Stakeholder Engagement Event Workshop Discussion 8th September 2015 Issues: Notified in advance • • • • • • • • • • • • BIM The Procurement Journey. Construction Procurement Capability Assessment (PCA). Spending forecasts. Tender process. Cash retentions. Community Benefits. PBAs. PQQs. Construction skills. Contracts & Risks. Alternative methods of procurement. Raised in Session 1 • Implementing The Recommendations Construction Procurement Review Themes Policy Workstreams SG Delivery Workstreams SFT Collaborative Procurement 1 4 Efficient Procurement 5 4 Sustainable Procurement 3 2 Outcome Focussed Procurement 1 1 67 Recommendations Theme – Collaborative Procurement Workstream - Structures Overview Create a structure to provide leadership and a focal point for construction procurement policy guidance to ensure infrastructure is properly planned. Issues Approach to Delivery • McClelland Report did not deal with Construction • Substantial capability exists, but… • Limited co-ordination • Strengthen SG Policy Team • Develop Collaborative relationships • Create structure for implementation of Review Theme – Collaborative Procurement Workstream - Skills & Capability Overview Procuring Authorities require the right mix of construction procurement skills and expertise. The recommendation is to create a strategy to measure, share, develop and allocate skills and expertise more effectively across the public sector. Issues Approach to Delivery • Limited collaboration. • Improve skills development. • Limited resource. • Baseline skill set developed. • Enhance learning opportunities. • Pooled expertise. • Explore barriers to collaboration. • Establish support structures. Theme – Collaborative Procurement Workstream - Linkages & Collaboration Overview Promote the benefits and opportunities of identifying linkages between projects and of adopting a collaborative approach between public sector bodies. Address how regional, sectorial and programming synergies across a pipeline of work can be co-ordinated. Issues Approach to Delivery • Limited strategic reviews. • Opportunities for collaboration not fully exploited. • Lack of pipeline transparency • Best practice developed. • Promote co-ordination of spend. • Consider appropriate regional forums involving industry. Theme – Collaborative Procurement Workstream - Benchmark Database Overview Using robust and readily available data from historic projects will support the public sector in the development of future projects. Providing Procuring Authorities with accurate benchmark data on costs, design and performance will support better outcomes within infrastructure procurement. Issues Approach to Delivery • Limited knowledge sharing. • Challenges in obtaining data. • Limited level of data collated. • Variation in how/what data is collected. • • • • Develop database Promote consistency Promote Transparency Support budgeting & project development. • Develop Hub pilot database Theme – Collaborative Procurement Workstream - Benchmark Database Database Accessible External Website Central Library of Data Sharing knowledge Support demonstration of VfM Monitor Programme Performance Promoting Hub Theme – Collaborative Procurement Workstream - Benchmark Database Database Accessible External Website • Capital Costs • FM & LCC Costs • Design Solution (Nett:Gross, Design solution, BREAM) • DBFM Specific Costs (SPV, Advisors, Insurance, Funding) • Programme Performance (Cost, Programme Certainty) • Community Benefits • Participant Costs Theme – Collaborative Procurement Workstream - Benchmark Database Procuring Authorities Existing PA Databases SFT hubCos Data Accessible External Website Database BCIS Theme – Collaborative Procurement Workstream - Benchmark Database Theme – Collaborative Procurement Workstream - Building Information Modelling (BIM) Overview BIM offers the opportunity to adopt a new collaborative approach which has the potential to achieve more efficient and effective ways of working. The objective is to develop the implementation of BIM and encourage its adoption across the entire public sector. The review recommends the use of BIM level 2 by April 2017 on all construction projects. Issues Approach to Delivery • Limited use within industry • Limited understanding of the client benefits. • Development of industry expertise. • Supported by Construction Scotland BIM group. • Complete pilot project. • Develop strategy. • Develop guidelines. • Liaise with UK BIM task force. • Demonstrate benefits. Theme – Collaborative Procurement Workstream - Building Information Modelling (BIM) MODELLING Or MANAGEMENT Theme – Collaborative Procurement Workstream - Building Information Modelling (BIM) Theme – Collaborative Procurement Workstream - Building Information Modelling (BIM) Theme – Collaborative Procurement Workstream - Building Information Modelling (BIM) Theme – Collaborative Procurement Workstream - Building Information Modelling (BIM) Theme – Collaborative Procurement Workstream - Building Information Modelling (BIM) Current Activity • Appointment of David Philp to Chair the Scottish BIM Delivery Group • Issue of capability survey to all procuring authorities • Publication of the implementation plan. • Continue launch forums with procuring authorities • Identify Pathfinder Projects • Conclude Horizon 1 by Oct ‘15 Theme – Collaborative Procurement Workstream - Building Information Modelling (BIM) SFT Website for Update http://www.scottishfuturestrust.org.uk/our-work/sft-build/constructionprocurement-review/building-information-modelling-bim/ E-mail bimdeliverygroup@scottishfuturestrust.org.uk Theme – Efficient Procurement Workstream - Procurement Journey Overview To develop new standardised guidelines in a revamped construction procurement manual based on a newly defined construction procurement journey. Issues Approach to Delivery • Lack of awareness of guidance • Current guidance difficult to access • No common understanding of construction procurement journey • Develop a construction procurement journey • Link to journey for goods and services • Review and re-draft construction procurement manual • Digitise web based manual Theme – Efficient Procurement Workstream - Assurance Overview Create a consistent, comprehensive, proportionate and appropriate system for assurance and review of construction procurement capability and activity particularly. Issues Approach to Delivery • Project assurance is essential • Need to ensure consistency • Need to ensure appropriateness • Collect best practice • Review current Gateway Review Process • Identify areas of need where Gateway reviews apply to construction • Develop construction specific module for the Procurement Capability Assessment Theme – Efficient Procurement Workstream - Spending Forecasts Overview To develop an accurate means of tracking actual and planned pipeline expenditure by public bodies to allow more efficient planning by both buyers and suppliers of construction to take place. Approach to Delivery Issues • Economic uncertainty • Inability of industry to plan for future • Feast or Famine for contractors and consultants • Barriers to collaborative spend • SG Infrastructure Investment Plan is not universal • Review current practice • Work with public sector bodies and industry to develop mutually acceptable model pipeline • Review current reporting processes • Develop guidance for Construction Procurement Manual Theme – Efficient Procurement Workstream - Tender Process Overview To review current procurement processes including SPQQ, PCS, PCS Tender, Quick Quote to ensure that they are appropriate for construction. And to ensure that the process identifies the right person/company for a job whilst only requiring the bidder and the tenderer to provide the information which is essential to allow a decision to be made. Issues Approach to Delivery • Lack of awareness of procurement processes • Challenge culture • New legislation • Proportionality • Review existing guidance and processes • Consultation and buy in by industry • Incorporate process into construction procurement journey • Review existing guidance and re-issue as necessary Theme – Efficient Procurement Workstream - Systems Overview To ensure that all content on Public Contract Scotland and Public Contracts Scotland Tender is relevant for construction procurement where appropriate. Issues Approach to Delivery • Procurement Reform Act (Scotland) 2014 mandates use of online tender systems • Likely to be commenced late this year • Review existing PCS and PCST • Develop construction specific modules and categories where appropriate • New guidance for Construction Procurement Journey and Construction Procurement Manual Theme – Efficient Procurement Workstream - Frameworks Overview Guidance on best practice in the use of framework agreements should always be followed, in particular in allowing opportunities for SMEs to participate. Issues Approach to Delivery • Barrier to SME’s. • Aggregation of small contracts. • Address the impact to local SME’s. • Benefits of aggregated contracts. • Review UK wide frameworks. • Procurement Strategy considerations. • Develop guidance. Theme – Efficient Procurement Workstream - Contracts & Risk Overview Support and improve the approach to contract selection which considers appropriate risk allocation. Avoid amendments to standard forms. Consider painshare/gainshare arrangements. Alternatives to cash retentions. Issues Approach to Delivery • Heavily modified contracts. • Disproportionate use of cash retentions. • Lack of open discussions on risk allocation. • Promote Standard T&C’s. • Improve guide on contract selection focussed on risk. • Guide on pain/gain arrangements. • Alternatives to retention. Theme – Efficient Procurement Workstream - New Methods of Procurement Overview Assess and consider new procurement initiatives within the industry. These include the UK Government trials of its three new methods of procurement and the self-delivery of contracts promoted by Scottish Water. Issues Approach to Delivery • Integrated Project Insurance. • Cost Led Procurement. • Two Stage Integrated Team. • Self – Delivery contracts. • Liaise with UK Gov on progress of trials. • Identify and consider benefits in their application within Scotland. • New guidance if appropriate. Theme – Efficient Procurement Workstream - Hub Programme Overview Develop guidelines in relation to the Hub programme which support improved payment terms, the monitoring of hubco performance and the exchange of project data. Consideration of a minimum contract threshold. Issues Approach to Delivery • Limited knowledge sharing within the public sector. • Extended periods between milestone payments. • Guidance on payment terms issued May 14. • Develop Hub Manual. • Develop Hub database. • Assess benefits of minimum contract value. Theme – Efficient Procurement Workstream - Hub Programme Reponse • New Designer Payment Guidance http://www.scottishfuturestrust.org.uk/publications/hub-pdo-guidance-note-april2014/ • Hub Project Manager http://www.scottishfuturestrust.org.uk/files/publications/hub_North_Territory_projec t_managers_handbook.pdf • Hub Database • Recommendaiton Paper on minimum contract thresholds Theme – Sustainable Procurement Workstream - Fair Payment Overview Work collaboratively to ensure that all contractors and sub-contractors to public contracts receive all monies due on time and to a fair payment schedule. Issues • Industry reliance on supply chain credit • Late payment of supply chain Approach to Delivery • Work with industry to develop industry agreement to a fair payment charter • Continue to pilot project bank accounts • Develop contractual fair payment terms for public contracts • Update Construction Procurement Manual What is a Project Bank Account? • Ring-fenced, electronic bank account, from which payments are made directly and simultaneously by a client to members of the supply chain. • Accelerates payment due to tiers 1 – 3, usually within 3 to 5 working days of the Client paying the certified value of the monthly assessment into the PBA. • Has Trust Status which secures the funds in it and can only be paid to the beneficiaries – the supply chain members are named in the account What is a Project Bank Account? • Similar to an escrow account • PBAs aren’t that different to other bank products, it is the context in which it is used that makes it different • Medium through which interim payments are made • Provides clients visibility & auditability over timing/amounts of payments • Simple and cost effective to set up and operate What a Project Bank Account doesn’t do • It does not involve client prefunding but can be used as receptacle for project funds if a client wishes • It does not cut across any contractual provisions including: • those dealing with the preparation and submission of interim applications • valuation, authorisation or certification of interim payments • It does not take away the lead contractor’s responsibility for managing the supply chain so that the work is performed in accordance with the contract • It does not negate any rights of abatement and/or set-off Project Bank Accounts Which PBA model • Joint client & contractor account Key requirements • Two parties to Trust Deed • Both client and contractor authorise payments Dual agreement is required before payment is made, i.e., the main contractor / client can only act when both parties have agreed to the payment and one party can not alter the payment without the agreement of the other party PROJECT BANK ACCOUNTS Traditional Project Bank Account Client Payment Client Payment Bank Mandate/ Certified payment Main Contractor PBA Typically 60 days Sub Contractor Typically 3-5 days Sub Contractor Sub Contractor Main Contractor Sub Contractor Sub Contractor Theme – Sustainable Procurement Workstream - Small and Medium Sized Enterprises Overview To maximise the opportunities for SMEs to compete for public contracts Issues Approach to Delivery • Difficult for SMEs to get on national frameworks • Lack of construction procurement knowledge of SMEs • Ensure appropriate frameworks are used • Develop support mechanisms for SMEs • Work with industry • Review framework guidance • Incorporate into Construction Procurement Manual Theme – Sustainable Procurement Workstream - Housing Overview Encourage and enhance active collaboration in procuring affordable housing across Scotland Issues Approach to Delivery • Large Sector: 40 – 50 HAs and 23 LAs building houses. • Budget pressures • Inconsistent co-ordination and co-operation • Review of previous collaborative pilots. • Review will inform next steps • May include further pilot collaborative projects • Further guidance to be developed. Theme – Sustainable Procurement Workstream - Environmental Sustainability Overview Develop and promote guidance in supporting the Public Sector to deliver to the sustainable procurement agenda. Specifically in relation to environmental wellbeing. This will support a coherent and joined up approach in obtaining best environmental outcomes from procurement within infrastructure. Issues Approach to Delivery • Inconsistent approach. • Limited knowledge sharing. • Large variety of measurement tools. • Identify all current guidance. • Identify coherent themes. • Align guidance to policy strategy. • Align guidance to construction specific elements. Theme – Sustainable Procurement Workstream - Community Benefits Overview Requirement to review and update the Scottish Government 2008 community benefits guidance for construction. This revision to the guidance should support Contractors and the Public Sector to procure, implement, measure and deliver effective community benefits within contracts. 48 – Update 2008 Community Benefits Guidance 49 - PS have strategic objective for CB's and outline in tender 50 - Guide to Contractor to design, deliver CB's 51 - Guide to PS to assess CB at ITT stage 52 - Promote and investigate share apprenticships 53 - Guide to monitor performance (KPI's) 65 - Industry support PS deliver CB's Theme – Sustainable Procurement Workstream - Community Benefits Issues • Inconsistent requirements within tenders. • Limited knowledge sharing in adopting community benefits strategies. • Challenges in evaluating tender price and benefits. Approach to Delivery Promote CITB Client Base Approach Guidance on procurement & tendering Community Benefits Identify and Share all funding sources Shared apprenticeship pilot and develop model New Community Benefits Construction Guidance Included in Scottish Government Community Benefits Guidance Note Theme – Sustainable Procurement Workstream - Community Benefits COMMUNITY BENEFIT TOOLKIT FOR CONSTRUCTION Publish – Aug 2015 Toolkit to support the embedding of community benefits within procurement. Focus on Community Benefits which are deliverable, proportionate and specific to the contract. A toolkit for both buyers and suppliers. Theme – Sustainable Procurement Workstream - Community Benefits Community Benefits Pre-Procurement Procurement of Community Benefits Lesson Learned Benefits which are Proportionate & Deliverable Reporting of Community Benefits Monitoring of Community Benefits Theme – Sustainable Procurement Workstream - Community Benefits Theme – Sustainable Procurement Workstream - Community Benefits Theme – Sustainable Procurement Workstream - Community Benefits Type Of Benefit Consideration When Defining The Benefit Employment New Entrants Specify the Job Type (M&E/Joiner/Operative) Specify duration of unemployment prior to employment on project. Level of experience prior to employment. (ie no skills & experience) Duration of new employment before benefit deemed to be achieved. CITB advise 12 weeks. Unit for measurement (Usually nr of new entrants) Specify evidence/information required to demonstrate delivery of the benefit. Theme – Sustainable Procurement Workstream - Community Benefits • Link to key organisation • Appendix A contains detailed list of initiatives and source for funding and support. • Current list contains 190 different support initiatives. • Included for both public & private sector Theme – Sustainable Procurement Workstream - Community Benefits • Community Benefits Policy & Objectives • Effective Procurement • Monitoring & Reporting • Partnership & Community Engagement Theme – Outcome Focussed Procurement Workstream - Whole Life Cost/Design Led Procurement Overview In the development of a business case and procurement strategy, Procuring Authorities should ensure a focus is made on service outcomes. To facilitate this approach, further guidance should be developed to embed design and whole life costing early within the development process. Issues Approach to Delivery • Greater focus on the capital costs than the operational cost. • Spend to save not afforded priority. • Perceived barriers to the early procurement of designers. • Promote best practice. • Design- Led research and guidance. • Tools to support early application, reporting and consideration. • Develop reporting templates. • Support the procurement of the correct expertise. Theme – Outcome Focussed Procurement Workstream - Whole Life Cost/Design Led Procurement Definition Theme – Outcome Focussed Procurement Workstream - Whole Life Cost/Design Led Procurement Output • WLC Scorecard • Consistent reporting • Promote assessment on WLC. • Support approval process. • Support VFM over lifetime not just capital cost. Input • Consistent data • Whole Life Cost Assessment • Consistent data parameter (Yrs etc) WLC Scorecard Theme – Outcome Focussed Procurement Workstream - Best Practice Overview Develop best practice resource including learning lessons for all aspects of investment and construction procurement Issues Approach to Delivery • Inconsistent methods of prioritisation of investment • Inconsistent availability of lessons and consequently best practice • Infrastructure Investment Board reviewing current investment decision practice • Project currently underway to develop learning lessons • Guidance to be included in Construction Procurement Manual and aligned to Gateway Reviews