Speeding up Government Procurement - CIPS · BIQ BIQ BIQ KEY BIQ = Built in quality = Specialist Legal support = Treasury Govt/Dept. E-sourcing tools OJEU compliant System allowing

Speeding up Government

Procurement

Presentation to Yorkshire CIPs

Graham Tomkinson

September 2012

© PA Knowledge Limited 2011

Page 2

PA Consulting Group: Who we are

Dedicated PA team for Government sourcing.

Some 23 CIPs members, mostly working in Central/Local Government:

Current clients for procurements:

DECC smart metering – Competitive Dialogue

NS&I BPO services – Competitive Dialogue

Highways Agency Dartford Crossing – Restricted

TfL back office services – Negotiated

Suffolk back office services – To be determined

We own PROCSERVE – supporting the GPS

Ghost (signpost) – current chapter title...


Page 3

Who I am

Name

Graham Tomkinson MCIPS

Colwyn Chambers

19 York Street

Manchester

Tel: 0161 234 8146

Mobile: 07767 885521

E-mail: [email protected]


Recent clients:

Home Office/Police: Creation of NewCo, a

police ICT procurement and contract

management company

Highways Agency: Dartford Crossing and

National Traffic information service.

Wider clients:

HMRC Aspire

MOD DII

Home Office Shared Service Centre


Page 4 PPT presentation template V1-10.ppt

The procurement procedures open to Government

4 types of

tendering

procedures

Open

Competitive

Dialogue (CD)

Negotiated Restricted

EU Directive 2004/18/EC, as implemented through The Public Contracts Regulations 2006,

introduced a additional procurement procedure to make four in total

Allows no pre-selection of

suppliers. All bids have to

be considered.

Allows for pre-selection

of suppliers on basis of

technical and financial

capability.

Used in special situations

where the nature of the goods

and services to be supplied

does not allow for precise

specification or pricing

without a formal negotiation

process (following pre-

selection of suppliers).

For use in awarding “particularly

complex” contracts, where open

or restricted procedures will not

allow award of that contract.

Following pre-selection of

suppliers, period of dialogue

before suppliers submit final

proposals


Page 5

Reviews of Government Procurement: HM Treasury, November 2010

Where appropriately used both the public and private sectors believe the CD procedure

has been a positive addition to the procurement spectrum. The procedure:

i. maintains competition;

ii. imposes discipline on all parties;

iii. establishes excellent working relationships between the public and private sectors;

iv. delivers improved solutions with a better „deal‟ for the public sector; and avoids

the scope and price creep often found with negotiated procedure procurements.

Where conducted inappropriately it can be burdensome and expensive. There was

specific criticism focusing on:

i. the frequency with which Competitive Dialogue is used (especially where the

project is not complex and the Restricted procedure could be used);

ii. the lack of preparation, insufficient skills and capacity on the part of contracting

authorities; and

iii. the negative impact these issues have on bid costs and procurement times.



Page 6

Cabinet Office: ERG Accelerating Government Procurement - a ‘lean’ study

dated February 2011

.


Key themes Issues

Mis-use Poor selection of procurement route is leading to elongated procurement

and additional costs for Government and suppliers

Process design and

management

Excessive waste built into the existing process from inception to award:

• Excessive guidance with variation, duplication and confusion

• Approach to project management elongates timescales, before OJEU

and during the procurement

• Serial processing and in efficient engagement with suppliers

• Input based specifications vs outcomes

• Risk aversion through the process

Capability Lack of capable senior procurement resources

Pre-OJEU readiness OJEU process is commenced with insufficient preparation and planning

beforehand

Bureaucracy Endemic bureaucracy in government procurements leading to excessive

levels of approvals and governance


Page 7

Actions: Procurement Policy Note: Action Note 04/12 9 May 2012

Mandatory for all Central Government Departments (including Agencies and NDPBs)

• Presumption against CD

• Accounting Officer approval for any CD

• Rules for the typical procurements where CD might still apply

• Earlier supplier dialogue – encouraging pre-procurement engagement

• All but the most complex procurements being completed in 120 working days

• Use of the “lean Sourcing Standard Solution” a

a. The remainder of this presentation contains information licensed under the Non-Commercial Government

Licence v1.0



Page 8

The LEAN Sourcing Standard Solutiona

All procurements are required to follow these key principles:

• Establish a clear understanding of the required business outcomes

• Carry out extensive pre-procurement market engagement

• Establish a strong planning and management discipline using the Standard Solution

as a guide; use visual management tools to help drive progress

• Ensure proper readiness to go to market by publishing a full bidder’s pack

(specification, selection and award criteria, terms and conditions and timescales) at the

point of going to market alongside the OJEU Contract Notice..

• Streamline engagement with suppliers by using a ‘boot camp’ approach to make best

use of limited time and expensive resource.

• Use OJEU compliant eSourcing tools to help manage the full process.

• Drive continuous improvement and reductions in procurement turnaround times

by monitoring and measuring performance



Page 9

Lean sourcing standard solutiona

The Standard Solution enables the

execution of the LEAN sourcing process. It

provides a suite of tools that you can use to

execute the sourcing process from business

need identification and baselining through to

contract award & signature.

Team Implementation

Plan (TIP)

An action plan showing who

will do what and when in

specific functions and

processes

Policy Business Need & Baselining Market Analysis & Sourcing Strategy Supplier Identification Execution of Sourcing Strategy Finalise Contract Managing the contract & Supplier

Handing off to contract & supplier management

Activity: Outputs: Activity: Outputs: Activity: Outputs: Activity: Outputs: Activity Output: Activity: Output: Activity Outcome:

Analyse business needs (SOP 1.1)

Intial make or buy consderations and

intial thinking on approach to market

(Covered by SOP 1.1)

Sound understanding of business

outcomes required

Run an Industry boot camp to conduct

Market Analysis to identify

requirements and what is available,

using market specialists if appropriate

(SOP 3.1)

MI updated Create OJEU notice and gain

approval (SOP 4.1)

OJEU notice is published

Bidders pack published via web / e-

sourcing system

Complete evaluation of responses

and agree ranked list (SOP 6.1)

Undertake assurance to ensure the

team are ready to progress to

dialogue (SOP 6.2)

Appropriate suppliers shortlisted Hold Dialogue Boot Camps (the

number of dialogues will depend on

the complexity of the specified

outcome, number of bidders,

workstreams) (SOP 7.1)

Conduct immediate Evaluation &

Feedback (SOP 7.1)

Mutual understanding of final

solution

Evaluate BAFOs / tenders (SOP 8.1)

Finalise terms & conditions of

contract (SOP 8.2)

Final tenders / BAFOs received &

evaluated

Successful bidder chosen

Contract finalised

Sign Contract (SOP 9.1) Contract signed

Operational

Imperatives e.g.

Expiring Contracts

Conduct initial market research

(SOP1.2)

Conduct benchmarking vs current

provision (SOP 1.3)

Baseline of current provision and cost Internal decision to make or buy (SOP

3.2)

If 'Buy' then use decision tool to

identify the most appropriate

procurement route

MI updated

Finalise & issue the invitation to

participate in dialogue (ITPD) (SOP

6.3)

Dialogue invite issued (ITPD)

including:

~ Requirement

~ Outline Solution Template

~ Draft joint statement of intent &

revised project plan

~ Refined T&Cs with draft

schedules

Negotiation of contract (key terms

and principles)( SOP 7.1)

Facilitate the undertaking of due

diligence (SOP 7.2)

Draft final contract issued (including

finally agreed solution).

Gain approval to award decision

(SOP 8.3)

Issue alcatel letter (notify of

standstill period) (SOP 8.4)

Debrief Suppliers

Update Full Business Case

Standstill (Alcatel) letter issued

Suppliers receive feedback

Approved Full Business Case

updated

Publish contract award notice on

TED

Publish contract on Contracts

Finder

Contract published unredacted on

e-sourcing system or stored in

appropriate document

management system

Contract published on Contracts

Finder

MI Updated

Write 1st draft of the strategic outline

business case (SOP 1.4)

First draft Strategic Outline Business

Case (SOBC) including draft of

outcomes and first draft of project

plan.

Write procurement strategy and get

approval (SOP 3.3)

Procurement strategy agreed including:

~ Outcomes defined

~ Procurement procedure

~ Standard T&Cs

Conduct supplier feedback (SOP

6.4)

All suppliers receive feedback

where requested / appropriate

Formerly close dialogue & invite Best

& Final Offers (BAFOs) / nvitation

toSubmit Tender (ITST) (SOP 7.3)

Dialogue Closed & invitation to

submit Best and Final Offers (BAFOs)

issued

Write and publish a project specific

Prior Information Notice (SOP 1.5) &

check pipeline of sourcing projects has

been updated & published

Project Specific Prior Information

Notice (PIN) published (Requirements,

scale & contract value)

Updated pipeline of sourcing projects

published on departmental website

Understand & agree requirements,

scale & value

~ Initial negotiation strategy (what is in

and out of dialogue)

~ Scale and Value

~ Contract Management Strategy

~ Selection Criteria & Methodology

Refine project plan

Finalise bootcamp logistics (SOP

6.5)

Plan dialogue sessions (SOP 6.6)

MI updated

Bootcamp logistics finalised

Dialogue plan in place

Draft Full Business Case (SOP 7.4) Full Business Case drafted

Update Business Case (From Stategic

Outline Business Case to Outline

Business Case) (SOP 3.4)

Create Bidders Pack (SOP 3.5)

Outline Business Case updated

Bidders Pack agreed including:

~ Standard selection criteria

~ Extended selection criteria (tech/prof

capability)

~ Prospectus (inc. requirements)

~ First draft Ts&Cs

~ Evaluation strategy & criteria

~ Explicit guidelines on timelines,

security

~ Timescales / Project Plan

Carry out assurance & obtain approval

to proceed (SOP 3.6 )

Approval to proceed

Activity: Outputs:

Set up and run web-based Q&A

facility (SOP 5.1)

Suppliers have increased

understanding of requirement

Web pages recording all

clarifications with suppliers

Real time evaluation of supplier

returns (SOP 5.2) against selection

criteria:

1) Pass / Fail

2) Qualitative Scored

Incomplete ranked list based on

responses received before deadline

Create an Invitiation to Participate

in Dialogue (ITPD) (SOP 5.3)

1st draft ITPD created including:

~ Requirement

~ Outline Solution Template

~ Draft joint statement of intent &

revised project plan

~ Refined T&Cs with draft

schedules

~ Evaluation stratgey & criteria

10 days

Approvals plan in place

Create project performance hub (SOP 2.2)

Complete team skills assurance (SOP 2.3)

Establish & brief Project Board (SOP 2.4)

Establish dialogue boot camp logistics (SOP 2.7)

Establish industry boot camp logistics (SOP 2.6)Venues secured

6) Finalisation of Supplier

Identification

Activity:

Establish a cross disciplined team (SOP 2.1)

Purpose - Choose the supplier and

finalise the contract

Room, plan, communication strategy etc in place

1 week1 week

Project Board in place & understand objectives, evaluation Strategy agreed with end participants

MI updated

Purpose - To identify a potential list of

qualified suppliers

Purpose - To identify a potential list of

qualified suppliers

Dedicated team in place

2 weeks

Purpose: To have an agreed outcome focused contract in place at the best possible price from the chosen supplier

4) Supplier Identification (OJEU)

Policy Decision -

Perception of Need

Date set for contract

renewal

8) Finalisation of Contract

Purpose - Formal signature of contract

Purpose - To publish requirements

through a contract notice in the

supplement to the Official Journal of

the European Union

30 days

SCOPE

9) Contract Signature7) Execution of Sourcing Strategy

through Competitive Dialogue

2 weeks

Purpose - Licensed sourcing team is set up for success, all associated stakeholders are clear on requirements

5) Supplier Identification

4 - 6 weeks

Outputs:

Establish what approvals will be required & when (SOP 2.5)

Proposed Future State map for Government Sourcing Process (Competitive Dialogue)

3) Market Analysis & Sourcing Strategy

Harmonious Relationship

Contract Management

Delivery plan & governance

0 days

2) Mobilisation

1) Business Need Identification &

Baselining

Purpose - To ensure identification & clear

articulation of the business need

Purpose - To understand what the market

can provide & identify sourcing strategy

6 weeks1 week2 weeks

Purpose - The best outcome based

solution established through fact based

negotiations

System allowing potential bidders to access bidders pack (e-sourcing System )Govt/Dept.

30 Days

30 days from issue of OJEU

10 Days

10 days from Contract Award to Contract signature

BIQ

BIQ

BIQ

KEY

BIQ= Built in quality

= Specialist Legal support

= Treasury

Govt/Dept.

E-sourcing tools OJEU compliant

System allowing department to evaluate returns from bidder (e-sourcing System)

E-soucing tools OJEU compliant

Log interest electronically in the sourcing opportunity

complete Selection criteria electronically

Receive timely feedback and invitation to attend dialogue

Attend dialogue boot camps and receive transparent & timely feedback & issue solutions

Agree and sign contract

BIQ

System updated detailing the final details and contract published


What - The Make/Buy/Internal decision was correct - and procurement approach correctly identified

What - OJEU, Bidder awareness, technical evaluation all meet agreed standard

What - Evaluation results ready to proceed to dialogue

What - The team are in place and ready to proceed

ActivityOpportunity to refine delivery plan and complete contract management plan, with briefing slides including rationale for negotiation

BIQ

What - Dialogue boot camps are standard, ready for contract negotiations

Database advertising all sourcing opportunities (Contracts Finder & Tenders Electronic Daily)


TimelineThe timeline is dependant upon the size, the complexity and the risk of the procurement.

A depiction of the supplier journey, the touch points with the department and

the places where deselection occurs.

What - Productive use of 30 day OJEU period Bidders fully understand the requirements enabling them to submit optimum bid or deselect

BIQ

e-sourcing System

E-sourcing tools OJEU compliant= Business

Case


Database advertising sourcing opportunities (Contracts Finder & Tenders Electronic Daily)Departmental website

Govt/Dept.

BIQ

What - Contract, final business case and evaluation to agreed standard

Lean Procurement Project

Key Performance Indicators

September 2011V2.0

UNCLASSIFIED

0

50

100

150

200

250

300

350

400

450

500

Turnaround time working days - OJEU to contract signature

Planned

Actual

Competitve Dialogue Average

Visual Management

A way of displaying information to drive

the performance of the process &

specific parts of the process

Standard Operating

Procedures (SOPs)

A set of high level desk

instructions describing the

best known method for

carrying out the activities

described in the value

stream map

Procurement

Route Decision

Tree

A tool to assist

procurement

professionals to

think through and

identify the most

appropriate

procurement route

for their

requirement.

Visual Management in Procurement

Project Performance Hub Guidance V3.0

Use for the duration of Project

Value Stream Map The route map

which sets out the LEAN sourcing

process.

7. Procurement Route Decision Tree

8

COMPETITIVE DIALOGUE

PROCEDURE

Government presumption against its

use

Use of Competitive Dialogue may be

challenged by ERG

Follow the Competitive Dialogue

Standard Operating Procedures

(SOPs).

RESTRICTED PROCEDURE

Confirmed by Commercial Director /

Head of Procurement

Follow the Restricted Procedure LEAN

sourcing Standard Operating

Procedures (SOPs)

Use mandatory standardised PQQ and

ensure it contains proportionate and

relevant criteria, and not at all for sub

£100k work

Yes but there is strong

evidence the market is

very large and the pre-

qualification is the only

option

NOYES

OPEN PROCEDURE

Use the Open Procurement

Route following the Standard

Operating Procedures (SOPs)

There is a government

commitment to move towards

greater use of the Open

Procedure, see:

Cabinet Office

YES

You have been approached with a

new requirement

OR

you have an operational imperative

– e.g. an expiring contract

1. Analyse the requirement to

ensure that you have a

sound understanding of

business outcomes

required and engage the

market

StartIs your requirement covered

by Government's Central

Procurement Programme for

common goods and services?

Refer to the

Government

Procurement Service.

Is your requirement covered

by an existing departmental

or cross government

contract?

Use pre-existing

departmental or cross

government

arrangement

YES

NO

YES2. Engage the market to sound

out ideas on the best way

to shape, and where

possible, simplify and

breakdown the requirement

Now that you have completed pre procurement market engagement (including publication of a project specific PIN and Industry Bootcamp)

can you define and specify in accordance with the appropriate EU Regulations:

1. How the project outcome will be delivered, and

2. How the contract and commercial deal will be structured

NO

Routinely challenge your

sourcing strategies to ensure

enough consideration has been

given to whether the

requirement can be simplified or

broken up to allow for greater

competition in the marketplace,

including SMEs


Page 10

Lean Sourcing Standard Solution: Procurement Route Decision Treea

8

COMPETITIVE DIALOGUE

PROCEDURE

Government presumption against its

use

Use of Competitive Dialogue may be

challenged by ERG

Follow the Competitive Dialogue Standard

Operating Procedures (SOPs).

RESTRICTED PROCEDURE

Confirmed by Commercial Director / Head of

Procurement

Follow the Restricted Procedure LEAN sourcing

Standard Operating Procedures (SOPs)

Use mandatory standardised PQQ and ensure it

contains proportionate and relevant criteria, and not

at all for sub £100k work

Yes but there is strong

evidence the market is very

large and the pre-

qualification is the only

option

NO YES

OPEN PROCEDURE

Use the Open Procurement Route

following the Standard Operating

Procedures (SOPs)

There is a government commitment

to move towards greater use of the

Open Procedure, see:

Cabinet Office

YES

You have been approached with a new

requirement

OR

you have an operational imperative –

e.g. an expiring contract

1. Analyse the requirement to

ensure that you have a sound

understanding of business

outcomes required and

engage the market

Start

Is your requirement covered by

Government's Central

Procurement Programme for

common goods and services?

Refer to the

Government

Procurement Service.

Is your requirement covered by

an existing departmental or

cross government contract?

Use pre-existing

departmental or cross

government

arrangement

YES

NO

YES 2. Engage the market to sound

out ideas on the best way to

shape, and where possible,

simplify and breakdown the

requirement

Now that you have completed pre procurement market engagement (including publication of a project specific PIN and Industry Bootcamp) can you

define and specify in accordance with the appropriate EU Regulations:

1. How the project outcome will be delivered, and

2. How the contract and commercial deal will be structured

NO Routinely challenge your sourcing

strategies to ensure enough

consideration has been given to

whether the requirement can be

simplified or broken up to allow for

greater competition in the

marketplace, including SMEs

http://www.cabinetoffice.gov.uk/content/sme-contracts

http://www.cabinetoffice.gov.uk/content/sme-contracts


Page 11

The ‘lean’ Standard Approach: Restricteda



Page 12

Restricted Procurement – simplified routemapa

Application of the key LEAN sourcing principles:

• Ensure a sound understanding of business outcomes- voice of the customer (1)

• Advertise potential requirement(1)

• Establish a planning & management discipline using visual management tools (2)

• Structured industry engagement – boot camp (1)

• Readiness for OJEU – Bidders pack containing outcome / output based requirements (3)

• Use e-sourcing tools to support the process (1 to 9)

• Drive continuous improvement & reductons in turnaround times (1 to 9)

3 SOPs –

establishing an

online Q&A, check

evaluation team

availability through to

brief evaluation team

on criteria &

methodology

30 days from

issue of OJEU 10

days

Deployment of OJEU compliant e-sourcing tools to support the sourcing process

1. Business need

identification,

baselining & market

analysis

8 SOPs ranging from

analysing the needs of

stakeholders, carrying out

benchmarking, warming

up the market (publishing

a project specific PIN),

holding an industry boot

camp through to using the

procurement decision tool

3. Sourcing

Strategy

5 SOPs ranging from

creating the proc’t

strategy, bidders

pack and contract

notice through to

carry out assurance

and gaining legal

approval

4. Supplier

Identification

(OJEU)

1 SOP – Publish the

OJEU notice and

bidders pack

5. Supplier

Identification

6. Finalisation of

Supplier

Identification

4 SOPs – ranging

from evaluate

responses to

selection criteria,

agree ranked list,

write evaluation

report, notify

suppliers, and issue

ITT through to online

Q&A facility for ITT

clarifications

7. Execution of

Sourcing Strategy

through

Evaluation of

Tenders

3 SOPs – ranging

from receive and sort

tenders, and conduct

compliance check

through to evaluate

tenders, write

evaluation report and

write full business

case

8. Contract Award

3 SOPs - approval to

award, issue alcatel

letter, debrief

suppliers & update

full business case

9. Contract

Signature

1 SOP – sign

contract and publish

contract on Contracts

Finder

Business need, baselining & market

analysis Supplier identification

Execution of

sourcing strategy Finalise contract

Mobilisation

Sourcing strategy

Formal signature of

contract

Notify the supplier

and finalise the

contract

The best solution

established through

evaluation of tenders

To identify a

potential list of

qualified suppliers

To identify a list of

qualified suppliers

To publish

requirements through

a contract notice in

the supplement to

the Official Journal of

the European Union

To establish the

procurement &

identify sourcing

strategy

To ensure

identification & clear

articulation of the

business need

2. Mobilisation

Comprising 5 SOPs ranging from establishing a

cross disciplined team, creating a performance

hub, establishing governance through to planning

for approvals.

Purpose: the sourcing team is set up for success,

all associated stakeholders are clear on

requirements of the business need

PU

RP

OS

E

SO

Ps


Page 13

Key specific differences in practice

Typical as-is: New approach:

1. Publish OJEU & PQQ 1. Publish OJEU, PQQ &

Bidders pack (including Ts

&Cs) at same time 2. Evaluate PQQ

3. Use time between 1& 2 to

develop ITT (full bidders pack)

4. Issue ITT to those who get

through pre- qualification

5. Evaluate responses to ITT

Problems with this: Benefits:

• Suppliers may get through

PQQ and not like Ts & Cs and

then cause delays in

timescales - waste

• Inefficient supplier self de-

selection - they may not have

entered the competition if they

had seen full pack

• Provides full clarity to market

and opportunity for supplier

self de-selection

• Helps to ensure that

requirement are crystal clear

before going to market.

• Helps to ensure the widest

possible market is aware of

and understands the

opportunity to compete pre-

OJEU

• Helps consortia and other

partnerships to form

Restricted – Standard Operating Procedures (SOPs)a


Page 14

Assurance and approvalsa


Page 15

Observations on the speeding up initiative

It is right to speed up and reduce the costs of procurement – there were clearly areas of

poor practice.


CD is a positive addition

to the procurement

Landscape!

The market can

affect the speed of

a procurement.

Where are the

standard Ts and Cs?

Will the market agree

with them?

How do we make sure

Tenders are fit for

purpose?


Page 16

What we have seen:

.


Key themes Issues Actions

Mis-use Poor selection of procurement route is leading to elongated

procurement and additional costs for Government and

suppliers

Strong action

Process design

and

management

Excessive waste built into the existing process from inception

to award:

• Excessive guidance with variation, duplication and

confusion

• Approach to project management elongates timescales,

before OJEU and during the procurement

• Serial processing and inefficient engagement with

suppliers

• Input based specifications vs outcomes

• Risk aversion through the process

Redesign published. More

Guidance!

Difficulty of access to

standard terms and

conditions (where is the

ICT standard contract?)

Retain existing guidance

on input/output/outcomes

Capability Lack of capable senior procurement resources Senior posts created in

ERG

Pre-OJEU

readiness

OJEU process is commenced with insufficient preparation and

planning beforehand Included in the new

processes

Bureaucracy Endemic bureaucracy in government procurements leading to

excessive levels of approvals and governance More governance

introduced.


Page 17

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Documents

Speeding up Government Procurement - CIPS · BIQ BIQ BIQ KEY BIQ = Built in quality = Specialist Legal support = Treasury Govt/Dept. E-sourcing tools OJEU compliant System allowing