PPRB (14) 1-2 Public Procurement Reform Board Minutes of Joint Meeting of Public Procurement Reform Board and Public Procurement Advisory Group Held on 8 October 2013 Scottish Parliament, Edinburgh In attendance PPRB Members Barbara Allison, Director of Human Resources and Organisational Development, Scottish Government Alistair Crichton, Executive Director Finance and Customer Services, North Lanarkshire Council (deputy) Ian Crichton - Chief Executive, NHS: NSS Lindsay Montgomery - Chief Executive, Scottish Legal Aid Board John McClelland - Author: ‘Public Procurement in Scotland – Review & Recommendations’ Alastair Merrill - Director, Scottish Procurement & Commercial Directorate, SG John Waddell - Chief Executive, Archangel Informal Investment PPAG Members Stephen Boyd, Scottish Trade Union Congress John Downie, Scottish Council for Voluntary Organisations Annie Gunner Logan, Community care Providers Scotland David Hutcheson, Institute of Directors Pauline Graham, Social Firms Scotland Susan Love, Federation of Small Businesses Ashleigh McLennan, Scottish Council for Development & Industry Helen Macneil, Glasgow Council for the Voluntary Sector Anthony Rush, CBI Scotland (deputy) John Yorkston, Scottish Chambers of Commerce Additional Attendees Dorothy Cowie, Chief Executive, Scotland Excel Ian Howie, Scottish Procurement, Scottish Government Paul McNulty, Scottish Procurement, Scottish Government Colin Sinclair, Director of Procurement, Commissioning and Facilities, NHS NSS Angus Warren, Chief Executive, APUC Ltd Karen Thomas, Scottish Procurement, Scottish Government (Secretariat) Apologies Apologies have been received from: Page | 1 A6952906 PPRB (14) 1-2 Nicola Sturgeon, Deputy First Minister and Cabinet Secretary for Infrastructure, Investment and Cities. Liz Cameron, Scottish Chambers of Commerce John Connaghan, DG Health & Social Care David Dorwood, Chief Executive, Dundee City Council David Martin, Chief Executive, Renfrewshire Council Colin Mair, Improvement Service Rory Mair, COSLA Nosheena Mobarik, CBI - Mr Anthony Rush (deputising), CBI Scotland’s Public Services Group Nigel Paul - Director of Corporate Services, The University of Edinburgh & Chair, APUC Ltd Gavin Whitefield, North Lanarkshire Council - Alistair Crichton, Executive Director, Finance and Customer Services (Deputising) Item 1 Welcome and Apologies 1. John McClelland welcomed the members of the Public Procurement Reform Board (PPRB) and Public Procurement Advisory Group (PPAG) to the second joint meeting of the two groups. 2. He conveyed apologies from the Deputy First Minister who was on Parliamentary business at short notice and unable to attend. She had asked him to chair the meeting in her absence. 3. Mr McClelland noted the other apologies and informed the Group of the resignation of Derek Watson, Quaestor, University of St. Andrew’s from the PPRB. He noted that Ms Sturgeon had written to Mr Watson thanking him for his contribution to the Board and the Reform Programme. Item 2 Minutes of the Last Meetings 4. The minutes of the last meetings of the PPRB and PPAG, both held on the 28 May, were issued to all attendees as background information. 5. It was agreed that members of PPRB and PPAG should send any comments to the Secretariat by 30 October rather than discuss the minutes in any detail here. Action 1: All members – to provide any comments/corrections to the previous minutes to the Secretariat by 30 October 2013. Item 3 Strategic Discussion - Impact of Procurement 6. Mr McClelland invited Alastair Merrill to introduce the paper that had been circulated to inform discussion. The key points were: At the last joint meeting there was a rich discussion led by Gary Gillespie around the broader contribution of procurement to economic growth. The Page | 2 A6952906 PPRB (14) 1-2 paper seeks to build on that, to shape next phase of procurement reform in light of Reform Bill, Construction Review and European Directives. 7. There has been extensive discussion in the Procurement Reform Delivery Group (PRDG) around strategic outcomes we should be seeking from the overall programme. The paper seeks PPRB endorsement of vision, outcomes and indicators for third phase of reform, and direction to the Delivery Group to develop targets, monitor performance and build the evidence base. A distinct model of procurement has developed in Scotland over the past seven years. A key strength of the Scottish Model is a procurement reform programme that is owned by public sector as a whole; but one that has been developed in partnership with supplier and third sector communities. As the programme has matured, so have sectoral strategic priorities, operational responsibilities and accountabilities have assumed greater importance. It is opportune to have a broader discussion around the governance structure for the programme as move into this new phase, to ensure it properly reflects and supports the sectoral ownership of procurement reform within the broader context of a single overall reform agenda. In discussion the following points were raised: The direction of travel was welcomed by all PPRB and PPAG members. There is a need to ensure that there are clear linkages between the outcomes and procurement strategies. Outcomes and KPIs needed to take account of measurement, the need for visibility, consistency, and proportionality. Recognition that there were differences between the sectors and the need to develop plans that accommodate this whilst still maintaining the direction of the overall programme. The importance of understanding the impact of the Procurement Reform Bill going forward. There is a need to consider the contribution of procurement to the broader policy aims of Scottish Government. In particular perceptions of procurement need to be addressed more widely, to ensure that it is not seen as a barrier, but an enabler of economic growth and policy. The indicators needed to be sufficiently challenging, whilst recognising that some would be more relevant for individual sectors than for the overall programme. - In particular, further consideration should be given to setting challenging but realistic savings targets. SMEs account for almost all of Scottish businesses, and consideration should be given to how procurement efforts could be targeted at specific sub-sets of SMEs e.g. start-ups, particular commodity areas/industry Page | 3 A6952906 PPRB (14) 1-2 sectors, or businesses providing employment in areas of social deprivation. 8. It was timely to review the appropriate governance structure to take forward the Programme, particularly in view of the imminent publication of the Independent review of Construction Procurement. Merging the PPAG and PPRB would provide greater momentum and joint ownership, and an opportunity to refresh both membership and remit. The Group agreed: To endorse the Scottish Model of Procurement, and confirm that the strategic objectives remain relevant for the next phase of reform. That the outcomes should be regularly reviewed, in particular to ensure alignment with the Bill and broader policy objectives. The Procurement Reform Delivery Group should undertake further work to .i. draw out more clearly how the outcomes align with the Procurement Reform Bill .ii. develop the plan(s) to demonstrate how/when the outcomes will be achieved .iii. develop an appropriate performance measurement regime/evidence base to inform future reporting To develop further proposals for assisting particular categories of SMEs. To merge the PPRB and PPAG, providing collective strategic ownership of the procurement reform process. Action 2: All members – to provide suggestions to the Secretariat by midNovember regarding: i. areas for inclusion in the measurement regime. ii. future membership iii. changes to PPRB remit. Action 3: PRDG – Provide a report to the next meeting detailing: i. how the outcomes align with the Procurement Reform Bill ii. the plan(s) to demonstrate how/when the outcomes will be achieved. iii. the measurement regime/evidence base to inform future reporting. Action 4: Secretariat – to confirm with Chair the future membership and remit of the merged PPRB/PPAG by early January 2014. Item 4 – Performance Report 9. Mr Merrill introduced the Performance Report prepared by the Procurement Reform Delivery Group. The key points were: The report provides a summary of current evidence available. Supplier access information was based upon an incomplete data for indicative purposes and is expected to improve as the year progresses. Page | 4 A6952906 PPRB (14) 1-2 10. In discussion it was noted: There are still issues regarding the collection of savings data at a local level. In addition to savings, the wider benefits needed to be reported in future. Although there were challenges to collect data, efforts should be made to provide a more holistic picture of the benefits of the Programme. 11. Each Centre of Expertise provided a brief update on performance and future work plans. Scotland Excel: Local Authority Sector 12. Dorothy Cowie provided an overview of Scotland Excel’s current business plan which was developed around the strategic priorities of local authority customers. The key points were: Scotland Excel is in year 2 of the 3 year business plan. The plan reflects the wider context of the national Public Procurement Reform Programme. The focus for the sector is on delivering wider benefits from procurement, reflecting the complex local authority landscape. The input of members of the PPRB and PPAG at the meeting was welcomed as it would help to inform the development of the next 3 year plan which is commencing shortly. As part of this, a review of the different business models in place across the centres of expertise would be considered to determine their appropriateness for the sector. Future plans would accommodate changing public services provision including those related to the integration of health and social care services. 13. In discussion it was noted: The percentage of spend that is covered by collaborative contracts is lower in local government than it is in health. The reasons for this are being assessed as part of a review for the next three year plan The proportion of savings appears to be lower than other sectors. Like all sectors, savings for non-collaborative spend is still limited but work is ongoing to gather more comprehensive data for future reports. The supply side noted that the level of engagement with Scotland Excel has improved but suggested that continued engagement is needed to counter misperceptions of the role of Centres of Procurement Expertise Targets for the sector going forward will continue to be stretching to ensure that sector achieves maximum benefit from collaborative procurement. Page | 5 A6952906 PPRB (14) 1-2 APUC Ltd: Higher Education and Further Education Sector 14. Mr Warren provided and overview of sector performance. The key points were: In recent years there has been a significant increase in the portfolio of collaborative contracts available to the sector, many of these have included technical and regional lotting strategies that have widened access for SMEs. The programme of college reform was having an impact on ways of working within the sector, as institutions become larger, many are identifying the need for a higher level of procurement resource and many are turning to APUC to have that provided as a shared service. Going forward, APUC Ltd will work with its sectors to extend its brief to support the sectors in matters around shared services as well as procurement, building on work to date for example, plans for ICT shared services. Future work will also seek to approach implementation of the Procurement Reform Bill, Review of Procurement in Construction and modernisation of the EU Regulations in a joined up way. NHS National Services Scotland: Health 15. Mr Sinclair provided an overview of sector performance and future plans. The key points were: A Procurement Steering Group has been recently established. Key challenges for the immediate future are changes to public service delivery, particularly health and social care integration. A review of the procurement organisation and services across Health has been approved by Chief Executives and will be carried out over the next year. Developing an innovation portal for Health, to begin to work with suppliers to develop innovative services. 16. In discussion it was noted: There needs to be ongoing stakeholder engagement on health and social care integration. Ms Gunner-Logan offered to engage with Mr Sinclair and Ms Cowie on this subject. The sector is keen to capture lessons learned from complaints in future, and also look at measures for climate change. Scottish Procurement: Central Government Sector 17. Mr Howie provided a brief update on the central government sector. The key points were: Page | 6 A6952906 PPRB (14) 1-2 The number of collaborative contracts available to the sector has been significantly increased, and targets for both Cat A and Cat B (central government) savings over the 3 year Spending Review period on track. Work had been done with many organisations within the sector to improve local capability and all targets met. Currently assessing ways to capture broader sustainability - linked benefits from collaborative contracts on a more systematic basis. The sector recognise the need to consider how to fully measure SME activity in the sector, particularly through sub-contracting activity (currently outwith reporting mechanisms). 18. In summing up, Mr McClelland thanked the Centres of Expertise for their contributions. He noted that the participation had been excellent and reinforced the earlier decision to merge the Reform Board and Advisory Group. Page | 7 A6952906