Commercial masterclasses
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This presentation was given by the Cabinet Office on Commercial Masterclasses. The presentation was on the 28 May 2013 in York presented by John Dawson (NAVCA) and Stephen Hornby (Serco). Find out more about the NCVO's voluntary work: http://www.ivr.org.uk
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Commercial masterclasses
- 1. Commercial Masterclasses Day One 28th May 2013, York Presented by John Dawson (NAVCA) and Stephen Hornby (Serco) Written by ACEVO, AVANTA, Capita, Ingeus, NAVCA, NCVO, Serco and Social Enterprise UK With additional support from Aylesbury Partnerships and James Barrett Consulting
- 2. Introductions The trainers Housekeeping Introductory exercise 2 – Commercial Masterclass, Day One
- 3. Objectives Confident knowledge on - The emerging context for public service delivery - The role and mission of your organisation within this context - The emerging options for partnership - The role and quality of governance Skill competencies to - Identify and build appropriate relationships - Assess opportunities in supply chains - Manage efficient bidding processes - Recognise and manage financial risks - Negotiate effectively 3 – Commercial Masterclass, Day One
- 4. Style of training What do we mean by a masterclass? ‒ Commercial sector case studies – testing translation of process ‒ Discussion-based learning – making the most of delegates ‒ Emphasis on delegate questions What additional support is there? ‒ Toolkit ‒ Website materials How do we put this into practice? ‒ Discussion and exercises ‒ Competencies to measure progress 4 – Commercial Masterclass, Day One
- 5. Timetable Day one Introductions and objectives Policy and procurement context Understanding supply chains and the commercial sector Exercises 1 and 2 Lunch Building relationships Exercise 3 Bid or no bid Exercise 4 Summary and reflections 5 – Commercial Masterclass, Day One
- 6. Timetable Day two Recap Governance and performance management Exercise 5 Modelling financial risk Exercise 5 Negotiation Exercise 7 Managing bid effectively Exercise 8 Summary and reflections Competencies and evaluation 6 – Commercial Masterclass, Day One
- 7. Agreements for working together Confidentiality: Chatham House rules The masterclass format means everyone has something to contribute Respectful challenge Respect for diversity of needs Allow the facilitator to move discussion on Time given to reflect and test learning Phones turned off 7 – Commercial Masterclass, Day One
- 9. 9 – Commercial Masterclass, Day One
- 10. Government Expenditure on the VCSE 2009/210 10 – Commercial Masterclass, Day One
- 11. Policy Context (I) Changing funding environment Big society agenda Open Public Services • Increasing opportunities for VCSE in public service delivery • Plurality (e.g. mutuals, NHS restructure) • Continuation of commissioning Localism – new commissioners (e.g. PCCs, CCGs, HWBs) New investors 11 – Commercial Masterclass, Day One
- 12. Policy Context (II) New funding structures Payment by Results Personalisation and choice Integration of budgets Outcomes focus • Social value Information and accountability UNCLASSIFIED 12 – Commercial Masterclass, Day One
- 13. Procurement context 13 – Commercial Masterclass, Day One Now Evolving
- 14. 14 Examples of Different Contracting Structures Prime Work Programme (e.g. Ingeus Direct Delivery Area 2 S1 S2 S3 S4 S5 S6 Specialist sub-contractors End to end Sub-contractors Prime Justice Sector (e.g. Serco, Doncaster) Direct Delivery Catch 22 Sub-contractors Prime S1 S2 S3 AdvisoryBoard Personal Independence Payments (e.g. Capita) Primes bring: • Scale (able to carry risk) • Governance • Service integration & delivery skills Area based sub- contractors bring: • Geographical presence/knowledge • End to end capability Specialist sub-contractors bring: • Specialist capability • Proven track record 14 – Commercial Masterclass, Day One
- 15. Local commissioning context Content to be added from host 15 – Commercial Masterclass, Day One
- 16. Understanding Supply Chains (& the commercial sector)
- 17. Commissioning system model 17 – Commercial Masterclass, Day One Commissioner Commercial Prime VCSE Prime VCSE Specialist VCSE Specialist VCSE Specialist VCSE Specialist VCSE Specialist VCSE Specialist
- 18. Exercise one: perceptions and motivationsAs a group, in your role discuss and write down: 1. How do you see yourselves? (Your culture, values, concerns, attitude towards getting involved?) What are your motivations? 2. How do you see the other groups? (Their culture, values, concerns, attitude towards getting involved?) What are their motivations Be prepared to feed back to the whole group 18 – Commercial Masterclass, Day One
- 19. Private Sector Expectations Why they are involved 1. Shareholder value 2. Deliver quality and value 3. Outcomes 4. End to end oversight 5. Risk placement 6. Commercial best practice i.e. communications, performance management 7. Meet CSR objectives 8. Mission i.e. find employment for people What they want from the VCSE 1.Able to bring insight and expertise 2.Evidence competence and achievement 3.Open, realistic and motivated 4.Commercially attuned 5.Able to help us to help you (and vice versa) 6.Aligned governance/decision making 7.People who are easy to work with 19 – Commercial Masterclass, Day One 19 19 – Commercial Masterclass, Day One
- 20. Selling: the negative connotations 20 – Commercial Masterclass, Day One Cold calling Hard selling Loss leaderWin at all costs Selling short “Selling is the process by which you persuade people to buy things they don’t want or need”
- 21. 21 ….a more positive view of selling Relationship Consultative Solution Customer-centric Insight “Selling is the way that you help customers to buy products or services from your organisation” 21 – Commercial Masterclass, Day One
- 22. LUNCH
- 23. Exercise two: making it work As a group, in your role discuss and write down: 1. What are the risk for you in this model? 2. What do you need most from the other groups to make this model work? 3. What might they need most from you? Be prepared to feed back to the whole group 23 – Commercial Masterclass, Day One
- 25. 25 Why do relationships matter? Go-live Horizon Scanning Shaping Pre-bid Engagement Bidding Go live-Y1-Y2-Y3 Ongoing Qualification Recognising needs Formulating strategy Procurement strategy Procuring Commissioner/Client Private Sector Indicative Timeline Evaluating options 25 – Commercial Masterclass, Day One
- 26. TACT: ‘customer’ concepts in practice 26 Commercial Masterclass, Day One Drawn from a case study of the VCSE fostering agency, TACT
- 27. Principles to building relationships • Plan ahead before making contacts • Saves time • Leads to better outcomes • Enables you to measure success • Be realistic about what you can achieve • Be clear about the reputation you want to project • Involve staff, trustees and engaged stakeholders 27 – Commercial Masterclass, Day One
- 28. Relationship Managing Relationship Manager: challenges of the role The ‘shop front’, the brand, the access point Expectations are high, and not achievable Prioritising the long-term over the short-term Reactive, hard to size portfolio New or existing customers? Demanding or deserving customer? … you will never get all this right: be realistic 28 – Commercial Masterclass, Day One
- 29. How to map Stakeholders… ? Supporter Undecided Negative Don’t know Mary James Commercial Lead Tom Jones Supply Chain Mgr Jean Smith Financial Modeller Tommy Steel Risk Analyst John Smith Sales Lead ? NG NG TH THSR NG Our relationship owner Mandhese Patel Solutions Lead TH 29 – Commercial Masterclass, Day One
- 30. Exercise three: valuing relationships Positive perception Influence on appointment Supply Chain Manager Negative perception Financial Modeller Solutions Lead Commercial Lead Sales Lead Risk Analyst 30 – Commercial Masterclass, Day One
- 31. To bid or not to bid?
- 32. Mission-Money Matrix 32 – Commercial Masterclass, Day One majority activity stay out! proceed with caution prime target (love it here) on mission off mission more moneyless money
- 33. What opportunities are available? Grants Block Contracts Preferred Provider Frameworks Spot purchasing (e.g. Individual service Funds) Payment by Results (inc. Bonds) Prime / sub models (often private – VCS) Consortia (SPV, hub and spoke) 33 – Commercial Masterclass, Day One
- 34. To bid or not to bid? 1. Suitability of contract terms, specification and payment • Supply chain conditions 1. Market positioning (relationship building) • Future opportunities • Practice in the new market • Competition and partnership options? • Viability next time round? • Provider and/or influencer • On-going suitability for mission and business 1. Portfolio (cross-subsidy; core funding) • Sustainable funding (non-statutory options) • Investment – Sufficiency and suitability of funding34 – Commercial Masterclass, Day One
- 35. Suitability of contract terms, specification and payment Consider: Contract terms (*we cover this more, later) Mission fit Likelihood of a win (SWOT) Competitor analysis What value you bring Business viability (financial risk) (*we cover this more, later) Risks that you own and variables you don’t – i.e. contract volumes – Supply chain make up 35 – Commercial Masterclass, Day One
- 36. Control over Success Factors Impact on Outcomes Influence/Control In-House Intervention B Partner Intervention Referral numbers Referral quality Project Management Information Management In-House Intervention A Programme Management Key: External Internal Great delivery Risk assessment Many risks within PbR contracts are inevitably outside your control Understanding their likelihood and impact is crucial Understanding incentives helps predict your partners’ focus areas Governance
- 37. Exercise four: assessing opportunities In pairs, discuss -What are the variable factors in a supply chain? -Given limited resources, which factors do you prioritise learning about before you commit to a contract? Be prepared to feed back to the group 37 Commercial Masterclass, Day One
- 38. Working with a prim: things to consider Relationship: values fit? What role do you want to (& can you) play? •Can you meet the requirements of the Commissioner? •Can you meet the specific requirements of the Prime Contractor? Review all the terms •Minimum delivery & performance expectations •Financial modelling •Key contractual requirements •Information Security •TUPE •Implementation timescale Don’t be afraid to ask questions! 38 – Commercial Masterclass, Day One
- 40. Today’s modules Policy and procurement context Understanding supply chains and the commercial sector Building relationships Bid or no bid 40 – Commercial Masterclass, Day One
- 41. Tomorrow’s modules Governance and performance management Modelling financial risk Managing bid effectively Negotiation Competencies and evaluation 41 – Commercial Masterclass, Day Two
- 42. Day one reflections Discuss in pairs - What went well for you? - What was less helpful (and how could we change it)? - What do you need to get the most out of the next day’s programme? - What has this inspired you to explore further after the Masterclass programme? If you wish, you can feed back key points to the whole group. 42 – Commercial Masterclass, Day One
- 43. Thank you from: And to the Office for Civil Society, Cabinet Office for funding this Programme. 43 – Commercial Masterclass, Day One
- 44. Commercial Masterclasses Day Two 29th May - York Presented by John Dawson (NAVCA) and Stephen Hornby (Serco) Written by ACEVO, AVANTA, Capita, Ingeus, NAVCA, NCVO, Serco and Social Enterprise UK With additional support from Aylesbury Partnerships and James Barrett Consulting
- 45. Objectives Confident and knowledgeable on - The emerging context for public service delivery - The role and mission of your organisation within this context - The emerging options for partnership - The role and quality of governance Skilled and competent to - Identify and build appropriate relationships - Assess opportunities in supply chains - Manage efficient bidding processes - Recognise and manage financial risks - Negotiate effectively 45 – Commercial Masterclass, Day Two
- 46. Introductions Welcome back! Recap on yesterday Policy and procurement context Understanding supply chains and the commercial sector Building relationships Bid or no bid Introductory exercise 46 – Commercial Masterclass, Day Two
- 47. Timetable Day two Recap Governance and performance management Exercise 5 Modelling financial risk Exercise 5 Negotiation Exercise 7 Managing bid effectively Exercise 8 Summary and reflections Competencies and evaluation 47 – Commercial Masterclass, Day Two
- 49. What is performance management? • In competitive markets performance is crucial • In publicly-funded markets performance is crucial • In outcomes markets performance is crucial • What drives the need for performance management? • Performance management is: • Monitoring against contract terms • The systems / information required to prove your work • The corrective steps taken • The rewards offered • The comparison with other providers / the wider market 49 – Commercial Masterclass, Day Two
- 50. Good Governance What systems and information do you need? Principles from code of good governance 1. Understanding the board’s role 2. Doing what the organisation was set up to do 3. Working effectively 4. Effective control 5. Behaving with integrity 6. Openness and accountability http://www.governancecode.org 50 – Commercial Masterclass, Day Two
- 51. Exercise five: governance Get into groups of similar organisation size Imagine you are considering entry to the example supply chain. Consider the implications for your governance. Discuss: - What governance procedures would you want in place to manage performance risk in this regime? - How would you need to reconfigure your resources (skills, capacity, information) to implement this governance approach? Be ready to feedback 51 Commercial Masterclass, Day Two
- 52. Complexities for Performance • If it isn’t proven, it doesn’t count • Move to results oriented monitoring • Tools to capture and analyse outcomes / rather than outputs • Performance managing staff • Aligning systems e.g. • ‘data capture’ with prime/contractor • IT systems • Governance decision timetable • Performance management • Build in flexibility (e.g. staff) to deal with fluctuating demand • Maximise performance by utilising the full portfolio of contracts you deliver 52 – Commercial Masterclass, Day Two
- 53. ‘Mobilization’ – from winning to delivery • Often an afterthought • Consequences of not getting ready • What needs to happen and when • Exercise in groups to identify the different aspects of delivery readiness you would consider important • What good mobilisation looks like 53 – Commercial Masterclass, Day Two
- 54. Example Gantt Chart To come from AVANTA 54 – Commercial Masterclass, Day Two
- 55. Adjusting Delivery Capabilities Have you got what’s needed? Step up from grants to contracts? Exercise in groups to brainstorm what capabilities organisations might need to develop in order to meet their obligations to deliver and manage contracts…. Would it depend on their particular role – subcontractor or prime contractor? 55 – Commercial Masterclass, Day Two
- 56. e.g. • Move to results oriented monitoring • Capturing of outcomes/ rather than outputs • Performance managing staff • Aligning systems e.g. ‘data capture’ with prime/contractor • Build in flexibility (e.g. staff) to deal with fluctuating demand. • Maximise performance by utilising the full portfolio of contracts you deliver 56 – Commercial Masterclass, Day Two
- 58. Financial Risk: the impact of payment- by-results • Scenario Analysis and cash-flow modelling helps identify pinch-points • At what point do you breach your reserve policy? Is that a problem? • What if your organisation’s other contracts perform worse than expected 58 – Commercial Masterclass, Day Two Shows example working capital requirements & break even point by month
- 59. The Work Programme payment structure 59 – Commercial Masterclass, Day Two X weeks Y weeks Payment (£) Time on Programme (Weeks) Start on Programme AttachmentFee Payment (£) Time on Programme (Weeks) Start on Programme Sustainment payments JobOutcomePayment AttachmentFee Job Start Payment trigger point
- 60. Payment Groups on the Work Programme Payment Group Year 1 Attachment Fee* Maximum Job Outcome Fee** Sustainment Payment (per 4 week)*** Maximum Total Outcome Payment JSA 18-24 £400 £1,200 £170 x 13 £3,410 JSA 25+ £400 £1,200 £215 x 13 £3,995 JSA Early Access £400 £1,200 £250 x 20 £6,200 JSA Ex-IB £400 £1,200 £250 x 20 £6,200 ESA Volunteers (all groups) £400 £1,000 £115 x 20 £3,300 ESA Flow £600 £1,200 £235 x 20 £5,900 ESA Ex IB £600 £3,500 £370 x 26 £13,120 IB/IS Volunteers £400 £1,000 £145 x 13 £2,885 Prison Leavers £400 £1,200 £200 x 20 £5,200 * Reduces year by year; £0 in years 4 & 5 ** Price competition element – discount expected by the Commissioner *** Number represents maximum amount of sustainment payments which can be claimed
- 61. ‘Qualification’: Selecting the right opportunities 61 Commercial Masterclasses May 2013
- 62. Risk Categories 62 Commercial Masterclasses May 2013
- 63. Quantifying the financial opportunity Parameter Bid Target range Red zone (re-qualify now) Total value of all contracts of this type x% of f’cast turnover x% of f’cast turnover Bid costs x% of target gross profit x% of target gross profit Target profit margins Gross Profit > £y (%) Net profit > £y(%) Gross Profit > £y (%) Net profit > £y(%) Working Capital Worst position no more than x % of revenue Cap at £x Max exposure under worst case scenario modelling Gross Profit > £y (%) Net profit > £y(%) Gross Profit > £y (%) Net profit > £y(%) Revenue at risk from penalty regime £x £y Max exposure if we have to exit the contract early £x £y Win probability <20% >10% 63 Commercial Masterclasses May 2013
- 64. Managing individual risks 64 Commercial Masterclasses May 2013 Risk Initial RAG Mitigation Post Mitigation RAG Commercial Treatment Dip in service performance during transfer and transition period Red Due diligence. Detailed planning of transition. Consultation and communication with stakeholders Green Set out in transition/implementation schedule Number of transactions may be higher than forecast Red Agree price bandings for additional volumes and trigger for change control Green Bandings in Pricing Schedule Cost of solution higher than anticipated Red Due diligence and review of design. Seek to agree acceptable assumptions Amber Limited protection on Due Diligence through a 'True Up' Sub-contractor fails to meet milestones/service performance targets Red Flow down key contractual terms. Ensure liabilities are broad enough to include losses suffered due to failure. Establish performance mgt process Green Sub-contract and management arrangements Contract may be terminated before natural expiry Red Agree termination triggers. Ensure clarity on costs that can be recovered in diferent scenarios. Green Specify termination provisions in main contract
- 65. Exercise six: financial risk modelling In pairs consider the three opportunities listed in the exercise pack. Discuss the options and decide which opportunity you would choose. Be prepared to feedback and discuss your reasoning for and against each option. 65 – Commercial Masterclass, Day Two
- 66. Financial risk modelling – best practice (I)Risk framework Content management Information: Check quality and gaps Check veracity Remember predictions are no guarantee Variables: What factors can vary What do you control What is the range of variation, and what can you bear 66 – Commercial Masterclass, Day Two
- 67. Financial risk modelling – best practice (II)Risk in the supply chain Where is risk sitting? What motivations (gaming) might this produce? Governance: Checks and decision processes around variations Capacity to negotiate Accessibility of information; ability to analyse Exit plan: ‘red lines’ 67 – Commercial Masterclass, Day Two
- 68. LUNCH
- 69. Negotiation
- 70. Negotiation You can negotiate on: 1. Contract terms i.e. IP rights, performance 2. Aspects of the specification i.e. quality, demographic 3. Payment terms and mechanisms i.e. payment schedule Negotiation should aim to achieve: - Consensus of purpose and approach to the contract - Proportionate, relevant and sustainable terms of delivery and management - Flexible and transparency review, management and resolution processes - Synchronicity between contract, specification and payment schedule - A good foundation for future communications and partnership
- 71. Principles of negotiation Be prepared Know what you want to achieve Know your absolutes: when will you walk away Know points you can vary on Know how this fits with / subsidises the rest of your portfolio of work Know what the other party wishes to achieve The same questions as for yourself Understand the power balance Is any imbalance real or perceived? Trade, don’t give Wait til you have two points to discuss – and balance them out Stay solution focused It is sales, not funding Remember your long-term relationship building objectives If you do walk away, do so carefully 71 – Commercial Masterclass, Day Two
- 72. Weighing up your negotiation approach MOSCOW is a tool that enables you to determine in advance priorities for negotiation – and your ‘red lines’ Must Should Could 72 – Commercial Masterclass, Day Two
- 73. MoSCow example Negotiating point 1. Dream scenario 2. Outcome where you might proceed 3. Outcome where you might walk away MUST Payments terms, need money up front for cash flow Quantity SHOUL D Price (you have some flexibility) Monitoring Approach COULD Brand Flow (you would prefer a steady flow of demand but could live with more in year 2 than year 1 of this contract) Communications IP
- 74. Exercise seven negotiation In pairs use the scenario in the exercise packs to complete the MOSCOW chart: 1. Your priorities – absolutes – that you must not negotiate on 2. Those terms you should be able to negotiate on 3. Those terms you could negotiate on Be prepared to feedback and discuss your reasoning. 74 – Commercial Masterclass, Day Two
- 75. How to negotiate 75 – Commercial Masterclass, Day Two
- 77. 77 Bidding as a part of bigger strategy Go-live Horizon Scanning Shaping Pre-bid Engagement Bidding Go live-Y1-Y2-Y3 Ongoing Qualification Recognising needs Formulating strategy Procurement strategy Procuring Commissioner/Client Private Sector Indicative Timeline Evaluating options 77 – Commercial Masterclass, Day Two
- 78. Compelling commercial proposition Strong service solution Effective sales campaign Well managed and executed bid The four elements of a good bid 78 – Commercial Masterclass, Day Two
- 79. Bid Roles • Bid Director • Bid Manager/Co-Ordinator • Commercial Lead • Financial Lead • Operational Lead • Bid Writer • Subject Matter Expert 79 – Commercial Masterclass, Day Two
- 80. Good bid management • Designated roles co-ordinating and producing: • Data and evidence • Internal and external input and relationships (people) • Finances, budgets and projections • Competing offers • Risk assessment, value, and strategic suitability • Drafts and deadlines; review and sign off • Drawing on cross organisational strengths • Clear authority to make decisions • Proportionate system, suitable to your organisation • Critical appraisal – ‘black hat’ 80 – Commercial Masterclass, Day Two
- 81. The Importance of good Information Centrally managed information • Held by the lead • Everyone feeds in and takes ownership (TACT) Suitable formats Different channels • Use third parties Know it well • Mission driven • Key messages • Successes, not just activity Quantitative evidence • SROI and other peer-assessed impact evidence Do something different, that stands out 81 – Commercial Masterclass, Day Two
- 82. Bid gates: the importance of critical review Decision points – ‘gates’ Gate 0 – Internal qualification Gate 1 – Go Get Gate 2 – Bid/No Bid (PQQ Stage) Gate 3 – Internal re-qualification (ITT Received) Gate 4* – Approval to submit bid Gate 5 – Contract Signature Gate 6 – Contract Start-up Gate 7 – Transition Close Gate 8 – Service Delivery/Transformation Gate 9 – Rebid/Contract Close Down * Gate 4 approval is required every time a detailed solution design or priced proposal is submitted to the client. Presentation title - edit in Header and Footer82 – Commercial Masterclass, Day Two
- 83. Exercise eight: bid gates Individually in your exercise packs create action-plans that record: • What the ‘gates’ are in your organisation • Who is responsible at each gate • What action / decision needs to be made Be prepared to feedback to the group 83 – Commercial Masterclass, Day Two
- 84. Summary and reflections Competencies and evaluation
- 85. Today’s modules Governance and performance management Financial risk management Bid management Negotiation 85 Commercial Masterclass, Day Two
- 86. Competencies • Complete the competencies • Reminder that we will contact delegates in 3-4 months to ask for progress 86 Commercial Masterclass, Day Two
- 87. Review: our objectives Rewrite!!! 87 – Commercial Masterclass, Day Two
- 88. Day two reflections Discuss in pairs - What has made the biggest impact on you? - What was less helpful (and how could we change it)? - What are you inspired to explore further? - What will you do differently as a result of the Masterclass? If you wish, you can feed back key points to the whole group Please fill in and leave the evaluation forms 88 Commercial Masterclass, Day Two
- 89. Thank you from: And to the Office for Civil Society, Cabinet Office for funding this Programme. 89 – Commercial Masterclass, Day Two
Notes de l'éditeur
- 10am Welcome. Introduce the CM programme. The first events in a CO funded programme lasting throughout 2013/14. Events cover contracting and subcontracting (25 two-dayers) and there will be specialist events on consortia to follow A national programme across England, written and delivered by the 8 partners (ACEVO, AVANTA, Capita, Ingeus, NAVCA, NCVO, Serco and Social Enterprise UK) Website with information, case studies and comment will be populated over the course of the year. Link on their agendas.
- Trainers introduce themselves and their orgs. Venue housekeeping notes Introductory exercise – ‘bingo’ In the exercise packs. Ask them to fill in the bingo grid. They should: Move around the room, introducing themselves (name and org) Ask if the other person can define any terms on the bingo. If so, they write their name in the bingo box. Only one answer per person. First person to get a row / column of completed names calls ‘bingo’ Ask for the answers to a couple of terms. Get everyone to say their name, role and org – go round the room. perhaps also ask them the thing they’re proudest of aboth their srevices – or about their sub-sector.
- Use compelling real life stories to explain why this training has came about to: Enable us to better understand the commercial sector To translate over relevant commercial skills for the new competitive ‘market’ environment There is a sheet listing competencies for them to fill in by the end of the training – and to take away and keep building on using our other materials, til all skills and knowledge are gained. This encourages them to keep working on these issues, and to track their relevance and when they put these skills into practice Use the crib sheet to remind yourself of the objectives in detail. IN PAIRS, ASK THEM TO DISCUSS WHAT THEY WANT FROM TODAY – AND TO FEEDBACK TO THE GROUP. Also – highlight the findings from the delegate surveys: what were the key issues / concerns they wanted covered? Discuss.
- Explaining the masterclass format. Points to emphasise: Commercial expertise Very fluid around delegate needs – survey Lots of additional support beyond the slides: toolkit and extensive web resources, which are being developed further over the year Any questions?
- Overview of day one Any questions?
- Overview of day two Any questions?
- Final slide of the introduction. Before you proceed ask delegates to look at the competency sheet and record their confidence against each area. For the final evaluation, ask them to complete again. This is for them to keep and record their progress.
- 10.15 Clinks will present an intro here on the CJ environemnt – or provide one for you to present Points to emphasise: - The VCSE has always delivered services funded by the state; we precede the welfare state. This is a longer term narrative Commissioning / open public services is a long term trend Cabinet Office are funding this training because they recognise the increased pace of change in the way this funding relationship is structured (procurement / markets) This section walks us through: Recent trends and funding of the VCSE by the state Key policy issues affecting PSD (public service delivery)
- To give the narrative context of VCSE public service delivery. Graph taken from NCVO’s ‘Civil Society Almanac 2013’. How have government grants and contracts changed? Government funders transfer resources to voluntary organisations using a number of mechanisms, but such flows can be summarised as either voluntary income (grants) or earned income (contracts). Contract income from government was worth £11.2 billion in 2010/11, a real increase of £6.7 billion (151%) since 2000/01. Much of this growth took place in the second half of the decade as government spending on public services increased. a Between 2003/04 and 2008/09, grants from government declined year-on-year by £2.5 billion. Between 2008/09 and 2010/11 grants from government stayed roughly static in real terms, and in 2010/11 grants from government were worth £3.0 billion. This means a lot of orgs won business that was: Grants converted to contracts (ie started carrying risks) In a period of major spending growth With a relative lack of competition (few competitors; lots to go around) Time are obviously changing, and commercial skills + competitive skills are highly important to maintain PSD income. Further anecdotes: Brief history of open public services (using http://www.ncvo-vol.org.uk/psd/public_services_history) Before the welfare state, independent charitable action was the main means society had of addressing problems of poverty, inequality of opportunity, and welfare. It was only the 20th century that saw the state created 'public services' becoming the governing infrastructure for welfare services to the public. It was in the eighties that many voluntary and community organisations experienced direct funding relations with the state for the first time, and by the end of the decade received around £4 billion in statutory income. New Labour – saw a substantial increase in public service funding of the VCS. This change was levered in through a surge in contract income to the sector over the this period, and at the same time, a decrease in grants as relationships became subject to procurement competition and ever greater formality. The Compact was published, the Office for Third Sector was created, and new funding initiatives set up to encourage innovation, and build skills and infrastructure in the sector - recognising it as important part of the nation's economy and social fabric. Recommend Stephen Bubb (ACEVO) 10 year anniversary lecture (but I can’t find the link) which has a full history of the state / VCSE relationship NCVO ‘Voluntary Action in the 21 st century’ http://www.ncvo-vol.org.uk/sites/default/files/voluntaryaction2005.pdf
- PURPOSE: to understand VCSE delivery from the purchaser’s perspective. A slide just to remind people that in the outsourced public service markets: While grants and contracts from the state accounts for roughly a third of the VCSE sector income – so they’re more important to us than we are to them The VCSE is only a small player (ie only 8.8% of local government outsourced spend) in wider outsourced markets And therefore their market engagement / procurement models etc aren’t really built with the VCSE in mind Nor are we the strongest voice when it comes to advocating change in procurement and commissioning policy because we are relatively small The changes we’re seeing happen in market structures – ie increasing emphasis on prime-sub models as demonstrated by the existence of this training – reflect these basic truths of the provider market.
- PURPOSE: next two slides take us through headline policies affecting PSD objectives and market structures. Introduce the policies – possibly with examples. Discuss with delegates the objectives behind these policies. Some notes on these Changing funding environment reducing the deficit Reflect on the recent budget by NCVO Research team http://www.ncvo-vol.org.uk/networking-discussions/blogs/209/13/03/21/2013-budget-10-things-you-your-charity-need-know?utm_source=NCVO_MembersMail_21%2BMarch2013&utm_medium=email&utm_campaign=NCVO_MembersMail_21%2BMarch2013 Big Society Mutuals and spin outs Volunteerism More VCSE delivering public services Open public services to enable competition to drive up innovation, quality, and drive down price. To greater improved delivery models, and greater efficiency. This is nothing news: services have been outsourcing since the 1970’s (in the early 1990’s the VCSE was delivering over £4billion of public services) but the agenda is gaining momentum, with steps taken by all political parties. Currently, big pushes involve opening up the NHS for non-state provision, the drive to spin-out public services to various independent, employee-owned structures. Commissioning is the cyclical decision making process to understand need, and put in place suitable resources to meet needs. This can include t procurement or grant-funding of services from the market. This is the most common model of buying services from the VCSE, and used now by the majority of public service bodies (excepting some smaller local authorities). Localism: Devolving power and budgetry responsibilities to local authorities In tension with scaled-up contracts by central govt – a tension yet to be resolved New investors Government is trying to encourage ‘social investors’ to plug funding gaps and fund pilots of new services. Social investment: Government commitment – published ‘Growing the Social Investment Market: A Vision and Strategy’ in February 2011. Some initiatives: Setting up Big Society Capital – capitalising unclaimed assets in dormant bank accounts Social impact bonds – Peterborough SIB A June 2012 study carried out by Big Society Capital estimates that total investment inflows into the social investment market has the potential to grow from £165 million up to £750 million by 2015 as demand increases from social enterprises. However, a number of barriers: Lack of investment readiness The growth of PbR – social investment can be used as working capital but entails considerable financial risk Structural issues – regulation and tax regimes predate the social investment market which discourage organisations and individuals from making or receiving social investment. Navigating complex landscape and getting best deal - the continuous emergence of different funds and products, although welcome, is creating a complex and fast changing marketplace, and there is a lack of generic information and early diagnostic tools.
- Carrying on from the previous slide New funding structure. We cover this in more detail later, but: Change at level – whether local; regional; collective via neighbouring councils; or amalgamated central budgets Change of procurement process – CO against PQQ process Outsourced supply chains with subs having no direct relationship with commissioners ( discussed later ) Less grants, more contracts Personalisation and Choice An ethos as well as a funding mechanism About recognising the capacity and authority in individuals to create change: a solution, rather than a problem Looking at restructuring the system around the individual rather than around bureaucracy In funding terms: DISCUSSED ON NEXT SLIDE Integration of Budgets One of the big failings inefficiencies in public services is lack of integration, famously between health and social care, where different agencies deal with very similar needs in the same user. This leads to poor outcomes. Government pilots in Total Place (New Labour, 2008) and Community Budgets (Coalition, current) are piloting the pooling of statutory budgets in localities so they can better analyse how money is spent, and allocate it better into integrated delivery and outcomes. Outcomes focus: Looking to improve efficiency by focusing monitoring and provider efforts on the impact public money achieves, rather than just paying for activity Social value: attempt to understand the wider value/ impact of services and lead to more intelligent commissioning Information and accountability: Similar to the above. Political pressure to prove the value of public spending and make commissioning decisions ie decommissioning Better information / monitoring also integral to understanding how and where to improve public services Pressure on providers to have more effective information, better managed, and better employed to make decisions
- this is the core slide of the training: outlining the major transition the masterclasses address. This model shows the transition from block contracts (and direct commissioner relationships) to a new competitive market, in which supply chains and integrated partnerships will be the dominant model. Introduce the old model: Grants and contracts Direct relationship with commissioner Power held by the provider and commissioner DISCUSS – any issues with these models? any experience? Discuss the new model: A range of fund holders Users (personal budgets, personal health budgets) Localities Primes running supply chains Consortia Less secure funding models with less guaranteed income Spot purchasing (users and commissioners, ie foster placements) PbR – no guaranteed income Preferred provider frameworks (no guarantee of business, purchaser maintains choice from a range of providers) Providers frequently have no direct funded relationship with the state Diversification of funding models to manage A wider range of potential sources / partners to engage with DISCUSS: skills needed in this environment; experiences; concerns; value for money for the taxpayer and end user. Notes if needed– on types of funding structure Consortia (more talked about than successful) ie Young Lancashire consortium providing youth services across the county Payment by Results (lag-time payments based on proven outcomes rather than paying for activity) ie Work Programme that pays service providers only once individuals are proven to be in sustained employment. PBR also demonstrates Govt putting pressure on providers to be efficient, as opposed to focusing on Whitehall Prime – sub models and supply chains where the VCSE has no direct contract with the commissioner. As in the regional frameworks commissioned by the DWP in the Work Programme. Preferred Provider Models / spot-purchasing: no guaranteed business, a two-step process, often small pieces of work ie fostering placements for individual children User-held budgets . Similar to other themes 1) that the commissioner isn’t necessarily the direct funder and therefore the person you need to be marketing to b) spot purchasing / less predictable flows of business as individuals make more flexible choices. Most advanced in the adult social care market, though one large national VCSE recently reported on 15% of their service users have these budgets (and government says it should be 100%).
- PURPOSE Using three examples of private sector public service delivery to understand the roles they can play. Trainers to talk through the models and take questions. Work Programme : Ingeus example DWP commissioning using regional frameworks, prime-sub structures. We use Ingeus as the example: they both deliver the services and manage the supply chain. So, in competition, but also expert in the subject area. In this context the VCSE might play a role at any level – although access to capital (and the inherent risks of the programme realising it’s results) preventing much VCSE involvement as prime. The challenge in this model is over 90% of contract value is withheld – and there are significant financial risks as a result, throughout the whole system, wherever the VCSE sit. DWP chose 18 prime contractors to deliver 40 Work Programme contracts across England and Wales. Of the 18 organisations chosen only two are CSOs. Of the 40 prime contracts offered by DWP only three were awarded to the civil society sector leaving 35 - or 88% – going to private sector organisations, and 2 to the public sector. Prime-subcontractor relationship has experienced challenges: Some contracts have unfavourable terms offered by primes including low prices, high risk, uncertainty around volumes and TUPE related issues (see below for more on TUPE). Lack of clarity around accountability in supply chain management Lower volumes of referrals than expected – impact on financial sustainability Neena – can you get some stats on the Work Programme. How did this structure impact on the VCSE and the programme results? How many VCSE primes were there? SERCO / Catch 22 FS to fill in. PIP Andy – describe the structures, context and purpose for the PIP models ie around joint governance . And the position of the private sector within it, and the kind of relationships this led to with the VCSE. If you need any help with this, Neena can do so.
- Clinks are presenting an update on the CJ environment
- Two group discussion exercises to understand the new world, rather than us just informing them about it. These exercises take us past lunch (two in morning, one after). Throughout the exercises, trainers to move about and prompt and promote the groups. It gives the trainers an opportunity to get to know all the delegates and their current level of knowledge. Where appropriate in the feedback sections, trainers to use flip charts to give further detail to the discussion and relevant case studies. The three exercises cover the fears, conflicts, drivers and necessary behaviours and resources for the commissioning / subcontracting system to work.
- The two exercises use this commissioning system model – an example of the new world. Divide them into groups. Each group will take on a particular role: Commissioner Commercial prime VCSE prime VCSE specialist Roles may be explored by more than one group. Explain the model and the overall principle of the exercise: that you explore the implications of the system from the vantage point of your particular role. We then discuss this as a whole group, drawing out and debating perceptions, fears and solutions to problems. Through this we map the whole system, and understand problems and opportunities. Any questions?
- 10.45-11.45 They have the commissioning model, exercises and room to write in their packs Flip charts on table for them to record notes as a group 30 mins in group 30 mins feedback and trainer to add gaps In feedback discuss one role at a time, starting with the role’s self-perception. Then how do the others see this group? What are the implications of any conflict or otherwise? How will this affect relationship management? Other questions to ask: Make people record their core values – so that these can be discussed later during the negotiation exercises How do they feel about commercial terms? What is the value and limit of behaviours perceived as ‘commercial?’ Prompt Commercial sector behaviours include: - Providing Insight – our customers expect us to be people who provide them with different and informed insights into the needs they are seeking to address - Consultative – listening is much more important than speaking when it comes to sales - Solutions – customers are looking to us give them ideas about the different options for pulling a solution together and to share evidence to show how things could work in the future and the benefits and outcomes they can deliver - Customer-centric – all the solutions we are pulling together are bespoke for a specific customer or situation. Tailoring what we can offer to a specific customers needs is vitally important rather than adopting a one size fits all approach - Relationships – building trusting relationships is vitally important. Most large outsource deals last for 7-10 years and customers need to have confidence in the people they will be buying form. BREAK FOR TEN MINUTES AT THE END.
- Purpose: to add any necessary further detail to back up the previous exercise. Private sector partner t explain their own organisation’s motivations. Discussion: what would they therefore expect from the VCSE? Once discussed (and possibly flipcharted) click the slide and the answers will fly in. This is the end of the first section, so summarise: we’ve introduced the policy and procurement context Introduced the different objectives of the collaborators and competitors in the market Discuss the type of market structures organisations are likely to be operating in Ask for any final questions before moving on. Notes on the slide content: What the private sector want from the VCSE… Able to bring insight and expertise Insight to help understand the service delivery landscape and the needs & behaviours of the individual client group(s) what will good/innovative look like for them? What solutions do/don’t work? Evidence competence and achievement Sharing information that makes it clear what your capabilities are Able to evidence your successes…and back this up by good metrics The private sector likes numbers! Open, realistic and motivated Willing to share information Clear about your capabilities and where they can best be deployed Share your ambitions about your future plans Commercially attuned Understand the big picture…the shape of the deal (risks and obligations) that the prime partner is being asked to sign up to Clear about the risks that you can/cannot sign up to and able to articulate the reasons for this Being as open on costs and pricing as possible aligning their offer as far as is practicable with this but being clear where they need us to provide cover/support. Able to help us to help you (and vice versa) Clearly articulate the support you need, accommodation, access to expertise, funding etc. Aligned governance/decision making Very important in a fast moving bid environment Understand the prime’s governance/sign-off process and the implications for your timescales Plan ahead about how you will deal with the unforeseen…e.g. a change in anticipated volumes People who are easy to work with Be known as an organisation that is “easy to do business with” People who work best in a bid environment have are flexible, adaptable and can-do attitude Able to work collaboratively. Understand each other’s governance and approval processes and make sure they align (this is as much about culture as it is about process). Be clear how we can take quick decisions when we need to.
- Purpose: to add any necessary further detail to back up the previous exercise. Purpose: of the next two slides is to help participants think about what it means to “sell” in their particular context. Recognising that for some participants, “selling” may be a new and slightly unpalatable concept, the slides seek to draw out some negative perceptions around selling and then contrast these with some selling concepts which are much more relevant and with which participants can see themselves identifying. Agree that this definition is definitely not what we are talking about in this context Could invite participants to shout out some of the other negatives and add them to the list
- Purpose: to add any necessary further detail to back up the previous exercise. Hopefully , this definition is more inline with the way we can see the concept of selling applying to all our organisations. Test reactions to this These are all titles given to different sales approaches which are more relevant to the “selling” that most of us will be involved with. Ignoring the specific techniques or methodologies themselves, each of the titles gives a useful insight into what we are trying to achieve when we engage in sales activity - Providing Insight – our customers expect us to be people who provide them with different and informed insights into the needs they are seeking to address - Consultative – listening is much more important than speaking when it comes to sales - Solutions – customers are looking to us give them ideas about the different options for pulling a solution together and to share evidence to show how things could work in the future and the benefits and outcomes they can deliver - Customer-centric – all the solutions we are pulling together are bespoke for a specific customer or situation. Tailoring what we can offer to a specific customers needs is vitally important rather than adopting a one size fits all approach - Relationships – building trusting relationships is vitally important. Most large outsource deals last for 7-10 years and customers need to have confidence in the people they will be buying form.
- 12.45 – 1.25
- Maybe return with a quick energiser. Something getting them moving. If you do, extract this time from this session 1.25 – 2.15 Fifty minutes Start with the commercial trainer giving their perspective on these questions before going into the exercise. Further questions include: What are the risks you face? How will negotiation be affected? What conflicts arise; who has power to resolve these? What resources are needed to manage the system to your advantage? What skills do you need? Where is their synergy in what you all need? How do you manage expectations? Prompts What the commercial sector want from the VCSE Able to bring insight and expertise Evidence competence and achievement Open, realistic and motivated Commercially attuned Able to help us to help you (and vice versa) Aligned governance/decision making People who are easy to work with
- 2.15-3.00 Broken into 25 minutes + 20 minute exercise Purpose: This section is about building relationships. The principles and processes could apply to any / all stakeholders, whether funders, potential primes, or other stakeholders and partners. NB – this is relationship management. we cover bid management in day two.
- This slide looks at some of the key activities that the private sector undertakes to help shape the market. It demonstrates that activity begins far before the bid stage – and having the right relationships to do this is essential. DON’T SPEND LONG ON THIS – ITS JUST TO DEMONSTRATE THE SYSTEM. Commissioners/clients typically go through various stages in deciding what and how services are to be commissioned. Often the stages overlap one another and its isn’t always a neat and tidy linear process. Recognising needs – a need is identified that requires a solution Formulating strategy – how should they go about addressing this need? Evaluating options – weighing the strengths and weaknesses of different approaches Procurement strategy – deciding how to go about commissioning/procuring the different elements of the solution Procuring – the formal procurement process The following steps outline some of the approached that the private sector typically undertake to help shape the market. Horizon scanning Understand the factors that are creating pressures to do things differently? Who are the people charged with making it happen? What does the wider stakeholder map of people and organisations involved in an issue or policy area look like? What do we know about timelines? They start by seeking to develop a good understanding of: the opportunities that are coming to market, who is commissioning/procuring these Shaping How can we engage with and support those designing a solution to address the need? How will the services be commissioned/procured (is this a centralised, decentralised procurement, what are the key factors that will result in different solutions for different geographies? Etc) How can we understand and engage with the views of the wider group of stakeholders? Which other organisations may be interested in participating (viewing them both as potential competitors and/or collaborators What skills/insights can we bring to bear (white papers, presentations around alternatives, meetings with experts, evidence of what works etc.) Pre-bid engagement This is typically the point at which the decision to commission/procure will be announced to the market Need to check that we have the necessary people (skills, availability) to respond Start to engage with and shape our thinking about the roles and skills/expertise from different members of the supply chain Respond to any formal consultation and soft market test(s) Offer site visits and preparations for customer’s due diligence Bidding We will talk about this a bit later Qualify (and re-qualify) How does this opportunity fit with our strategic objectives? (e.g. the potential for work in this market, alignment with our core capabilities, the expected financial investments and returns, reputational factors etc.)
- The steps in relationship management, from identifying the right people, developing relationships with them, and measuring how successful this is. This is a model used by larger VCSE and by the commercial sector. It is proactive and targeted (towards results, not just people). It is also about the longer term, and therefore requires a strong strategic understanding of where you want to be in the future. the toolkit contains a case study on ‘tact’ a fostering agency, explaining how they manage this process successfully. Give examples of how the commercial sector does this effectively. Understanding customer needs Their pressures Gaps in their system – solutions needed External pressures ie financial and political The role you can best play Their expectations – and how you can exceed them Assess opportunities against mission Only take on work that is meaningful Manage relationships Have a process for identifying the right people Have a process for allocating key contacts, and making sure the relationship is suitably valued and engaged Make sure the relationshps is developing Deal proactively with any problems Build reputation Reputation counts Make sure you understand how people perceive you (ask them directly) and deal with any negativity Build on any positivity; market yourselves Build advocates for your causes Make sure your message and reputation is consistent and relevant Measure impact Review the number, influence and positivity of your relationships Review what impact they’re bringing in the short and long term Reassign focus and resources if needed; see what gaps you have and new relationships need to be developed
- Purpose: some key messages from the training so far on relationship management. Reflect on, ask for final questions. This approach is based on a case study produced by the fostering agency (TACT) (The Adolescent and Children’s Trust), describing how they have approached the changing marketplace for their services. They believe it has resulted in: better service outcomes sustainable relationships a significant rise in their contract income (increasing from £12m - £18m in 3 years) A core theme is building “trust-based relationships” through developing a deep understanding of needs and interests of their various stakeholders, be they commissioners of services, fellow providers or children in care. 1. Be informed about customer needs You need to understand the landscape in which you are working by: Understanding who is commissioning what Defining which relationships matter Being able to demonstrate how your organisation can add value to those relationships Understanding the landscape will include: Understanding local market trends (whats being commissioned, tenders etc.) Researching other providers (understanding them both as competitors and potential collaborators Participating in relevant networks/forums Understanding the pressures faced by contracting organisations (commisisoners & primes) 2. Check for alignment with your mission From a knowledge of where the opportunities lie you need to apply a filter: Ask to what extent the different opportunities align with and contribute to helping achieve your organisation’s mission? 3. Build your reputation Plan – if you know what you want and can articulate it you are far more likely to get it Be insightful and proactive to find out how people really view you Be transparent, explain your decisions Be relevant and concise Be open around your finances and cost structures Be flexible. 4 . Manage your relationships The process of building relationships needs managing Whilst many people will be involved, someone needs to have lead responsibility for this activity Ensures focus and avoids wasting time and resources This lead role can include: Coordinating communications and contact Assessing and understanding the potential importance of new service activities and new customers Developing strategies to respond to these opportunities Collating information Setting and evaluating the outcomes To do this they have a contract manager who coordinates all relationships by acting as: The ‘shop front’, the brand, the access point Expectations are high, and not achievable Prioritising the long-term over the short-term Reactive, hard to size portfolio New or existing customers? Demanding or deserving customer?
- Optional slide to describe the relationship manager role. Next slide gives an example – TACT, a fostering agency Business development manager : A position requiring a strong commercial background, which focuses on income generation and converting a service concept into saleable and deliverable services that will realise positive margins. Researching and accessing new markets. Building on commercial contacts and networks to source income opportunities, and manage business relationships. Contract manager:
- Purpose: don’t really need to cover this – the next slide is more important to explain an approach to mapping stakeholders, as used by Capita This is an example of a potential prime you might want to work with. The chart shows: Who you need to have relationships with Who from your organisation has relationships with those people (and check what responsibilities your employees have in regard to these relationships The attitude that person has towards you: useful to know before any tenders come out … what do you do with this info? See the next slide for what is next… CONSIDER TIMING AS WELL: Horizon scanning: Contract pipelines Contract features (consortia take longer; if they’re large scale contracts, likely to be prime-sub) Key dates or triggers (ie political or statute change) Frequency of contact Ask the commissioner directly
- 2.40 This model enables people to target the right people to achieve their intended aims. It records someone’s: Attitude to you and experience of your organisation The importance of that attitude You can then determine how important the relationship is, and allocate resources accordingly. You can use this tool to measure against any objective ie for an individual contract; for general market positioning. Exercise in packs Give 5-10 minutes + feedback – this enables them to practice and work out methodology 1. Referring to the diagram on the slide, in pairs or on tables, imagine you are about to bid for a contract from this prime in nine months: 2. Which two individuals would you target your time on influencing? 3. Given you have limited resources but nine months to have an effect; What action would you take to influence the supply chain manager? What measures would you use to chart you success / failure in influencing the supply chain manager? Some points for feedback The criteria should be relevant to your org. so flexile. The charts help you estimate things – even if you can’t know it exactly at the start, and information may change. It isn’t an exact science. Weighting doesn’t work – but it gives a clear visual and useful information for making decisions. BREAK FOR TEN MINUTES
- 3.10-4.10 Q – who does this, and how? Q – how do you identify market trends? Q – and through this, how you identify your competitors? Speak to commissioners Networks and forums Sector / specialist press See who else is winning (tenders in similar or near areas)
- Purpose - To get them thinking about the need to weight up opportunities. The dilemma for charities (and similar for private businesses!) – scoping relevant opportunities - clearly want things in the top right and avoid bottom left. Key assessment area is top left and bottom right (and where things fit within this). Looking to achieve balance between top left/bottom right. Also need to bear in mind capacity – could be on mission and lots of money but beyond organisation’s reach. Key to understanding how this fits is to look at your own organisation and really understand the drivers (cue next slide).
- Again, this is just to get them thinking. Say something along the lines of “there are myriad opportunities around and choosing the right ones for you is difficult and confusing when there’s grants, block contracts etc…). We should have touched on all of these earlier
- 10 mins When bidding they need to think about relevance on three levels, not just immediate financial interest. These are the three main questions they need to address. The three questions: Suitability of the contract – so immediate interest for their mission and business. Covered in more detail on the next slide. Market position – so the growing role they wish to play over the medium and longer term. They need to understand the market in order to do this (and this section helps them do that). Nb the toolkit includes a guide on competitor analysis: what to look for and sources of information They also need to think how this contract fits with the rest of their funding. Would this subsidise – or be subsidised – by their other work? Will it affect their core funding? Does it provide investment into other areas, or take investment away from other areas.
- 10 mins NB that conditions will be bottomed out in later negotiations – so aren’t absolute to start with. Things they should consider. Discuss.
- Deeper dive if required talking about the areas of influence/control on external factors (with particular reference to PBR although applicable beyond this) Purpose To illustrate an conceptual way of thinking about the risks within a contract, taking into account external risks that are often not easily assessed or mitigated. This is an example only – the position of the items on the chart will vary from contract to contract. Delivering great interventions can be hard enough, with many factors that are difficult to control. In PbR contracts with complex supply chains there are also many factors outside your organisation that affect your performance fundamentally. You should identify the main risk factors and develop a good understanding of their likelihood and impact. You should seek to track your partners’ performance in the same way you track yours so you can adapt to the inevitable deviations from the plan that will always occur. Another key factor is understanding incentives The chart shows risk factors and categorises them with respect to their Importance for the outcomes of your contract and therefore payments (items to the right of the chart have greater impact on your organisation’s performance) and Level of influence or control you have over the risk factor (you have more control over items to the top of the chart than the bottom)
- 40 mins for exercise and feedback Use supply chain example to introduce. They have space in their exercise packs to record notes for feedback. They need to consider what they control in a supply chain, and what they don’t. Further prompts during the feedback: What would be the ‘redline’ factors that they would not proceed against? If they don’t own a variable (ie referral volumes) who does? Is it even the prime? Or some other part of the system? Does this increase your risk? What risk is your organisation happy to bear?
- Purpose - the key things to consider (above and beyond the other slides) when working with a prime in particular (this will be looked at as a case study in the work programme example next). If considering subcontracting to a Prime Contractor there are a number of things you need to consider: Relationship is key: consider who you might be subcontracting to Do your homework on the possible Prime Contractors you might be working with Are there any you wouldn’t want to work with? Any with a good values fit with your organisation? Your role Use your assessment of the overall opportunity to identify the role you want (& could) play How large a contract could you take on? How much risk could you bear? Can you meet the requirements of the Commissioner if you want to deliver e.g. an ‘end-to-end’ service? Can you deliver the specific requirements of the Prime Contractor? Delivery models will differ, so you may be better placed to work with some Primes than others There will be competition for subcontracts so consider what you bring – your added value against your competitors Review any offer you receive Assess any offer from a Prime Contractor as you would a tender from a commissioner Consider whether you are clear on your role & what you are being asked to deliver Are the minimum performance expectations & payment terms clear? What are the impacts of underperformance? Are there requirements of the Commissioner that you will need to comply with? E.g. TUPE, or Information Security? Are you able to set-up to deliver within the implementation timescale? Ask questions if you have them & negotiate where you can & it’s appropriate - Need to be realistic if negotiating. A payment by results programme will never be paid like a grant.
- 4.10-4.30 Focus on reflection, not on feedback to the event (that comes tomorrow). If anyone is only making today however, do have evaluation forms to hand out.
- A reminder of what we should have covered. Any questions or gaps? Reminder that tomorrow we’ll have time to look at the competencies in more detail and assess how far we’ve come.
- Just as a reminder of what tomorrow will be
- 15 / 20 minutes
- End. 4.30.
- Welcome back.
- Setting out the purpose of today again. Building on yesterday. We will ask them to reflect on this at the end of the day. Please keep referring back to these objectives throughout/ Remind them of the competencies sheet and the toolkit to build on learning and put it into practice.
- Trainers introduce themselves and their orgs. Recap on yesterday – trainers thoughts. Ask for theirs too. INTRODUCTORY EXERCISE – After a recap on the previous day, ask attendees to discuss with a neighbour, ONE thing from the previous day that really stood out for them and why (3-4mins). Collected the topics on post-it notes, stuck to a board and discuss as a group (5-10mins) . If lots of variety focus on 2-3 of the most popular points.
- Overview of day two Any questions? Purpose: over view of the day Building on a lot of the relationship skills and strategic processes and analytical techniques of the first day. In the business development cycle, we’ve looked at: Understanding and deciding on your market position The importance of understanding and relating to other stakeholders Mapping and targeting relevant stakeholders Assessing risks and opportunities in supply chains Now we move on to the next steps: The role and pressures on governance and performance management What is financial risk: and how you recognise, manage and mitigate it Learning from the private sector how to bid as effectively as possible And how and why to negotiate: absolutely crucial Finally, a chance to reflect upon and discuss the two days, to evaluate the quality of events and to think about the competencies they have gained and how they will continue to develop relevant skills and knowledge beyond the training.
- 40 minutes One of the main things that we have seen is this new environment requires strategic planning and decision making. So governance is crucial. It is also an essential element to effective partnerships and contract delivery – is governance capable and aligned of delivering against the risks of this environment? This sections discusses some of the responsibilities and qualities of effective governance. Note that this section doesn’t seek to be comprehensive on governance – that is very much for another training – but to highlight particular challenges governance will have to respond to in this environment.
- 10 mins Use a case study to open up discussion on performance management. There is a case study of the G4S model in their exercises packs – which they’ll be using for the exercise on the next slide. I n outcomes focused markets, performance is crucial Favours those who can prove best performance By way of contrast with the previous slide. We’ve all heard horror stories! Why are commercial organisations using such stringent performance reguimes? Get them to think about value for money pressures from commissioners. What might be the implications of engaging with a Prime imposed performance management framework – e.g. sharing data (particularly pertinent in relation to the 4 th bullet, when the Prime is a competitor). How might it differ from your own? What might organisations be doing internally, and what impact might this have on the role of trustees – you might expect that trustees will want to be kept more up to date with performance data, given the risks of defaulting. What are some of the challenges with this approach: Short term – doesn’t think about ongoing market diversity Doesn’t reflect different organisational challenges How much capacity building is there? Orgs that cant prove performance well lose out Forces orgs to stick to contract delivery and not their wider good
- Strategy of organisation is clear Morals and ethics agreed – clear red lines of what you won’t do Delegated authority Communications back to board clear
- 30 mins 20 mins for exercise and 10 for feedback This exercise is to get them thinking how governance should deal with greater risk. They should consider: Regularity of decision making Board and senior staff roles Reporting procedures Quality, access and sources of information Exit strategies; red lines Managing effective relationships with the prime beyond the contract performance The toolkit contains a set of links to governance resources. Challenges Quality and relevance of information Information sources Learning from delivery/ and learning from bidding experience Importance of a feedback loop model – then you can identify and adjust for things that don’t turn out as expected Having robust baselines in place underpinned by internal an external knowledge and data. Technically it shows a ‘double loop’ feedback system, so you’re also reviewing whether your original targets were correct, based on pre-existing environmental data, historical performance, costs etc. What information does the trustee board require to Monitor contract risks? What are the sources of this information? What other information is required by other parties in the supply chain? Future information requirements Move to results oriented monitoring Capturing of outcomes/ rather than outputs Performance managing staff Aligning systems e.g. ‘data capture’ with prime/contractor Build in flexibility (e.g. staff) to deal with fluctuating demand. Maximise performance by utilising the full portfolio of contracts you deliver
- 5 mins A slide to summarise and reflect on good performance management in the new environment. Show this slide after having collected feedback from previous exercise. How does it compare with what people came up with in the exercise? Anything missing from this list? Did people think of all of these aspects?
- EXERCISE – SEE SLIDE PACK ‘MOBILISATION’ EXERCISE, PAGE 6 Give five minutes for them to write in groups the key things they think should be thought about in mobilisation. This slide is to encourage discussion on what happens now around delivery readiness, and its importance. In presenting, you could ask organisations, if this is something they currently feel that they attach enough importance to. Ask ‘and what are (or might be) the consequences of not doing so?’ Things that might come out from the exercise: KPIs, premises, staff structures & performance measures, data/monitoring software, volumes. As part of contract implementation all Primes will be required to develop an implementation plan. Supply chain partners will be expected to demonstrate their capability to implement contracts within specified timescales. For example, the WP had a lead in time of three months. This can have serious implications for organisations looking to deliver largescale interventions and services. The consequences of not doing so can be extreme. For example, a lack of planning can mean that organisations do not have the capacity to deliver services if they receive a lot of initial referrals. EXAMPLES OF THE CONSEQUENCES? WILL PRIMES EXPECT TO SEE EVIDENCE OF A GOOD MOBILISATION PLAN?
- THERE WILL BE A TOOL ON MOBILIZATION. THIS WILL VE CIRCULATED ONCE THE ONLINE EVALUATION FORM IS COMPLETE. Slide to compare with feedback from the previous exercise…. To discuss, and note any particular points. There is a handout to take away. This is a typical checklist outlining the key tasks that need to be undertaken to implement a contract. These need to be accompanied by clear timelines. I HAVE PUT THESE ON A HANDOUT SO THAT PEOPLE CAN SEE THEM CLEARLY (JG)
- This is an intro slide, to get people to start thinking about what’s involved in the step up from ‘grants’/loose forms of contracts, to contract holder, or sub-contractor. The way we though this could happen is to get people to think for themselves initially about what the various challenges might involve… (I’m currently looking for a case study JG) Exercise – see packs. They are to record on flipchart and feedback. In groups to brainstorm what capabilities organisations might need to develop in order to meet their obligations to deliver and manage contracts…. Spend about 5-10 minutes. Record on flipchart paper. Be prepared to feed back. CAN WE HAVE A COUPLE OF CASE STUDIES / OR AN EXERCISE THAT HIGHLIGHTS HOW DIFFERENT EXPECTATIONS MAY BE AS A SUBCONTRACTOR TO A PRIME (IE THE DIFFERENT PROCESSES THEY MIGHT BE EXPECTED TO USE). COULD WE HAVE A SLIDE DESCRIBING DIFFERENT TYPES OF PERFROMANCE MANAGEMENT AND THE EXTENT TO WHICH THEY’LL INTERFERE IN YOUR BUSINESS, AND WHY? IE I KNOW G4S KICK OFF THE LOWEST PERFORMING PROVIDERS AND THEY WILL ALSO INSIST ON GETTING RID OF POORLY PERFORMING MANAGERS. THIS SEEMS TO BE A KEY DISTINCTION BETWEEN PRIMES. ALSO, ASRE THERE PARTICULAR CHALLENGES WHEN THE PRIME IS ALSO DELIVEING AND THEREFORE IN EFFECT A COMPETITOR. AND HOW INTERNAL PERFORMANCE MANAGEMENT MAY ALSO NEED TO ALTER GIVEN THE GREATER RISKS – AND THE ROLE OF TRUSTEES IN THIS. AND PERHAPS ONE ON DATA AND EVIDENCE? ESPECIALLY WITH PRESSURE FROM PBR ETC AROUND HAVING GOOD BASELINES, DOES YOUR DATA TRANSLATE TO DIFFERENT CLIENT GROUPS?
- Show this slide after having collected feedback from previous exercise. How does it compare with what people came up with? Anything missing from this list? Did people think of all of these aspects? What role might you expect a Prime to play in helping with any of these features? Another slide [DAVID, I DON’T KNOW IF YOU COULD GIVE AN EXAMPLE CASE STUDY OF HOW AVANTA HAS HELPED ONE OF ITS SUB-CONTRATORS WITH REGARD TO THE ABOVE TRANSITIONS?]
- 11.00am To be delivered by commercial partner. We know this is a major problem for organisations. There is little understanding of financial risk, how to identify and manage it, and the skills required to do so. This is the most complex area of the training. Throughout this section the trainers should draw up a list on the flip chart of areas of risk the delegates should check against. Delegates have a financial risk framework in their exercise packs, and should add to this til it provides a complete picture
- 40 mins to discuss these three slides on the Work Programme. People may well have a lot of questions Purpose To illustrate the importance of good cash-flow modelling, taking into account all likely scenarios. And how tight the difference can be between success and failure in some contracts. It is vitally important to model scenarios that have a good chance of occurring, even if the results are hard to stomach. It prompts you to put in place contingency plans and reassures stakeholders. It also allows you to look at contracts within the context of your organisation’s financial position. Once understand funding structure, need consider its impact against costs of delivering the service requirements to establish likely revenue profile: when you will get paid vs when you incur costs This graph is an indicative representation of the cash flow profile No amounts on the y axis as purpose is to show revenue profile shape: amounts will depend on individual size of contract Key point to note: break even on WP is somewhere in year 2 Need to invest upfront and secure financing to cover initial losses Then: depending on performance, will reach break-even and move into profit in later years Profile assumes you meet your performance expectations If not: initial losses are greater; break-even moves further away; profit reduces gets increasingly harder to recover position Therefore: sensitivity analysis is key What is impact of missing performance expectations by 5%? By 10%? Need understand this to understand how much risk you can bear
- Introduction to the subject via the WP case study Demonstrate what financial risk is How complex payments work; identify risk Demonstrate how risks exist for the whole supply chain Aim of the case study to highlight the importance of full analysis of an opportunity Complex funding structure of the WP highlights importance of organisations understanding what they were signing up for
- Continuing with the case study, explore how the payments work out Here: published DWP prices by payment group – for year 1 (does not show where reductions apply year on year) Be careful how you interpret these figures Maximum outcome payments are in grey to highlight they can be distracting: they are a maximum that can be claimed for an individual if provider supports them into work and they remain in work for full period that provider is expected to provide support. Need to consider number of factors to understand how funding works and estimate approx. likely revenue per client What are the performance assumptions? Performance expectations vary greatly from payment group to payment group MPLs for WP: PG1, PG2 vs PG6 Referral volumes by client group also vary greatly: e.g. far more JSA 25+ clients that ESA ex-IB So, how does each outcome payment contribute to the costs of providing a 2 year programme of support to all clients on the programme? Price competition impact on outcome price & overall revenue? Discuss: what other questions should you ask? FIFTEEN MINUTE BREAK
- Slide explaining the ‘qualification’ criteria used by CAPITA commercial directors to assess whether or not to bid. Strategic alignment Does it directly or indirectly achieve their short and long term aims? Does it fit with the rest of their portfolio? Ie cross subsidy (for the VCSE) Measureable results Is it realistic? Are they suitable? Are they stepped or end results? Is the data you’ll be measured against sufficient in quality and detail? Will the results lead to gaming and/or mission drift? What systems / monitoring burden will it require? What is the performance management regime around the results? Procurement process Timing? Robustness? Proportionality? Governance Is it being well managed? Are they clear in their objectives? Sponsorship Is there suffficent expertise and capacity at your end to see the bid through? Rate of return Investment / return Risk / return Risk profile NB THE NEXT SLIDE HAS A LIST OF RISK PROFILES Risks to this return and whether you can control and mitigate these or not? Are you sure you’ve understood all the risks? Anything you can learn from similar contracts?
- Building from the last slide – some of the risks commercial directors at Capita look for. PLEASE ADD IN CASE STUDY EXAMPLES AS YOU TALK ABOUT THIS Volume and demand risks: How good are projections? What are the factors affecting volume that will reach you? What proportion if any is guaranteed? What demand is there? How will policy or other external changes affect this? How will competition affect volume and demand reaching you? What other commissioning changes will effect either category? Specification Consider the suitability, viability and rationale behind Specification (use your knowledge of what works – is this best practice? Are they listing outputs or outcomes or both?) Do the results tally with the specification? Does the monitoring intelligently relate to the specification? Payment terms and schedule Contract terms – proportionate, relevant? What opportunity is there to adjust and amend? What would trigger changes? Does this shield you sufficiently? Service implementation Often gets forgotten How realistic is this? Can you get a suitable plan in place? If you’re taking on a service and/or assets from an incumbent provider, what challenges may you need to plan for? What role will the commissioner or the contract play in safeguarding you and managing this transfer Is TUPE involved? If so, is ELI sufficient and timely? Have you indemnified yourself in the contract against poor TUPE ELI? Costs overrun What costs would you be liable for if your budget is insufficient? What will happen to your cost assumptions if the contract can be extended indefinitely? Do you have a contract clause on inflation? Are any of your significant costs set to rise – who will pay, you or the commissioner? What would be the effect of it running over time? What would costs be per day, week, month etc? Would this affect other budgets / core costs / other activities? Obsolescence – CAPITA TO ADD Termination and exit Triggers Process Transfer of assets inc TUPE? Recommissioning opportunity? Length of exit period? Sustainability of good impact?
- Again from caputa
- Key messages are: Important that everyone involved in preparing the bids is tasked with identifying the key risks and also mitigating them. The initial RAG (Red, Amber, Green) status will be a product of the probability of the risk materialising and its impact if it does. Each organisation can set its own financial parameters for this. It is important to assess the extent of residual risks once the mitigation actions have been put in place as this will need to be managed. For all material risks it is important to understand how they have been dealt with as far as the contact is concerned: Liability for the risk may be covered off in the contract They may be covered in the pricing…ie by adding a risk premium line to the pricing model If they are “absorbed” or traded during a negotiation the only likely commercial cover for the them will be the profits generated from the contract
- EXERCISE: FINANCIAL RISK MODELLING – 30 MINS OR SO. TRAINERS TO GO AROUND THE ROOM AND HELP.
- 1.15 – 1.55
- 2.40 1 hour 10 minutes Open this with an example of commercial sector negotiation – to give an idea of: Some skills involved Process is important Having a ‘red line’ is important How important it is That everyone expects to do it
- 15 minutes War stories – ask them what they’ve negotiated on and how it went. At the end of this slide, write onto flip charts the top ten rules of negotiation – and then check these against the next slide (which has negotiation principles). An introduction to negotiation. It’s important they know what they can negotiate on, and that they have clear objectives before they begin negotiation Chris Graylings view is that many VCSE were naive in their negotiations in the Work Programme and that some signed contracts that they should not have. There is probably some truth that VCSE organisations do not negotiate as hard as they could do. They may feel that they do not have a strong starting point to negotiate from; however there are basic things to remember. Know your USP and know your strengths. If you have an approach that achieves outcomes then commissioners and private sector primes will be interested in you. You might need to develop your evidence base and marketing to demonstrate and communicate your approach. If you are confident in your approach then you have a starting point for negotiation. Remember.. That there are many areas that can be negotiated including those on this slide
- Power imbalance - Is this real or perceived? As a sub-contractor you may need to negotiate with multiple primes, you could use this to your advantage. You are likely to be nervous; remember why you are involved in the first place (helping service users) and have confidence in your organisation! If possible try to build relationships with primes over time so you get to know the key stakeholders and you are less nervous. You may be small, the contract on offer may be small, but it could be a big headache for the prime. You might be solving them a big problem and helping them hit outcomes for work they otherwise can’t deliver. If your offer makes their life easier, they will be more willing to listen. Remember you are making a sale! You are NOT asking for funding, so adopt the right mindset. Focus on the service/product in question. Don’t wander off track and start talking about everything your organisation does, or how bad you think the government/the council/the private sector is. Talk their language, don’t talk about things like the Compact which the private sector probably won’t know off! If possible trade things, rather than unconditionally agreeing them. Accept requests by saying you will need something in return. Don’t forget you will need to work together in the long run, so keep relationships as cordial as possible. You don’t want a partnership getting off to a bad start, especially if exact levels of demand will only be agreed later on. Email agreed points after meeting and get a proper sub-contract/contract.
- If you are presented with a draft contract that suggests it is non-negotiable, don’t take this at face value. Read it, and understand all aspects of delivery that you are signing up to and highlight any issues. You job is then to asses these issues on the basis of severity and liklehood of happening. There may be multiple things you are not happy with, however it is best to focus on the aspects that are most likely to happen and that you really can not live with. Try using an approach such as Moscow. This gives you three headings to list your concerns against, these are the issues that you Must , you Could and you Should get changed. Must will equate to red lines you will not cross. Should would be nice to have, but not necessarily deal breakers. This is putted into practice on the next exercise
- THERE WILL BE A TOOL ON moscowTHIS WILL VE CIRCULATED ONCE THE ONLINE EVALUATION FORM IS COMPLETE. [consider printing this out as a handout instead of showing on projector as likely to be too small] Here the ‘issues’ have been allocated to the three categories. Ticks are things have been negotiated and agreed. Crosses are areas where the commissioner/prime refused to budge and the bidder did not get agreement on. We present three possible scenarios as a result of the negotiation. In a perfect world the bidder would want all of them, and this happens in scenario 1. Meanwhile back in the real world, scenarios 2 and 3 are more likely to happen. Which one is best? Note that scenario 2 has less ‘ticks’ than scenario 3. However scenario 2 has more ‘musts’ that have been agreed to, so suggests that a deal could be done.
- 40 minutes 25 minutes for exercise – 15 minutes to feedback and discuss their reasoning This exercise is in their packs. It includes Context for the contract being considered Features of the charity in the role play Negotiating stance of the primes A MOSCOW chart for them to fill in
- A quick how to – to summarise and cement learning Question – is there anything else they would now add.
- 1.55 45 minutes including execise – allowing plenty of time for case studies There are bid writing resources on the website – but not covered here. Instead we want to translate the private sector approach to bid writing to the VCSE – albeit with the limit of far fewer resources. Encourage participants to think how they’ll be practically able t implement approaches in their own organisations.
- A reminder that bidding is part of a bigger cycle of relationship building and market positioning – as explored in day one. This slide is to give a visual reminder. It is used in day one and doesn’t need discussing again
- This is the principles of good bid writing from a commercial perspective. Encourage delegates to consider how it translates? Do these concepts make sense in their setting? Open with a story from the commercial sector about bidding. Transparency here – and an understanding it is challenging for all sectors ie timescales; procurements being cancelled; undercut on price A winning bid is usually a function of at least 4 complimentary elements: An Effective sales campaign which involves having a clear win strategy and engaging with the right stakeholders A well managed and executed bid that clearly brings together individuals with the necessary capabilities to function as a team and articulate a compelling proposition that hits all the key points in terms of the evaluation criteria A strong and solution that clearly demonstrates how the different components will be brought together to deliver the desired outcomes A compelling and creative commercial proposition that meets the client’s various requirements in respect of things like price, deal profile, risk transfer etc.
- [input from prime from their own experience, expertise and company perspective] Managing the bid Once the bid comes out, the bid manager will co-ordinate the bidding across the company, this again could be through a series of different gates, where each section of the bid writing is cleared through a different gate process. This will include working with a number of different colleagues from specialist areas and departments across the commercial organisation such as finance, legal, risk, IT, etc. If this is a large tender, there could be a lot of different people with their own specialisms who are drawn on throughout the bidding process.
- Explaining the requirements of good bid management. What is bid management? Commercial orgs and ‘primes’ bid for significant value contracts. Their shareholders expect them to do this in a manner that is most likely to be successful, lead to ROI, and reduce exposure to risk as much as possible. The last thing a company wants is for a bid, or a contract to unravel and cost them millions of pounds by not delivering and tarnish their reputation. This is why commercial organisations develop systems and processes that work for them, to help manage their business decisions about what markets to operate in, and their bid management processes. Data and information Centrally managed information Held by the lead Everyone feeds in and takes ownership (TACT) Suitable formats Different channels Use third parties Know it well Mission driven Key messages Successes, not just activity Quantitative evidence SROI and other peer-assessed impact evidence Do something different, that stands out
- Purpose: to highlight and discuss good information management Discuss examples of good marketing: what has worked for them? How do they manage information in their own organisation? How is information used to make decisions by the Board
- This slide is to explain the importance of review. The next slide explores this in an exercise.
- 15 mins to write up 5 minutes to feedback It clearly is not practical to use exactly the same business management and bid management processes that a large commercial organisation would use for a £50million tender as a smaller VCSE organisation would use for a £50k tender. However there are principles that can be learnt and applied. It is wise to prepare in advance for tenders and influence processes and specifications used, especially if you have expertise in that service area. Think about how you currently both prepare for a tender, and the systems and processes you have in place for managing the bidding of that tender. There is an action plan table for them to complete in the exercise packs. They need to note: What the ‘gates’ are in their own organisation Who is responsible for them What decisions / actions should be made at each point During feedback, encourage them to add and amend to their action plan Further prompts: Is there a role for users? Is there a role for specialist staff? Where do you bring in critique – the black hat?
- Focus on reflection, not on feedback to the event (that comes tomorrow). If anyone is only making today however, do have evaluation forms to hand out.
- The competencies are a list of the necessary skills and knowledge required in this environment. As well as the training content there is material on the CM website and the online toolkts to enable people to develop the full range of competencies. Encourage people to come back to this list – hence why there is a column to record when they have used the competency. The idea is to give them a steer to continue their development and readiness for the new market structures.
- What have the 2 days been like? What have you learned? Any final questions? In their exercise packs are final questions on: what they’ve learned; actions to take. Reminder that evaluations will be emailed by the hosts – on line. And hosts will have their own forms Once they fill in the online evaluations they get the toolkits + further recommended reading. Any questions? …
- + fill in evaluation forms These are paper forms the host will collect and send to NCVO.