Housing Support Enabling Unit Workshops 27 th October 2009 Edinburgh 30 th October 2009 Glasgow.

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housing support e n a b lin g uni t Housing Support Enabling Unit Workshops 27 th October 2009 Edinburgh 30 th October 2009 Glasgow

Transcript of Housing Support Enabling Unit Workshops 27 th October 2009 Edinburgh 30 th October 2009 Glasgow.

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Housing Support Enabling Unit

Workshops

27th October 2009 Edinburgh30th October 2009 Glasgow

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Aims for Today

1. Benefits and Risks of Collaboration2. Options for the Structure of a Successful Collaboration3. Practical Considerations for Successful Collaboration4. Key Issues in Tendering as a Collaboration

Workshops will provide a balance between case studies and checklists for good practice and will provide an opportunity for discussion

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Introductions

Individually - Name and Organisation / Agency

Experience of Procurement

Flip-Chart - Aims for this workshop

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SESSION 1

Relevant Background

And

Benefits and Risks of Collaboration

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References for today’s session

Discussed later

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Chatham House Rule

“ Chatham House Rule - participants are free to use the information received, but neither the identity nor the affiliation of the speaker/s, nor that of any other participant, may be revealed ".

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Broader Political Context 1

‘Best Value’ (1999) - sound management of resources, use of review and options appraisal

‘Transforming Public Services’ (2006) - effective, innovative performance, user focus, expanding choice

‘Efficient Government’ (2006) - procurement first of five priorities – including electronic procurement and collaborative purchasing

‘Single Outcome Agreement’ (2008) - the Council, its key partners, public, private and third sector organisations and the Scottish Government

Public Sector Procurement Reform - collaboration across the public sector; encourage effective & mutually beneficial relationships with Scottish Public Sector

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Finance & Demand 2009/10 – 2013/14 (% terms)

0

-2.04

-5.78

-9.18

-12.9

0

-2.04

-3.74

-5.44

-7.14

0

-2.04 -2.04 -2.04 -2.04

0

2

4

6

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-15

-10

-5

0

5

10

2009/10 2010/11 2011/12 2012/13 2013/14

IFS

CPPR

UKTreasuryDemand

Re-shaping Care for Older People - Joint Leadership Summit

May 2009 - Colin Mair, Chief Executive, Improvement Service

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SUMMARYProcurement Reform – Current Opportunities

Less ring-fenced resources – more flexible funding

Greater certainty of funding – 3 year financial planning

Early opportunity to demonstrate commitment to deliver on Shared

Services and Public Sector Reform

More Efficiency Savings – Better Services

“Procurement Reform – The Chief Government’s Imperative”Gavin Whitefield, Chief Government, North Lanarkshire Council and Vice-Chair SOLACE (Scotland) - Scottish Public Procurement Conference 31st October 2007

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Economic Downturn – 15 Big Questions

A. Strategy

1. What effect is the economic downturn having on our charity and its activities?B. Financial Health

2. Financially strong enough to sustain our operations?3. Impact the economic climate is having on our donors and funders?4. Do we have any reserves?5. Have we reviewed banking arrangements and any investments? 6. Have we reviewed our contractual commitments? e.g. premises, equipment7. Have we reviewed any contracts to deliver public services?8. If we have a pension scheme, have we reviewed it recently?9. How can we make best use of permanent endowment investments we hold?

The economic downturn - 15 questions trustees need to ask : The Charity Commission (June 2009)

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Economic Downturn – 15 Big Questions

C. Governance

10. Are we an effective trustee body?11. Do we have adequate safeguards in place to prevent fraud?

D. Making best use of resources

12. Are we making best use of the financial benefits we have as a charity?13. Are we making best use of our staff and volunteers?14. Have we considered collaborating with other charities?

15. Are we making best use of our property?

The economic downturn - 15 questions trustees need to ask : The Charity Commission (June 2009)

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First questions

What are you hoping to achieve by collaborating? Are you sure that collaborative working is the best way to achieve this? Who proposed the idea? Do they have a vested interest? Do your Trustees and Chief Executive support the idea? Does it fit within your organisation’s charitable objects as stated in your

governing document? Do your plans for collaborative working fit your strategic vision, values

and current priorities?

Should you collaborate? – NCVO (2005)

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Working relationships

How might formal collaboration change an existing relationship with your partner?

Do you have clear shared aims for the collaboration? Do you and your partner see your respective inputs and outputs as

fair? Do other organisations have experience of working with them?

Should you collaborate? – NCVO (2005)

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Why collaborate to deliver public services?

Greater capacity to improve outcomes for service users─ potentially more effective management, delivery and monitoring of the service

Lower overheads mean more money for frontline work Increased capacity to replicate on a larger scale service Increased knowledge pool to contribute to a more effective service Combine different specialisms of organisations Share the risk involved in taking on public service delivery Increase negotiating strength where poor funding practice Increase levels of trust if common culture focused on need and quality of

serviceJoint working for public service delivery - A model of

collaborative working. NCVO (2006)

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Will collaboration add value?

Measurable benefits to service users and beneficiaries? Cost savings for your organisation? Affect your potential income? ‘Add value’ to your organisation’s work?

─ justifies the time, effort and money invested in the collaboration? Lose by working on your collaborative project? Risk ‘mission drift’ by moving away from your organisation’s main aims? Structure affected by change and long-term implications? Change your organisation’s other existing relationships?

Should you collaborate? – NCVO (2005)

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The Benefits of Collaborative Working

New or improved services Wider geographical reach or access to new beneficiary groups More integrated or co-ordinated approach to beneficiary needs Financial savings and better use of existing resources Knowledge, good practice and information sharing Sharing the risk in new and untested projects Capacity to replicate success Stronger, united voice Better co-ordination of organisations' activities Competitive advantage Mutual support between organisations

http://www.ncvo-vol.org.uk/index.asp?id=2039

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The Risks of Collaborative Working

Outcomes do not justify the time and resources invested Loss of flexibility in working practices Complexity in decision-making and loss of autonomy Diverting energy and resources away from core aims – mission drift Damage to or dilution of your brand and reputation Damage to organisation and waste of resources if collaboration is

unsuccessful Lack of awareness of legal obligations Stakeholder confusion

Working together to achieve your mission - NCVO

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Key obstacles to a successful collaboration:

Personalities Competition between partners Lack of information and experience Lack of resources, especially at decision-making stage Resistance to change Cultural mismatch between organisations Lack of consistency and clarity on roles and responsibilities

http://www.ncvo-vol.org.uk/index.asp?id=2039

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Things that can help overcome challenges:

Good personal relationships Compatible cultures or an understanding of different cultures Written agreements Experience of change management, leadership and vision Resources Clear and agreed mutual benefits and collaborative advantage A focus on the big picture Careful planning ICT tools The Unit's support, information and materials

http://www.ncvo-vol.org.uk/index.asp?id=2039

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WORKSHOP 1

Choose on ‘back office’ function that most organisations fulfil and, with reference to this, suggest –

1. 3 benefits that collaboration might bring2. and 3 risks

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Coffee

Resume in 15 minutes

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SESSION 2

How to Develop a Successful Collaboration

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Collaboration in Action

Working together to achieve your mission─ e.g. policy development, communication etc.

Sharing back office services – e.g. IT, HR, Payroll, Property, Joint working for public service delivery – tendering Collaborative working to generate income

─ e.g. fundraising, payroll giving, appeals, legacy giving etc. Collaborative working to make more effective use of ICT

─ e.g. purchasing, support, etc. Campaigning in collaboration

Joint working for public service delivery - A model of collaborative working. NCVO (2006)

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What forms does collaborative working take?

Separate organisations maintain their independence - work jointly on some activities or functions

Organisations with resources or expertise – assist other organisations e.g. a larger organisation working with a small local group

A new organisation to do joint work on some activities or functions A group structure where a 'parent' organisation governs a group of

'subsidiary' organisations Merger to form a new organisation working as one body on all activities

Collaborative Working: Partnership between voluntary organisations

NCVO 2007

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Joint Projects – Consider

Main options – maintain identity or create a new organisations

Different structures are right for different organisations depending on their aims for the collaboration

Professional advice should help work out what is best in each case

Working together to achieve your mission

NCVO ( 2006)

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Considering Collaboration

1. How can we better meet the needs of our org. and its beneficiaries by working with others?

2. How will potential partners be identified? Do we already have an existing relationship with them?

3. Is the proposed partner org. compatible with us in terms of its objects, culture, governance arrangements, organisational structures and funding base?

4. What are the reasons for collaborating?

Choosing to Collaborate: Helping you succeed

September 2009 – Charities Commission

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Considering Collaboration

5. What will or might our org. gain and lose from collaborating? Have we considered the wider impacts on our charity?

6. Do we plan to approach stakeholders for their views, particularly service users?

7. Does the collaboration further our org. purposes? Is it an appropriate use of org. funds? Is any private benefit incidental?

8. Are there significant reputational or financial risks? If yes, are we carrying out a due diligence exercise?

Choosing to Collaborate: Helping you succeed

September 2009 – Charities Commission

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Is your organisation compatible with yourpotential partner?

Think about each organisation’s ─ Objects - philosophy - culture─ Governance - policies - organisational structure ─ decision-making processes - financial resources─ assets and funding base

Can any areas of incompatibility be overcome ? What are each organisations strengths and weaknesses ?

Should you collaborate? – NCVO (2005)

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Who to involve

People who lead the work will vary with the type of collaboration─ Trustees, Chief Executives or Project Managers

Consider - The skills and qualities needed for this role

A timescaled consultation process and keep stakeholders informed ─ Plan who to involve

Who / how will this process be managed? When and whether to sound out stakeholders ? / Use a facilitator? Who needs to be involved in each stage of decision-making? Who can be left until plans have developed further? Who needs to feel they own the new venture?

Should you collaborate? – NCVO (2005)

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Staffing a joint project

Staff can be full/part time on the Project May work from existing location or Project Team Foundations are –

─ careful planning and regular communication Be clear about who will employ staff on the project Consider how will the Project will be managed Ensure staff remain informed of the work of partner organisations

─ clarity and consistency Consider terms and conditions, working practices and organisational

culture

Working together to achieve your mission – NCVO 2006

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Approaches to collaboration

Consider what type of agreement will be appropriate for our needs Consider professional advice about the type and content of the

agreement─ Ensure the agreement states the collaboration objectives, benefits for

each party, duration and funding arrangement─ And addresses the identified risks including any conflict/s of interest

Consider significant reputational or financial risks─ If yes, carry out a due diligence exercise – see handout

Choosing to Collaborate: Helping you succeed

September 2009 – Charities Commission

http://www.charity-commission.gov.uk/enhancingcharities/colltoolkit.asp

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Structures for joint projects 1 - Joint working

Two or more organisations work together, maintain independence and identity Appropriate level of board and senior management involvement Trustees / Board has -

─ final responsibility for the organisation, including collaborations─ may co-operate to oversee the collaboration for its duration

Could form a joint committee with representatives from each board─ agree a code of conduct to formalise how they will work together

Or may approve the collaboration, then delegate its implementation─ with regular reporting

Consider controlling the collaboration by a written agreement─ which separates the joint functions from the ongoing operations of each partner

Working together to achieve your mission

NCVO ( 2006)

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Structures for joint projects 2 - New organisation

Create a separate organisation to run activities for beneficiaries Each organisation maintains its own identity distinct from the new organisation New organisation is a legal entity in its own right with appropriate legal structure The degree of influence the partners wish to have in the new organisation will

determine which option is chosen - ─ The original organisations may share the governance of the new organisation

New organisation could have separate board with each partner having an agreed number of seats

Or one person to represent all the partner organisations on the board of the new organisation

Working together to achieve your mission

NCVO ( 2006)

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New independent body – 1.

In this model, partners create a new legal entity Although the new entity will not have a track record, all of the risks

associated with delivery are transferred to the new body In delivering contracts it is clear where the legal responsibilities lie and

there is no need for a lead body However, developing a new body will require resource and there is a

risk that it will end up competing for funds against the partner organisations

Models for collaborative working around commissioning

BASSAC (2009)

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Lead Agency Model - 2.

Agreement will set out how members will work together – (see later) Lead agency holds the main contract

─ ultimately accountable and sub-contracts to partners─ Must have the capacity & ability to handle a contract management role

Practically the lead agency will - ─ Be legally and contractually responsible for the services provided by the consortium─ Receive payments / pay partners─ Check quality of contracted services & provide monitoring information─ Participate in any contract reviews

Lead agency can either be a consortium member and deliver services or just take a managing and coordinating role, …whatever… costs must be accounted for

Models for collaborative working around commissioning

BASSAC (2009)

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Sub-contracting – 3.

Contract awarded to one contractor who then sub-contracts to others─ with agreement from the commissioner─ has capacity and ability to manage the contract and sub-contractual relationships

The model allows work together on basis of strengths, expertise and diversity The main contractor may provide services or only management / coordination The sub-contracting relationship is not collaboration in the same way as a

consortium─ practically, the main contractor holds a greater risk and power─ sub-contracting organisations need to be pragmatic about equality

The key contract provisions in sub-contracts include: ─ Duration of contract - Respective responsibilities - Payments and charges─ Insurance - Confidentiality - Assignment─ Termination - Variation - Breach─ Disputes - Copyright - Intellectual property rights

Models for collaborative working around commissioning

BASSAC (2009)

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Why create a new (voluntary) organisation?

Setting up a new organisations can separate the collaborative working element from the continuing activities of each partner

May be appropriate where there are significant financial or liability risks Creating a separate organisation formalises the way that the shared

work is managed, meaning that (potentially) -─ none of the partners should benefit unfairly from the advantages or ─ suffer disproportionately from the disadvantages possible when sharing

services

Working together to achieve your mission

NCVO ( 2006)

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Legal Issues

Seek legal advice ─ Traditional sub-contracting (one org. is responsible for entire service)

Less time-consuming for all BUT relies on goodwill of lead org.; trust and equal treatment Focus on relationship of two orgs AND service issues

─ Partnership / Consortium agreement (one org. is lead agency, sub-contracts determine relationships etc.)

Ensure your governance agrees and accepts consequences of this The legal agreement – see next The role and composition of the consortium management group How each partner will be represented on it How decisions will be taken

HACT – Collaborate

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Legal Agreement – Some Headings

Roles, Responsibilities and Obligations Accountabilities, Monitoring and Audit – Governance, financial and others Service – aims, values, referral, assessment, review, contract liaison Staff – no., salaries, line management, supervision, induction, training Communicating with Partners – keeping up to date with the Project…. Meetings – incl. Board / s…. ■ Public Relations – logo, identity…. Termination / Exit Strategy – how & by mutual agreement… Dispute Resolution – mediation, arbitration, sanctions… Legal Clauses – Data Protection, Confidentiality, Indemnities, etc..

Joint working agreements - Developing agreements between

voluntary or community organisations. NCVO (2006)

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Issues to cover in an agreement

See also the Charity Commission – Objectives / benefits to each partner The duration of the collaboration, including timescales and milestones Roles, responsibilities and expectations of each partner Decision making structures and processes The resources required, contributions from each partner, management cost and

how under/overspend will be managed Clause outlining how disputes will be resolved Exit strategy and arrangements for terminating the collaboration in case

circumstances change, including notice period and cost implications Plans for review and evaluation ..ETC ETC

Choosing to Collaborate: Helping you succeed

September 2009 – Charities Commissionhttp://www.charity-commission.gov.uk/enhancingcharities/colltoolkit.asp

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Risk assessment & due diligence

Risk can be managed in a range of ways - ─ By insurance─ By discovering and removing risk by investigation (due diligence)─ By making financial provision─ By the legal obligations created through contractual or partnership

agreements Trustees must discharge their duty of care and cover liabilities What level of investigation is appropriate to the size and nature of your

collaboration? What skills or professional advice will be needed?

Should you collaborate? – NCVO (2005)

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Planning and CommunicationKey Questions for Trustees

Established a project board or group to oversee the project?─ Is there an individual managing the overall process?

Established a project plan with milestones? Identified and mitigated the risks associated with the collaboration? Estimated full cost of collaborating and how it will be resourced?

─ staff time, rebranding, professional fees, relocation, unanticipated costs Stakeholder analysis and appropriate communications plan? How will we manage any joint branding? Identified measures to monitor success of the collaboration? Developed an exit strategy for ending collaborative arrangements?

Choosing to Collaborate: Helping you succeed

September 2009 – Charities Commission

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The Process - In Summary

As with all new joint projects - Ensure the activity fits your aims to provide more/ better services Check it is compatible with its partner Discuss how you are going to work together Agree respective roles and responsibilities Consider the effect of the collaboration on the activities of the whole

organisation and other staff Project Manage it

Joint working for public service delivery - A model of collaborative working. NCVO (2006)

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Workshop 2

For your chosen ‘back office function’ consider -1. an appropriate structure for a collaborative

organisation that would deliver this and2. the first steps you would have to consider in

taking this forward

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Lunch

Resume 45 minutes

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SESSION 3

Practical Considerations for Successful Collaboration

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Governance and AccountabilityLessons Learned

Governance and Accountability─ Informing Boards of activities is variable at best─ Responsibility for decisions remain with individual ‘organisations’

but scope for decisions may be limited─ Lack of Board influence on direction of consortia─ Little understanding of where consortia fit within existing

governance structures

Governance and Accountability in collaborative working models -

A Case Study of Social Housing Procurement Consortia in Wales

Dr Pauline Card, School of City & Regional Planning, Cardiff University

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Focusing on

the purpose of the

partnership and on

outcomes for citizens

& service users

and the partnership

vision

Working effectively together with clearly defined roles and responsibilities

Developing

the capacity

and capability of members and officers

of the partnership to be effective

Taking

informed,

transparent

decisions which are subject to scrutiny and

managing risk

Promoting values for the partnership

and demonstrating the values of

good governance

through high

standards of

conduct and

behaviour

The Good The Good Governance Governance Standard for Standard for Public Public

ServiceService

PartnershipsPartnerships

Adapted byCIPFA and SOLACE 2008 andbased on original byOPM and CIPFA, 2004 ©

Engaging with local people and

other stakeholders to ensure robust accountability

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Management Structure

Appoint a manager in each organisation to be responsible for that partner’s contribution to the joint project─ Managers not used to joint decision-making may find the process time

consuming and counter cultural How are you going to lead and manage your joint project?

─ A project co-ordinator with a joint steering group? At what level? Is one organisation better placed to co-ordinate a particular area of the

work where they already have expertise? How can you get ‘buy-in’ from the relevant staff and relevant others

before they start work?

Working together to achieve your mission – NCVO 2006

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Employment and Staffing

Does TUPE apply? ─ Legal advice should be taken on this

Clarify roles and responsibilities of individuals will limit the likelihood of conflict

Might there be problems with people’s allegiance to one particular organisation, and not the proposed collaborative working project?

How will you deal with conflict? Train staff and volunteers in new working procedures and systems

Joint working for public service delivery - A model of collaborative working. NCVO (2006)

Should you collaborate? – NCVO (2005)

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Tackling Culture – 1.

Requires a positive and open approach, trust and the ability to compromise Critical to ensure that partners are seen as equals - irrespective of contribution Seek early confirmation of commitment and agreement on the fundamentals

from all – consider - ─ A memo of understanding (incorporate ground rules you all agree on)─ A confidentiality agreement and get all partners to sign up─ A session on how you will share risks and liabilities.

What are the risks? - How will you manage them? Who is liable if something goes wrong?

http://www.bassac.org.uk/our-programmes/collaboration/collaborate-for-commissioning/

models-for-collaborative-working/creating-a-culture-of-partnership

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Tackling Culture – 2.

Take time to get to know each other and develop a method of working─ Delegate small groups to work on practical issues

such as policy/procedure reviews and structures and standards, and bring them back to all partners

Begin to develop your joint brand, include your unique selling points─ Be clear about your key messages; agree protocols on who speaks on

behalf of partners─ Make sure you communicate consistently with all stakeholders

http://www.bassac.org.uk/our-programmes/collaboration/collaborate-for-commissioning/

models-for-collaborative-working/creating-a-culture-of-partnership

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Communications

Trustees reputation and ensure brand is not damaged Outline to stakeholders

─ how working on public services contributes to your objectives─ how the partnership will affect organisational reputation

Include communication protocols in your joint working agreement Plan information-sharing about individuals that is data protection

compliant Agree who will hold copyright for any guidance material that results?

─ consider intellectual property, design and trademark

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Developing Partners

Establish Compatibility─ Quality – respect for the quality of partner services─ Due Diligence – check-out business viability of partners─ Bottom Line – what each needs out of the arrangement─ Added Value – specialism, infra-structure, capacity?─ Differences – ethos, service delivery, cost structure, decision-making

Establish Common Purpose - for the service and for the partnership Develop a Positive Culture of Partnership – memo of understanding / heads of

agreement, exclusivity, confidentiality, shared risks, get to know partner organisation/s Develop an identity – a brand, key messages Agree Leadership and Lead Agency – who drives, sorts out differences Support – practical help, neutral advice, critical friend

HACT – Collaborate

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Public Relations

Is there potential for positive publicity about the collaboration? Consider publicising that you are working collaboratively

─ re-assure service users and public about quality of ‘collaborative’ outcomes─ demonstrate efficiencies in funding / diminish concerns about duplication─ give funders and policy makers message about the primacy of beneficiary

interests─ signal to others that the partners are willing to, and good at, work in

partnership─ support organisational buy-in to the project from all stakeholders

promote ‘quick wins’ that motivate people as part of a success─ alert funders to the benefits of collaborative working

Working together to achieve your mission – NCVO 2006

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Cultural diversity

The philosophy and culture of an organisation can be difficult to quantify and risk being ignored. Consider -

The impact of working collaboratively on your organisational culture

Managing a partnership of different working styles & diverse groups

Accommodating the needs of different stakeholders and partner organisations of varied cultures, sizes, ages or management style

Should you collaborate? – NCVO (2005)

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Implementation Issues

Broadly similar to any new project Settle contract with Commissioners Start-up times and costs Management Information Systems Managing Change Staffing – Recruitment, selection, appointment, induction, training etc. Managing Communication and Relationships TUPE? Transfer of Staff?

HACT – Collaborate

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Workshop 3

Considering what you have heard, and with reference to the attached handout – ‘Collaborate for Commissioning – Part 3’

1. Management and Staffing2. Skills and Competencies3. Systems and Processes

‘Collaborate for Commissioning’ - Part 3 Tendering

and Delivering - bassac (2009)

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Coffee

Resume in 15 minutes

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SESSION 4

Collaboration in Tendering and Contracting

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Collaboration in Tendering?Assess Your Strategic Position

Understand the relevant tendering environment ─ is the purchaser looking to reduce Provider numbers?

Understand Your Organisation’s Position─ What is the degree of threat to your future?

Information from Commissioners / others?

─ Do you have potential partners? What do they / you have to offer?

─ Do you have capacity and capability to devote to collaboration? Include managers and your Board

HACT – Collaborate

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Before the Tender is Published / Advertised – 1.

Convene with prospective consortium-others – as early as possible

Brief all about the new context of tendering and contractual responsibilities

Agree the model of consortium to be used

Establish the draft method of operation for the consortium─ systems for decision making, management, quality and financial─ if forming a new entity, then agree outline Memorandum and Articles of

Association

Each Provider assesses exclusions and requirements of Tendering before deciding to participate

How to Win Tenders – A Guide to Tendering as a Consortium

Tendering for (Care 2008)

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Before the Tender is Published / Advertised – 2.

Decide which Provider will be Lead Contractor Governance of Lead Contractor confirms agreement to lead Governance of all Providers’ also agree to participate Agree roles and activities of each Provider

─ based on current understanding of the tender specification Obtain necessary professional advice

─ a) legal advice regarding the consortium structure and the proposed allocation of roles and activities between the Providers

─ b) the insurance requirements necessary to cover all potential risks

How to Win Tenders – A Guide to Tendering as a Consortium

Tendering for (Care 2008)

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Before the Tender is Published / Advertised – 3.

Decide how finances are to be managed Obtain confirmation from certified/Chartered Accountant/ Banker RE agreed

process for financing and funding the consortium Ensure all Providers put in place the process necessary to provide a

performance bond Agree the individual roles and responsibilities for PQQ and tender preparation

─ confirm a process for approving the drafts prior to finalisation─ decide who is to prepare and sign the documents

How to Win Tenders – A Guide to Tendering as a Consortium

Tendering for (Care 2008)

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Managing relationships

Negotiating and relationship management skills are essential ─ In bidding for contracts become more important the more are involved

Where organisations are collaborating to work with public bodies─ assign someone to co-ordinate different strands of work─ likely to be somebody from the organisation which is acting as the

accountable body. Partnership working takes time, but the skills are transferable and

useful for organisations’ other activities

Joint working for public service delivery - A model of collaborative working. NCVO (2006)

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Collaboration in Tendering?Influencing the Process

Invest in dialogue with commissioners

Understand the commissioning process

Influence the commissioning process at each stage

Develop relationships with other potential allies

Encourage commissioner to ensure that all providers are treated fairly

─ Small providers, Partnerships, Consortia

HACT – Collaborate

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Influencing the Local Authority 1

Commissioning─ Get to know commissioners─ Contribute your knowledge of local user needs─ Highlight your innovative services and your potential to help

Procurement - Seek to influence -─ The fairness and transparency of the process─ The nature of the service to be delivered─ The inclusion of outcomes, outputs and ‘community benefits’─ The criteria for judgements used, timescales to apply─ The sort of contracts, or deliver and realistic budgets

Bassac (2009)

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Influencing the Local Authority 2

‘Testing the Market’─ Promote and explain the proposed contract and encourage interest

Invitation to Tender ─ Scoring: Seek to influence the criteria and the proportions of score

awarded to price, quality, wider social benefits, and sustainability ─ Interview: Prepare your team and their availability

Award of Contract - Request a debrief if you are not successful Contract delivery - Prepare for evaluation and monitoring including

customer satisfaction; plan regular meetings with ‘client’

Bassac (2009)

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Influencing the Commissioning Cycle

Strategic Direction

Purchase & Contract Management

Needs / Market Analysis

What services to buy

Service users at the centreLocal knowledge and networks

Define Effective Partnership

Preferred service modelsOpenness to change

Drivers & Options Appraisal

Ask Commissioners to offer time for realistic bidsShow service users involvement & preferencesSeek fairness to all bidders, incl PartnershipsAsk Commissioners to hear your views pre-process

Support to deal with TUPEBased on Providers Quality ControlAllow time for lead arrangements to settle

Negotiate and let contracts

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After the Tender is Published / Advertised

Finalise consortium structure in the light of the Instructions to Tenderers Finalise method for operating the consortium All Providers confirm items in exclusions and requirements of Tendering

Obtain insurance and other requirements recommended following advice Each Provider obtains from their governance the final agreed consortium

structure, management and method of delivering the contract Review the contract specification in light of activities already

─ agreed roles and responsibilities and ─ obtain a legal check on the final structure

Prepare the Tender documents as previously agreed

How to Win Tenders – A Guide to Tendering as a Consortium

Tendering for (Care 2008)

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How to sell yourself

You know that what you are doing is having a positive impact in your local community.

There are three main things to prove: 1. Your organisation has the capacity and the quality to deliver excellent

services – accredited / robust Quality Standards2. That you have assessed any risks involved in delivering the services –

and have assured risk management practices3. That you delivering the service is good value for money, and will save the

statutory partner money in the long term

http://www.bassac.org.uk/node/578

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Multiple Accountabilities

A collaboration may jointly bid - but there is usually one accountable body─ managed and maintained through a joint working agreement

When the Collaborative signs a contract, all partners, including the commissioning body, need to be clear about their specific liability

Responsibilities include ─ Accountability to the funder for public money─ Accountability to meet regulatory requirements ─ Accountability to beneficiaries, partner organisations, members and others

Can all out a greater burden on monitoring and reporting

Joint working for public service delivery - A model of collaborative working. NCVO (2006)

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Reviewing joint work

Regular reviews & users’ feedback can measure collaborative impact - Partnership achieving its objectives Achieving more by working collaboratively than by working alone What has gone well? What has gone less well? Partnership or activities changed since it began

─ do you need to make adjustments to how you work together? Do all the partners still have shared aims? Whatever changes partners may suggest, keep in mind

─ why your organisation got involved in the first place─ what will enable you to obtain the best outcome for your beneficiaries

Working together to achieve your mission – NCVO 2006

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What if It All Goes Wrong?

Decide that it's hopeless trying to step back and let others take a lead, and never try it again? Abandon the idea?

Not according to feedback from the community anchor organisations we worked with on the community brokerage project. They were keen to point out that failure can be a good lesson. Risk taking is one of the things that makes the voluntary and community sector so creative, and there are bound to be occasions when things don't go as well as intended.

Their advice was: Don't abandon a whole model or idea just because it doesn't work in a particular circumstance. Look for elements within the process that have worked well. They may not have been intended, but surely

something has developed that is of benefit to the organisations or the beneficiaries Do get together with all involved, and talk through, openly, what has gone wrong and why. This may require

a skilled external facilitator if feelings are running high. Revisit the process, picking out where things went wrong, and discussing what interventions might have

helped Try and get the statutory partner on board so that they realise what they can do to be more supportive Decide on the next step. That might be to try a different form of collaboration, or to leave it for a year and try

again, or even to meet in a month to decide the next step.

http://www.bassac.org.uk/our-programmes/collaboration/collaborate-for-commissioning/are-you-ready/what-if-it-all-goes-wrong

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Plenary – Reference Material

1. Reference List2. Checklist for Trustees - Collaborative Working (Charities Commission)3. Checklist for Trustees - Due Diligence (Charities Commission)4. Roles and Responsibilities - Part 1 (bassac)5. Are you prepared to collaborate for commissioning? - Part 2 (bassac)6. Working Together to Deliver Public Services - Real Life Stories (NCVO)

bassac = British Association of Settlements and Social Action Centres

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Finally…….

Please complete the evaluation sheet before you leave.

Thank you for attending and participating.