15.5.1  Electing to market test

(a)  The private party may be required to market test the Reviewable Services where:

(i)  the cost difference between the then existing price and the efficient alternative service provider cost, calculated in accordance with section 15.3(b) above (in the case of benchmarking) or the private party's offer (in the case of review in accordance with section 15.4), is greater than a specified percentage;

(ii)  government elects to market test;

(iii)  the outcome of any dispute resolution process recommends market testing; or

(iv)  in the case of review in accordance with section 15.3 above, government rejects the private party's offer or the private party does not make an offer in the required timeframe, or the parties fail to reach agreement within the exclusive negotiation period.

(b)  The private party must continue to provide the services during the market testing process, and during any negotiation or dispute resolution process, on the same terms as the previous interval.