Efficiency East Midlands employment and skills workshop Rhianna John Solicitor, Projects and Construction department Trowers & Hamlins LLP 23 April 2010

The Skills Project Agenda ■ Introductions ■ Outline of the session ■ Introduction to the client-led approach ■ Review of the client-led approach benchmarks and employment and skills outputs ■ Consortium procurement proposals ■ Discussion of the application of the client-led approach ■ Joint formulation of a consortium-wide Employment and Skills Strategy ■ Agreement of follow up actions ■ Close

The Skills Project Client-led Approach ■Objective Support employment & skills development ■StrategyInclude requirements in project procurement based on a defined Employment & Skills Strategy ■Toolkit- Employment and Skills Plan (ESP) – setting out requirements - Method Statement – demonstrating understanding - Definitions, benchmarks and monitoring - Legal guidance - Contract clauses ■SupportGuidance document Workshop to help embed the approach Follow up advice

The Skills Project Consultation and Implementation ■Consultation with OGC for EU compliance ■Consultation with publishers of JCT, NEC3 and PPC2000 for appropriate standard form wording ■Consultation with nine pilot local authorities ■A strong platform for immediate implementation by public sector clients ■A consistent approach coordinated by ConstructionSkills

The Skills Project Consortium engagement ■ Aim = produce a consortium-wide Employment and Skills Strategy ■ To be developed and finalised ■ Utilised as basis for project-specific procurement ■Joint procurements ■Integrating individual procurements

The Skills Project Process ■ Initial project review ■ OJEU notification ■ Selection ■ Tender process and award ■ Contract development ■ Implementation and monitoring

The Skills Project Initial review ■ Is the procurement suitable for an Employment and Skills Strategy? ■ Benchmarks: ■ 12 employment and skills areas ■ various contract value bands

The Skills Project EU Procurement ■ “Contracting Authorities” ■ Thresholds ■ Incorrect tender procedures may result in challenge from aggrieved contractors ■ New remedies under Remedies Directive

The Skills Project OJEU notification ■ EU wide advertisement ■ Make clear intention to include employment and skills requirements Selection ■ Respond to OJEU Notice with a Pre-Qualification Questionnaire ■ Short list for tendering ■ Request indication as to previous experience ■ Method Statement

The Skills Project Tender process ■ Invitation to Tender ■ Minimum employment and skills requirements should be set out in bid process ■ Confirm commitment ■ Complete an Employment and Skills Plan ■ Method Statement

The Skills Project Local agenda ■ Political pressure to increase local employment opportunities ■ Public Contracts Regulations 2006 (Regulation 39) - social considerations ■ OCG “Promoting skills through public procurement” ■“Contract conditions must not discriminate directly or indirectly against national or non-national tenderers”

The Skills Project Contracts ■ PPC2000 ■ NEC3 ■ JCT ■ Framework Agreements ■ Consulted with OGC

The Skills Project Contract development ■ Employment and Skills Plan & Method Statement included in contracts ■ No opportunity to negotiate under Open or Restricted EU procedures ■ Two-stage procedure adds flexibility ■ Competitive dialogue enables flexibility

The Skills Project Monitoring ■ Project Manager reviews against Employment and Skills Plan and Method Statement ■ Key performance indicators ■ Monthly reporting requirements ■ Post-project review

The Skills Project Thank you Rhianna John