Esrc Policy Forum Procurement

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    Social Enterprise & Public

    ProcurementRevd Timothy Curtis

    Senior Lecturer in Social Entrepreneurship

    University of Northampton

    HEFCE/Unltd Ambassador for Social Entrepreneurship in HigherEducation

    Supported by

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    Brief

    What are the challenges for local government

    in policy, commissioning and procurement

    that make it harder for them to get the most

    out of social enterprises?

    wickedness of the issue not addressed

    procurement is uni-directional & untrusting

    Needs to be purposive, prosumed and co-

    produced.

    2The University of Northampton

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    Policy shift-Its all in the full stop

    Social enterprises are businesses with

    primarily social objectives. They principally

    reinvest their surpluses in the business or

    community for these purposes.

    Cabinet Office section on Voluntary Sector

    Formerly the Office of the Third Sector,

    Cabinet Office

    3The University of Northampton

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    The idealised model

    Social Enterprise is in here,

    somewhere

    4The University of Northampton

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    Private Sector

    ~1trillion GDP

    Lets get real

    Procurement

    ~150billion

    Public Sector

    ~400billion revenueSocial

    Enterprises

    ~8.4billion

    monetised

    civil society

    ~157billion

    5The University of Northampton

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    .the car owners ofBritain.

    Pretty much everyone, then

    Most people are employees Most people are not owners (of the private

    sector)

    So, is Big Society all the employees or all the

    owners?

    6The University of Northampton

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    Procurement

    The way it was

    Non-transparent opportunities& leads

    Councils knew their budgetsbut not their spend (BESTProcurement)

    Incumbents had the advantage

    Lowest cost v best value

    Fragmented supply chains

    Grant/SLA/Short-termcontracts

    Liability foisted on contractor

    The way it is

    The Compact

    LM3/e-procurement

    OGC portal(s) Whole-life costing

    Consortia/supplychaindevelopment

    Full cost recovery

    Longer/larger contracts

    Customer more active in riskmgt

    RELATIONSHIP CONTRACTING

    7The University of Northampton

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    The size of procurement

    Sodexo

    12bn revenue

    380,000 employees

    80 countries

    8 client segments:Corporate, Health Care,Seniors, Education, Defense,Remote Sites, Justice andSports & Leisure.

    6% operating margin

    Serco 3.9billion revenue

    provide and operate two new prisonsin the UK, at Belmarsh West, London,and Maghull, Liverpool, with a

    combined value to us of around600m over 26 years.

    formed a new partnership, GSTS 4Pathology LLP, with the Guys and StThomas NHS Foundation Trust, topursue opportunities in thissubstantial market, which is valued atapproximately 2.5bn.

    signed three contracts under the UKGovernments Flexible New Dealinitiative worth 400-500m

    Running schools and inspectingschools for Ofsted

    Social enterprises are just not

    competing with these publicly

    listed companies

    They are competing with SME &

    privately owned businesses8The University of Northampton

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    Top privately owned companies

    9

    These are not

    known for

    their public

    contracting-except

    construction

    Note the

    complex mix of

    ownership

    types, inc EBT

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    The problems of procurement Rule bound but does not recognise social construction of contract development

    Justice Holmes commented one hundred and five years ago: "Nothing is more certain than that

    parties may be bound by a contract to things which neither of them intended, and when one does

    not know of the other's assent

    Poor understanding of wickedness of social issues

    Poor understanding of the complexity of overhead in providing services

    The value added by good participants (like volunteers) is lost to the valuecalculation

    Requires and implies centralisation, professionalisation, risk avoidance and

    individualism (Young & Temple 2010)

    Perverse outcomes: cherrypicking of easy to reach targets, focus on contract terms

    rather than what is really going on, unstructured supply chains (NAO 2010)

    inefficient duplication of procurement overheads (see later)

    Market logic applies to narrow deliverables, but misses out the crucial dimension

    that allows doctors to heal, teachers to teach and carers to care: the relationship

    with patient, pupil or client. NEF 2006

    Essentially untrusting & uni-directional

    10The University of Northampton

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    Chapter 1 ofDialogue Mapping: Building Shared Understanding

    of Wicked Problems, by Jeff Conklin, Ph.D., Wiley,

    October 2006.

    The problem with social issues

    11The University of Northampton

    Some problems are so complex that you

    have to be highly intelligent and well

    informed just to be undecided about

    them

    Dr. Laurence Johnston Peter

    lets take a diversion for a minute

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    Wicked Issues

    The problem is not understood until after theformulation of a solution.

    Wicked problems have no stopping rule.

    Solutions to wicked problems are not right or wrong. Every wicked problem is essentially novel and unique.

    Every solution to a wicked problem is a 'one shotoperation'

    Wicked problems have no given alternative solutions. Horst & Rittel and Conklin

    12The University of Northampton

    lets take a diversion for a minute

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    Tamed Problems

    Chapter 1 ofDialogue Mapping: Building Shared Understanding

    of Wicked Problems, by Jeff Conklin, Ph.D., Wiley,

    October 2006.

    PS, the trick is not to tame an issue,

    but to keep it wicked 13

    lets take a diversion for a minute

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    Social construction of procurement

    14

    lets take a diversion for a minute

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    The (hidden) overhead for the

    Big Society Perceived need to control the very complex arrangements for delivery of

    services leads to layer upon layer of indirect activity. A team to specify what service is needed and to create a bidding specification

    Several organisations to commit resources to create competitive bids often, in the case of activities that will lastover several years, these bids can run into hundreds, even thousands, of pages and cost tens or even hundreds ofthousands of pounds to produce

    The purchasing team to negotiate, answer queries, re-specify details and so on, before ultimately selecting one

    provider The provider to set up a democratic structure with Board, committees, procedures to supervise and give

    legitimacy, and to demonstrate Good Governance

    The committee to be involved with the purchaser in setting up a new organisation that meets all theexpectations of good practice, equal opportunities, financial accountability to the last penny, smooth publicrelations to let the public know that they are there and so on

    A building, a phone system, intranet/ website/ customer and back-office systems strong enough to give peoplethe information they need for complete public accountability

    Sub-contracts for cleaning, food, stationery (lots and lots of paper!), maintenance

    A Human Resources department, disciplinary and grievance procedures, appraisal and career development system

    Salaries, bonuses, pension provisions, cars and allowances for indirect staff and senior managers all atcompetitive market rates

    And so on and so forth

    HOW SOCIAL ENTREPRENEURS CAN HELP BUILD A TRUST-BASED BIG SOCIETY

    By Charlotte Young, Chair of School for Social Entrepreneurs and Nick Temple, Policy + Communications Director, Schoolfor Social Entrepreneurs June 2010

    15The University of Northampton

    therefore: getting back on track

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    Outcomes based commissioning

    Ignores the equity required in the process of

    delivery

    Neutral regarding how the contractor achievesthe outcomes- performativity

    Services cease or dont expand when fixed

    outcomes are met

    Unintended outcome ignored

    16The University of Northampton

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    Social Impact Bond

    requires the taming of an issue to agree on

    the metrics of success

    Secures long-term investment to create short-terms savings in government spending

    Enticing, but is very close to PPP without

    consideration of who the social investors are,

    and what return on investment they require

    17The University of Northampton

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    Personal budgets

    Leads to a retail consumptionmodel of service provision and use

    Individual budgets without mutualsupport misunderstand the natureof public services.

    Replaces relationships with markettransactions

    Buying a dog with a personalbudget

    what users need is long-termrelationships of mutual trust if theyare going to benefit.

    drift to Maybelline model ofservices

    18The University of Northampton

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    Mixed provision is no panacea

    Pathways is led by Jobcentre Plus in some areas but is contracted out tothird sector and private organisations in over 60 per cent of the country.

    The National Audit Office found that there is no evidence that theprogramme is performing better or costing significantly less in contractedout areas than in those run by Jobcentre Plus.

    the private contractors were only really any good at the easy bits of thecontract - the volunteer particpants in the scheme who were keen to getback into work.

    When it came to the really hard, time consuming, expensive cases -people who were reluctantly forced onto the scheme - no providerexcelled, but the private sector performed even worse than JobcentrePlus.

    One third of prime contractors and two thirds of subcontractors expectingto make a financial loss. National Audit Office 28 May 2010 Support to incapacity benefit claimants

    through Pathways to Work.

    The University of Northampton 19

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    Relational contracting

    Tony knows more than me!

    increasing the degree of contractual

    incompleteness can enhance efficiency (Wu &Roe 2007)

    20The University of Northampton

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    Coping with the problems

    not seeking to propose a one size fits

    all solution that tames thewickedness of this issue

    The University of Northampton 21

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    Trust

    Hidden currency of contract success

    Large number of small interactions

    Regular interactions

    Direct transaction Open, transparent sharing of trust feedback

    Technology now exists to provide for micro-transactions, micro-manufacturing andtransacting trust relationships- ebay, paypal,facebook, smart phone apps

    22The University of Northampton

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    Co-production

    reduce or blur the distinction between

    producers and consumers of services, by

    reconfiguring the ways in which services aredeveloped and delivered

    services can be most effective when people

    get to act in both roles

    as providers as well as recipients.

    23The University of Northampton

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    Pro-suming

    Prosuming is the creation of wealth without

    being paid for it, doing it for yourself or to give

    it away. Alvin Toffler, Third Wave 1980

    In mental health- peer provision

    24The University of Northampton

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    To develop NEF

    Define public service clients as assets who have skills thatare vital to the (cost-effective) delivery of services.

    Define work long-term share value to include anythingthat people do to support each other.

    Include some element of reciprocity.

    NEF example engaging disaffected 16-year-olds by usingthem as tutors for 14-year-olds, and achieving both majoracademic improvement for both and reductions inbullying.

    The value of the engagement, and consequent efficiency,

    is lost to the system Let the 16-year olds earn sweat equity

    NOT more procurement with new organisations on thesame, old, terms

    25The University of Northampton

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    The University of Northampton 26

    Co-produce

    co-design

    co-decide

    co-deliver

    co-assess

    Co-own Co-operate

    Pro-sume

    co-finance

    value unpaid labour

    3rdjob

    contract

    purposively

    develop

    trust

    reward

    reciprocity