1. NATIONAL COMMISSIONING AND CONTRACTING CONFERENCE Wake up to the Law by LÉONIE COWEN
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2. PURPOSE OF PRESENTATION
Update on social care procurement
The impact of the 2014 Directives on Public Procurement and the Award of Concession Contracts and changes to the regime
Identify other recent changes which impact on social care commissioning and contracting
Helpful tips!
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3. CURRENT PUBLIC CONTRACTS REGULATIONS
Social care and health procurement are anomalous
These are Part B Procurements or may be concession contracts
The full rigour of the Public Contracts Regs do not apply
This means more freedom!
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4. CURRENT FLEXIBILITIES?
Use of concession contracts
Frameworks
Dynamic purchasing
Developing partnerships with social enterprise - is this realistic?
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5. PROPOSED CHANGES
Two new Directives which will bring fundamental change
New regulations will be required to implement the Directives. Consultation is due this summer
The distinction between Parts A & B will disappear
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6. PROPOSED CHANGES -PROCUREMENT DIRECTIVE (1)
Social care tenders above a threshold of €750,000 (about £610,000) will be subject to the regime
An OJEU contract notice will be required for all procurements above that level
The UK has a discretion to set a “light touch” regime
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7. PROPOSED CHANGES - PROCUREMENT DIRECTIVE (2)
Reserved contracts for social enterprises
Competitive procedure with negotiation
Statutory exclusion for controlled companies
Compulsory e-procurement
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8. PROPOSED CHANGES - PROCURMENT DIRECTIVE (3)
Helping small and medium enterprises
Self certification
Turnover of not more than 3 times the contract value
Direct payment to subcontractors
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9. PROPOSED CHANGES - PROCUREMENT DIRECTIVE (4)
Reduction in timescales
Variations
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10. THE CONCESSION DIRECTIVE (1)
A concession is a contract where consideration includes the right to exploit the services
Concessions will be brought within the public procurement regime for the first time
The Directive applies to concessions with a value to the concessioner of €5,186,000 (about £4,000,000)
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11. THE CONCESSION DIRECTIVE (2)
“Light touch” provisions for health and social care concessions
We do not know what these will be!
An OJEU notice is still required.
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12. RECENT CHANGES TO THE LAW
Localism Act 2011 – community right to bid and community right to challenge
Public Value (Social Enterprise) Act 2012
Children and Families Act 2014, Health and Social Care Act 2012 and other legislation
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13. CHILDREN AND FAMILIES ACT 2014
Government agenda – more personalisation
Adding to the duties on LAs, see also S1 Care Act 2014
Parent choice for children with special educational needs
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14. THREATS AND CHALLENGES
Cuts to local authority budgets
Rigid centralised procurement processes
Government’s personalisation and externalisation agendas?
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15. AVOIDING PROBLEMS MY TIPS
Prepare first and act afterwards!
Allow enough time
Public sector must get the evaluation process right and “road test” it
Tenderers must respond to the ITT requirements
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16. Leonie Cowen & Associates 3a Loveridge Mews, London NW6 2DP
Telephone:
Fax:
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