Commissioning Possible
Our experience with commissioning • Supporting organisations to bid for contracts • Supporting public sector bodies to engage with VCSE organisations • Developing consortiums • Procuring providers to work with communities • Managing contracts
The commissioning cycle
Public Contracts Regulations 2015 • Introduction of the Light Touch Regime (LTR) • Emphasis on engaging with the market pre- competition • Financial standing • Lots • Contracts Finder • New regulations to reserve contracts for mutuals /social enterprises, however…
Which process/es apply?
Qualifying conditions (Reg 77): • has a public service mission linked to the delivery of the services. • reinvests profits in order to achieve its objectives (and any distribution must be on a participatory basis). • involves a degree of employee ownership or participation in management or requires the active participation of employees, users or stakeholders. • the authority has not awarded it a reserved contract for the services in the past 3 years.
Remember… • Regardless of the process the following principles apply: o Transparency o Non-discrimination o Proportionality o Mutual recognition (between EU states to allow for free movement of goods) • The PCR applies to contracts, not grants
Reviewing services
Reviewing services • If you’re already delivering a service you have an ability to shift the thinking of a commissioner • Be clear about challenges and unexplored opportunities • If you’re not an incumbent be positive about your delivery but be careful about pitching for work • Create the conditions where you can bid • Recognise constraints and the changing environment and establish expertise
The commissioning cycle
Assessing needs and priorities
Assessing needs and priorities • Commissioners may formally issue a call for evidence • Be careful about how evaluation may be seen: 1. Issue X is a problem 2. Process Y is the solution 3. We deliver solution Y 4. So fund us • A pitch for work may discredit the evidence • Let your evidence stand on its merits – imply steps 3 & 4 • Create the conditions for a successful bid rather than directly pitch
The commissioning cycle
Specifying services
Specifying services – design challenges • Commissioners face constraints o Public Contracts Regulations o Funding cuts o Decommissioning o Fit with the broader system • Commissioners may not know what they want • Commissioners may have to buy services they don’t understand • Nervous commissioners may over-specify
Specifying services – market scoping • Some commissioners have a better understanding of market provision than others • Some may go to market without any understanding of who is likely to be willing to deliver • It’s important you try to understand the market you’re in • Information asymmetry can create imbalances of power in markets
Procurement
Procurement – before bidding • What the commissioner wants to buy is more important than what you want to sell • Don’t see the invitation to bid as a way of securing funding for an existing service • Apply your skills and assets to solving their problem • Don’t work for a bad client • Read the specification • Ask questions and get clarification • Develop a bespoke delivery model that meets the specification
Procurement – when bidding • Ask questions • If you think there’s something wrong or unfair with a process then raise the issue when it emerges – you can’t complain after the process has run its course • Ask questions • Don’t submit the bid on the day of the deadline • Ask questions
Procurement – common errors • Talking about your organisation rather than the proposed service • Talking about things that are important to you, not the commissioner • Not giving examples • Not using available space/too many words • Bad editing • Irrelevant information in proposals • Overselling/underselling • Information not specific enough
Procurement - track record Don’t just list achievements. For any example given a panel is likely to ask: • So what? • Is there proof? Quality and relevance is better than quantity and breadth Avoid saying “we have links with” if you can be more specific about the relationship
Procurement – track record • How you will apply your track record is critical • Your track record is often in your staff rather than the organisation • You can buy a track record with good recruitment • Organisational processes • In house training
Procurement – the problem with large organisations • Is the commissioner important to them? • Organisational changes can overpower local relationships • Are they too rigid in their approach? • Brand awareness can be a negative • Distant management/governance • Development teams don’t manage services • Track record across the organisation isn’t as convincing as may be assumed
Partnerships • The commissioner may want a lead contractor who will be accountable for other delivery partners • All partnerships need management • Think about how organisations will work together and how boundaries between organisations will be managed • Think about the impact of diverse systems (eg complaints, HR, accounting, recruitment)
3 organisations
6 organisations
6 organisations
Procurement - risks • Recruitment risks – can you hire a member of staff? How long will it take? What happens if you can’t appoint • Management risks – cost of partnership working/is there understanding of the delivery environment • User engagement risks – it’ll often take longer than is assumed/is there an ability to flex delivery or change the approach/’people like me’ issues
Procurement - feedback • Feedback is constrained • Commissioner can’t reveal contents of other successful/unsuccessful bids • Too late to complain about aspects of bidding process other than assessment • Be positive and seek informal feedback
Delivery
Delivery challenges • Partnership issues – management and relationships • Providers getting into difficulties with other work • Monitoring and evaluation under-resourced • Administrative challenges • Staff changes • Issues with sub-contractors All these issues can affect the way the commissioner buys in future
Overall
Overall • What does the commissioner want to buy? What problem do they want solved? • How can you help them? • Is the work deliverable? • Have you done this before? • Who else will bid? • Do you want to work for them?
Led by: Greater Manchester Centre for Voluntary Organisation St Thomas Centre Ardwick Green North Manchester M12 6FZ T: 0161 277 1000 W: www.ambitionforageing.org.uk
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