The 2017 Crime Contract & Tender The 2017 Crime Contract & Tender
The 2017 Crime Contract & Tender Contents • The Tender • The 2017 Contract
The 2017 Crime Contract & Tender The Tender - Overview • What needs to be submitted • How to successfully complete the tender • The procurement requirements • Completing and uploading the attachments
The 2017 Crime Contract & Tender What needs to be submitted • Organisation ITT • One or more individual ITTs • Input directly onto portal • Inputting text into a spreadsheet • Timetable
The 2017 Crime Contract & Tender How to successfully complete the tender • Manage my profile • Organisation ITT • Organisation & Contact Details • Grounds for Mandatory Exclusion • Grounds for Discretionary Exclusion • Crime Contract (Procurement) Requirements • Declarations
The 2017 Crime Contract & Tender Completing & Uploading the Attachments • Supervisor form • Indemnity form • SQM / Lexcel certificate • Uploading the forms
The 2017 Crime Contract & Tender Submitting the bid – some tips • Failure to respond • Not checking tenders that have been ‘submitted’ • Not asking others for help • Not checking that at least two ITTs have been submitted • Leaving it late • Browser
The 2017 Crime Contract & Tender Annexes • Summary of FAQs • LAA FAQs with additional views from DG Legal • Supervisor standard form with guidance
The 2017 Crime Contract & Tender The 2017 Crime Contract
The 2017 Crime Contract & Tender 2017 Standard Crime Contract & Specification : composition • structure of the old 2010 contract • bits from the pre 2010 contracts • bits of the failed 2015 two tier contracts • a bit of ghost busting • more detailed performance requirements • more onerous record keeping requirements
NO SUBSTITUTE FOR READING THE CONTRACT THE SPECIFICATION https://www.gov.uk/government/publications/standard-crime-contract-2017 IFA FAQ https://www.gov.uk/government/publications/legal-aid-crime-tender-2017
Clause 1 Interpretation / definitions of terms “Case” means all the work carried out under this Contract in Criminal Proceedings and Prison Law for all Clients represented by you in those proceedings in respect of: one offence (that is an offence for which the Client is charged or summoned or otherwise required to appear in court); or more than one offence, where one or more charges or informations are preferred or laid at the same time; or where the offences are allegedly founded on the same facts or form part of a series of offences; “ Contract Work ” means the work that you may perform for Clients in the Category or Categories of Law and/or Class(es) of Work specified in your Schedule(s) and the Specification under, or by virtue of, this Contract; “ Contract Report Form ” means such form as we may specify (in any format we specify, including electronic format) for making claims or for providing information about you and/or this Contract including, Contract Work, your performance under and compliance with this Contract or your legal status and constitution;
“ Employee ” means an individual who undertakes Contract Work on your behalf and who: is a director, member or partner of your organization; or holds a contract of employment with you; and …. has employment rights…. For the avoidance of doubt, individuals who are self- employed, independent contractors or hold a contract for services do not meet this definition. “ Supervisor ” means an Employee of your organization who actively supervises staff and meets all the Supervisor standards in Section 2; "Designated Fee Earner" means a person who is designated by you to undertake Contract Work under this Specification (including Agents) in accordance with Paragraphs 2.27 to 2.33; “Caseworker” means an employee who is not a Supervisor, but who is a fee- earner who regularly undertakes criminal defence work to whom a specific caseload of Contract Work is allocated and is responsible for the progression of those cases, within their specific caseload, under supervision. Caseworker includes paralegals;
Clause 2: Relationship and communication Clause 2.2 You shall ensure that neither you nor any of your Affiliates embarrasses us or otherwise brings us into disrepute by engaging in any act or omission which is reasonably likely to diminish the trust that the public places in us, regardless of whether or not such act or omission is related to your obligations under this Contract. Any operation of this Clause is subject to our obligation to act as a responsible public body and any sanction must be proportionate . Clause 2.10 As well as a postal address or DX number and telephone number, you must have at least one operational email address/account, which must be able to send and receive emails, which may contain sensitive information , over the Government Secure Intranet;
Service Standards [para. 2 Specification] Supervisor Ratio requirements re how many Designated Fee Earners [DFEs] or caseworkers supervised: • Supervisor undertaking only prison law supervision: may supervise up to a maximum 6 DFEs / caseworkers • Otherwise: a Supervisor of Investigations/Proceedings , Appeals, Prison law may supervise up to a maximum 4 DFEs caseworkers [ 2.29 -2.30 ] • A provider must Employ at least one Full Time Equivalent Supervisor who meets the supervisor standards set out in Paragraphs 2.22 to 2.25. • Supervisors who qualify may act as a Supervisor for more than one Class of Work. [2.6 ]
Eligibility to be a Supervisor [Specification paras. 2.15 - 22] All Supervisors must meet one of the following supervisory skills standards : (a) have supervised at least one FTE DFE/Caseworker in the relevant Class of Work for at least one year in the previous five year period; or (b) have completed such training covering key supervisory skills LAA approve from time to time in the previous 12 month period; or (c) have achieved Level 3 or higher NVQ standard (or any replacement from time to time) in supervising in the previous five year period. Guidance doc https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/5395 56/guidance-on-crime-supervisor-requirements-2016.pdf
Supervisors • Criminal Investigations and Criminal Proceedings Class of Work 2.20: Must during the Contract Period, have in the previous 12 months undertaken at last 350 hours of direct casework - may include direct (documented) supervision. If Supervisor works part-time: requirement is 1050 hours of direct casework which may include direct (documented) supervision in the previous 5 years 2.21 All Supervisors must have: (a) CLAS; and (b) a current non-conditional practising certificate for the previous three years; and (c) at any time during the Contract, in the previous 12 months have undertaken a minimum of 6 Police Station cases(of which no more than two can be Tel. advice where there is no subsequent PS attendance); (d) at any time during the Contract, in the previous 12 months have undertaken: (i) a minimum of 20 magistrates’ court Representations and advocacy [may include Representation of a Client during a magistrates’ ct duty session with one session counting as one Representation only); or (ii) undertaken a minimum of 10 magistrates’ court Representations and advocacy and five Crown Court Representations and advocacy
Supervisors • Criminal Investigations and Criminal Proceedings Class of Work [contd.] 2.7 Supervisors must work from one or any combination of your Offices. 2.8 Supervisors may act as a Supervisor at a maximum of two of your Offices 2.9 an individual may not act as a Supervisor for you if they act as a Supervisor for another Provider. 2.18 Each Supervisor must conduct file reviews for each DFE or Caseworker they supervise [no. file reviews must reflect the skills, knowledge/experience of f/e. Must record outcome of file reviews, together with the details of corrective action taken (if any). 2.19 If a DFE /Caseworker undertakes Contract Work in a location other than where their Supervisor is based, the Supervisor must conduct, as a minimum, face-to-face supervision at least once per calendar month.
Supervisors [ctd.] • Prison Law Class of Work 2.20: must have in the previous 12 months undertaken at last 350 hours of direct casework - may include direct (documented) supervision. If part-time:1050 hrs. direct casework which may include direct (documented) supervision in the previous 5 years 2.24 must have, in the previous 12 months, undertaken for you a minimum of four Representations for four Clients before the Parole Board or the Independent Adjudicator/Prison Governor. 2.25 A Supervisor in the Prison Law Class does not have to be legally qualified. However, he or she must meet the Supervisor standards the Specification. 2.7 Supervisors must work from one or any combination of your Offices. 2.8 Supervisors may act as a Supervisor at a maximum of two of your Offices 2.10 A Prison Law Supervisor may also act as a Supervisor for a maximum of one other Provider
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