London Borough of Ealing Commercial Policy 2019 - 2021 - Ealing Council
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Contents Page 1) Introduction 2) Policy Aims & Future Ealing Outcomes 3) Ealing Annual Spend by Category 4) Commercial Governance 5) Commissioning Approach 6) Contract Management Approach 7) Commercial Policy Delivery – Eleven Key Themes 8) Commercial Hub Overview 9) Pipeline & Directorate Activity Planned 10) Risks and Challenges 11) Key Performance Indicators & Targets
1) Introduction • We spend approximately £350M every year on contracts to support delivery of services to residents. • How we procure and manage contracts around the nine Future Ealing outcomes is key to getting the best value we can from limited resources. • As goods, works and services become more strategic and the business environment more unpredictable, the Council will shift to more sophisticated sourcing commercial models. Progression from simple to more sophisticated commercial models
2) Commercial Policy Aims & Future Ealing Outcomes An Helping residents environmentally to stay active, friendly borough healthy and independent To reduce the Reducing crime and Council’s external helping residents to third party spend feel safe by up to 10% through greater use of commercial & category Where valid, to management Ensure strategic explore alternative principles third party spend is service delivery focussed upon models and the defined service opportunity to outcomes that are create income for linked to a the Council within Working together commercial model relevant categories with commercial, appropriate for the of spend local authority and category of spend public sector Keeping partners in a more young people innovative and safe The development commercial way to of “best in class” deliver Future Increase the level commercial Ealing outcomes of social value contract and generated for the supplier borough through relationship increased leverage management skills of the Council’s across the third party spend organisation To increase knowledge of, and the ability to shape A strong, diverse and develop, all More key supply markets and fair for the Council affordable community housing A clean and A growing great place to economy, live creating jobs and Helping young opportunities people to achieve their potential
4) Commercial Governance The Council’s Cabinet commercial governance Level 3 Corporate follows a three-level Board approach. Joint Commercial & Procurement Board To ensure better forward planning we aim to begin any procurement exercise two years Directorate Directorate WLA before it needs to be in Contracts Directorate Contracts Directorate Level 2 Board Board place Contracts Contracts Board Board A key component to the delivery of projects are Projects & Projects & the contracts boards Contract Projects & Contract Projects & Level 1 Governance Contract Governance Contract that provide assurance Governance Governance over all spend activity, including that of ASDM’s. Governance Process Timeline & Forward Planning Process
5) Commissioning Approach Commercial Strategy (Business Case) Considerations: • Category Strategy (5- year Plan) Alignment • Background & Service Review • Options Appraisal • Demand Management • Service User Analysis • Supply Market Analysis • Procurement Proposal All contracts which are over the EU threshold for & Outcomes services or £500k for works should follow the Council’s Commissioning Toolkit methodology. • Supplier Relationship Management As part of this they should have a Commercial Strategy devised outlining what it is we want to • Commercial Impact – commission, how we will do it and then how we will Finance, Savings & then manage it. Efficiencies The strategies are approved either by the relevant • Wider Corporate Directorate Contracts Board or the Joint Contracts Implications Board. The boards provide a holistic view of Council wide • Social Value third party spend, ensuring challenge and rigour is Considerations applied to key spend decisions.
6) Contract Management Approach All contracts should follow the Council’s Contract Management Toolkit. The process covers contract administration, performance management and Supplier Relationship Management. Supplier Relationship Contract Administration Performance Management Management Implementation & Performance Management Governance Mobilisation People & Skills Benefits Realisation Relationship Management Stakeholder Management Contract Milestone Plan Quality Audit and Communications Business Continuity Planning Benchmarking Strategic Reviews Payment Validation In using a consistent approach and methodology the Council aims to ensure the following: Risk Management • Key contract outcomes and best value for money are Variation Control delivered, through a more commercial approach. Service Review & Planning • Proactively identify and manage any risks which may impact on a supplier’s ability to deliver the service / Contract Health & Financial fulfil the contract requirements to the desired Check standards. Extension Management • Improve and develop contract and supplier performance across the organisation via a consistent Asset Management approach which maximises efficiencies and promotes value add contribution across the supply base. Dispute Resolution • Appropriately influence supplier activity and decisions Step-in and improve value for money, over and above cost savings. Exit Management • Ensure that the contract is effectively administered, for Notices & Termination example from a change management perspective.
7) Commercial Policy Delivery – Twelve Key Themes To deliver the aims of the policy the Council will concentrate upon twelve key themes which will provide the structure and framework from which we will plan and prioritise our work over the next three years. These themes are summarised over the next few pages in relation to the ambitions we have, the actions we will take and the results we will strive to achieve. Each of the eight themes is as important as another in ensuring that we deliver our ambition and meet our overall purpose. A) Commercial Decision Making L) Income B) Outcome- Generation & based Trading Commissioning K) People, C) Category Skills and Management Development J) Digital & D) Demand Process Development Ambition + Management Action = Result I) Social Value E) & Community Collaboration Benefits H) Market Engagement, F) Strategic Shaping and Sourcing Development G) Contract & Supplier Relationship Management
A) Commercial Decision Making Ambition • For Ealing to be an organisation where we maximize every pound spent externally with third party suppliers, focusing on both service outcomes and the commercial arrangements that enable their delivery. Actions • A new central commercial hub providing expertise and support to the Council across the whole Commercial cycle. • Commercial training and development plans for all roles with an influence on third party spend. • Improved forward planning of all commercial activity with commissioning decisions being made two years in advance of any contract needing to be in place. Results • Improved service outcomes for residents based on need. • Reduced third party spend across all categories. • Reduced contractual risk though appropriate apportionment between the Council and suppliers. B) Outcome-based Commissioning Ambition • To embed outcome based specifications and commercial models, with appropriate risk sharing arrangements where appropriate, across all strategic contracts the Council procures. Actions • To shift our commissioning habits through increased commercial training and support from output focused specifications to those which are centred around the core outcomes a service needs to deliver. • To align all commissioned outcomes to Future Ealing. • Ensure commercial strategies focus upon the link between payment and outcomes with appropriate risk sharing and incentivisation. Results • Improved outcomes for residents. • Spend decisions focussed upon where it can make a difference. • More balanced contractual risk allocation.
C) Demand Management Ambition • To deliver commercial strategies that use innovative, service focussed but commercially minded tools and techniques for managing and reducing service demand. Actions • To adopt a capacity surplus perspective rather than a deficit model, where understanding the behavioural dynamics of expensive people based services can be used to allow citizens to support themselves in different ways. • To take a more imaginative look at service users through the deployment of behavioural analysis (and not just the traditional assessments of socio-economic need), we can segment and tailor services in ways which may see reduced levels of demand. • Channel shift through the use of other tools such as assisted technology, digital channels and data analytics. Results • The re-alignment of spend to focus on key service outcomes and prevention strategies where they are most needed, whilst also reducing levels of spend. • An improved forecast of demand will enable improved value for money with suppliers through more accurate expenditure commitments and therefore greater assurity possible. D) Collaboration Ambition • Wherever possible and appropriate to the category of spend in question, we look to collaborate with other Partners such as Crown Commercial Service, Care Commissioning Groups, West London Alliance, London Council’s etc. Actions • To ensure that all commercial strategies address opportunities for collaboration but that any joint working occurs only where it is suitable for the market in question, the service outcomes to be delivered and the business case behind it. • To ensure we take a lead in shaping collaboration with partner organisations and setting an agenda which is beneficial for Ealing, i.e. leading WLA programmes and influencing joint programmes of work from the onset via the Category Leads in the Commercial Hub. Results • Improved service outcomes for residents with a reduced third party spend across all categories through economies of scale and better value for money. • Access to expertise and capacity from partner agencies to support programmes of work and the sharing of knowledge and lessons learnt on categories. • A joined up approach to market management which utilises our joint buying power to shape them to our future needs.
E) Category Management Development Ambition • That each major category of spend across the Council has a 5 year category plan. Actions • Category Leads within the Commercial Hub to produce market tested plans alongside service colleagues for all major spend categories, consolidating and reducing the number of suppliers across the organisation. • All individual service commercial strategies to align with the overall category strategy that is in place. • Maximise the use of intelligence around supplier, market, service design and demand, developing the insight we provide to include forecasting. Results • Enables a strategic view of supply markets and services, supporting market development and collaboration. • It is estimated that by employing a category management approach to spend organisations can reduce spend by 10 – 20%. • Facilitates a holistic view of spend to reduce silo’d working, enable greater social value and aid increased value for money. F) Strategic Sourcing Ambition • To deliver sourcing processes that achieve successful outcomes and is a positive and effective experience for our suppliers, residents and staff. Actions • Align commercial strategies (sourcing plans) to the outcomes of category strategies to ensure a clear and robust programme of sourcing activity. • All high risk, high value complex projects include some form of negotiation or dialogue to maximise value for money. • Best practice is driven through the tools and standards that we adopt, and these are reviewed regularly. • Ensure compliance to UK & EU procurement regulations through our processes. Results • The realisation of all benefits outlined in any category or commercial strategies. • Appropriate challenge, and where necessary control, to ensure that our strategic sourcing processes are robust, lean and effective. • Suppliers will receive regular and constructive feedback at the end of the process to help them shape future bids and participation.
G) Contract & Supplier Relationship Management Ambition • Recognition as an SRM leader across all industries. We will achieve this by delivering efficiencies, savings and service quality improvements through a proactive and consistent approach to supplier and contract management. Actions • Ongoing training for service’s on the Council’s existing contract management toolkit. • Development of an improved approach to supply chain risk and business continuity planning across all of our strategic and critical suppliers. • Implement the new Commercial Hub’s contract management support resource across each major category. • Review of our need for an eCMS and implement improved technology accordingly, including new contracts database. • Greater grip over spend decisions with a product code-based preferred supplier list created with conformance reporting. Results • Service’s will be supported by specialised knowledge of SRM via the Commercial Hub. • Efficiencies, improvements and savings will be delivered through contract and supplier relationship management. • Performance of strategic contracts will be transparent and suppliers will benefit from open and structured relationships. H) Market Engagement, Shaping and Development Ambition • The Council will work to shape and develop markets where required, ensuring future needs can be met by the supply base. Actions • 5 Year category planning will support market development, alongside effective Supplier Relationship Management. • An ongoing programme of supplier engagement will be developed, including regular supplier forums for major categories. • Alignment of our purchasing power with other public sector partners to generate greater market leverage, i.e. West London Alliance, Pan-London Heads of Procurement, Crown Commercial Service. Results • A supply base which can meet our future needs and demand whilst still providing best value for money. • The enablement of individual choice for residents in social care and a supply base which works more collaboratively with the Council.
I) Social Value & Community Benefits Ambition • We will deliver additional value for our residents through the way in which we spend money on goods, works and services. This will be done by considering economic, social and environmental well-being in relation to our procurement processes, stakeholder engagement and contract implementation across the supply chain. • We will ensure greater visibility and influence over our supply chains, and work with our suppliers to utilise and positively deliver local benefits from public and private sector partners. We will continue to create opportunities for Voluntary and Community Sector (VCS) organisations to become part of our supply chains. Actions • Focus on increasing our spend with local suppliers across all categories, with a particular emphasis on developing local supply chains in sectors that will deliver the biggest impact on economic growth, including employment and skills opportunities, over the longer term. • Engage with our suppliers and markets to identify and secure apprenticeships and other work opportunities for local residents, to proactively address skills shortages. • Engage with our suppliers to raise awareness of environmental and sustainability requirements which need to be factored into future contracts as appropriate. • Implement mechanisms for identifying, monitoring and measuring Social Value, which allow us to be open and transparent about the benefits achieved and the cost of delivery. • Use our Social Value Strategy for Procurement to ensure that we are meeting the actual need of our local communities. • Develop stronger links with other organisations (including business groups, LEP’s, Schools & Colleges, VCS and community groups) in order to deliver the Social Value Strategy for Procurement. Results • An increase in social value benefits across contract awarded by the Council, including greater numbers of employment opportunities, higher SME spend, more local spend and increased Voluntary and Third Sector spend. • The development of an increased voluntary and community offer which is able to support the delivery of key outcomes for residents. • A more sustainable local supply base with Small, Medium, Enterprises and the voluntary sector having greater assurity of business due to long-term partnerships with the Council.
J) Digital & Process Development Ambition • Our processes will be user friendly, lean and agile, supported by the right technology to deliver best value. • Actions • Our commercial technology strategy will be clearly linked to overall technology and digital strategy and corporate governance. • Development of existing technology managed through a controlled change process for all systems across the procure-to-pay process (including e-tendering, e-contract management, purchasing and payment systems for all other Services and comprehensive analytics tools) as well as our programme management and tracking systems. Results • Systems will support all service’s meet their business needs and will see increased automation, reducing the requirement for administration. • Systems will be easy to use and procurement projects will be supported by simple processes and sound analytics. K) People, Skills and Development Ambition • We will be a success if we have the right people, with the right skills, development opportunities and support. Our strategy is ambitious and we have demanding objectives to deliver and so we must have a continued focus on developing people across the organisation with the right commercial skills. • Actions • Encourage and embed coaching, high performance and positive behaviours in all we do. • Place the best people into the Commercial Hub by encouraging internal career development at all levels as well as recruiting the best of external expertise where needed. • Invest in opportunities to grow the right talent across the whole organisation; including apprenticeships. • Develop and deliver a high quality commercial training, including a “License to Procure” and skills in commissioning, letting and managing contracts. Results • A capable Commercial Hub will help support the Future Ealing agenda and service areas deliver their business requirements more commercially. • An organisation with a wide breadth of commercial expertise which is seen as being “best in class”.
L) Income Generation & Trading Ambition • To generate additional revenue from commercial activity so as to avoid cuts to other service areas and protect front line services. • Income can be generated via various trading models on services where there is the following: • an existing level of service quality being provided by the Council that would be attractive to customers other than residents; • in a market which is not over saturated and there is a suitable for a new entrant; • the Council can be competitive in terms of pricing but still make an adequate margin (minimum 15%) so as to make it commercially viable; • trading does not divert attention from our core business of serving Ealing’s residents. Actions • Each opportunity will have an options appraisal to select the most appropriate model and a fully developed business case. Once approved a long term business plan will then be created showing how the company will grow and be sustainable. • We will be clear on the offer and desired outcome in order to assess impact and manage stakeholder expectations. This means having clarity about whether the desired result is to make a profit, take the service into public management, to make it more efficient – or a combination of these factors. • We will allow plenty of time for benefits to be realised. This is particularly important when there is no input from the private sector. Financial gains take time to secure unless there is already an established service operating in-house. • We will start small and build the business. The most successful LATCOs started with one service and grew from there, ensuring that a valid business case supported each growth phase. • The Council will always understand market demand. Knowing the local area and its strengths and weaknesses is critical. • A commercial culture will be developed. Companies need to be attractive places to work, engendering openness and trust. It should start with co-producing the vision and values as that provides the basis and the buy-in from which change can happen. Results • Can provide the authority with more direct strategic control over the service than a third party would. • The opportunity to generate profits which may be ploughed back into the authority to support wider public service delivery. • The opportunity for cost reduction by moving away from local authority terms and conditions towards more commercial ones, particularly with regard to pensions. • The creation of a separate company enables the service or activity to move away from being constrained by the local authority’s decision-making processes and become more operationally agile. • Can facilitate the shaping of markets with a new more competitive entrant.
8) Commercial Hub Overview To support the Council meet the aims of this policy a new Commercial Hub has been established to provide a central commercial resource for the whole of the Council. This replaced the previous procurement team and will be a key component to supporting not only this policy, but all service area outcomes and Future Ealing as a whole. Systems & MI Category Management Ownership of key relationships with the service, working collaboratively with strategic commissioners to Ownership of develop category and commercial strategies which ensure procurement and contract management procurement activities will work cohesively to deliver and measure service outcomes. Knowledge of the market base systems and and ability to help shape and develop supply. maintenance of contract register and forward plan. People Place Corporate Feeding in relevant MI to category leads to drive Finance; Facilities; decision Physical assets including Management; Human making. All spend in Children's, Adults Public Realm; Economic Resources; Digital (ICT), as and Public Health. Development; Planning, well as Leisure; Libraries; Highways and Transport; Customer Services; plus all Regeneration; Housing. Future Ealing activity. Contract Management & Commercial Input • Support in developing and managing outcomes based contracts through KPIs and performance measures; • Ensuring joined up approach across the Council for corporate spend, seeking opportunities to provide best value support services across the Council; • Sharing best practice and lessons learned from all spend to inform broader Council management of key contracts Procurement Project Management Resource allocated based on procurement forward plans, driven by MI and contract register as well as category strategies, to project manage and provide support to procurement activity ensuring not only compliance but innovative and collaborative go to market strategies.
8.1) Commercial Hub – Activities Performed and Associated Benefits for the Council Functional Activities Benefits of Inclusion • Setting the overarching procurement strategies through • Enables a strategic view of supply markets and services, collaboration, engagement and support of departments. supporting market development and collaboration. • • Category Management Defining and implementing Category Management It is estimated that by employing a category approaches. management approach to spend organisations can • Each spend category will be assigned a manager who reduce spend by 10 – 20%. will be the main point of contact with the directorates and • Facilitates a holistic view of spend within the centre ensure that all category targets are met. which will help to reduce silo’d working, enable greater • Requires close working with the services to understand social value and aid the implementation of category and the desired outcomes as well as a deep knowledge of commercial strategies. the market place and trends. • Ensures that key stakeholders are represented at all • Maintaining close working relationships between times to create a balance between service delivery Procurement and key stakeholders from the excellence and commercial excellence. departments. • Procurement process & methodology. • Standardised governance and processes ensures tighter • Defining, implementing and rolling out a strategic control and greater visibility of total spend across the Procurement Project sourcing process, including standardised Procurement council. Management Governance Process across the organisation. • Supports better use of resource where there is variation • Project Management of OJEU procurements, support to in procurement activity levels. middle tier procurements and visibility of self-serve • Full support around OJEU contracts ensures the council activities (tiered based on value and complexity). is making informed, risk based commercial and service based decisions in high areas of spend, whilst also operating within relevant regulatory parameters. • Providing guidance on creating and managing KPIs • By having strategic relationships with suppliers the • Tracking performance of highest tier contracts and council can encourage innovative working and Contract Management & feeding back intel to the service as well as procurement continuous improvement, working with the supply place Commercial Input and category leads within the hub to inform future to drive better value for money. commercial activity. • As the Council moves away from transactional spend • Supplier Relationship Management (SRM): Defining, and the supply base is consolidated, remaining suppliers implementing and rolling out a Supplier Relationship can be tiered by spend / importance and a structure Management (SRM) approach across the organisation. created to determine how they should be managed i.e. governance structures and performance reporting. • This enables the Council to be a more intelligent buyer. • Maintaining procurement supporting systems and • A well designed procurement system sets the foundation procurement tools & templates. from which seamless processes can be constructed as • Maintaining contracts register and forward procurement well as providing services with access to high quality 3rd plan and providing analytical support such as spend party spend data that can support and drive evidence- Systems & MI analysis. based decision making. • Monitoring overall procurement performance and • An end-to-end system allows spend to be monitored conducting KPI and savings reporting and reporting through tracking contract baselines and PO compliance against procurement plan. as well as adoption of uniform templates and governance across the organisation. • Analytics are used to highlight opportunities and trends that would have otherwise been invisible.
9) Key Risks to Delivery Theme Risks Mitigation Is the organisation able to step up to the challenge and will Council The new Commercial Hub will support the Change Departments be adaptive to new change of culture across the organisation, Culture ways of working from traditional silo plus mentoring support of key individuals working to more collaborative will assist with the change process. approaches. Without accurate contracts and Some manual workarounds are possible but spend data it will be challenging to very labour intensive and time consuming, Systems & implement any commercial change however investment in new systems to Data as there will be insufficient accelerate change and savings are knowledge and visibility of external currently being investigated. spend. Proactive category management Peer reviews of cross cutting performance Organisation will be challenging with the current across the Council will be extremely Structure directorate based organisational powerful and deliver a single view from structure which creates a silo which to take informed decisions on all approach. commercial matters. There is a risk that the Council The Commercial Hub will provide lacks the skills required to manage commercial support to service areas but Capacity & its third party spend in the there will still be a requirement for adequate Skills commercial manner outlined and operational contract management resource. therefore the delivery of the policy However, the Hub will provide training and will be challenging. coaching to upskill this resource. Without an effective commercial All ‘Key Decision’ level contracts will be governance set-up, via buy-in to reviewed at set stages of the commercial the Joint Contracts Board, the Governance cycle by the new Joint Contracts Board, i.e. Council will lack the necessary Commercial Strategy, Tender Award and cross-Council decision making to Annual Performance Review. deliver the required change. Consolidating spend does not mean that it will simply go to large organisations, with Risk in the application of social most of our spend actually still likely to be value policy and recognition of the with SME’s. However, SME’s will now have need to be careful that greater greater assurity and volumes of business Social Value commercialisation of external making them more sustainable. The Council spend does not lead to all contracts can also target smaller organisations as via large corporates at the expense part of Tier 2 (and below) supply chains of local suppliers. when designing a commercial strategy for a service.
10) Activity Planned Over the Next 24 Months Children, Adults and Public Health X39 Current major Projects 17-18 Spend Est Active Contracts x200 worth £35M (Revenue/Capital) of £170M (excluding Better Lives) Upcoming Commercial Activity Parent Partnership Service SEN Transport Carers Watch 3 x Children's DPVs Interpreting & Translation Public Health Various School Meals contract in 59 Ealing Integrated Lifestyles Male Perpetrator Service primary & special schools Services (One You Service) Provision of Independent Children's & Adults Substance Review Officers Looked After Family Coaching Service Misuse treatment service Children and Care Leavers Commissioning stream for Adult Support Independent Travel Support Better Lives Children’s Centres External Better Lives support contract Healthwatch Contracts (EASE) (Impower) Moorland Court Extra Care Children & Adult Mental Health Children's Residential Services Sheltered Housing Home Service Support. Capital modernisation (summer Adoption and fostering shared works) and Major Capital service projects Environment and Customer Services 17-18 Spend X17 Current major Projects Est Active Contracts x21 (Revenue/Capital) of £64M worth £27M Upcoming Commercial Activity Out of Hours Highwire Pitzhanger Service Agreement Stray Dogs Environmental Services Gunnersbury Park Gunnersbury Park Sports Pavillion MRF Community Centres Fencing Festival and Events Libraries Minor Civil Engineering and Parking Services Online Portal Highway Maintenance Environmental Enforcement Gurnell Redevelopment Waste LATCO Parking
10) Continued… Housing & Regeneration X17 Current major Projects 17-18 Spend Est Active Contracts x 24 worth £22M Services / £80M (Revenue/Capital) of £120M Capital Upcoming Commercial Activity Temporary Accommodation Digital Advertising Property Security for Voids LATCO Cycle Training WiFi concession Lift Maintenance & Installation Internal & External Refurbishment Electrical Maintenance & Minor Estates and Valuations Works Works contract Planning Enforcement Service for Garages commercialisation Capital Letters ICT Outhouses project Copley Close Phase 3 Affordable Housing Sustainability capital projects General Legal Advice Services CCTV for housing Home Improvements DPS Responsive Repairs (East) Perceval House / Town Hall Golf Links Estate Modernisation Responsive Repairs (West) Selling workspaces to SMEs Water Supplies Corporate Resources 17-18 Spend X26 Current major Projects Est Active Contracts x 53 (Revenue/Capital) of £41M worth £29M Upcoming Commercial Activity Energy Supplies Security Services Legal services Fabric Repairs Courier Services Agency Staff Access Control Off-site Record Storage Digital Strategy Asbestos Services Printers & MFDs ICT Various Perceval House New Build Consultancy Services Procurement Systems Professional Services Construction Materials Recruitment Advertising Services Training Strategic and HR management Stationery Travel & Hotels consultancy services Check Cabinet FWD PLAN TOO Apprenticeship Levy Banking Fleet Outcome Reviews Delivery Treasury Consultancy Service Cash Collection Services Partner
11) Key Performance Indicators & Targets Year 1 Year 2 Year 3 Target Description Goal Goal Goal On-Contract Spend % 70% 75% 80% Active apprenticeships within 15+ 25+ 35+ contracts LLW paid by suppliers in contracts 60% 70% 80% (% of total contracts) Local Spend % 20% 25% 30% SME Spend 65% 70% 75% Challenging 0.5% + 0.75% + 1.00% + Supported Standard 1.0% + 2.0% + 3.0% + Project Savings Economical 2.5% + 3.5% + 5.0% + Strategic Sourcing – 0 0 0 bidder challenges % of spend covered by commercial 60% 65% 70% / category strategies
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