Tenders Direct Blog

Comment from the experts at Tenders Direct.

Meeting social value criteria: 5 Steps

Posted by Gemma Waring on May 10, 2017

Social Value

The Social Value Act came out as legislation from 2012 and has recently hit the headlines again via the Crown Commercial Service.

The act concerns the benefits you, as a supplier, can bring to a public sector contract to improve the local area you are working in. This can be in many different forms such as providing apprenticeships, working on charitable projects or supporting local enterprise development.

From now on, social value is now becoming a weighted part of the evaluation criteria in tendering: what was originally 60% price and 40% quality will more than likely now be moving to 50% price 40% quality and 10% on social value. In fact social value might make up to 20% of the evaluation criteria as has been noted in the strategic approach of local councils such as Knowsley and Manchester.

Suppliers will also have to effectively manage and monitor their social value activity to prove the promises listed in their tender documents come to fruition.

How do you prepare for social value evaluation?

  1. Understand the concept: Some suppliers fall into the trap of thinking they can shoehorn their existing environmental and sustainability actions to fit and this will rarely prove effective. Read these examples from the Crown Commercial Service to gain an insight into social value in practice
  2. Engage with your key buyers: Ask direct questions pre-procurement such as ‘What are your important areas of work in social value?’ You might find synergies between buyers and your company ethos.
  3. Look at your work: Sometimes suppliers may be fulfilling the social value criteria but don’t record it or recognise it. For example: Do you employ locally? Support local suppliers in the supply chain? Offer apprenticeships? Do any community or charity work?
  4. Look at gaps and practicalities of implementing new processes: Suppliers need to fill in any gaps they have in social value activities. But, think through the implications of any additional social value measures you might want to put in place. For example, offering apprenticeships will affect your HR team, line managers and the wage bill.
  5. Document it: Your social value activities are only as valuable as your ability to prove you have done them and that they have been effective. You need to have case studies, data and statistics to quote in your tenders to demonstrate that you have done what you said you would and that it has made a positive impact socially.

 

Here are some additional sources of info on The Social Value Act:

https://www.gov.uk/government/publications/social-value-act-information-and-resources/social-value-act-information-and-resources

http://inspiringimpact.org/

https://socialvalueportal.com/social-value-taskforce/

http://www.socialvaluehub.org.uk/

If you require any further support or guidance leave us a comment or get in touch 01224 650 772 or email gemma@millstream.eu

Posted in Uncategorized | Leave a Comment »

High Speed 2 – A whole fleet of opportunities

Posted by David Law on April 27, 2017

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Unless you have been living under a railway bridge for the last 10 years, you will know that in 2010 the UK Government approved the plan to create High Speed 2 (HS2): a high speed railway from London to Manchester/Leeds.

Off the rails? Most definitely on. HS2 will shrink the travel time for many commuters and travellers between the cities in the Midlands and London, and for freight by improving lead times on deliveries, that in turn improves customer satisfaction (railtechnologymagazine.com).

HS2 will be one of the most ambitious projects undertaken in this country in recent years. The venture will create tens of thousands of jobs and generate billions of pounds worth of contract opportunities for suppliers in many fields. With 2026 the deadline date for HS2, what have we seen so far in terms of opportunities?

A tender has just been published looking for a supplier to provide them with 54 new high-speed trains along with maintenance, servicing and refurbishment for an initial 12-year period.  This tender is worth £2.75 billion and has the option to be extended for the entire design life of the trains. Read the rest of this entry »

Posted in Construction Tenders, General Procurement, suppliers | Tagged: , , , , , | Leave a Comment »

Accepting Electronic Submissions – what does it mean for buyers?

Posted by emilypirie on April 17, 2017

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From the 18th of April 2017, all Central Purchasing Bodies (CPB) will only be permitted to accept electronic submissions to procurement exercises. By September 2018 this requirement will be extended to all public contracting authorities. Whichever type of buying organisation you are, you’ll need to be aware of what this means.

What is a CPB?

This is defined as a contracting authority that acquires goods or services intended for one or more contracting authorities (“buyers”). Examples of CPBs include The Crown Commercial Service, The Scottish Government and APUC (Advanced Procurement for Universities and Colleges) as they procure on behalf of multiple contracting authorities.

What counts as an electronic submission?

Regulation 22 of the Public Contracts Regulations 2015 tell us what we need to know. The main thing to clarify is this – e-mails do not count as electronic submission. Electronic submissions must use a tool where the exact time and date of submission is provided. In addition to this, only authorised persons can access the data and therefore no one has access to the data transmitted prior to the deadline.  Electronic submissions must also include a tool to clearly detect infringement or any attempt of infringement of the access prohibitions.

There are a number of benefits to electronic submissions for both the buyer and the supplier:

  • Everything is automatically time-stamped and fully auditable
  • Reduced costs
  • Reduced impact on the environment
  • Quicker and more streamlined process on both sides of the procurement

So what does this mean for buyers?

Moving on to an e-procurement portal would benefit all buyers as it allows them to run procurement processes in compliance with the EU Directive and UK Regulations on Public Procurement by:

  • Attaching documents to their tenders
  • Allow the submission of tender documents
  • Allow one-to-one interaction with the suppliers

Want to find out more?

If you are a contracting authority, myTenders PRO is the ‘go to’ e-procurement portal for publishing contract notices. Our portal can facilitate electronic submissions to make sure you are compliant with these new regulations, and those that will come into place for all buyers in the future.

Call us on 0844 561 0670 or visit our website to find out more.

myTenders logo

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Developing a bid strategy in a challenging marketplace

Posted by Gemma Waring on April 12, 2017

Strat Blog

Set your own strategy – be proactive not reactive when tendering.

 

Recently, Millstream highlighted the strength of Virgin’s approach to business development in our article featured on Energy Voice’s website. Virgin have championed diversification across sectors to generate more business opportunities: taking people to space, running the railways and providing healthcare services are just a few examples of Virgins product range.

This approach to business has resulted in staggering financial rewards for Virgin and other companies who are able to operate as primes in the prime/sub model.

The prime/sub model is when a large contractor wins the tender and are the prime contractor to the buying authority, they subcontract out elements of the tender to other suppliers, usually locally based SMEs.

So what impact does the prime/sub model have on SMES?

We all know there has been a massive drive from the government to support SMEs to benefit from the wealth of opportunities in the public sector.

This has been seen through their commitment to spend 33% of central government money with SMEs and also through the changes to the selection criteria in 2016 making it easier for SMEs to bid.

The question is – when huge prime contractors are winning huge contracts and replacing existing smaller providers, how is the government’s agenda being achieved?

The answer is it usually isn’t: when a prime contractor wins a public sector contract they are ultimately responsible for delivery and are looking to make profit. This often has a negative impact on the finances for SMEs as the prime contractor seeks to find efficiencies and cost savings through the supply chain to increase their own profit.

When a supplier is faced with the potential of the prime/sub model taking up a chunk of their business or taking away a business critical tender, many SMEs may feel they have no option but to join the supply chain if they are to survive.

However, that might not be their only option to succeed! Facing your Goliath means you have to find your inner David and seek out a new way to do business.

So what is the answer?

The answer is simple – have a strategy in place. Nothing stays the same in business and this is the next big challenge smaller providers are facing. There are a number of proactive steps suppliers can take to ready themselves for any impending changes:

  • Pre- Engage with the Contracting Authorities – in these situations waiting for the tender is too late. The only way suppliers can influence hearts and minds is to engage in advance of the tender being released. Use Tenders Direct to search for contract award notices (CANs) to find out when a contract is due to end, or to gain contact details from key buyers. You can also keep an eye out for prior information notices (PINS) which notify you of a future procurement exercise and give you plenty of time to pre-engage with the contracting authorities.

 

  • Form a consortium – rather than get swallowed up into the jaws of a prime contractor, suppliers can meet with other local providers to see if they can form a consortium or a special purpose vehicle and bid together. These groups of suppliers can then trade on their established infrastructure and wealth of experience and be able to trade on their own terms.

 

  • Join the team – some may relish the prospect of joining a supply chain. Suppliers will lose a lot of responsibility and liability when it isn’t their name on the contract, and some may prefer to operate with a lower steak in the contract with less risk rather than nothing at all.

 

These potential strategies translate across industries and sectors. Millstream meet with suppliers every day and as a qualified bid manager, I am constantly surprised how many do not have a documented and thought out bidding strategy.

I encourage suppliers to be proactive and take control of their destiny.

Working in the public sector can offer suppliers long term, well-paying business opportunities, and these deserve just as much time and attention as an internal strategy.

If you want to analyse your own bidding strategy or even create one from scratch, you should join our half day Success Simplified courses in London and Manchester and make sure you are deciding on your business’s future and not leaving it in the past.

Posted in General Procurement, suppliers, Tender Tips | 2 Comments »

Brexit: A “historic moment from which there can be no turning back” – but what does it mean for public procurement?

Posted by Duncan Dallas on March 31, 2017

eu-1473958_1920After the referendum result last June and the resulting legal challenges, parliamentary debates, votes and royal assent (not to mention the debates down at the pub and on social media) Prime Minister Theresa May has finally triggered Article 50 notifying the European Council of the UK’s intention to withdraw from the EU. Whichever side of the debate you found yourself on one thing is now clear – the UK is leaving the EU and that is likely to have a huge impact for us all.

Unfortunately, but unsurprisingly, the PM’s letter to the European Council triggering Article 50 made no specific reference to public sector procurement – it’s unlikely to be at the top of any agenda – but point v.i. of her “suggested principle” for the negotiation deals with trade.

If any major change is to come in relation to public procurement it will be as a result on the outcome of the negotiations relating to trade between the EU and the UK. It is important to note that at present and until the negotiations are complete and the UK leaves the EU, the procurement regulations will remain the same. The European Council’s Directive on Public Procurement has been transposed into UK and Scottish law by the current Public Contracts Regulations 2015 and Public Contracts Regulations (Scotland) 2015 respectively. After exiting the EU, the UK will have the option of amending or replacing these regulations but it seems unlikely that they will change drastically.

All EU member states have roughly the same ambitions when it comes to public sector procurement – openness, transparency, fairness, VfM, increasing access for SMEs – and therefore the current regulations were designed with these in mind.

If you were hoping for a removal of perceived EU “red tape” in public sector tendering I believe you’ll be disappointed. Indeed, you may instead experience some “red, white and blue tape” as the UK lawmakers amend the relevant regulations whilst ensuring that all the principles of good public procurement processes remain in place.

If the UK is to become part of the European Economic Area, a status held by the non-EU countries of Iceland, Norway and Liechtenstein then very little is likely to change. The EEA countries are bound by their membership agreement to follow the principles of EU public procurement and all three countries advertise their above threshold procurement requirements in the Official Journal of the European Union (OJEU).

Even if the UK does not join the EEA, it is still a signatory of the World Trade Organisation’s Government Procurement Agreement, which imposes the principles and practices of fair procurement on all its members. The public sector will still need to purchase what it does today and will need to advertise it openly. This may just mean that the opportunities are advertised on national platforms rather than in the OJEU. Either way you can be sure that Tenders Direct will be picking them all up and distributing relevant opportunities to our members!

millstream

Posted in General Procurement, Politics of Procurement, Procurement Law, suppliers, Uncategorized | 2 Comments »

Making your own luck

Posted by John Cutt on March 16, 2017

ireland-1312434_960_720
We’re all familiar with the various thematic clichés associated with St Patrick’s Day celebrations: leprechauns, pots of gold, four-leafed clovers and good luck. But did you know that the phrase “luck of the Irish” does not necessarily refer to the good variety?

Read the rest of this entry »

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The tender matchmaker…

Posted by Gemma Waring on February 13, 2017

picture2

It’s Valentine’s Day. That time of year when people pay attention to the special connections they have in life and take a bit of time to celebrate them. Or maybe you are still looking for some special connections? Still searching for that one relationship with long term potential, stability and plenty of money…

Of course, here we’re talking about your business connections – specifically your connections with public sector buyers and tendering. With contract life spans of three years plus, 30 day payment terms and a high chance of you retaining a contract once you’ve won it once – what’s not to love? Read the rest of this entry »

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Public Procurement Thresholds 2017 – update

Posted by emilypirie on February 6, 2017

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Just before the beginning of last year I wrote this blog introducing the new financial thresholds for mandatory publication of opportunities in the Official Journal of the European Union (OJEU). Since then we’ve received quite a number of queries on the subject. Although the current thresholds haven’t changed I thought I’d write an updated blog to include these discussion points.

When procuring goods or services over the financial threshold a public authority must do so under the Public Contracts Regulations 2015 in England, Wales and Northern Ireland and the Public Contracts (Scotland) Regulations 2015  in Scotland.

The current thresholds are as follows:

PUBLIC CONTRACTS

Supply, Services and Design Contracts Works Contracts Social and other specific services
Central Government £106,047

€135,000

£4,104,394

€5,225,000

£589,148             €750,000
Other contracting authorities £164,176

€209,000

£4,104,394

€5,225,000

£589,148            €750,000
Small lots £62,842

€84,000

£785,530

€1,000,000

n/a

 

Social and other specific services are subject to the new ‘light touch regime’ as described in a previous blog.

UTILITY CONTRACTS

Supply, Services and Design Contracts Works Contracts Social and other specific services
Utility authorities  

£328,352

€418,000

£4,104,394

€5,225,000

£785,530              €1,000,000

 

DEFENCE AND SECURITY CONTRACTS

Supply, Services and Design Contracts Works Contracts Social and other specific services
Defence and Security authorities £328,352

€418,000

£4,104,394

€5,225,000

 n/a

 

CONCESSION CONTRACTS

For the first time Concession Contracts are covered in EU Law under a separate directive and therefore separate regulations in the UK.

The EU Directive is found here: http://eur-lex.europa.eu/legal-content/GA/TXT/?uri=celex:32014L0023

The UK regulations here: http://www.legislation.gov.uk/uksi/2016/273/contents/made

The UK Directive gives instruction on how the value of a concession contract should be calculated: http://www.legislation.gov.uk/uksi/2016/273/regulation/9/made

The thresholds for publication in the OJEU refers to Article 8 (1) of the EU Directive which is:

  1. This Directive shall apply to concessions the value of which is equal to or greater than EUR 5 186 000.

The Sterling equivalent is £4,104,394.

CALCULATING ESTIMATED VALUE

The calculation of the estimated value of a procurement exercise shall be based on the total amount payable, net of VAT, as estimated by the contracting authority, including any form of option and any renewals of the contracts as explicitly set out in the procurement documents.

CONTRACTS SUBSIDISED BY PUBLIC FUNDS

All applicable contracts which are subsidised by 50% or more of public funds must be advertised in the OJEU. From time to time a public body may part fund a project and request that the recipient of funding must advertise the procurement in line with public contracts regulations even if their contribution is less than 50% of the overall value. As such any recipient of public funding on a project should verify with the funding body what is expected of them in procuring for the project.

WHAT ARE SMALL LOTS?

My colleague Line recently wrote a blog to clarify this question: https://blog.tendersdirect.co.uk/2017/01/06/procurement-terminology-what-are-small-lots/

HOW DO I KNOW IF A CONTRACT IS CLASSED AS WORKS?

Many contractual requirements are a mixture of works and services. Whichever element is the highest in value should be taken as the contract nature when determining what threshold to apply. If you are unsure whether a specific element is classed as works or services then you can refer to Schedule 2 of the regulations which lists all activities which constitute works by CPV code:

http://www.legislation.gov.uk/uksi/2015/102/schedule/2/made

If the CPV code which fits your requirement is not in that list then it is not classed as a Works contract.

I hope you find this blog useful. If you want more help with understanding thresholds and other public sector tendering procedures, Millstream’s Training and Consultancy team are available to answer any of your questions. Or, leave us a comment below.

 

millstream

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Excluding suppliers based on poor past performance

Posted by Line Olsen on January 10, 2017

All of the UK has now transposed the new EUunacceptable Public Sector Directive 2014. One of the existing provisions is that buyers now have a discretionary right to exclude suppliers based on poor past performance.

We have all heard the stories. A supplier winning a contract because they make all the right promises, but when the contract starts, they just don’t meet the standards expected. The buyer is not happy. They are stuck in a contract that most likely ends up costing them more. In addition, the suppliers that didn’t win are demoralized. What is the point of bidding when other suppliers just lie and win? Therefore, this is a welcome provision by many, a hope of getting rid of the unscrupulous operators in the market.

But is it that easy? As a buyer, and you have had a bad experience with this one supplier who is bidding on your contract – or you have heard about their poor performance from someone else – can you decide to exclude them just like that?

Read the rest of this entry »

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Procurement terminology: what are ‘small’ lots?

Posted by Line Olsen on January 6, 2017

In public procurement, lots, and in particular ‘small lots’ small lotare often an area of much confusion. What is a small lot and what does the small lot threshold mean?

Hopefully this SMALL blog entry will answer a LOT of your questions.

Read the rest of this entry »

Posted in General Procurement, Politics of Procurement, Procurement Law | Tagged: , , , , , , , , , , | 2 Comments »

 
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