Emerging best practice

Pre-procurement

Greater accessibility and awareness of commercial terms.

During market engagement, be clear about what is wanted, or where this is still to be defined.

Agree requirements with internal stakeholders.

Procurement

Carry out procurement in line with supplier expectations.

Agree clear heads of terms to understand what should be negotiated up front.

Drafting

Ensure that contracts are simple, accessible and easy to read.

Produce a 'contract summary' or define main terms that may sit alongside the contract.

Use standardised contracts or standardised contract terms where ever possible, and make clear where the contract has not used standard terms. This also allows more time to be invested in developing specific contact terms that may be more complicated.

Use worked examples to help explain how contract provisions work.