KS4 Alternative Education Commissioning & Tender Process

1. KS4 Alternative EducationCommissioning & Tender Process Steve Jacklin, Commissioning Officer CSF Strategic Commissioning Team, County Hall, Hertford Telephone: 01992 588758 Facsimile: 01992 555831 Email: csf.commissioningtenders@hertscc.gov.uk

2. KS4 Time Line

3. Why a Tender? • To test the market and encourage best value principles. • Opening up of market place & market development • Closer matching of the Purchasers requirements and the Providers offerings. • A common understanding of aims and objectives, outcomes, funding limitations, and other constraints. • Consistent legal framework of terms and conditions • Protection of Authority, Purchaser, Provider, their staff and the Learner, including • insurance, • health and safety, • safeguarding, • CRB, etc.

4. The Tender Documents • Tender explanation • Terms and Conditions • Tender Form volume 1 • Tender Form volume 2 - Return Schedules • Part B Specification • Part CMonitoring • Appendix 1 CRB • Appendix 2 Individual Learner Agreement • Appendix 3 Purchased Program Contract • Return address label • Q’s & A’s • Notes from Workshop

5. Framework Agreement • Legal contract between Provider and the Council (CSF) • Sets out the Terms and Conditions. • Duration • Identifies programs on offer to Purchasers with costs • Indication of capacities • Roles and responsibilities

6. Framework Agreement: Provider E Framework Agreement: Provider E Framework Agreement: Provider D Framework Agreement: Provider C Framework Agreement: Provider D Framework Agreement: Provider C Framework Agreement: Provider B Framework Agreement: Provider A CSF with individual Provider Provider’s details entered in ‘Catalogue’ Sets out Terms and Conditions No guarantee of work Electronic Catalogue One catalogue, many Providers, each one with a Framework Agreement.

7. The Framework Agreement Framework Agreement: Provider E Framework Agreement: Provider E Framework Agreement: Provider D Framework Agreement: Provider C • CSF with individual Provider • Provider’s details entered in ‘Catalogue’ • Sets out Terms and Conditions • No guarantee of work • No Funding Framework Agreement: Provider C Framework Agreement: Provider E Framework Agreement: Provider D Framework Agreement: Provider B Framework Agreement: Provider A Purchased Program Contracts: School A Purchased Program Contracts: SEN team Purchased Program Contracts: Key Stage 4 Centre • Individual Purchaser with individual Provider • Confirms specific places / courses being purchased, dates, venues, price etc • Refers to the Framework T & Cs • Guarantees work • Provider charges Purchaser

8. Purchased Program Contract • The legal agreement between the Purchaser and the Provider • Sits Under the Framework Agreement and links the purchase to the T& C’s of the Framework Agreement. • Specifies the detail of what is being purchased, e.g. by whom, from who, the aims, objectives, outcomes, number of places, (names of learners?), time period, venue, costs, responsibilities, etc. • Template will be in the electronic catalogue • 3 Copies will be needed, one each for: • Purchaser, • Provider • HCC Framework Contract Manager.

9. Individual Learner Agreement • Written agreement between the Purchaser, the Provider and the individual Learner • Produced before the Learner starts a purchased program. • There must be input from all 3 parties (Purchaser, Provider, Learner). • It sets out the aims, objectives and outcomes for the learner. • Includes all appropriate referral information about the Learner.

10. Will new / additional entries be added to the Catalogue later? • Yes. • In order to expand the catalogue the Tender exercise is being re-run: • Round 1 -January / February 2008 • Round 2 -June / September 2008 • Round 3 – September / December 2008 • Round 4 - 08 December 08 – 27 February 2009 • Round 5 - 30 March 09 – 15 June 2009 • Round 6 - 07 December 09 – 26 February 2010. • Those already in the catalogue do not re-submit tenders until Framework Agreement expires, 31 July 2011.

11. Insurance • Public Liability Provides HCC with an indemnity against its legal liability to pay compensation to a third party for accidental bodily injury or damage to property. Minimum allowed £5 million any one incident. • Employers Liability This protects the employer against his legal liability to pay compensation to any of his employees who may sustain bodily injury or contract a disease in the course of and arising out of their employment. Minimum allowed £10 million any one incident. • Professional Negligence Professional Negligence Claims arise where another party relies on products, designs, supervision, or advice supplied or confirmed by an authority. Minimum allowed £5 million any one incident.

12. Criminal Record Bureau Checks It is the Council’s policy that all staff and volunteers either working directly with children and young people or with access to information regarding service users, have satisfactory Enhanced Criminal Records Bureau (“CRB”) checks and references prior to appointment. This applies to all organisations that have a contract with the Council.

13. Funding • The Framework Agreement brings no funding and gives no guarantee of work or purchases. • Purchased Program Contract links the purchase of a program to funding from the Purchaser. • There is no “new” or additional funds. • Funding sits with the Purchaser, i.e. the schools through their delegated budgets and the Age Weighted Pupil Unit, (APWU). • The prices from your tender will be listed in the Catalogue, to enable a Purchaser to make choices from the catalogue. • Prices in Catalogue will be binding on both parties.

14. Coffee Break Followed by Question and Answer Panel