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Dr Sam De Silva discusses the role of continuous improvement in contracting In certain circumstances it may be appropriate, and even desirable, to allow the service provider to share in the costs benefits of a continuous improvement change.One of the challenging areas to draft (and negotiate) in an outsourcing contract is the provisions relating to …
Continue reading "Drafting: Could do better"
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John Bennett assesses the possible reform of the private finance initiative A ‘call for evidence’ was made by HM Treasury, following increasing concerns about the long-term liabilities created by PFI projects and the significant windfall profits made by those in the private sector.This article looks at the proposed reforms of the private finance initiative (PFI) …
Continue reading "PFI: Private pockets"
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Jack Hayward reflects on a new spirit of compromise Generally, cases surrounding the replacement of injunctions with an automatic suspension have simply concerned the lifting of the suspension.When the Remedies Directive came into force back in 2009 I anticipated that there would be a flood of cases around procurement challenges (and anticipated a complementary torrent …
Continue reading "Update: Oil on troubled waters"
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Helen Rose and Sean Ibbetson look at the lessons to be learned from Medirest Contracting parties may need to consider the effect of an obligation to act in good faith even where they have not agreed an express obligation to that effect.Obligations in commercial agreements to act in good faith are now common, particularly in …
Continue reading "Contract: Keep the faith"
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Sherree Westell points out some pitfalls in the drafting of software procurement contracts Suppliers may include generic or high-level descriptions in their standard form contracts and clearly, to avoid any mismatch in expectation, such descriptions will need tailoring to reflect any pre-contract discussions and ensure both parties are entirely satisfied.In recent years, the provision of …
Continue reading "IT: Software slip-ups"
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Catherine Wolfenden and Ashley Morgan consider the treatment of abnormally low tenders in public procurement An authority cannot reject the tender without seeking clarification of any areas that seem unusually low and evaluating the bid on the basis of the response it receives.In a climate of ever-tightening budgets for public authorities, when a bidder comes …
Continue reading "Tendering: Looking a gift horse in the mouth"
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Julian Yew highlights the key areas of change in TUPE for those involved in commercial outsourcing There does not appear to be any exemption for service provision changes affecting a small number of employees of a large organisation.In January 2013, the government issued a consultation paper on proposed changes to the Transfer of Undertakings (Protection …
Continue reading "Outsourcing: Commercial confusion?"
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Jack Hayward sets the scene for the new year in procurement The inquiry also found that, in seeking to run the complex and, in some respects, novel ICWC franchise process, there was an accumulation of significant errors resulting in a flawed sizing process for the subordinated loan facility. I read the other day that the …
Continue reading "Update: Death of the typewriter"
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Dr Sam De Silva reviews the uses of benchmarking Lack of the comparability in the benchmarking is probably the largest source of criticism and dispute in the benchmark process. In the technology industry, where standards of quality tend to rise and costs continuously decline, companies that outsource often seek assurances that market prices and service …
Continue reading "Contracting: Setting the standard"
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Al Goodwin considers how a new approach to integrated commissioning might affect current UK procurement law and practice Moving beyond purely legal considerations, the sheer novelty of the Integrator Model poses problems for procurement teams tasked with setting up such a model. As we head (slightly damply) into 2013, new year’s resolutions possibly already crumbling, …
Continue reading "Practice: Great to integrate?"
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