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Quality-related Obligations
Quality-related Obligations
DBS relies upon a series of specific express obligations with regard to the Portals, as set out in the Contractor Solution at Schedule 3. By Clause 9.1.12 of the Agreement TCS was obliged to ensure the Services provided were in accordance with the Solution. The terms relied upon in Closing by DBS are:
Clause 1.1.1 of Schedule 3 which states:
;a) In today’s world, customers expect Government services to be aligned with private sector standards in terms of accessibility, interaction and overall level of service. Specifically, the proposed services shall be available online, through multiple devices (e.g. laptop or tablet) and with a high level of customer service. To meet those standards and operate the transition to the online world, the Contractor will:
Implement a Solution that gives priority to the online channel for all interactions with third parties (customers or partners), encouraging self-service over traditional channels (that will still remain available). For instance, the Solution will allow an Applicant to request and receive a Disclosure Certificate via a straight through, 100% online journey; …
…
Set up and orchestrate a strategy to promote the move to the online channel, combining incentives and marketing and communication campaigns.’
Clause 1.1.4(c) which states:
‘The Solution will deliver capability and systems to support the Authority’s following strategic principles:
[at least 50% of barring referrals online by Year 2 and 90% by Year 5 and 95% of applications made online by Year 5].’
Clause 1.2.1.1 which states:
‘The portal will be designed to accommodate different types of usages, ranging from very occasional (e.g. an Applicant requesting a Disclosure) to very frequent users (e.g. a Registered Body checking applications every day). To that effect, the user interface will be clear, intuitive and optimised for efficient use, as well as customised for each type of user (e.g. an Applicant will have a dedicated, simple user interface; whereas a registered body will have access to more functions).’
Clause 1.2.1.2 which states:
‘The portal will be designed to facilitate self-service:
Easy navigation throughout the website, via navigation toolbars, breadcrumb and easily accessible shortcuts;
Powerful search engine that will allow a user to find information anywhere on the site;
Guidance through contextual help, regularly updated FAQs, etc.
User profile management for users to manage their credentials, preferences and personal details;
Access to information such as previous applications, Case-related material, etc. stored in the document repository;
Access to business services & products such as Disclosure applications (basic, standard or enhanced), status checking, referrals, etc. The user journeys will be facilitated by wizard-type interfaces and online form validation; the Solution will also allow the users to save drafts and resume interrupted processes (draft applications will be stored in the secure database.’
In its Closing Submissions, DBS placed particular emphasis upon the requirements that the portals are clear, intuitive and optimised for efficient use, and customised for each type of user, as required by Clause 1.2.1.1.
- Heading
- CONTENTS
- IntroductiON
- The Factual Witnesses
- Expert Evidence
- Programming Experts
- Forensic Accounts
- The Parties Submissions
- Principles Applicable to Issues of Construction
- The Defendant’s Obligations and Responsibilities
- Clause 15
- Clause 9.5 which states
- Clause 14.5 of Schedule 2-6 which states
- The Delay and Notice Provisions
- Clause 7
- Conditions Precedent: Clauses 5 and 6
- Conditions Precedent: the authorities
- Clause 5.6
- Clause 6
- Clause 8
- Limitations of Liability
- A single or multiple caps?
- The Delay Damages cap under Clause 52.2.5
- Is TCS’s claim for loss of anticipated costs savings excluded by Clause 52?
- Compliance with Clause 5.3, Agreement and Estoppel Introduction
- Express Agreement
- Estoppel
- Introduction
- R1 B&B Delays
- Mr Britton’s First Analysis
- Mr Britton’s Second Analysis
- Conclusion on Mr Britton’s Analyses
- TCS’s submission based upon Mr Jardine’s analysis
- Responsibilities for Delay on the ‘Infrastructure’ Critical Path
- R1-D
- Compliance with Notice Provisions
- Analysis of Delays
- Up to August 2017
- From August 2017 to 19 September 2018
- Analysis
- Failed to confirm its desired functional scope of R1 Disclosure in relation to the Customer-to-Business portal and Accountable Officer’s Update Service functionality. Such confirmation was a prerequis
- Failed to make available an end-to-end test environment for the Interactive Voice Response system
- Failed to agree upon a data migration approach, without which the Claimant could not complete the build of a data migration environment so that anonymised data could be made available for testing
- Failed to ensure that relevant external stakeholders were available to participate in Final Systems Integration Testing
- Partial Termination
- TCS’s Claims
- Non-Manpower Costs
- Anticipated Cost Savings
- Summary of TCS’s Delay Claim Recovery
- DBS’s Claims
- Delay Payments
- R1-B&B Delay
- Disclosure Scotland Extension Costs – Item 1 of the Updated Schedule of Loss
- Loss of Anticipated Savings – Item 3 of the Updated Schedule of Loss
- R1-D Delay
- R0 Licence Costs – Item 4 of the Updated Schedule of Loss
- R0 Hosting and Infrastructure Costs - Item 5 of the Updated Schedule of Loss
- R0 Technology Refresh – Item 6 of the Updated Schedule of Loss
- R0 N-1 Sustainment Costs – Item 7 of the Updated Schedule of Loss
- R0 Maintenance Costs – Item 8 of the Updated Schedule of Loss
- Savings
- Introduction
- Quality-related Obligations
- Good Industry Practice and Defects
- Digital by Default Standards
- Section 71
- The Basics Portal
- Section 73
- The Barring Portal
- Section 75
- Section 76
- Barring Portal: Loss of productivity - Item 11 of the Updated Schedule of Loss
- LPF Portal
- Siebel Useability Issues
- Redaction
- Document naming, bundle creation and performance
- Adobe Licence (Item 20)
- Document Storage (Item 21)
- Other B1 Barring Quality Issues
- Scan on Demand
- Special Characters
- Letters
- Item 24 : Loss of Efficiency Claims arising out of R1 Barring Quality/Useability Issues
- N-1 Sustainment Costs
- Causation and Loss
- Exit/Service Transfer
- Identification of all services (3.2.2)
- Knowledge Transfer (3.2.6 and 3.2.7)
- Section 95
- Providing all documentation to a replacement contractor (3.2.1 and 3.2.10)
- The identification of all leases, maintenance agreement and support agreements in connection with the provision of the services (3.2.3)
- Providing any other information or assistance reasonably required by a replacement contractor (3.2.14)
- Causation and Loss
- The Security Incidents
- The Charges Variation Dispute Introduction
- Issue 1: How the amount of an ‘over-recovery of the Forecast Revenue’ (Clause 2.8.4) or ‘under-recovery of the Forecast Revenue’ (Clause 2.8.5) is to be measured
- Section 104
- Issue 4: How Clause 2.8.5 of Schedule 2-3 applied to Volume Based Service Charges in Service Year 5
- Issue 2: Whether the Predicted Volumes for Basics in Service Year 4 were 1,000,000 (TCS’s case) or 320,374 (DBS’s case)
- Conclusion on Volume Based Service Charge
- Conclusions