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.

Private finance for infrastructure - NAO Insight

The NAO recently published a lesson learnt report regarding the use of private finance for infrastructure. With private financing of national infrastructure likely to return, it is essential we all learn lessons from previous PFI and PF2 contracts.

https://lnkd.in/eA2AfFgV

  • However, the reality may be that the most critical lessons that can be learnt are still to come to the fore, and without the learning of the next 5-10 years we may end up introducing the same risks in the future, before we are aware they are risks today.

    From a personal perspective, lesson 10 regarding the criticality of contract management throughout the life of the contract chimes with our experience of current challenges. We would note however that even with diligent contract management, if contract structures are not set up to be effectively managed, even with the best expertise any new projects may suffer the same difficulties as much of our current PFI portfolio.

What to do about the NHS's Capital Drought - Podcast

I listened with interest to the HSJ's podcast of the 11 April "What to do about the NHS's Capital Drought". The podcast follows the HSJ's revelation of the amount of aborted fees resulting from the Government's decision to reshuffle the new hospital programme.

https://lnkd.in/dMNYMFgt

  • The discussion then moved on to considering whether the tide is turning back towards some form of PFI to fill the capital gap. According to the podcast the DHSC is keen for the return of private sector capital in some form whereas the Treasury not so. The piece also speculates whether the changing of the guard at NHSE will affect the chances of a return of a form of PFI; Amanda Pritchard expressed her support for the idea just before she left; Jim Mackey has had his own experience with a PFI project. Let's see if anything transpires in the course of the next few months and in the meantime, I continue to ponder whether PFI was a good idea badly executed or just a bad idea.