Transcript
Page 1: Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

E3M Seminar: New Opportunities for

Partnership between Social Enterprises

and Commissioning Authorities

Co-production, including commissioning

without procurement (3)

Julian BlakeCo-head Charity & Social EnterpriseBates Wells Braithwaite

8th July 2014

Page 2: Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

1. Development options best require: 1. Consultation of users & market suppliers and Strategy set by priorities;

2. Further service consultation leading to informed service specifications;

3. Supplier engagement with consultations (within objectivity principle).

Page 3: Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

2. New flexibilities within Directive: 1. Innovation Partnerships (AB to elaborate).

2. Competitive Procedure with negotiation.

Page 4: Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

3. Preamble emphasis on distinctions from PP (note: State Aid rules relevant):1. “Mere financing” e.g. grants; community support.

2. Authorising/licensing compliant suppliers to consumers;

3. Compulsory social services – non-economic services of general interest.

4. “Freedom of national/regional/local Authorities to define, commission, finance Services of General Economic Interest” (EU Treaty Art 14 Protocol 26).

Page 5: Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

4. Pre-Commercial Procurement: 1. 2007 EC Communication – “…Driving innovation to ensure sustainable

high quality public services”.

2. Pre-PP stages: research; solution exploration; prototyping; test/pilot services.

3. Risk/benefit sharing.

4. Directive says “co-financing research and development should be encouraged”; PP does not apply to co-financing.

5. Innovative reorganisation/development of public service markets/pilots/collaborations may, properly analysed, be pre-PP activities.

Page 6: Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

5. Joint-ventures & rational investment1. Commercial co-production/collaborative engagement/investment.

2. Distinguish from commissioning/procurement/contracting services - (AB to elaborate).

Page 7: Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

6. Frameworks allow engagements within framework rules1. An original procurement establishes suppliers which may supply under

call-off contracts within scheme.

2. May be limited (non-procurement) further competition between framework suppliers.

Page 8: Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

7. “Teckal” development companies within public sector1. Authority subsidiaries may supply to Authorities within the public sector.

2. Allows new service development with later spin-out/co-investment possibility (but not as pre-determined intention).

Page 9: Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

Julian BlakeCo-head Charity & Social EnterpriseBates Wells Braithwaite

8th July 2014


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