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Contract Management, Performance and Monitoring

A key challenge facing the public sector is finding the resources for the effective management of PFI arrangements. A significant part of the management of the operation of the Project Agreement is ensuring that the public sector receives the services it is paying for.

We have assisted numerous public sector clients with ensuring Project Company compliance with the repair, maintenance and lifecycle obligations through our thorough and detailed monitoring service . We have seen that many substandard issues evident within PFI facilities have not been  identified through the Project Company’s own monitoring, are not reported to the helpdesk, and those that are reported often lack adequate follow-through, resulting in reported matters being closed on the helpdesk without actual rectification. Intermittent reporting by Project Companies to their public sector clients, and insufficient detail, obscures the true status of a facility, making it difficult to identify areas for improvement or enforce Project Co compliance. This results in the public sector paying for a service which can be significantly below the standard specified in the relevant contract.

To combat these issues for our clients, we undertake site visits to check Project Co’s compliance with the Project Agreement, documenting any visible issues which can often give rise to deductions from the fees payable. The issues we identify (including photographs we have taken) are recorded on our bespoke monitoring platform. This platform is then updated each time further monitoring takes place at the facility so that we have a complete and accurate log of whether Project Co is fulfilling its contractual obligations.

Our records then act as a reference point when reporting to the Helpdesk, ensuring Project Co are aware of each issue within the site, and are therefore on notice to rectify them. If Project Co fails to undertake remedial steps, we can calculate the deductions on behalf of our clients, which can ensure the public sector pays appropriately for the services and facilities provided.

Our monitoring scheme applies pressure on Project Co to raise the standards of service delivery for our clients. In cases of persistent non-compliance, and where further action is required, our monitoring service ensures we have the necessary evidence to successfully challenge Project Co via the relevant dispute resolution procedure.

A regular, ongoing , detailed review of public sector facilities provides a clear and accurate picture of Project Co performance in relation to its obligations under the relevant Project Agreement, increasing transparency, accountability, and compliance.

The successes of our unique monitoring services:
  • Our team has worked onsite at numerous NHS hospitals capturing in each instance over many hundreds of photographs and descriptions of visible issues within PFI facilities, and have assisted each Trust in reporting these issues to their contractor’s Helpdesk;
  • We have successfully acted on an expert determination regarding Project Co’s reactive maintenance obligations. The evidence our monitoring team had gathered during each site visit was crucial in demonstrating Project Co’s failure to rectify issues recorded to the Helpdesk. It subsequently led to a remediation programme and the application of deductions.
  • Our team have experience working onsite in schools, with one of our clients applying significant deductions to the Service Fee in the first month of utilising our monitoring service due to our assistance in documenting and reporting issues to the Helpdesk.

Contact a specialist

Melanie Pears

Partner | Head of Public Sector

+44 (0) 330 137 3451

+44 (0)789 987 8424

Email Melanie Pears

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Sara Acheson

Director | Public Sector

+44 (0) 330 137 3452

+44 (0) 783 457 3311

Email Sara

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Phoebe Lea

Solicitor | Commercial

+44(0) 330 137 3456

+44(0) 784 525 6497

Email Phoebe

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Meet the whole team