efficiency east midlands employment and skills workshop rhianna john solicitor, projects and...
TRANSCRIPT
Efficiency East Midlands employment and skills workshop
Rhianna JohnSolicitor, Projects and Construction department
Trowers & Hamlins LLP
23 April 2010
The Skills Project
Agenda■ Introductions ■ Outline of the session■ Introduction to the client-led approach ■ Review of the client-led approach benchmarks and employment
and skills outputs ■ Consortium procurement proposals■ Discussion of the application of the client-led approach ■ Joint formulation of a consortium-wide Employment and Skills
Strategy ■ Agreement of follow up actions■ Close
The Skills Project
Client-led Approach
■ Objective Support employment & skills development
■ Strategy Include requirements in project procurement based on a defined Employment & Skills Strategy
■ Toolkit - Employment and Skills Plan (ESP) – setting out requirements
- Method Statement – demonstrating understanding
- Definitions, benchmarks and monitoring
- Legal guidance
- Contract clauses
■ Support Guidance document
Workshop to help embed the approach
Follow up advice
The Skills Project
Consultation and Implementation
■ Consultation with OGC for EU compliance■ Consultation with publishers of JCT, NEC3 and
PPC2000 for appropriate standard form wording■ Consultation with nine pilot local authorities■ A strong platform for immediate implementation by
public sector clients■ A consistent approach coordinated by
ConstructionSkills
The Skills Project
Consortium engagement
■ Aim = produce a consortium-wide Employment and Skills Strategy
■ To be developed and finalised■ Utilised as basis for project-specific
procurement■ Joint procurements■ Integrating individual procurements
The Skills Project
Process
■ Initial project review■ OJEU notification■ Selection■ Tender process and award■ Contract development■ Implementation and monitoring
The Skills Project
Initial review
■ Is the procurement suitable for an Employment and Skills Strategy?
■ Benchmarks:■ 12 employment and skills areas ■ various contract value bands
The Skills Project
EU Procurement
■ “Contracting Authorities”■ Thresholds■ Incorrect tender procedures may result in
challenge from aggrieved contractors■ New remedies under Remedies Directive
The Skills Project
OJEU notification
■ EU wide advertisement■ Make clear intention to include employment and skills
requirements
Selection■ Respond to OJEU Notice with a Pre-Qualification
Questionnaire■ Short list for tendering■ Request indication as to previous experience■ Method Statement
The Skills Project
Tender process■ Invitation to Tender■ Minimum employment and skills requirements should be
set out in bid process■ Confirm commitment■ Complete an Employment and Skills Plan■ Method Statement
The Skills Project
Local agenda
■ Political pressure to increase local employment opportunities
■ Public Contracts Regulations 2006 (Regulation 39) - social considerations
■ OCG “Promoting skills through public procurement”
■ “Contract conditions must not discriminate directly or indirectly against national or non-national tenderers”
The Skills Project
Contracts
■ PPC2000■ NEC3■ JCT■ Framework Agreements
■ Consulted with OGC
The Skills Project
Contract development
■ Employment and Skills Plan & Method Statement included in contracts
■ No opportunity to negotiate under Open or Restricted EU procedures
■ Two-stage procedure adds flexibility■ Competitive dialogue enables flexibility
The Skills Project
Monitoring
■ Project Manager reviews against Employment and Skills Plan and Method Statement
■ Key performance indicators■ Monthly reporting requirements■ Post-project review
