You might have thought, given the reduced Family supplier base – though not necessarily achieving the “fewer larger suppliers” they have wanted for such a long time – that the tone of the relationship might change.
For the avoidance of doubt, you will be required to deliver both the volume and breadth of services for which you have tendered. The delivery of new matter starts (NMS) is a key performance indicator (KPI) under your contract and breach may result in contract sanctions (including termination, where appropriate). Failure to deliver in accordance with your tender will also be taken in to account in any future tender exercises.
And these are the lucky ones.
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So lets work this through then. On appeal you receive your allocation of NMS but in accordance with the LSC’s updates they won’t be reducing the number of NMS’s or taking contracts away from suppliers who wouldn’t have received a contract if the LSC had got it right in the first place. Therefore if they had got it right you would have complied with the KPI but now because the LSC got it wrong and you can’t supply the number of NMS’s ( more suppliers than there would have been if the LSC had got it right) its your fault and you’ll lose the contract!
From the latest FAQ on Contract Verication
http://www.legalservices.gov.uk/civil/tendering/civil_contracts_for_2010.asp
3.2 I am concerned that I will not be able to deliver all the matter starts that I have been allocated, what should I do?
If you are in any doubt as to whether you can deliver all your matter starts, please contact us through the message board and let us know how many you would like. We will then adjust your total. It is important that you receive the right allocation at the start of the contract.
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