Contract management

When it comes to public procurement, it is essential that procurement procedures are carried out properly to ensure that the procurement process itself complies with the provisions of public procurement law, and that the resulting contract is well-drafted and clear.

Equally important, however, is effective contract management throughout the contract period. If contract management is lacking, there is a real risk that the benefits of thorough procurement preparation and well-structured contract terms may ultimately bring little or no value to the contracting authority.

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Effective contract management helps ensure, among other things, that:

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• the contractor’s obligations are enforced,

• quality is in accordance with the contract terms,

• payments are made in line with the contract,

• any changes to payment terms comply with the contract,

• communication between the parties is properly documented,

• contractual monitoring and supervision are implemented,

• contractual breaches are addressed appropriately,

• agreed remedies for non-performance are not lost due to inaction,

• amendments to the contract are made correctly,

• the contracting authority fulfils its notification duties related to contract changes,

• and contract closure is professionally prepared.

 

Public procurement laws and regulations are, in many respects, both detailed and complex. They do not only apply to the procurement process itself but also govern the execution of contracts throughout their term. Breaches of procurement rules can have serious consequences for contracting authorities. According to public procurement legislation, a contracting authority may be liable to pay damages for losses incurred by companies as a result of such breaches.

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Consensa offers active contract management tailored to the needs of each individual client and adapted to the nature and scope of the contract in each case.