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  • FUJ00078970 - Fax from Meredith Cleary to Tony Oppenheim attaching a letter re: proposed revisions to the schedule structure of the related agreements and clarification of the various types of “acceptance”.

FUJ00078970 - Fax from Meredith Cleary to Tony Oppenheim attaching a letter re: proposed revisions to the schedule structure of the related agreements and clarification of the various types of “acceptance”.

Evidence on official site

FUJ00078970

FUJ00078970

20 SEF 190 Lore FRUM ULta eos soe

BA/POCL Programme ° 3rd Floor Terminal House

52 Grosvenor Gard * LONDON * SW1W 0AB

Telephone: :. i
BA/POCL Courier: BAPOCL, Terminal House,

Restricted Commercia)

‘This fax ransmission and any. accompanying documents MAY contain information belonging to the sender which is
confidential and legally privileged. This information is intended ONLY for the use of the individual or entity to whom
this facsimile is addressed. If you are not the intended recipient, any disclosure, copying, distribution or action taken in

Teliance on the contents of the information contained herein is strictly prohibited. If you have received this transmission
in error, please contact the sender to arrange fur the retum of the documents.

@ ...»>:I18:45 Friday, 13 September 1996
... B:I5 page(s) in this fax, including this one
From: I Meredith Cleary _§ 7 RC

direct fax:

[To: TONY OFFENAEDY IEIM, ICL am THWAY
os ae

Letter re:

PROPOSED REVISIONS TO THE SCHEDULE STRUCTURE OF THE RELATED

AGREEMENTS AND CLARIFICATION OF THE VARIOUS TYPES OF
“ACCEPTANCE”

PAT KELSEY
Head of PDA Procurement

P9609134.DOC

FUJ00078970

FUJ00078970

Benefits Agency and
Post Office Counters itd
Third Floor

Terminal House

52 Grosvenor Gardens
London SWIW OaB

telephone I

Sacsimite

Tony Oppenheim
ICL Pathway Limited

Forest Road 13 September 1996
Feltham

MIDDLESEX
TW13 7EJ.

RESTRICTED - COMMERCIAL

Dear Tony

PROPOSED REVISIONS TO THE SCHEDULE. STRUCTURE OF THE RELATED
AGREEMENTS AND CLARIFICATION OF THE VARIOUS TYPES OF
“ACCEPTANCE” .

Thank you for your letter of 30 August and for the
confirmation in it of your acceptance to the proposals
contained in my letter of 20 August about the Drop Down
process. These amendments will need to be implemented
formally under the change control process, and I will let you

have appropriate draft CCNs for your review in the near
future. .

DSS and POCL Service Infrastructure

You state that the overlap between the DSS Service
Infrastructure and the POCL Service Infrastructure is in
fundamental conflict with the intended separability of
Agreements and Services throwing into confusion the ability
of the DSS and POCL to act independently regarding
termination. In fact, the only issue in relation to
termination affected by the overlap is the exercise of the
various options to purchase elements of the Service
Infrastructure on termination of a Service or Related
Agreement. This is recognised in the Related Agreements,
which provide (Clause 904.3 of the DSS and POCL Agreements in

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FUJ00078970
FUJ00078970

RESTRICTED - COMMERCIAL

relation to the options exercisable on termination of the
DSS/POCL Agreement, as appropriate) that:

spocL [DSS] shall only be entitled to exercise the
options in Clause 904.1 and 904.2.4 to the extent that
such exercise does not affect the CONTRACTOR’s ability to
perform any surviving Services.”

A similar provision is contained in Clause 905.3 in relation
to exercise of the options exercisable on termination of a
Service, and 903.4 of the AUTHORITIES’ Agreement in relation
to those exercisable on termination of the AUTHORITIES’
Agreement.

As such, this does not affect the ability of either Authority
to terminate an individual Service or Agreement, although the
Authorities recognise that it may in practical terms
constrain the way in which the appropriate Authority chooses
to replace the terminated Service. Accordingly, we see no
need to amend the definition of “DSS Service Infrastructure’.

Acceptance Testing

I confirm that the acceptance testing regime under the
Related Agreements is as follows:

(ai) Operational Trial

The Operational Trial, scheduled under the
timetable in Schedule B7 of the AUTHORITIES’
Agreement to last until June 1997, will consist of
the three stages of technical testing, model
office testing and live trial. The Operational
Trial is to test BES, CMS, PAS, APS, EPOSS, OBCS
and POCL Infrastructure Services. Failure to pass
the Operational Trial can ultimately lead to
termination of any or all of the Services or
Related Agreements (although failure of OBCS to
pass the Operational Trial will not give rise to
the right to terminate any or all of the Related
Agreements) .

(ii) Testing of POCL and DSS Service Infrastructure (ears oly

DESK Moc.
mt The POCL and DSS Service Infrastructures will be
aa a “p . (in accordance with Clause 408 of the DSS/POCL
AF ve

Agreements) on an element by element basis as they
are rolled out (typically in the case of the POCL

8960913.DOC (1: \CEY_LIRS\_ewr_L79\9960913A.D0C 33/05/96 34083
FUJ00078970

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(iii)

afc to Ath
tho

(iv)

{v)

Service Infrastructure on an Outlet by outlet
basis), after successful completion of the
Operational Trial. Failure to pass such a test
will not in itself entitle either Authority to
terminate any or all of the Related Agreements or.
Services, merely at most to reject some or all of

the element-in question. -The Acceptance -Criteria™

for this testing will not necessarily be linked to
ensuring that what has been accepted at
Operational Trial is still met, although in
practice it is envisaged that this form of testing
will be extremely brief and may merely consist of
checking that what. is meant to be installed has
been installed, and is technically sound.

Steady State Acceptance

The Services, like the Service Infrastructure,
will be tested (in accordance with Clause 411 of
the DSS/POCL Agreements and Clause 404 of the
AUTHORITIES’ Agreement) as it is rolled out on an
element by element basis (typically, as rolled out
to each Outlet). Failure to pass the test will
not in itself give rise to a right of termination
of the Related Agreements or the Services, merely
in extreme cases to reject some or all of the
Service as rolled out and tested. The form of
such testing is likely to be quite brief,
consisting for examplé of a short number of test
messages and dummy transactions.

Testing of further and replacement Products .

Further and replacement Products will be tested in
accordance with Clause 408 of the DSS/POCL
Agreements. Any changes to the Products will take
place under Change Control, and as part of this

process any changes necessary to the Acceptance
Criteria should be agreed.

Testing of Optional and Additional Services

All Optional Services may technically be subjected
to Operational Trailling (see Clause 402.1 of the
AUTHORITIES’ Agreement), but failure will not in
itself lead to termination of the Related
Agreements. As Optional Services are rolled out

9609128.DOC

$1 \QEA_LERS\_PWY_17e\P960913A,.DOC 13/03/96 34031
FUJ00078970

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Please let

(if appropriate) they will be subject to Steady
State testing as described in paragraph (iii)
above.

Additional Services, and changes to existing
Services, will be implemented under Change
Control. It is envisaged that appropriate testing
will ‘be agreed at the time of agreeing the other
details of the Service. If appropriate, this may
include testing according to Operational Trial
principles (i.e. the three stage approach) .

me know if you have any comments or questions.

Yours sincerely

Pat Kelsey
Head of PDA Procurement

F9609138. D0

$2\CHY_LIRS\_bws_vzs\79609234.D00 43/09/96 14152

- we TOTAL PAGE.@S *«
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