Outsourcing & Procurement

The outsourcing of a whole range of activities is now common-place, to allow a company to concentrate on its real business. Procurement decisions can be strategically important as well as expensive and require considerable investment in time.

Outsourcing

We have broad experience in relation to outsourcing transactions, acting for both purchasers and suppliers, giving us an excellent understanding of the key legal and commercial issues that arise.

Key areas of advice include:

  • Preparation and negotiation of contract terms – whether for single transactions or in the development of standard documentation. We also assist suppliers with sub-contractor terms to ensure an appropriate flow-through of responsibilities and liabilities
  • Tender documentation
  • SLAs and other performance issues
  • Limits on liability
  • Pricing mechanisms
  • Dealing with variations
  • TUPE issues at the beginning, during and on termination of an arrangement and other employment and pensions issues

Typical transactions include:

  • IT infrastructure management
  • IT support services
  • Logistics and warehousing
  • Business processes such as billing, data capture, payment collection and other “back office” functions
  • Sales support eg mobile sales teams
  • Hospitality and catering
  • Facilities management
  • Event cleaning and management
  • Document management e.g. freight / export services

Procurement

We also advise businesses, procurement teams and others involved in purchasing on a wide range of transactions, whether they are looking to acquire goods and services as end-users or for onward supply, such as goods required for manufacturing or assembly processes.

Key areas of advice include:

  • Advising groups of companies on the structuring of central purchasing arrangements including the terms of framework and umbrella arrangements
  • Preparation and negotiation of bespoke contract terms
  • Preparing standard purchasing terms
  • Preparing tender documentation
  • Quality standards, compliance, SLAs and performance issues
  • Securing appropriate remedies in the event of non or delayed performance
  • Pricing mechanisms and cost controls
  • Ownership of intellectual property rights
  • Advising on public procurement and competition law issues including disputed tender awards
  • Advising on employment implications especially TUPE