Improving Community Safety through procurement practice and process Tim Oakley Head of Consultancy Trusted procurement for better buildings and homes

Public Contracts Regulations 2015 Introducing LHC Leading provider of free-to-use framework agreements used by: local authorities social landlords and other public sector bodies to procure works, products and services for the construction, refurbishment and maintenance of social housing and public buildings LHC was set up 50 years ago to help local authorities improve the quality of homes and communities through excellent procurement. “an agreement between one or more contracting authorities and one or more economic operators, the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged.” Public Contracts Regulations 2015 Trusted procurement for better buildings and homes

Introducing LHC We’ve been perfecting what we do for five decades, strengthening our technical knowledge, investigating innovations in products and services, supporting suppliers who are committed to being LHC appointed companies, and helping our clients and members with professional procurement that delivers better communities and homes. During the last five years, our construction and refurbishment frameworks have been used to procure over £740,000,000 worth or works and services LHC was set up 50 years ago to help local authorities improve the quality of homes and communities through excellent procurement. Trusted procurement for better buildings and homes

LHC and public sector procurement By using our specialist expertise in construction procurement we help public sector building owners identify the most capable contractors to meet their needs for construction, refurbishment or maintenance work. Contractors appointed by LHC engage directly with LHC clients to meet specific needs on specific contracts. Trusted procurement for better buildings and homes

Public Contracts Regulations The rules of engagement between public sector authorities and contractors are governed by the Public Contracts Regulations 2015 The rules of engagement between public sector authorities and contractors are governed by the Public Contracts Regulations 2015 These set out the processes and procedures to ensure open, fair and transparent practices for awarding public sector contracts Although they may be perceived to be cumbersome, used expertly, they are an effective tool to optimise value for money for the taxpayer. So the CLOCS Standard should be considered in this context Trusted procurement for better buildings and homes

What is the CLOCS Standard The CLOCS Standard aims to reduce risk to vulnerable road users through improved construction logistics It puts the onus on Construction Clients to manage logistics for both site and road safety… …dovetailing with the existing FORS requirements for vehicle operators Trusted procurement for better buildings and homes

Value for Money in the public sector Under the Duty of Best Value authorities should consider overall value, including economic, environmental and social value, when reviewing service provision. Economic Use of resources Environmental Planet Social People . Public sector clients are under a general Duty of Best Value to “make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness.” Under the Duty of Best Value, therefore, authorities should consider overall value, including economic (use of resources), environmental (planet) and social value (people), when reviewing service provision. So in a procurement contract, there is an opportunity to articulate the client’s requirement for improved community safety as an element of social value. By using our specialist expertise in construction procurement we help public sector building owners identify the most capable contractors to meet their needs for construction, refurbishment or maintenance work. Contractors appointed by LHC engage directly with LHC clients to meet specific needs on specific contracts. Trusted procurement for better buildings and homes

SPECIFIC CONTRACT DOCUMENTS MONITORING COMPLIANCE Articulating the requirement for the CLOCS Standard in contract documents ENFORCEMENT NO REQUIREMENT ENDORSEMENT INFORM PQQ DOCUMENT REQUIREMENT ITT DOCUMENT REQUIREMENT SPECIFIC CONTRACT DOCUMENTS The aim of the CLOCS team is to encourage all clients to recognise the impact of construction logistics on vulnerable road users and take steps to mitigate risk. Eventually, we would like to see the enforcement of the CLOCS Standard on all relevant sites through a mandatory requirement in tender documents (i.e. a pass/fail question). In the meantime, we would encourage endorsement of the CLOCS Standard by referencing in tender documents either as: A non-scoring element of the tender evaluation A requirement for the intention to implement the CLOCS Standard within a given time frame A requirement to demonstrate effective management of construction logistics with acceptance of the CLOCS Standard as an exemption. In this way, there is a spectrum of clients requirements from No Requirement, through Endorsement to Enforcement: Currently, the Considerate Contractors Scheme is piloting a compliance monitoring scheme in the London Borough of Camden. MONITORING COMPLIANCE Trusted procurement for better buildings and homes

Procurement clauses Articulating client’s requirement - can appear in: The pre-qualification/selection document Govt. Standard Selection Questionnaire / ESPD means CLOCS compliance has to be handled carefully. Works contracts can use the PAS91 questionnaire which allows referencing to CLOCS in Supplementary Questions the Invitation To Tender (ITT). More flexibility where compliance with the CLOCS Standard can be included as a scored or non-scored requirement. Procurement clauses articulating client’s requirement can appear in the pre-qualification section of the document or in the Invitation To Tender (ITT). Recent efforts to standardise information in tender documentation has meant that specification of the requirement for compliance with the CLOCS Standard has to be handled carefully. For major works contracts, most public sector authorities use the PAS91 questionnaire which allows referencing to CLOCS in Supplementary Questions More flexibility is afforded in the ITT where compliance with the CLOCS Standard can be included as a scored or non-scored requirement. Example of Camden follows Trusted procurement for better buildings and homes

CLOCS exemplar clause for ITT documents in use in LB Camden On [execution of this contract]/[appointment to this Framework Agreement] the successful bidder shall implement the requirements of the CLOCS Standard for construction logistics; Managing work related road risk. The successful bidder shall also ensure that any third party transport providers used to deliver this contract also comply with the CLOCS standard. Compliance with this CLOCS Standard demonstrates compliance with duty of care and statutory responsibilities. Specific requirements relating to road safety and freight will be specified in the works information or as a condition of contract. The exemplar clause for enforcement is included in the CLOCS and is currently implemented by LB Camden, for example. Compliance requirement should cascade down the supply chain and methods of monitoring should be included Trusted procurement for better buildings and homes

Monitoring compliance at LB Camden … and the range of requirements for site management including this extract. Trusted procurement for better buildings and homes

Monitoring compliance at LB Camden In their specific contract documents LB Camden include a detailed compliance procedure including this extract relating to vehicle operators…. Trusted procurement for better buildings and homes

Implementing your procurement strategy CLOCS Guide to Managing work related road risk in contracts provides useful advice on how to include the CLOCS Standard within your initial procurement strategy. Trusted procurement for better buildings and homes

Questions Trusted procurement for better buildings and homes