product(s) as identified by the Agency to the Contractor's Helpdesk Module 3 - Attachment 5 (Service Levels) is returned to full functionality within: 90% within four Business Hours Priority Sites 100% within 10 Business Hours. 90% six Business Hours Metropolitan sites 100% within 15 Business Hours 85% within 10 Business Hours Regional sites Remote sites unless agreed otherwise by the Agency. 100% within 20 Business Hours 85% within 16 Business Hours 100% within 30 Business Hours Faulty MOMs Product(s) as identified by the Agency to the Contractor's Helpdesk is returned to full functionality within: 95% within four Business Hours Priority Sites Target Service Level 100% within eight Business Hours 95% within six Business Hours Metropolitan sites 100% within 10 Business hours 95% within 10 Business Hours Regional sites 100% within 16 Business Hours 95% within 16 Business Hours Remote sites 100% within 24 Business Hours Measurement Methodology Measurement point Time of Fault notification to the Contractor's Helpdesk; and the time at which full functionality of the MOMs Product is restored and fully operational (‘Returned to Service’). Full functionality and fully operational includes the MOMs Product operating in accordance with its Specifications, including those in the Statement of Minimum Requirement. Module 3 - Attachment 5 (Service Levels) Calculation For MOMs Product(s) which has been reported as faulty by the Agency, Return to Service is measured as: (a) the time a Fault is logged with the Contractor's Helpdesk; and (b) the time the MOMs Product is restored to full functionality and is fully operational by the Agency, as noted on the Contractor's maintenance sheet. Service Level performance is calculated as: (the number of Fault rectifications conducted by the Contractor that meet the ‘Minimum Service Level’ divided by the total number of Fault rectifications conducted by the Contractor during the period) x 100. Period of Calculation Monthly unless stated otherwise. Calculation notes Failures and outages are included in the measurement. The Contractor Helpdesk staff may rectify a Fault over the phone not requiring a technician on-site. The rectification of Faults that do not require an onsite technician are not included in the measurement of this Service Level. The Contractor may choose to provide back-up MOMs Product(s) to Remote Agency sites, swapping the MOMs Product and placing it into operation will be measured as rectification of the Fault. The faulty MOMs Product, once repaired and fully operational, must be returned into service within a timeframe that allows continuation of services (as negotiated between the Agency and the Contractor). The faulty MOMs Product, if unable to be repaired, must be replaced within a timeframe that allows continuation of services. Data Source Helpdesk, Fault management systems, and problem management tools. Measurement The Contractor responsibility Reporting Frequency Reported to the Agency monthly, unless agreed otherwise by the Agency. Special Reporting Not applicable Requirements Service Credits Service Credits apply with respect to any failure to meet this Service Level in accordance with clause 4. 3.1.6 Billing and Invoicing Module 3 - Attachment 5 (Service Levels) Description Metric Definition Measures the time taken to provide accurate Tax Invoices to the Agency Representative. Service Coverage Hours Measurement Hours Business Hours Business Hours Tax Invoices are received by the nominated Tax Invoice delivery date. 98% received by the nominated date. Tax Invoices are received in the Minimum Service required format and without errors Level (e.g. there are no errors and the Agency Representative does not have to seek clarifications and/or 98% are in the required format and without errors corrections on the submitted Tax Invoice). Tax Invoices are received by the nominated Tax Invoice delivery date. 100% received by the nominated date Tax Invoices are received in the required format and without errors Target Service Level (e.g. there are no errors and the Agency Representative does not have to seek clarifications and/or 100% are in the required format and without errors corrections on the submitted Tax Invoice). Measurement Methodology Measurement point Calculation (a) The time between the nominated delivery date for the Tax Invoice; and the time of receipt of a correctly rendered, accurate Tax Invoice to the Agency Representative, via email or otherwise in accordance with the Head Agreement or Contract. (b) The number of times the Agency requires a Tax Invoice to be resubmitted due to errors and the subsequent delay to the achievement of item (a). For each Tax Invoice sent to the Agency, the time taken to deliver Tax Invoices is measured as the time between: Module 3 - Attachment 5 (Service Levels) (a) the nominated Tax Invoice delivery date as specified in the Contract; and (b) the time a correctly rendered and accurate Tax Invoice is received by the Agency Representative. Service Level performance for the receipt of Tax Invoices is calculated as: (the number of Tax Invoices received by the Agency that meet the ‘Minimum Service Level’ divided by the total number of Tax Invoices issued to the Agency during the period) x 100. Service Level performance for the accuracy of Tax Invoices is calculated as: (the number of Tax Invoices received in the required format and without errors which require correction or resubmission by the Agency divided by the total number of Tax Invoices issued by the Contractor during a period) x 100 Period of Calculation Monthly unless stated otherwise. Calculation notes All Tax Invoices are included in the measurement of this Service Level, consolidated Tax Invoices are considered one invoice for the purposes of this Service Level calculation. Data Source Sales systems, reporting systems, invoice systems. Measurement The Contractor responsibility Reporting Frequency Reported to the Agency monthly, unless agreed otherwise by the Agency. Special Reporting Not applicable Requirements Service Credits Service Credits apply with respect to any failure to meet this Service Level in accordance with clause 4. 3.1.7 Reporting Description Metric Definition Measures the time taken to provide reports to the Finance Representative the Agency as set out in the Head Agreement and the Contract and the accuracy of those reports Service Coverage Hours Measurement Hours Business Hours Business Hours Module 3 - Attachment 5 (Service Levels) The Contractor provides the Finance 98% of reports are delivered by the Representative with the reports required date. required to be provided to Finance or the Finance Representative by the 100% of reports are delivered within date the report is due. The Agency 3 Business Days of the date on which will nominate the reporting the report is due. requirements and delivery dates for Agency Reports in the Contract. 98% of reports delivered are The Contractor provides accurate reports that meet the requirements for the delivered reports and are without errors. consistent with the required reporting requirements and are without errors (e.g. the Finance Representative or the Agency does not have to seek Minimum Service clarifications and/or corrections on Level the submitted report). The Contractor provides the Agency Representative with the reports 98% of reports are delivered by the required date required to be provided to the 100% of reports are delivered within Agency or the Agency 3 Business Days of the date on which Representative the report is due. 98% of reports delivered are The Contractor provides accurate reports that meet the requirements for the delivered reports and are without errors. consistent with the required reporting requirements and are without errors (e.g. the Agency Representative or the Agency does not have to seek clarifications and/or corrections on the submitted report). For both Finance and the Agency, delivery of the report occurs on the Target Service Level date the report is required. 100% of reports are delivered by the required date. For both Finance and the Agency, the 100% of reports are delivered are Contractor provides accurate reports consistent with the required reporting Module 3 - Attachment 5 (Service Levels) that meet the requirements for the templates and are without errors. delivered reports and are without errors. Measurement Methodology Measurement point Calculation (a) The time between the required report delivery date; and the time of delivery of a correct, accurate report to the Finance or Agency Representative (as relevant), via email or otherwise in accordance with the Head Agreement or Contract. (b) The number of times the Finance Representative and/or Agency requires a report to be resubmitted due to errors and/or lack of clarity and the subsequent delay to the achievement of item (a). For each report sent to Finance or the Agency (as relevant), the time taken to deliver reports is measured as the time between: (a) the required report delivery date as specified in the Head Agreement or Contract (as relevant); and (b) the time a correct report is delivered to Finance Representative or the Agency Representative (as relevant). Service Level performance is calculated as: (the number of report deliveries that meet the ‘Minimum Service Level’ divided by the total number of reports required to be delivered by the Contractor during the period) x 100. Service Level performance for the accuracy of reports is calculated as: (the number of reports received that meet the requirements for that report and without errors which require correction or resubmission by Finance or the Agency divided by the total number of reports required to be delivered by the Contractor during a period) x 100 Period of Calculation Monthly unless stated otherwise. Calculation notes All reports are included in the measurement of this Service Level, consolidated reports will be considered one report for the purposes of this Service Level calculation. Data Source Sales systems, reporting systems, delivery systems Measurement The Contractor responsibility Reporting Frequency Reported to the Finance Representative as agreed in the Module 3 or the Agency Representative as agreed in the Contract (as relevant). Special Reporting Not applicable Module 3 - Attachment 5 (Service Levels) Requirements Service Credits Service Credits apply with respect to any failure to meet this Service Level in accordance with clause 4. However, Service Credits only apply with respect to reports required to be provided to the Agency. 3.1.8 Availability of MOMs Products Description Metric Definition The availability and reliability of the MOMs Products. Service Coverage Hours 24 x 7 Measurement Hours 24 x 7 Minimum Service Each MOMs Product is available for Level use by the Agency. Target Service Level Each MOMs Product is available for use by the Agency. No more than three (3) Faults per month that prevent the use of that MOMs Product by the Agency No more than one (1) Fault per month that prevent the use of that MOMs Product by the Agency Measurement Methodology Measurement point The Faults notified to the Contractor by the Agency or identified by the Contractor Calculation The number of Faults is the number of Faults notified to the Contractor by the Agency or identified by the Contractor for each MOMS Product. The number of Faults for each MOMs Product notified to the Contractor by the Agency or identified by the Contractor in that month divided by the total number of Faults for all MOMs Products in that month (for products supplied by the Contractor to the Agency under the Contract). Period of Calculation Monthly unless stated otherwise. Calculation notes Helpdesk, Fault management systems, and problem management tools. Module 3 - Attachment 5 (Service Levels) Data Source Failures and outages are included in the measurement. Measurement The Contractor responsibility Reporting Frequency Reported to the Agency monthly, unless agreed otherwise by the Agency. Special Reporting Not applicable Requirements Service Credits Service Credits apply with respect to any failure to meet this Service Level in accordance with clause 4. 3.1.9 Agency Satisfaction Description Metric Definition The Agency is satisfied with the performance of the Contractor under the Contract. Service Coverage Hours Measurement Hours 24 x 7 24 x 7 The Contractor achieves an average satisfaction score equal to, or greater than, three where: Minimum Service (a) (b) (c) (d) (e) Level Score 1: Very dissatisfied Score 2: Dissatisfied Score 3: Neutral Score 4: Satisfied Score 5: Very Satisfied The Contractor achieves an average satisfaction score of score equal to, or greater than, four where: (a) (b) (c) (d) (e) Target Service Level Score 1: Very dissatisfied Score 2: Dissatisfied Score 3: Neutral Score 4: Satisfied Score 5: Very Satisfied Measurement Methodology Measurement point The level of satisfaction will be determined by the Agency, as and when required by the Agency. This may be based on, but is not limited to, the Agency surveying a sample set of end users about the performance of the Module 3 - Attachment 5 (Service Levels) Contractor or the Deliverables. The survey questions will be designed by the Agency, but the Contractor must have an opportunity to make comments on the questions before they are used to measure the level of satisfaction, and the Agency must take any such comments by the Contractor into account . Calculation The average satisfaction score will be the score determined by the Agency (any may be the mean score from each survey identified in the Measurement Point). Period of Calculation Every six months unless stated otherwise in a Contract. Calculation notes The Agency will use reasonable endeavours to ensure that the method for calculating Agency satisfaction is conducted in an appropriate manner. An Agency may collect satisfaction data at its discretion and in relation to the whole or part of the Contractor's performance as required by the Agency from time to time. Data Source Surveys conducted by the Agency, as determined by the Agency Measurement Agencies (but the Contractor must report on its performance against this responsibility Service Level) Reporting Frequency Reported to the Agency Representative every six months unless stated otherwise in a Contract. Special Reporting Not applicable Requirements Service Credits Service Credits apply with respect to any failure to meet this Service Level in accordance with clause 4. 3.1.10 Helpdesk Quality Description Metric Definition The Helpdesk provides a responsive and high quality service to Agency end users. Service Coverage Hours 24 x 7 Measurement Hours 24 x 7 Minimum Service The Contractor achieves an average satisfaction score equal to, or greater Module 3 - Attachment 5 (Service Levels) Level than, three, where: (a) (b) (c) (d) (e) Score 1: Very dissatisfied Score 2: Dissatisfied Score 3: Neutral Score 4: Satisfied Score 5: Very Satisfied The Contractor achieves an average satisfaction score equal to, or greater than, four where: (a) (b) (c) (d) (e) Target Service Level Score 1: Very dissatisfied Score 2: Dissatisfied Score 3: Neutral Score 4: Satisfied Score 5: Very Satisfied Measurement Methodology Measurement point The level of satisfaction will be determined by the Agency and may be based on surveying a sample set of end users. The survey questions will be designed by the Agency, but the Contractor must have an opportunity to make comments on the questions before they are used to measure the level of satisfaction, and the Agency must take any such comments by the Contractor into account. Calculation The average satisfaction score will be the score determined by the Agency (any may be the mean score from each survey identified in the Measurement Point). Period of Calculation Every six months unless stated otherwise in a Contract. Calculation notes The Agency will use reasonable endeavours to ensure that the method for calculating Agency satisfaction is conducted in an appropriate manner. Data Source Surveys conducted by the Agency or such other data sources, as determined by the Agency Measurement Agencies (but the Contractor must report on its performance against this responsibility Service Level) Reporting Frequency Reported to the Finance Representative and the Agency Representative every six months unless stated otherwise in a Contract. Special Reporting Requirements Not applicable Module 3 - Attachment 5 (Service Levels) Service Credits Service Credits apply with respect to any failure to meet this Service Level in accordance with clause 4. 4. CONSEQUENCES FOR FAILING TO MEET THE SERVICE LEVELS 4.1 This section describes the consequences for failing to meet the Service Levels. 4.2 If the Contract or the Product and Services Catalogue include additional consequences for failing to meet the Service Levels, then those consequences will apply in addition to those set out below. 4.3 If the Contractor fails to meet a Service Level, then the Agency may determine that the application of any consequences specified in this Attachment 5: 4.3.1 will apply; or 4.3.2 will not apply. 4.4 Should an Agency determine that 4.3.1 will apply, the Agency must advise Finance of its intentions. 4.5 An Agency's rights under this Attachment 5 are cumulative. Temporary deferral of any remedy does not constitute a waiver of the right to the remedy. 4.6 If a failure to meet more than one Service Level is due to a single event, the Agency will take this into account in the application of any Service Credit or other remedy and may elect, acting reasonably, not to apply multiple Service Credits or remedies in respect of that event (or to reduce the extent to which the Service Level or remedy applies). Individual Service Level Failure 4.7 An “Individual Service Level Failure” occurs when a Service Level is not met on any single occasion. 4.8 A Service Credit will apply to an Individual Service Level Failure. Material Failure 4.9 A “Material Failure” occurs if the Contractor exceeds the number of Individual Service Level Failures applicable to a Service Level, by more than 15%. 4.10 If a Material Failure occurs, the relevant Service Credit will apply to each Individual Service Level Failure comprising that Material Failure. 4.11 For example, if: 4.11.1 ten occasions of Individual Service Level Failure in a month constitute a Material Failure; and 4.11.2 12 Individual Service Level Failures occur in respect of that Service Level in a month, Module 3 - Attachment 5 (Service Levels) the Service Credit applicable for the Material Failure would apply for each of the 12 occurrences of the Individual Service Level Failure. 5. REPETITIVE SERVICE LEVEL FAILURE 5.1 A “Repetitive Service Level Failure” occurs if: 5.2 5.1.1 a failure of an Individual Service Level occurs three or more times in separate months, in any rolling six month period, or in any part of such a period; 5.1.2 a Material Failure of the same Service Level occurs two or more times in any rolling six month period, or in any part of such a period; or 5.1.3 a failure of any six or more different Service Levels occurs in any rolling six month period. For example, if: 5.2.1 an Individual Service Level Failure of the same Service Level occurs in April, May and again in September; or 5.2.2 a Material Failure occurs in May and in July, then a Repetitive Service Level Failure would apply. 5.3 For the avoidance of doubt, the Repetitive Failure Remedy applies in addition to any other applicable remedy that applies under the Head Agreement of Contract. 6. CALCULATION OF SERVICE CREDITS 6.1 Except to the extent specified in the Contract Order Form, the method for calculating a Service Credit is set out below: Individual Service Level Failure (i) for each Individual Service Level Failure, a Service Credit of 1% of the total average monthly Charges for the Contract is incurred for each failure, up to a maximum of 10% of the total monthly Charges; Material Failure (ii) for each Material Service Level Failure, a Service Credit of 3% of the total average monthly Charges for the Contract is incurred for each failure, up to a maximum of 15% of the total monthly Charges; Repetitive Failure (iii) for each Repetitive Service Level Failure, a Service Credit of 5% of the total average monthly Charges for the Contract is incurred for each failure, up to a maximum of 20% of the total Contract value; and 7. MAXIMUM CAP Module 3 - Attachment 5 (Service Levels) 7.1 Unless otherwise specified in the Contract Order Form, the maximum Service Credits which are payable under a Contract is capped at 20% of the total Charges payable under the Contract. 7.2 For the purpose of Service Credits arising under the Contract, the Agency will calculate the amount due as a reduction or credit based on measurement of the Contractor's performance under the Contract and the method referred to in clause 6.1. 8. CALCULATION OF MONTHLY CHARGES 8.1 For the purposes of clause 6.1, the total average monthly Charges for a Contract is calculated as the total Charges payable under the Contract, divided by the number of months in the term of the Contract. 9. CONSISTENT FAILURE TO PERFORM 9.1 If the Contractor, in the reasonable opinion of Finance or an Agency, repeatedly or consistently fails to meet any one or more Service Levels under any one or more Contracts, Finance or the Agency may (as applicable) require the Contractor to investigate the underlying causes of the failure(s) in which case the Contractor must: 9.2 9.1.1 promptly prepare and deliver to Finance or the Agency (as applicable) a report identifying the underlying causes and the steps the Contractor will take to eliminate those underlying causes and to mitigate any future failures; 9.1.2 regularly provide updates to Finance or the Agency (as applicable), including on request by Finance or the Agency, on the steps being taken to prevent future failures and the Contractor must promptly provide this information; and 9.1.3 attend any required meetings with Finance of the Agency (as applicable) to discuss the Contractor's performance and the steps the Contractor is or will take to improve its performance. Nothing in this Attachment 5 limits the rights of Finance or an Agency under the Head Agreement or Contract (including Finance's right to suspend a Module).