Area for improvement
|
Comments raised by the Reference Group
|
Proposed Action
|
|
1
Inconsistency in the use of contracts and associated paperwork used.
Lack of clarity about the meaning of some clauses.
|
Preference to continue with model contracts and to develop understanding of common clauses
|
The Council’s normal practice will be to issue three year block contracts, with the option of a three year renewal unless there are exceptional circumstances. Also, production of the following corporate documentation:-
· updated model block contract;
· Model framework agreement;
· Procurement Framework for social care and support services to be amended in line with the Supporting People Procurement guidance, and;
· Clarification of the legal implication of duty to care and duty of care, tendering and commissioning process.
|
2
Contract Renewal Versus Re-tendering
|
Much of the review was dominated by concern amongst existing providers who believe the review was taking too rigid a view on the interpretation of this guidance. There was particular concern in relation to the impact of tendering an existing service on vulnerable service users.
|
The Council is developing a Procurement Risk and Quality Assessment. It is a tool to be used in the last year of the contract to help officers make a judgement about whether a contract should be renewed or re-tendered. It will look at issues such as strategic fit, value for money, vulnerability of services users and likelihood of a procurement challenge.
|
3
Ensuring service user voices are heard
|
Thought needs to given to the involvement of service users within the tendering processes and also into how their views are captured about both the method of monitoring services and collection of their views about the quality of the services they receive.
|
Service users to be more involved in the commissioning, development of tender evaluations, and development of monitoring framework for services as appropriate.
Involvement of service users in any plans for the development of self directed support (as described in item 2.11 of the main report).
|
4
Understanding of compliance with legislation
|
The reasonableness of some of the model “business” clauses relating to issues such as insurance and indemnity were questioned.
|
Clauses have been revised and will be standard in all contracts.
|
5
Administration and financing of contracts
|
Voluntary sector providers are seeking Full Cost Recovery and all providers are looking for payment of annual inflation.
|
The issues of full cost recovery and reserves are to be addressed by action by Compact partners and other interests in the City Funding Strategy. The Council’s response to the Strategy also suggests an approach on this issue.
The Council will report annually in September on the previous financial years spend. This will be broken down by provider and department.
The Council develops an approach to payment of inflation which is open and transparent.
|
6
Monitoring and Review of Contracts
|
Concern that the Council is inconsistent in its approach to monitoring and reviewing contracts, recognising there are already some systems in use and that the E.C.C.O. system provides an effective volume measure.
|
Development of a corporate approach to monitoring which focus’s on quality and service user outcomes. The tools used will be developed locally, and will help to monitor individual services while also monitoring progress towards strategic objectives.
|
7
Council Contract Liaison Officers
|
Request that the Council has only one liaison officer to undertake the monitoring duties even if more than one Department funds a contract.
|
One Council Officer will have lead responsibility for liaison between the Council and provider even if several Departments have an interest.
|
8
The resources required to tender for service
|
Concern about the time needed by providers and Council to put a service out to tender
|
Development of a four year plan for advertising social care and housing support contracts.
|
9
Single Payment Syste
|
Providers are keen that there is a single payment process for individual contracts and that systems are streamlined.
|
Payment arrangements are harmonised and there is a gradual move to payment monthly in arrears on submission of invoice either by agreement or when a service is tendered.
|
10
Consistency in tender approaches
|
There has been an inconsistent approach to providers being involvement in evaluating tenders and awarding funding.
|
The Council’s Standing Orders (paragraphs 82 and 85) give delegated authority to the relevant Head of Department for choosing and accepting successful contracts up to a value of £1 million. It is recommended that there is no change to this arrangement.
|
