Chris Howes Tendering to Scale Master Class Chris Howes Assistant Director Business Development

General Tendering Practice Welcome & Overview Scale & Impact Approaches & Process

Agenda Welcome Tendering Challenges Basic Ingredients What’s in an ITT? Assessing the scale Partnership Finance and Pricing Compliance: Response and Performance The Contract The Bid Cycle

Your Challenges What are yours in Business Development ?

Assessment of Opportunity Resources Needed to undertake bid Risk & Exposure Contract Position within the market Competitors Subject specialists Writing & Planning Tendering Practices

Introduction - background information on the tender Tender Conditions - the legal parameters surrounding the tender Specification - the description of the supplies, service or works to be provided Instructions for Tender Submission - instructions for the bidders Qualitative Tender Response - qualitative questions to be answered by the bidder What to Expect Standard Documents

Pricing and Delivery Schedule - quantitative questions to be answered by the bidder Form of Tender - declaration to be signed by the bidder Certificate of Non-Collusion - declaration that the bidder has not colluded with any other bidder on the tender Draft of Proposed Contract - a draft of the contract which will be signed by the successful bidder What to Expect - 2

Do you have infrastructure and resources to deliver to scale & mobilise Impact on organisation if you are awarded and can’t deliver. What are the organisational risk to go to scale? Mobilisation / Implementation planning Scale & Impact

Protecting your Business Should you lead Should you Partner/ Consortia Should you Bid

Alignment of values Basis of relationship Legal standing Lead/ sub/ consortia Escalation of issues and remedies Due Diligence Partnering with other organisations Should you Partner/ Consortia

Finance What are the risks? What do you need to consider Payment by Results

Contract Performance What do you have to achieve? What needs to be achieved Does your performance release payment or is this down overall partnership performance Are the KPI’s achievable, negotiable etc.

Data Management (Data Processor or Data Controller?) Quality Assurance Contractual Obligations Policies & Procedures – Safeguarding, H&S etc. Compliance

Identify onerous / high-risk / unfair clauses Assess risk impact and likelihood of occurrence Focus attention on terms and condition/binding contractual terms rather than just specification Shape implementation and performance-management of the contract throughout its lifetime Enables development of practical risk-minimisation strategies Inform pricing of tender (e.g. TUPE/redundancy built into pricing structure) Identify contractual clauses to be negotiated upon/redrafted Contracts & Legal Purpose of contract review

Single point of ownership of contract review process Contract reviewed by suitable and informed colleagues/managers Single document highlighting risk identified and actions to minimise Recorded approval/acceptance of contract and risks by authorised person/senior management based on value and risk assessment Recorded trail of any negotiations with commissioner Contracts & Legal - 2 Contract Review Process

Does TUPE apply? How many organisations are involved? Do you have all the required information on transferring staff? What are the liabilities around Pensions and Redundancy? Do you need expert legal advice on TUPE? Do the transferring staff have the required competences? Do the transferring staff fit the cost model? Contracts & Legal - 3 Transfer of Undertakings (Protection of Employment) - TUPE

Assessment Processes Assess all Docs Do you have everything? Can you deliver on the requirements – skills/experience Partnerships? Sub/ Prime – risk and liability Do the finances work? Have you assessed the contract? Can you negotiate? Get outside legal review Do you have the skill/ experience to write a bid Plan in review process – critical friend

Assessment Processes - 2 Go/ no go decision WriteReview Assess risk – On-going Submit Review process OUTCOME Receive Feedback Reflect & Learn

Key Areas Deliverables & Objectives Contract & Risk Partnerships Finance Mobilisation Operations

….. So you’ve been successful! Now you need to mobilise Is the contract (perhaps now revised) acceptable? Revisit (and revise) the implementation plan: – Staffing (TUPE & recruitment) – Property requirements – IT infrastructure including phones – Financial model – Service user recording – Partnerships – Communications Plan (including service publicity) – Operational handover Implementation