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Understanding the Public Services Industy

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<strong>Public</strong> <strong>Services</strong> Industry Review<br />

PPP/PFI and <strong>the</strong> transfer of risk has been a key enabler for <strong>the</strong> commitment to longer term<br />

relationships and successfully delivering public service projects.<br />

Finally, a number of respondents mentioned DH’s social enterprise programme and its<br />

Social Enterprise Fund as a positive way of encouraging third sector involvement.<br />

Q3. What are <strong>the</strong> biggest barriers to <strong>the</strong> private and third sectors entering and operating in<br />

<strong>the</strong> PSI?<br />

Respondents suggested that <strong>the</strong> biggest barriers to entering and operating in <strong>the</strong> PSI were<br />

often <strong>the</strong> reverse of those factors which had been effective, so a lack of clear objectives, a<br />

lack of a pipeline of packaged projects and increased political uncertainty all contribute to<br />

unwillingness to enter <strong>the</strong> PSI market.<br />

The procurement process was frequently mentioned as a barrier, particularly for smaller<br />

private and third sector operators. This was often seen as long, costly, susceptible to delay<br />

(during <strong>the</strong> procurement process and awaiting final approval), and inconsistent across<br />

similar markets.<br />

The was also a general criticism of <strong>the</strong> lack of skills, expertise and resources within <strong>the</strong><br />

public sector and supply side commissioning teams with concerns that commissioning<br />

teams learn as <strong>the</strong>y go and lessons learnt are not shared. Fur<strong>the</strong>r skills weaknesses were in<br />

decision making and negotiation.<br />

Responses suggested that service provision within large asset-based contacts is a barrier<br />

for smaller PSI operators, because of <strong>the</strong> significant bidding costs involved. Respondents<br />

also noted that service providers recover <strong>the</strong>ir bid costs over a much greater timeframe than<br />

construction contractors, amplifying <strong>the</strong> effect cost of bid costs.<br />

Commercial barriers include service bundling not matching market capacity (e.g. IT and<br />

facilities management) and inappropriate risk transfer. Where PSI operators are expected to<br />

shoulder much of <strong>the</strong> risk, without commensurate reward opportunity, <strong>the</strong>n PSI participation<br />

is likely to be constrained. There was also a concern expressed that commissioning models<br />

which require subcontractors (which may be <strong>the</strong> only way for small and third operators to<br />

engage with <strong>the</strong> PSI) can lead to excessive risk from <strong>the</strong> prime contractor.<br />

Problems of an uneven playing field were raised as a hindrance, with examples including<br />

tax treatment and pension arrangements, and incumbent advantage.<br />

Q4. Which procurement models apply best in what circumstances and why?<br />

The overriding sentiment from respondents was that all procurement models should be built<br />

on <strong>the</strong> principle of partnership, and <strong>the</strong> suitable contracting model should be appropriate to<br />

<strong>the</strong> specific requirements and circumstances of <strong>the</strong> procurement.<br />

Responses described numerous procurement models, from simple contracting (e.g.<br />

Catalyst) to PFI/PPP arrangements, with a range of alternatives including alliancing,<br />

framework agreements, multi-service contracts and joint ventures. The geographical<br />

element was an important aspect of <strong>the</strong> procurement ranging from local procuring driven<br />

by <strong>the</strong> need to stimulate <strong>the</strong> local economy, regional procuring where some economies<br />

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