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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
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Who I am
Name
Graham Tomkinson MCIPS
Colwyn Chambers
19 York Street
Manchester
Tel: 0161 234 8146
Mobile: 07767 885521
E-mail: [email protected]
Ghost (signpost) – current chapter title...
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
© PA Knowledge Limited 2011
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
© PA Knowledge Limited 2011
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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.
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Cabinet Office: ERG Accelerating Government Procurement - a ‘lean’ study
dated February 2011
.
Ghost (signpost) – current chapter title...
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
© PA Knowledge Limited 2011
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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
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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
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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
E-sourcing tools OJEU compliant
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)
E-sourcing tools OJEU compliant
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
E-sourcing tools OJEU compliant
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
© PA Knowledge Limited 2011
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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
© PA Knowledge Limited 2011
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The ‘lean’ Standard Approach: Restricteda
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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
© PA Knowledge Limited 2011
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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
© PA Knowledge Limited 2011
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.
Ghost (signpost) – current chapter title...
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?
© PA Knowledge Limited 2011
Page 16
What we have seen:
.
Ghost (signpost) – current chapter title...
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.
© PA Knowledge Limited 2011
Page 17
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Ghost (signpost) – current chapter title...