for Partnership between Social Enterprises and Commissioning Authorities Co-production, including commissioning without procurement (3) Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014
Feb 23, 2016
E3M Seminar: New Opportunities for
Partnership between Social Enterprises
and Commissioning Authorities
Co-production, including commissioning
without procurement (3)
Julian BlakeCo-head Charity & Social EnterpriseBates Wells Braithwaite
8th July 2014
1. Development options best require: 1. Consultation of users & market suppliers and Strategy set by priorities;
2. Further service consultation leading to informed service specifications;
3. Supplier engagement with consultations (within objectivity principle).
2. New flexibilities within Directive: 1. Innovation Partnerships (AB to elaborate).
2. Competitive Procedure with negotiation.
3. Preamble emphasis on distinctions from PP (note: State Aid rules relevant):1. “Mere financing” e.g. grants; community support.
2. Authorising/licensing compliant suppliers to consumers;
3. Compulsory social services – non-economic services of general interest.
4. “Freedom of national/regional/local Authorities to define, commission, finance Services of General Economic Interest” (EU Treaty Art 14 Protocol 26).
4. Pre-Commercial Procurement: 1. 2007 EC Communication – “…Driving innovation to ensure sustainable
high quality public services”.
2. Pre-PP stages: research; solution exploration; prototyping; test/pilot services.
3. Risk/benefit sharing.
4. Directive says “co-financing research and development should be encouraged”; PP does not apply to co-financing.
5. Innovative reorganisation/development of public service markets/pilots/collaborations may, properly analysed, be pre-PP activities.
5. Joint-ventures & rational investment1. Commercial co-production/collaborative engagement/investment.
2. Distinguish from commissioning/procurement/contracting services - (AB to elaborate).
6. Frameworks allow engagements within framework rules1. An original procurement establishes suppliers which may supply under
call-off contracts within scheme.
2. May be limited (non-procurement) further competition between framework suppliers.
7. “Teckal” development companies within public sector1. Authority subsidiaries may supply to Authorities within the public sector.
2. Allows new service development with later spin-out/co-investment possibility (but not as pre-determined intention).
Julian BlakeCo-head Charity & Social EnterpriseBates Wells Braithwaite
8th July 2014