Selling to the Public Sector – helping Leicestershire SMEs unlock their potential Preparing Effective PQQs & Tenders Bob Moodie & Vicky Byers NJM European, Economic & Management Consultants Ltd Preparing Effective PQQs & Tenders The Procurement Context & Process Identifying tendering opportunities in the local economy Developing a Strategic Approach Preparing effective PQQs and Tenders The Procurement Context: Regulatory Framework EU Procurement Directives (Competition Policy) European National Government Strategy Statutory Requirements Local LA Procedures, Statutory Requirements Local Agreements EU Procurement Thresholds Supplies Central Government plus some ‘Quangos’ (see Schedule 1 List) Other Public Sector e.g. Local Authorities, Universities, FE, etc Services Works €125,000 €125,000 €4,845,000 (£101,323) (£101,323) (£3,927,260) €193,000 €193,000 €4,845,000 (£156,442) (£156,442) (£3,927,260) Thresholds relate to Total Contract Values (including any extension options), are applicable from 1st of January 2010 and are NET of VAT Principles: Open competition, non-discrimination, equal treatment and transparency. Note: Exchange Rates A New Procurement Environment Policy/Legal Economic/Financial EU Competition Policy (Procurement) Price & Value for Money (VFM) & M.E.A.T. Coalition Govt. / Local Govt. (Transparency – LAs must publish details of all Invoices of £500+) Comprehensive Spending Review Rationalisation & Framework Agreements Coalition Govt’s aspiration to award 25% of Contract Bundling (Economy of Supply) central Govt. contracts to SMEs Ability to deliver economies and efficiency Leicestershire County Council’s savings Sustainable Commissioning & Procurement Strategy (2009-13) Social Technological Corporate Social Responsibility E-Portals Sustainability, Equality & Diversity E-tendering & E-auctions Innovation & non contractual outcomes Real time reporting Procurement Procedure Procedure Characteristics When the procedure is adopted Open All qualified applicants must be given the opportunity to bid For lower risk procurement where supplier capability is less important or where the focus is on price Restricted Two stage process with facility to shortlist (PQQ + Tender) Where capability of supplier is key determining factor in the delivery of the contract, market response likely to be huge to allow short-listing Negotiated Two stage process with facility to negotiate at second stage Specification is not clear or some creative, artistic or expert input is required. Competitive Dialogue Two stage process with facility to enter into a dialogue with potential suppliers to consider potential solutions and refine specification before invitation to tender Complex procurement where suppliers expertise has significant impact on the development of the specification Framework Agreement Stage One: Suppliers selected through open/restricted procedure to a panel of suppliers for given period Stage Two: Call-Off or Mini competition will be held when services/goods required Capability and Capacity is important and is generally a recurring/constant requirement (max 4 years; including extension options) Procurement Process Overview Procure Contract Notice EOI Tender Commission Review PQQ Manage Award Evaluate Identifying Opportunities: Opportunities: Public Sector UK Public procurement is estimated at over £175 billion per annum (13% of UK GDP). Leicestershire County Council spends over £300 million each year on goods, works and services. From 2011-12 to 2014-15, the Council will need to make savings of around £82m, including £22m from commissioning and procurement. Leicester City Council’s estimated procurement budget for the Authority was £260 million p.a. (2007-2008). From 2011-12 to 2014-15, the Council will need to make savings of around £100m from its total annual budget of circa £1bn. NHS Leicestershire & Rutland Procurement Partnership influences spend of approximately £250 million on goods and services each year. Opportunities: Public Sector 9 Local Authorities: Leicestershire County Council Leicester City Council North West Leicestershire District Council Charnwood Borough Council Melton Borough Council Blaby District Council Harborough District Council Oadby & Wigston Borough Council Hinckley & Bosworth District Council 3 Universities: Leicester, Loughborough, De Montfort 7 FE colleges: Stephenson, Loughborough, Brooksby Melton, North Warwickshire & Hinckley, South Leicestershire, Leicester, Loughborough University School of Art & Design Schools Other: NHS (subject to major review) Housing Associations / RSLs The Emergency Services Local Procedures Public Sector Organisation Leicestershire County Council Blaby District Council University of Leicester Threshold (Goods & Supplies) Procurement Process & Source <£1k £1k – £20k >£20k – £100k 1 Oral / Written Quote 3 Written Quotes or www.sourceleicestershire.co.uk Request for Quotation www.sourceleicestershire.co.uk >£100k – EU threshold (£156,442) Formal Tender Process www.sourceleicestershire.co.uk Or www.espo.org £0 – £1.5k Officer discretion >£1.5k – £5k 2 Written Quotes >£5k – £50k 3 Written Quotes >£50K - EU threshold (£156,442) Formal Tender process (min. 4 organisations invited) £5k - £25k >£25k – EU threshold (£156,442) 3 Oral / Written Quotes Formal Tender via departments or www.in-tend.co.uk Finding Opportunities Where should you look / who should you know? PUBLISHED UNPUBLISHED SOURCES Tender websites & Supplier portals Networking / relationship building Organisational / Sector websites Procurement Teams / Category Managers Tenders Electronic Daily (TED) Operational departments and units Local / National press / Press releases Market analysis / competitor intelligence Trade Press Partners / sub contractors Meet the buyer events / briefings Second / Third Tier Contractors / Supply chains Contract Notices: Key Websites Name: Source: Used by: Source Leicestershire www.sourceleicestershire.co.uk LAs, NHS in Leicestershire Eastern Shires Purchasing www.espo.org Organisation LAs, NHS in Leicestershire, OJEU tenders Leicestershire County & Rutland NHS http://www.lcr.nhs.uk NHS Voluntary Action Leicestershire www.valonline.org.uk Contract opportunities for voluntary sector In-Tend www.in-tend.co.uk Universities, Colleges, Schools, LAs (some in Leicestershire and nationally) Blue Light www.blpd.gov.uk Police, Fire & Rescue Services (including Leicestershire Constabulary & across UK) Supply to Government www.supply2.gov.uk www.supply2health.nhs.uk Lower value government tenders (*website will be replaced by ‘Contracts Finder’ March 2011) OJEU www.ted.europa.eu Any public sector contract above EU Threshold Be Systematic & Get Organised What is your target market? In your target market who are the key buyers - Personnel at Department level and Procurement Officers (important for low value contracts that are not formally advertised)? Engage procurement personnel - make sure they know you exist, seed ideas Find out about approved (accredited) supplier lists however note that authorities are moving towards framework agreements Register your details on tender e-portals and set up for Alerts service, newsletters etc Be Systematic & Get Organised Set up internal processes and individual(s) to monitor tender portals, alerts, sources and review feedback Network (buyers/commissioners, meet the buyer events) Competitor analysis (New Transparency - £500+) Search for potential business partners / collaborators / subcontractors Develop / improve your key policies so that you comply with public sector tender competition requirements Accreditation (e.g. CHAS, ISO, IiP etc) Developing a Strategic Approach To bid or not to bid? Strategic Decision Making Is the tender a good fit in relation to your company’s activities? Can you meet the eligibility criteria (technical qualifications, policy compliance e.g. Quality Assurance, Insurance) ? Do you have a good track record in relation to the opportunity? Do you have the trading history (e.g. 2 years Accounts)? Do you have the capability and capacity to deliver the contract if successful? Can you make sense of the budget and can you deliver the contract on time? Strategic Decision Making What are the risks? Who are your competitors? What percentage of your turnover does the contract represent? Do you need a partner(s) or will you use subcontractors? What is the percentage chance of success? Do you have the time and resources to devote to preparing a good bid? Strategic Decision Making Solo or Collaborative Bidding? Form a consortium if: You don’t have the capability or capacity You can’t meet the 20% rule Options: Consortium Joint Bidding Lead Contractor & Subcontractor Legal basics – will you be jointly and severally liable? Memorandum of understanding (MoU) / Partnership agreement / (Non Disclosure agreement (NDA); Agreement not to compete in other tender) Service level agreement (SLA)/contract NB. consortium should be properly led, constructed and managed Consortia Benefits: Risks: Increase capacity and scope to bid e.g. Overcome PQQ impediments Partner selection and getting Agreement / legal document Shared trade history (combined capability and capacity) Trust relationship (how well do you know your partner – can you be confident they can and will deliver) Business Development: Access new clients and markets Complex decision-making, loss of autonomy, compromises and concessions Spread risk Sharing sensitive information Mutual learning and innovative approaches Logistics (Co-ordinating bid) Delivered additional added value (the Logistics (Contract delivery) whole is greater than the sum of the parts) Improve chance of success Pre-Qualification Questionnaires The First Hurdle Evaluation of your organisation The aim of the PQQ is to check that your company is (for the contract term) Technically competent Financially sound Legally compliant Gives the buyer a means of short-listing interested organisations on the basis of fair and objective criteria PQQ: Example Scoring Framework Section Score Weighting 1 Organisation Details N/A 2 Financial Information N/A or Risk Based Assessment Pass/Fail 3 Insurance 4 Business Activities 15% 5 Business Practices 30% (Total) Pass/Fail Health & Safety 5-10% Quality Assurance 5-10% Environmental Management 5-10% Equality 5-10% 6 Requirement - specific 40% 7 Experience & References 15% 8 Professional & Business Standing Pass/Fail Example ‘Scoring’ Criteria Score Response Type Reason indicated for Score 0 Non-compliant response No relevant information / solution provided in response to contract requirements. 1 Unacceptable response Partially compliant response but with serious deficiencies in solution offered, indicating serious difficulties / inability to deliver contract requirements. 2 Unsatisfactory response Partially compliant response with shortfalls in solution offered, indicating not all contract requirements could be met and thus difficulty in delivery of the contract. 3 Acceptable response Compliant response, indicating basic contract requirements are met but not exceeded. Contract could be delivered. 4 Good response Compliant response, clearly indicating entire delivery can be met and solution offers some limited benefits beyond stated requirements. 5 Excellent response Compliant response, bidder illustrated comprehensive understanding of contract reqs. Proposed solution provides significant additional benefits beyond stated reqs. PQQ Information General Business Information Business Details Status (Sole contractor / consortium) Ownership Business Probity Professional Conduct Documentation required may include: Company History HR Information Administrative Information (Company Registration/VAT Number) Quality Standards Accreditation / Certificates PQQ Information Financial & Insurance Information: Turnover Accounts Insurance Documentation Required may include: Audited accounts, Management accounts, Parent company accounts Bankers statements & accountants’ references Financial projections, including cashflow forecasts Details of previous contracts and values Capital availability Certification of Incorporation, Certificate of Name Change Insurance Certificates NB financial vetting is based on sound business judgement and not just the application of financial formulae PQQ Information General Business Activities Overview of Existing Business Activities Overview of Main Areas of Expertise & Accreditation What percentage of your business is concerned with providing services similar to the contract requirement HR Information (Number of Staff, Staff Profiles) Contract Specification Explain and demonstrate your Capability and Capacity to fulfil the contract requirement Case Studies (relevant to contract specification and demonstrating your ability to fulfil the size, scope and complexity of this contract) Subcontractors Relevant References (norm = 3 recent referees) & contact details PQQ Information Essential Policies: Quality Management Equality & Diversity Health & Safety Environment Management & Sustainability Why are they necessary? They are a legal requirement They are a purchaser requirement They help articulate the company’s values and principles for both staff and clients They bring business benefits and are relevant to contract delivery ♪♫ Accentuate ♪ the Positive ♪♫♪ Do you have a Health & Safety Policy? Weak Answer: “Yes, see Appendix 1” Good Answer: “The Health & Safety of our staff and customers is a vital part of the company’s quality process. We operate a comprehensive Health & Safety Policy (see Appendix 1) covering all aspects of our products (services) and operations and it is reviewed biannually.” For an SME employing less than 5 people: “Although we are not required legally to have a Health & Safety Policy, we take this matter very seriously and have adopted a Health & Safety Policy in the interests of our staff and clients (see Appendix 1)” ♪♫ Accentuate ♪ the Positive ♪♫♪ What Quality Assurance arrangements does your company operate? If no accreditation is held please explain why not and what alternative steps you take to ensure quality at work? Weak Answer: “We operate our own quality system. We have determined that formal accreditation is inappropriate to our company’s needs. Complaints are the responsibility of the Managing Director.” Good Answer: “We regard quality as a vitally important part of our business activity and we operate a comprehensive and strict internal quality assurance process covering all aspects of our business activity (details can be found in Appendix 2). We are committed to a process of continuous improvement and we are in the process of applying for ISO 9001 (we expect to be assessed in May of this year)” Business Continuity What is your Approach to Risk Management in terms of Business Continuity? Do you have a formal Business Continuity Management Programme? If YES, enclose a copy of your plan/programme document Within the last 3 years have there been any occasions when you business operation has been disrupted? If YES what were the circumstances and what was the effect upon your customers? Do you have a strategy for ensuring continuity of supply from your critical suppliers? Avoiding a Poor Score Common reasons for a poor score: 1. Failure to follow the instructions 2. Writing by committee, no narrative flow and lack of control/ownership 3. Incomplete or missing answers/sections 4. Supporting documentation incomplete 5. Repeating answers or referring to ‘see above’ (questions are rarely repeated) 6. Over emphasising what you sell, rather than what they are looking to buy 7. Recycling old PQQs & Tenders: Beware ‘Cutting & pasting’! 8. Generic PQQ/Tender response 9. Providing response on general capability instead as opposed to specific contract requirements Invitation To Tender (ITT) The Second Hurdle Evaluation of your detailed proposal What are you going to do How are you going to do it Who is going to do it How much will it cost What is your track record / prior experience Compliance References ITT Information Invitation to Tender (ITT) pack will include: Instructions to Tenderers Introduction from buyer who will set out the vision The Specification The Evaluation Criteria & Relative Weighting Form of Tender Draft Contract Terms and Conditions Declarations / Bona Fide Pricing Schedule Preparing the Tender Managing the preparation of your bid Get your team together, appoint a bid manager and conduct detailed review and interpretation of tender requirements. Determine whether you require clarification of any aspect of the tender and ask the question(s) allowing enough time for a response. Check regularly to see if any questions/answers have been submitted by competitors. Be aware that any question you ask will be notified to other suppliers) Prepare work plan & allocation of roles/tasks/milestones with reference to tender & submission deadline. o NB: Build in time to review, refine and style bid Preparing the Tender Tender Design: What is the Buyer looking for? Design a clearly structured tender response aligned against each tender requirement and criteria (e.g. core, gateway and specific). Ensure compliance! Demonstrate a clear understanding of the brief (i.e. the challenges are understood and addressed) Methodology: clearly show who (CVs) does what, why, when, how and benefits from buyer’s perspective – illustrate with diagram (Gantt) Identify and demonstrate clearly your capability and the innovation of your offer (USP) - can your offer exceed the contract requirements and provide additional benefits, outcomes? Contract management and communication (i.e. how you interface with the client to monitor project) Preparing the Tender Standing Out from the Crowd Have you articulated ‘Why choose us?’ Have you fully defined the key features, quality and benefits of your approach? Have you used and made the most of recent and relevant case studies to illustrate your track record? Have you gone the extra mile in manifesting your understanding of the brief and the design of your solution? Conduct a mock assessment against the evaluation criteria and relative weighting Presentation Case Studies: Example Structure Client Name & Contract Title Work of same/similar nature, scope and scale What, When and How you did it Client Benefit (Outputs & Outcomes) Innovation & Added Value Contract Value/Price Reference confirming work was performed to client satisfaction and to schedule NB Be concise and relevant Preparing the Tender: Costing Your Proposal Follow Instructions in Tender re presentation of costs/fees/prices For services: Charging Rate(s) (Daily/Hourly) & Time & Personnel Fixed Cost / Variable Cost Expenses & Disbursements Contingency VAT Innovative Cost Proposals Discounted Cost e.g. 5% early payment, economies of scale and efficiency savings linked to contract term and/or number of contracts (Lots) awarded Buyer comfort: Offer 10% Contract Price Withheld until completion Value for Money and Best Value (VfM) VfM is the optimum combination of cost, quality and fitness for purpose to meet the buyer’s requirements (it is not about the lowest price) Local authorities are subject to the Best Value guidelines Embraces the concept of the ‘price-quality’ relationship Selection usually will be made on the most economically advantageous tender (MEAT) Risk: What is your Approach Risk identified for: Client Delivery Supplier Mitigation (i.e. what will you do) Impact Classification (High, Medium, of risk: Low) Reputation (R), Operation (O), Finance (F) Exercise As a local company, how might you emphasise that you have a number of advantages? Exercise: Example Answers Wrong Answer: The Council should give contracts to local companies as a matter of course, because it retains profit in the area and improves local employment levels. Right answers: Lower Cost Base Close proximity to client : Allows customers to change their requirements at short notice Local knowledge: Specialised knowledge of local issues or local communities Fast response time, leading to better and more flexible service Improved environmental impact of shorter travel distance; potential economies of expenses Commitment to sustainable procurement (Investing in Local Supply Chain) Corporate Social Responsibility (Community Investment & Involvement) Preparing the Tender: Bid Writing Language & Style: Write in plain English: short sentences and paragraphs; Avoid jargon and unexplained abbreviations Use ‘active’ verbs, refer to ‘we’ and ‘you’ In your response try to reflect key wording as found in the tender specification Punctuation and spelling really matter Lay-out: Use clear headings aligned to tender specification; standardise fonts, illustrate where possible Aim for clarity, brevity, readability and persuasion Buyer Preferences LIKE Don’t like Concise and precise language Wordy tenders, Inconsistencies and errors, poor use of grammar Clear structure (esp. Methodology) Poor methodology (failure to define who does what, where, when, why and how) Challenges have been understood and properly addressed Deviation from defined requirements, lack of understanding of client requirements and failure to answer questions Relevant background information Lack of detail/explanation or ‘data dump’ Properly defined & appropriate resources Unclear who will be involved in delivery Systems & procedures Exaggerated and unsubstantiated claims Innovation – or the opposite (tradition) Poor evidence of reliability Risk assessment (mitigations) No risk assessment Case studies & references Irrelevant case studies Do’s & Don’ts Do not attempt to find an “inside track” (canvassing) Respond by the correct date + time (electronic, electronic + post, post?) avoid last minute submissions Ensure the submission is complete AND signed including copies of requested documentation, e.g. insurance certificates, policies, audited accounts etc Use tender envelope/label if provided and check if there is a tender reference Look carefully at the evaluation criteria, scores and “weighting”. This should influence time and effort in preparation of answers Concluding Remarks Make note of instructions, word limits and submission format Be compliant! Try to understand what each question is asking and why they are being asked. Answer the Question Note the scoring / weighting of criteria. Spend time / effort on your response accordingly Anything you are not sure of, contact the buyer (but be aware that any question you ask will be notified to other suppliers) Answer all questions honestly and be keen and positive in your responses (emphasise your USP). Double check your response / second pair of eyes Ensure you complete and submit all the documents required Make careful note of the deadline and make sure you submit well in advance of the deadline (Avoid last minute submissions) If unsuccessful (or successful) ask for a debrief Be... Compliant • Tender Format & Requirements • Policies, Insurances, etc Persuasive • USP • Added Value and/or Innovation Competitive • Quality • Price Tender Sources www.espo.org www.sid4health.nhs.uk www.sourceleicestershire.co.uk www.construction-on-line.co.uk/ www.sourcenottinghamshire.co.uk www.delta-ets.com www.sourcenorthamptonshire.co.uk www.ted.europa.eu/ www.sourcelincolnshire.co.uk www.exor.co.uk www.sourcederbyshire.co.uk www.bluelight.gov.uk www.CompeteFor.com www.cbconline.org.uk www.supply2.gov.uk www.contraxonline.com www.tenders.ac.uk www.publictenders.net/tenders/region/east-midlands www.in-tend.co.uk www.dh.gov.uk/ProcurementAndProposals/fs/en www.supply2health.nhs.uk www.publicprocurement.co.uk www.procurement.supplychain.nhs.uk www.buyingsolutions.gov.uk www.skillsfundingagency.bravosolution.co.uk For one to one support contact: Email: bob@njm.co.uk or vicky@njm.co.uk Tel: 0191 284 4949