Procurement Reform Bill Annie Gunner Logan Director CCPS

Procurement Reform Bill Annie Gunner Logan Director, CCPS 12 December 2013

Re-tendering of care and support n n Causes instability, uncertainty and anxiety Has driven down hourly rates to unsustainable levels, with a particular impact on the workforce Takes up management and staff time that could be better used improving and developing services Clashes with principles and practice of SDS

CCPS Procurement Survey 2013 n 2% of providers engaged in developing service specifications n 12% confident that service users and families are notified appropriately n 84% chose not to submit, typically because of price cap/ total contract value n 34% asked to drop price after contract award

CCPS Provider Survey 2013 Some movement towards outcomes in contracts n Big shift to frameworks rather than service contract tenders n Trend towards generic services n Minimal adjustments for SDS n Still largely about cost “There’s a lot that doesn’t go out to tender” n

Procurement Reform Bill n Applies EU Treaty principles (equal treatment of suppliers, non-discrimination) to all contracts over £ 50, 000 n Sustainable procurement duty Procurement strategies and annual reports Ministerial guidance on selection of tenderers, including “recruitment and terms of engagement of the workforce” n n

Cabinet Secretary response Infrastructure & Capital Investment Committee 11/12/13 Scottish Government will introduce an amendment at Stage 2 to take social care contracts out of scope of the requirement for advertisement and competition (but leave them in scope for everything else).

Merry Christmas! “We will introduce n amendment at Stage