Working together
so you get what
you contracted for

We are a niche consultancy designed to advise public sector bodies on how best to manage their commercial arrangements to maximise value for money and minimise waste.

With a combined experience of over 50 years in public health management and commercial legal practice, we are hands-on advisers who know what it takes to effectively manage contracts and we have an in-depth understanding of the public sector. We provide practical advice and have been associated with the development of technology in the management of contracts for the last 10 years, enabling our clients to make real savings and reduce their commercial risk.

We have developed a bespoke methodology that focuses on people, processes and technology to ensure that we leave a legacy of sound commercial relationships that are fair, just and based upon data and evidence. Our objective is to always work in partnership with clients, embedding resources within their operations.

BAU

  • CM Support

  • Process  / people / governance

  • Commercial support

  • Market Testing

  • Variations

  • Commercial translation of legal provisions

  • Adjudications

  • Technology assessment and application

  • MES expertise

Reset & Expiry

  • DHSC CoBP process

  • Commercial support

  • PMO and project coordination governance

  • Collaborative approach

Distressed projects

  • Termination

  • Service transition

  • Contingency planning

  • Litigation support

  • Commercial negotiations

  • Standstill and Settlement Agreements
    working with lawyers

News

Contract management requirements under the new Procurement Act 2023

On the 24th February 2024, the Procurement Act 2023 (the “ACT”) came into force, introducing a greater focus on transparency, fairness and supplier performance into public sector contracts and, for the first time, an obligation on contracting authorities to actively manage contractor performance.

For example, in public contracts valued over £5m, the Act requires contracting authorities to set and publish a minimum of three key performance indicators (KPIs) to monitor supplier performance. They are also now obliged to report on the supplier’s performance at least once every twelve months and again at the end of a contract.

Furthermore, contracting authorities must now publish a poor performance notice if the supplier is in breach and that breach has resulted in either termination or partial termination, award of damages, a settlement agreement, or if the contracting authority simply considers that a supplier is not performing to their satisfaction.

Indeed, the publication of a poor performance notice may entitle any contracting authority to exclude that supplier from future procurements and furthermore, to terminate existing contracts.

In summary, complying with the new contract management requirements in the Act may present a challenge for contracting authorities, but will hopefully result in a more consistent and effective approach to contract management, not only reducing the risk of legal disputes, but promoting a culture of transparency in decision-making  which, in the long run will hopefully support a more collaborative approach between parties.

A contracting authority’s duty to comply with it’s contract management obligations is enforceable in civil proceedings, although it remains to be seen how this might work in practice.