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GLOSSARY

Contract management definition

Published by a LexisNexis In-house Advisor expert

What does Contract management mean?

The term ‘contract management’ strictly refers to the period after a contract has been executed and taken effect. Thus, it entails working to ensure that the terms and conditions contained within the contract are adhered to and that all of a party’s contractual obligations are met satisfactorily.

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Procurement Act 2023—key changes

Procurement Act 2023—key changes STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. Introduction The Procurement Act 2023 (PA 2023) is the new legislation that will govern public procurement. It will replace the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274, the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273 and the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011), SI 2011/1848. On 12 September 2024, the government announced that the go-live date for PA 2023 will be delayed until 24 February...

Audit of a new or existing personal data processor—checklist

Audit of a new or existing personal data processor—checklist This Checklist sets out key considerations a controller should typically take into account when conducting an audit for the purposes of evaluating the suitability of a prospective or existing processor of personal data under the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR). For further information about controllers’ obligations and engaging processors under the UK GDPR regime, see Practice Notes: • The UK General Data Protection Regulation (UK GDPR) • Key definitions under UK data protection law • Supply chains under data protection law—arrangements between controllers and processors Audits of processors Although processors subject to the UK GDPR have their own particular responsibilities under the legislation, controllers remain responsible for the processor’s processing of personal data under their instructions. Under: • the accountability principle of the UK GDPR: the controller is responsible for, and must be able to demonstrate compliance with, the data protection principles set out in Article 5(1) of the UK GDPR (which includes the...

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Preparing for the auditors—in-house lawyers

Preparing for the auditors—in-house lawyers One of the key dates in your organisation’s calendar is the date of the annual audit. An important part of the auditors’ role is to ensure that your organisation’s processes are fit for purpose. Central to that is your organisation’s approach to legal matters and legal risk. As an in-house lawyer, you need to prepare for the auditors’ visit because inevitably they will want to meet with you. While each audit firm has its own standard set of questions for in-house lawyers, the questions tend to follow certain themes, eg: • your risk register • litigation • applicable law and regulation • contracts • intellectual property (IP) • legal work process • your knowledge and experience Since joining your organisation, you have hopefully had the opportunity to meet with the key directors and heads of function. Those meetings will have given you the opportunity to find out more about many of the issues the auditors will be interested in. See Practice...

Collaborative procurement in the public sector—a short introduction

Collaborative procurement in the public sector—a short introduction STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. This Practice Note is a short introduction to the legal considerations that arise when public bodies join together to buy goods and services. It provides a summary overview of different...

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Outsourcing—contract management audit record

Outsourcing—contract management audit record Description of outsourced services [State nature of services, eg data entry, catering services] Outsourcing supplier [Identify the outsourcing supplier to which this record relates] Audit team [Identify the individuals within the customer business who are involved in the audit exercise, eg commercial leads, operational leads, in-house legal/general counsel, head of IT, finance, risk and compliance, head of HR] Name Role [Insert details] [Insert details] [Insert details] [Insert details] [Insert details] [Insert details] [Insert details] [Insert details] Date audit completed [Insert date] Audit record What service levels were the customer seeking to achieve by outsourcing? [Insert details] What service levels does the supplier typically achieve? [Insert details] Is the customer satisfied with the supplier’s quality of work? [Insert details] Is the customer satisfied that the supplier has implemented systems to identify and manage conflicts between the customer (and the customer’s clients) and those...

Contract audit process meeting with line manager—agenda

Contract audit process meeting with line manager—agenda 1 Attendees: [Insert name of line manager] [Insert name of in-house lawyer] [List any additional attendees] 2 Agenda Topic Required information Action owner Introduction: the need to conduct a contract management audit Outline of purpose of meeting:—to understand all the different procurement processes used in the organisation;—to understand the ways in which contracts are managed across the organisation;—to understand how the legal department can best support the organisation’s contract management processes;—to enable the legal department to create an effective legal process to support the organisation’s contract management process. [Insert name of in-house lawyer] Agree the best method of conducting the audit Impromptu hallway or office conversations.Conduct a workshop that includes a representative from each department of your organisation.Hold face-to-face meetings with directors and heads of function of each department.Discussion of:—advantages and disadvantages of each method;—sample question plans/workshop programme and meeting agenda [Insert name of line manager and in-house lawyer] Agree

Dive into our 13 Precedents related to Contract management

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

Can an agreement be terminated for frustration due to coronavirus (COVID-19)? What is the doctrine of frustration? If the contract does not include a force majeure clause or it does but the applicable force majeure event is not included, it may be possible for the parties to rely on the common law doctrine of frustration. A contract will be discharged by frustration if after formation, an event occurs which renders further performance of the contract impossible, illegal or something different from what was contemplated by the parties when entering into the contract. Frustration is not a straightforward doctrine to rely on, however, as it is dependent on interpreting the true construction of the terms of a contract in the context of the nature of that contract and the relevant surrounding circumstances when it was made. If there is a radical difference between the original contractual obligation and the performance that is possible due to a change in circumstances, the doctrine of frustration may apply. Successful reliance...

What guidance is available for contracting authorities on exclusion of bidders in public procurement?

What guidance is available for contracting authorities on exclusion of bidders in public procurement? Eligibility and selection in public procurement Contracting authorities conducting a public procurement exercise under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 may only select or exclude potential bidders by applying appropriate criteria in accordance with PCR 2015, SI 2015/102. In terms of exclusion criteria, potential suppliers may be excluded from participation in a public procurement exercise if they trigger certain exclusion grounds, or if they fail to meet certain minimum conditions for participation relating to their economic and financial standing and/or technical and professional ability. Ordinarily, suitability may be determined by asking potential suppliers a series of pre-qualification questions. Other than in an open procedure, contracting authorities may run a pre-selection stage in the procurement exercise using a selection questionnaire, and select a limited number of bidders to participate. For background reading, see Practice Note: Introduction to public contracts procurement, in particular section: Supplier suitability assessment. Bidders are required to...

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DHSC consultation response on regulations tackling modern slavery in NHS procurement

The Department of Health and Social Care (DHSC) has published the consultation outcome, and joint government response from DHSC and NHS England, following the consultation on the draft National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2024 and accompanying guidance. The proposed regulations require public bodies procuring goods and services for the NHS to assess modern slavery and human trafficking risk in their supply chains, and to take reasonable steps to mitigate that risk. The regulations are drafted to align with the rules in the Procurement Act 2023 and Provider Selection Regime and build on existing government policy as set out in Procurement Policy Note 009: Tackling modern slavery in government supply chains (PPN 009). The response confirms broad support for the proposed regulations and promises continued engagement on the development of further guidance before publishing the final regulations. The response also acknowledges support for wider reform, and efforts to strengthen and harmonise the government’s approach to modern slavery in government supply chains. Wider recommendations are being shared with the...

Public Law weekly highlights—6 February 2025

This week's edition of Public Law weekly highlights includes coverage of several key updates, including a landmark ruling on environmental rights from the European Court of Human Rights, plus the Strasbourg Court’s 2024 annual report. This edition also features a speech by Nick Thomas-Symonds, Minister for EU Relations, at the EU-UK Forum, where he outlined the UK’s pragmatic approach to strengthening relations with core pillars of national security, public safety, and economic growth, and a new Northern Ireland Scrutiny Committee, tasked with reviewing EU and UK legislation under the Windsor Framework and assessing its impact on Northern Ireland. Further included are expert case and news analyses, such as the reversal of family court judges’ anonymisation by the Court of Appeal in Tickle & Summers v BBC, and of a public procurement automatic suspension case, One Medicare. This edition also provides updates on Brexit SIs, post-Brexit transition guidance, Public procurement, State security and intelligence, Information law, Subsidy control and state aid, and Public sector contracts.

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