Strategic Review of Major Project Procurement Models to Align with Frontier Shift Efficiency Ambitions of Ofwat in the New Legislative Landscape

Phase 1: 'As-Is' Analysis (5 days)

Undertake a detailed diagnostic review of the two major project procurement contract documents provided by Ofwat, including the Thames Tideway model. The analysis will map the existing contractual provisions against key metrics, including:

• Incentivisation of collaborative behaviours and innovation.
• Risk allocation and dispute resolution mechanisms.
• Competence of duty holders.
• Data management, performance monitoring, and data recovery requirements.
• Alignment with social value and wider public benefit objectives.
• Compliance with the new legislative landscape.

Phase 2: 'To-Be' Framework Definition (5 days)

Drawing on expertise and targeted research, define best-in-class 'to-be' procurement wording. This wording will be synthesised from current UK industry practice and thought leadership, focusing on achieving Ofwat's strategic goals for:

• Accountability & Productivity: Incorporating principles from Integrated Project Delivery (IPD) to align commercial interests and drive efficiency.
• Value for Money & Asset Performance: Defining mechanisms for establishing a 'digital data truth' through Common Data Environments (CDEs) and the 'golden thread' concept, enabling robust, whole-life asset performance monitoring.
• Social Value: Embedding the Procurement Act's shift to 'Most Advantageous Tender' to ensure competency and social value are a measurable and managed outcome.
• Legislative Compliance: Ensuring the framework is fully aligned with the specific requirements of the PA2023, ECCTA, and BSA.

Phase 3: Gap Analysis & Action Plan Formulation (20 days)

In the final phase, bring the findings together to provide Ofwat with a clear path forward.

• Conduct a systematic comparison of the 'as-is' analysis with the 'to-be' framework, producing a detailed gap analysis that highlights areas of misalignment and opportunity.
• From this, develop a pragmatic and prioritised set of recommended actionable terms for use with NEC4. This will provide Ofwat with a set of usable terms to bridge the gap between the current state and the desired future-ready model.
• These terms will be the subject of 2 x 1 day workshops facilitated to reflect Ofwat and industry consultation.