The newly revised contracts were published on 21 February 2025, and are available here:
Each page includes the new contract template. Additionally, for the MSC and Mid-Tier, there are guidance documents that outline the key changes that have been made. We would encourage you to read these documents before using the new templates.
The updates to the Model Contracts come at a crucial time as the UK Government seeks to modernise its procurement processes and ensure compliance with the latest legislative requirements. The Procurement Act 2023 introduces several significant changes aimed at improving transparency, efficiency, and accountability in public procurement. These changes are reflected in the revised contracts, which have been designed to provide greater clarity and flexibility for both contracting authorities and suppliers.
Key Changes
The key changes made to the Model Contracts are as follows:
- Reflecting updates from the Procurement Act 2023 and associated regulations;
- Revising as required by PPNs, including those that have been withdrawn, added, or reissued;
- Incorporating revised Security provisions;
- Making the MSC more modular, which includes a new Front Sheet and the removal or reordering of Schedules;
- Incorporating updates to reflect the latest UK & EU 'adequacy decision' regarding the US, including potential mechanisms for transferring and protecting personal data;
- Clarifying TUPE requirements and obligations, ensuring the TUPE / Staff Transfer Schedule aligns with the rest of the contract and avoids conflicting obligations;
- Amending the drafting on delay payments to align the contracts, and removing the concept of advanced delay payments;
- Revising the due diligence provisions to clarify that the Supplier must undertake this due diligence and cannot rely on allowable assumptions to excuse itself
- from its due diligence responsibilities, as well as making it clear Suppliers can only rely on agreed allowable assumptions;
- Providing further clarity on what the Charges cover; and
- Updating the definition of Supplier Staff.
Conclusion
DWF is grateful to have been entrusted with assisting in this complex and significant work. Use of the template documents (in particular the MSC) is likely to require legal advice for proper use. We recommend seeking support from your Legal and Commercial teams. If further assistance is needed, our DWF experts are readily available to help.
Additionally, please join our webinar on 18th March 2025, titled 'Preparing Contracts that Comply with the Requirements of the Procurement Act 2023.' This session will provide practical guidance and outline the necessary changes required to your standard form contracts in light of the 2023 Act.
