653F_11 MSTAR User Guide issue 4 - WhatDoTheyKnow

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Contract Period: X XXXXX XXXX to XX XXXXX XXXX

653F

Contract Period: 11 April 2011 to 10 April 2014

653F

ESPO Contract 653F

Issue No.4


MANAGED SERVICES FOR TEMPORARY AGENCY RESOURCES


653F Issue No. 4

The User Guide This User Guide provides the details for Direct Supply Contract Number 653F.

A revised ‘Issue’ number is allocated to the User Guide each time supplier or pricing information is updated. Each new issue provides at the foot of the page, a description of the revisions concerned and a date on which they become effective.

Framework scope

The MSTAR framework is a national framework for the provision of managed temporary agency resourcing services to local authorities, educational establishments and other wider public sector organisations throughout the UK. Managed service providers can take responsibility for your temporary staffing supply chains and/or resource pools improving control, safeguarding and visibility as well as delivering efficiency savings.

This national framework agreement has been established by Pro5 (led by ESPO) on behalf of the Local Government Professional Services Group (LGPSG) with wide consultation amongst key stakeholders (from local government, education and the wider public sector) including the Cabinet Office and the Department for Education.

Supplier/pricing information

Full contact details of the awarded suppliers are shown highlighting the Lot and Sub-Lot for which they are awarded – see Annex 3 for full details.

How to order

By reference to www.espodealingdirect.org check you have the latest issue of the User Guide. Contact your chosen supplier direct and place your order/enquiry, quoting

ESPO Contract 653F-11/MSTAR .

Ensure you receive confirmation of the current price structure for services you require from the Managed Service Provider.

Performance

If you are unhappy with any aspect of the framework, please contact the ESPO Buyer as detailed on page 4.

Issue information – 15 July 2011

Additional contact details for Adecco

Amended reference to Annexures (updated numbering)

CONTENTS

1. Introduction .......................................................................................................................................................4

1.1 Introduction and key contacts .........................................................................................................................4

1.2 Key terms ...........................................................................................................................................................4

2. Background & Benefits ....................................................................................................................................8

2.1 Where did the MSTAR Framework come from? ............................................................................................8

2.2 What do we mean by Managed Service Provision? ......................................................................................8

2.3 Why should I use a Managed Service Provider? ...........................................................................................9

2.4 What are the benefits of using the MSTAR Framework? ..............................................................................9

3. Framework Duration and Scope ....................................................................................................................10

3.1 Framework term ..............................................................................................................................................10

3.2 Who can use the framework and what does it cover? ................................................................................10

4. Establishing the Framework ..........................................................................................................................11

4.1 Engagement and working groups .................................................................................................................11

4.2 Evaluation criteria ...........................................................................................................................................11

4.3 Price evaluation ..............................................................................................................................................12

4.4 Pricing Information .........................................................................................................................................12

5. Framework structure ......................................................................................................................................13

5.1 Overview of lot and sub lot structure ...........................................................................................................13

5.2 Supplier matrix ................................................................................................................................................16

6. Procuring from the Framework .....................................................................................................................17

6.1 Joining Process ..............................................................................................................................................17

6.2 Calling off ........................................................................................................................................................17

6.3 Further competition ........................................................................................................................................19

7. Contract Management ....................................................................................................................................23

7.1 Governance .....................................................................................................................................................23

7.2 Roles & Responsibilities ................................................................................................................................24

ANNEX 1 – CORE SPECIFICATION .........................................................................................................................26

ANNEX 2 – OJEU NOTICE .......................................................................................................................................50

ANNEX 3 – SUPPLIER PROFILES BY LOT .............................................................................................................55

ANNEX 5 – CUSTOMER AGREEMENT ...................................................................................................................83

SCHEDULE 1 to the CUSTOMER AGREEMENT ..................................................................................................102

PROTOCOL .............................................................................................................................................................102



PRICING SCHEDULE .................................................................................................................................................104

LOCAL ARRANGEMENTS .........................................................................................................................................105



ANNEX 6 - FRAMEWORK FEEDBACK FORM ......................................................................................................119

1. Introduction

1.1 Introduction and key contacts

This User Guide has been created for Customers wishing to access and utilise the MSTAR Framework. Further information is contained within the following pages.

Any queries or issues with the MSTAR framework should be directed to:

Primary contact Secondary contact

Name Gurvinder Kaur, Buyer Kate Shaw, Group Buyer

Strategic Procurement & Commissioning Strategic Procurement & Commissioning

Tel 0116 294 4045 0116 294 4007

Fax 0116 294 4398 0116 294 4398

Email [email protected] [email protected]

Eastern Shires Purchasing Organisation

Barnsdale Way

Grove Park

Enderby

Leicester

Address

LE19 1ES

Please note that this is Version 4 of MSTAR Framework User Guide. The Framework will be regularly reviewed and therefore subsequent versions of the User Guide may replace this version.

For the most up to date version of the guide, please visit our website www.espodealingdirect.org

1.2 Key terms

The key terms used throughout this User Guide (including annexes) are described below:

Agency / Agencies

means an Employment Business / Employment Businesses providing Temporary Agency Workers to the Managed Service Provider.

Access Agreement

means the agreement between the Customer and ESPO for the Customer(s) to use the Framework for provision of the Services, a template of which is included within at Annex 4

Agreement means the Agreement entered into between ESPO and the Supplier embodying the Conditions of Contract, Conditions of Tender and the Specification

Agency Fee means the fee charged by the Agency (in £/p)

Assignment means the required duties and period of time where a Temporary Agency Worker is working within the Customer’s organisation

Authorised Users

means the list of people at the Customer’s organisation who can use the System

Booking Fee means the hourly charge applied to Temporary Agency Workers to cover the Managed Service Providers costs

Candidate means a temporary (non-permanent) worker put forward by the Managed Service Provider to fulfil a specific role for a defined period of time in return for a fee.

Commencement Date

means 11th April 2011 (NB this is the Framework Commencement Date the Commencement Date for any individual Customer Agreements will be as agreed between the Supplier and the Customer)

Complaints Procedure

means the complaints procedure adopted by ESPO and/or the Customer(s).

Conditions of Contract

means the conditions of contract including the schedules and appendices referred to within (see Annex 5 )

Contract Period means the period of time for which the Customer enters into a Customer Agreement with the Supplier (Managed Service Provider) for the provision of the Services to the Customer’s organisation

Contract Manager means the Customer officer or nominated representative responsible for managing the Contract.

CRB means Criminal Records Bureau

CSC means the Commission for Social Care

Customer / Customers

means a Local Authority, School, College or other wider public sector body, such as the Police, Fire and Rescue Service or Registered Charity that is eligible to access the Services and has elected to do so through this Framework.

Customer Agreement

means the agreement entered into between the Customer and the Supplier (Managed Service Provider) for the provision of the Services to the Customer’s organisation

Dashboard means the system interface a Contract Manager is able to view that provides a summary of the information required as detailed in the Service Specification

DfE means the Department for Education (previously DCSF – Department for Children, School and Families)

ERG means the Efficiency Reform Group part of the Government’s Cabinet Office (previously known as the Office of Government Commerce - OGC).

ESPO means the Eastern Shires Purchasing Organisation (see www.espo.org)

ESPO Contract Manager

Means Gurvinder Kaur (see contact details on page 4) the representative of ESPO responsible for managing the Framework.

First Generation a Customer who has not previously appointed a Managed Service Provider for managing their temporary staffing needs (see Generation below)

Framework means the multiple supplier Framework established in accordance with Regulation 19 of the Public Contracts Regulations 2006 (and any subsequent amendment or re-enactment thereof) for Managed Service Providers of Temporary Agency Workers divided into Lots and sub-lots delivering the Services to Customers in accordance with the Service Specification

Generation means the position a Customer is in prior to using this Framework in respect of temporary resource provision

GSCC means the General Social Care Council

Hiring Manager means an officer of the Customer with the responsibility for hiring Temporary Agency Workers.

Hybrid means a service delivery model which combines some of the features of the traditional Master Vendor and Neutral Vendor models to offer what is often called a Hybrid Model

Implementation Plan

means the Implementation Plan agreed by the Customer and which forms part of the Customer Agreement

ISA means Independent Safeguarding Authority

ITT means the Invitation to Tender document issued by EPSO inviting tenders for inclusion within the Framework.

KPI means Key Performance Indicators which are quantifiable measurements, agreed to beforehand, that reflect the critical success factors of the contract

Lot means one of the sections into which the Framework is divided up in order to address the various requirements, each section being known as a lot

Management Information

means files, usage records, charging information, and such other management information, as the Supplier is obliged to retain for the information of ESPO or the Customer(s)

Managed Services means where one Managed Service Provider takes responsibility for delivering Services on behalf of the Customer, as an alternative to the Customer managing a framework of individual Agencies. Managed Services can often involve the Managed Service Provider operating a Tier(ed) structure of Agencies to deliver the Services

MSP means a Managed Service Provider delivering Services on a Managed Service basis

MSTAR means Managed Services for Temporary Agency Resources

NI means National Insurance contributions

OFSTED means Office for the Standard of Education

Pricing Schedule means the prices and rates provided by Suppliers (see Annex 3 )

Pro5 means a collaboration of the five main Professional Buying Organisations in the UK namely Central Buying Consortium, Eastern Shires Purchasing Organisation, North East Procurement Organisation, West Mercia Supplies, and Yorkshire Purchasing Organisation

PSL means a Preferred Supplier List that a Customer may operate prior to entering into a Contract with a Managed Service Provider

Resource Pool Management

means a Managed Service Provider which itself supplies a proportion of Temporary Agency Workers from within its pool of staff, with a second tier of Agencies operating under the same terms and conditions fulfilling bookings the Managed Service Provider cannot fill directly. For the Customer receiving the Services, this provision is seamless and the Customer contracts only with the Managed Service Provider (Resource Pool Manager) and not with the Agencies directly

Savings means the reduction in spend on the Services achieved by the Managed Service Provider on behalf of the Customer

Second Generation means a Customer who has been using a Managed Service Provider, but is only in their first contract for such a service (see Generation above)

Section means references to Sections of the ITT document. References to sections of any other documents shall be explicit.

Services means the Services as described in the Service Specification including optional extras should these be required

SLA means the Service Level Agreement included within the Customer Agreement.

SME means Small Medium Enterprise

Specification means a detailed description of the Services required by the Customers under this framework (see Annex 1 )

Sub-Lot means one of the further division into which Lots are sub-divided in order to allow for different service delivery models to be offered by the Tenderer

Supply Chain Management

means a Managed Service Provider who may not personally supply any Temporary Agency Workers but instead manages a supply chain, or tiers of Agencies to provide Temporary Agency Workers to fulfil bookings. For the Customer receiving the Services, the provision is seamless and the Customer contracts only with the supply chain manager and not with the Agencies directly

System means the Managed Service Provider’s system that enables requesting, accepting and hiring of Candidates offered by the Agency

Temporary Agency Worker

means a temporary (non-permanent) worker offered and provided on Assignment by an Agency to fulfil a specific role for a defined period of time in return for a Fee. The Temporary Agency Worker is not an employee of the Customer and will not be treated as if he/she is. The Temporary Agency Worker will complete a timesheet, signed by the Hiring Manager, which will be processed by the Agency and passed to the Managed Service Provider in order to invoice for the Agency Fee

Tenderer means an organisation submitting a tender to ESPO for inclusion on the Framework.

Term means the period of three (3) years from the Commencement Date

Tier means a structure which allows for Agencies to be ranked according to an objective methodology (e.g. balanced scorecards), and receive requests for Candidates accordingly

TUPE means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (and any subsequent amendment or re-enactment thereof)

User Guide means the User Guide produced by ESPO to assist Customers to use the Framework to meet their requirements for the Services in compliance with Regulation 19 of the Public Contracts Regulations 2006 (and any subsequent amendment or re-enactment thereof).

Wider Public Sector Body

means the wider public sector includes the Fire & Rescue Services, Polices Customers, and third sector bodies such as charities but excluding Central Government and Health.

WTD means the Working Time Directive

WTR means Working Time Regulations

2. Background & Benefits

2.1 Where did the MSTAR Framework come from?

Pro5

The Eastern Shires Purchasing Organisation (ESPO) is a local authority purchasing and distribution consortium, jointly operated by the county councils of Cambridgeshire, Leicestershire, Lincolnshire, Norfolk and Warwickshire and the unitary authorities of Leicester and Peterborough City Councils.

ESPO is also a member of the Pro5 group of Professional Buying Organisations (PBOs) which includes the Central Buying Consortium (CBC), West Mercia Supplies (WMS), the North East Procurement Organisation (NEPO) and the Yorkshire Purchasing Organisation (YPO).

For each key area, buyers in all five Professional Buying Organisations work together to undertake one market engagement, working in partnership together but with a ‘lead’ PBO being established in terms of the procurement process.

CBC, ESPO, NEPO, WMS and YPO agreed to work together as ‘Pro5’, recognising that local authorities are facing increasingly demanding efficiency and improvement agendas and have a requirement placed upon them to respond to these demands by providing more effective procurement solutions.

Local Government Professional Services Group (LGPSG )

The Local Government Professional Services Group (LGPSG) is a stakeholder group representing and supporting local authorities across England in delivering savings from the procurement of professional services.

The group is tasked with delivering measurable savings through the development of national toolkits and best practice coupled with a programme of regional implementation. The focus is on clear, practical solutions that work across local government and deliver identifiable and quantifiable benefits.

In more recent years, as far as temporary staffing is concerned, the Local Government sector has seen a substantial shift from the more traditional frameworks or PSLs (Preferred Supplier Lists) in operation to the use of a Managed Service Provider (MSP) to deliver their needs.

As a consequence of a baseline survey to review the usage of contractual arrangements for temporary staff, in 2010 the LGPSG commissioned Pro5 to establish a national Framework1 for Managed Service Providers of Temporary Agency Resources.

2.2 What do we mean by Managed Service Provision?

This type of service provision is where one Managed Service Provider takes responsibility for delivering Services on behalf of the Customer, as an alternative to the Customer managing a framework of individual Agencies. Managed Services can often involve the Managed Service Provider operating a Tier(ed) structure of Agencies to deliver the Services, dependent on the service model provided.

Service models can vary and commonly used terms include neutral vendor, master vendor, internal managed service and hybrid models.

1 In accordance with regulation 19 of The Public Contracts Regulations 2006

2.3 Why should I use a Managed Service Provider?

Organisations opt for managed services not just to reduce costs, but for:

• A single point of contact for the Hiring Manager and the Customer

• Streamlining of invoicing

• Structured management information and reporting – providing visibility of the temporary workforce and supporting wider initiatives such as demand management/ workforce planning

• Reduced and standardised rates of commission

• Accuracy and transparency of charges and savings

• Performance-based tiering of agencies to encourage service quality

• Audits of agencies – ensuring compliance around employment checks and supporting safeguarding

• Can support organisations in addressing the requirements of the Agency Worker Directive

• Adherence to safeguarding matters and consistent compliance

• Allowing access to a number of (tiered) agencies to ensure sufficient capacity exists

• A greater opportunity for ‘local’ and SME suppliers within the MSP supply chain.

2.4 What are the benefits of using the MSTAR Framew ork?

In establishing the MSTAR framework, the intention is that the Framework will;

• harness the opportunity to aggregate spend and procurement know-how to gain better value for money and improve cashable savings for the public sector

• minimise duplication of effort and time taken within the tendering process (for both customers and suppliers)

• build strategic relationships with suppliers to gain better value for money, to take out cost, improve performance and align them with the organisational priorities

Using the MSTAR framework can bring a number of benefits to Customers:

• Customers can either call off from the Framework, or re-open competition by running a further competition, removing the need for Customers to conduct full tender exercises or lengthy supplier evaluations, saving both the time and cost associated with procurement exercises.

• The established Framework is fully compliant with the Public Contracts Regulations 2006.

• Terms and conditions are already established to underpin the Framework; both the agreement between ESPO and the Suppliers, and the agreements between the Customers and the Suppliers.

• The Framework will be centrally managed and monitored by ESPO. In managing this contract on behalf of our Customers, your views and requirements will be taken into account whilst the Framework is monitored as well as when reviewing and developing the Framework

3. Framework Duration and Scope

3.1 Framework term

The Framework commenced on 11 April 2011 and will be in place for an initial period of three years, with the option to extend for up to a further year.

The individual contracts awarded by Customers under the Framework can run for the same period, regardless of the commencement date. For example, a Customer could enter into a Contract with one of the Suppliers under the Framework on 1 August 2013, and have an initial period of three years (taking them until 31 July 2016), and retain the option to extend for a further year.

3.2 Who can use the framework and what does it cove r?

The Framework is divided up into Lots with each Lot consisting of a small number of Suppliers (for more details please refer to Annex 3 ), allowing the Customers who choose to use the Framework to identify which Supplier is most suitable either by way of call off or further competition exercise (more detail is provided on this at Section 6 ).

The Framework is national in scope and has been established for use by the wider public sector (excluding Central Government and Health). ESPO is a Central Purchasing Body as defined by the EU Combined Procurement Directive 2004/18/EC and consequently, the Framework will be open to the entire wider public sector, including but not limited to, local government, educational establishments, the Police, Fire and Rescue Service and registered charities within the UK.

Academies and Free Schools are contracting authorities and as such they must comply with Public Procurement requirements. Academies and Free Schools are able to access public sector frameworks if the Framework is open to schools that are outside of Local Authority control, as is the case with the MSTAR framework.

Central Government and Health/NHS organisations are excluded from this arrangement, recognising that the Central Government sector may have very different requirements to these of the wider public sector. A solution for Central Government and Health may be established by means other than via Pro5 in the future.

Whilst this Framework is not primarily intended for Central Government or the NHS, its agencies or departments, PCTs may be eligible to access this Framework where the PCT is part of a collaborative or joint working arrangement with their Local Authority, where, in the absence of this permission, the Local Authority itself would be precluded from using the Framework; for example the LA and PCT may have elements of a shared service. In such circumstances the PCTs access to services under this Framework Agreement will be via their Local Authority partner.

The Framework is for Managed Service Provision and the specification defines the outputs that Customers expect any MSP to deliver. Historically there have been a number of different MSP delivery models including but not limited to those known as Master Vendor, Neutral Vendor and more recently, what is referred to as a Hybrid model. In inviting tenders, no one particular methodology was preferred and therefore it was intended that the Service Specification allowed for suppliers to put forward any model that meets the needs of the specification.

4. Establishing the Framework

4.1 Engagement and working groups

The Service Specification of requirements, the proposed structure for the Framework and the evaluation process (including criteria and weightings) were established by representative stakeholder groups.

The stakeholder groups included officers (both from Procurement and from HR) from a range of local authorities: County, Unitary and District Councils, London and Metropolitan Boroughs. The ERG Commercial Delivery Team (previously OGC) has participated in this project and the Department for Education has also played a key role in seeking input from education stakeholders. Representation from the RIEPs has also been provided, as has input from other members of ESPO and Pro5.

It is important to point out that the stakeholders’ current positions were all different; some had managed services already in operation either on a master, neutral or ‘hybrid’ basis (and some of those for a relatively long period of time). Others were interested in implementing a managed service but to date had not had the opportunity to do so.

A series of workshops were held with the stakeholders, and for those who wished to participate but had been unable to afford the time to attend in person, documentation was shared and input gained on an electronic (or virtual) basis.

Core requirements were established which describe the fundamental Services and deliverables that a Managed Service Provider must be able to provide. Specific details will need to be discussed and agreed prior to commencement of the Contract based on the particular needs of the Customer making use of the Framework. The core specification and structure for this Framework is therefore driven by the requirements of local government, education and wider public sector. The stakeholders have also been involved in the evaluation process to ensure that tenders received offer services which fully meet the sector’s needs.

4.2 Evaluation criteria

The procurement process adopted by ESPO was based upon the Open tendering procedure as detailed in the European Communities Combined Directive (2004/18/EC).

As there were a number of different lots and sub-lots, each sub-lot was evaluated separately to ensure tenders for the same sub-lot were assessed against each other.

The evaluation involved two stages, qualifying and award; those offers that met the qualifying criteria were then scored against the award criteria.

The qualifying criteria included assessment of the following; compliance of bid, financial standing, insurance levels, experience and references, quality, environmental and health & safety procedures, business continuity plans, compliance with contract regulations and compliance with the terms and conditions.

The award criteria were divided into two areas; service delivery and price and the specific weightings used were as follows:

Service Delivery: 40% Price 60%

The total service delivery score added to the price score gave the grand total of points and a position on the framework was awarded to the six highest scoring Suppliers in each of the sub-lots (see section 5 for further detail).

4.3 Price evaluation

The prices requested from Suppliers were for all elements of the service, including the Managed Service Provider Booking Fee, the Agency Fees, the proposed Temporary Agency Worker pay rates and guaranteed savings and gainshare. In addition to these quantitative items, a more qualitative assessment of the Tenderer’s proposals was undertaken, for example, in respect of the Tenderer’s proposals to reduce Agency’s Fees and to monitor, deliver and measure savings.

4.4 Pricing Information

The pricing information is contained within the Pricing file which is available on request from ESPO.

Temp to Temp, Temp to Perm and Introduction Fees

The Customer shall not pay any introduction fee to either the Managed Service Provider or any Agency in the supply chain should any Temporary Agency Worker secure employment with a Customer (including the post in which the Temporary Agency Worker is temporarily engaged) where the worker applies for a job in response to an advertised vacancy (either internally/externally advertised), and no such fee shall be invoiced to the Customer by the Managed Service Provider or Agency. The Customer will provide, on request, evidence of advertising arrangements to the Managed Service Provider or Agency.

In addition, and where applicable, neither the Managed Service Provider or any Agency shall make any charge whatsoever relating to Introduction or Referral Fees to the Customer in the event that an Temporary Agency Worker previously registered with an Agency (or the Managed Service Provider where the Managed Service Provider proposes to supply Temporary Agency Workers) goes on to secure a role (temporary or permanent) with the Customer, through another Agency (or Managed Service Provider) at a later point in time.

The Managed Service Provider will not charge any commission or other fee to the Customer in the event that employment is offered to a Temporary Agency Worker where the individual concerned has worked for the Customer for more than thirteen (13) weeks (whether continuous or not) in any twelve (12) month period. Where the Managed Service Provider is managing the vendors the Managed Service Provider shall make sure no Agencies raise any such charges either. This applies to Temporary Agency Workers required on a full-time, part-time or hourly basis.

Agency Worker Directive

It was a condition of the tender exercise that the Managed Service Provider will support Customers in addressing the requirements of the Temporary Agency Worker Directive and will provide a cost effective, legal method of managing this transition. The Managed Service Providers have proposed economic and innovative solutions to managing resources using the legislation to the Customer’s advantage.

Any agreement in terms of benchmarking pay rates and monitoring conditions in the local market shall take into account the provisions of the Temporary Agency Worker Directive and any other such relevant legislation which comes into effect.

5. Framework structure

5.1 Overview of lot and sub lot structure

The Framework is aimed at local government, education and wider public sector organisations, and therefore covers a range of different Customers.

It was recognised that Customers will have differing needs, and that there are different Suppliers within the marketplace, who can offer different operating models to best suit the environment of their Customers.

Consequently, the Framework is divided into three lots

Lot 1 Managed Service Provision for Corporate staff only i.e. for Local Authorities, Police, Fire & Rescue Service and charities (or a collaborative group of such organisations)

Lot 2 Managed Service Provision for Corporate and E ducation staff i.e. for Local Authorities who wish to establish a single solution for their organisation as well as their educational establishments

Lot 3 Managed Service Provision for Education staff only

• where a local authority wishes to identify a solution on behalf of their education establishments (independent from their other authority requirements) or

• where a group of educational establishments seek to access a solution, or

• where an individual educational establishment seeks to access a solution

Note: Corporate Staff means any roles reasonably required by any Local Authority or Wider Public Sector, or Third Sector organisation. Education staff means any roles reasonably required by any educational establishment.

The framework was further divided to allow for different types of service delivery model, allowing different commercial models to be accommodated. The sub-lots are;

a) Supply Chain Management

This sub-lot exists for Customers who wish to appoint a Managed Service Provider to manage a supply chain or multiple agencies. The Managed Service Provider will ensure that all agencies are signed up to and bound by the same, fair terms and conditions which will make them eligible to put forward candidates for the assignments as and when they arise. Depending on where agencies are within the tiered provision, this sub lot gives all agencies the same chance to put forward candidates. This sub-lot is commonly referred to in the marketplace as ‘neutral vendor’.

This model ensures that the solution to each requirement is objectively determined ensuring the best Candidates are sourced from the marketplace at all times.

Benefits of this model include: Drawbacks of this m odel include:

• one point of contact for managers

• streamlined processes

• expertise provided that is not available in-house

• ability to negotiate reduced margins with existing agencies

• may impact on relationships with existing suppliers by enforcing reduced charges

• some agencies may not wish to participate


• discovery phase will provide detailed information on agencies and staff employed

• performance management of agencies

• agencies are in a tiered quality system

• allows competition between agencies

• bespoke contract to address other needs of the Council (e.g. inclusion of SME’s)

• TUPE issues are minimal at the end of the contract as the vendor does not directly employ staff

• increased control through single point of contact

b) Resource Pool Management

This sub-lot exists to allow Customers who wish to appoint a Managed Service Provider to manage the Customer’s temporary supply pool. The MSP may, through whatever means, seek to generate a pool of staff from within their own organisation by which they fill vacancies, using additional agencies where necessary. In this sub-lot any agencies utilised are usually done so if the Managed Service Provider cannot fill a vacancy from within their own resource pool. This sub-lot is commonly referred to in the marketplace as ‘master vendor’.

This model means that the Supplier has the responsibility for the management of relationships with all other agencies, enabling the Customer to benefit from a simplified service, whilst retaining the breadth of supply from multiple sources.


• one point of contact for managers

• streamlined processes

• reduced unit cost to reflect the vendors share of the business

• single invoice per month if required

• performance management of agencies

• increased robustness of management information

• increased control through single point of contact

• better candidate matching

• reduced wastage/improved productivity

• standardisation of fees

• increased redeployment of temps

• master vendor is required to sub-contract with additional agencies to provide some staff but this can sometimes be difficult to manage given that they are not agency neutral

• candidates from the master vendor may be given priority

• limited number of agencies having expertise and capability to deliver full range of services

• reduced competition amongst agencies

• can a primarily single supply Supplier agency meet diverse business requirements

• may be less favourable to SMEs and local providers because the Master Vendor may provide the majority of staff, reducing the work available to these providers.

• potential reduction in local agency usage

• some agencies may not wish to participate

The Framework is therefore divided into six different sub-lots , as detailed in the table below:

1(a) Managed Service Provision for Corporate Staff only; Supply Chain Management

1(b) Managed Service Provision for Corporate Staff only; Resource Pool Management

2(a) Managed Service Provision for Corporate and Education staff; Supply Chain Management

2(b) Managed Service Provision for Corporate and Education staff; Resource Pool Management

3(a) Managed Service Provision for Education staff only; Supply Chain Management

3(b) Managed Service Provision for Education staff only; Resource Pool Management

Customers need to think carefully about which model described above will best suit their organisation’s specific needs.

5.2 Supplier matrix

Awarded suppliers for each sub-lot are shown in the matrix below and further details are provided at Annex 3.

1(a) 1(b) 2(a) 2(b) 3(a) 3(b)

Managed Service Provision for

Corporate Staff only

Managed Service

Provision for Corporate Staff

only

Managed Service

Provision for Corporate Staff and Education

staff


Corporate Staff and Education

staff

Managed Service

Provision for Education staff

only

Managed Service


only

SUPPLIERS Supply Chain Management






Adecco �* � �* � �*

Blue Arrow � �

Carlisle Managed Solutions � �

Comensura � � �

Hays � � � �

Kent Top Temps �

Manpower � � � � � �

Matrix SCM � � �

Pertemps � �

Randstad � �**

Reed � � � � � �

* Delivered by Beeline (an Adecco Group company)

** Delivered by Supreme Education (a Randstad Holding NV company)

6. Procuring from the Framework

6.1 Joining Process

The Framework can be used in a number of ways (in accordance with Regulation 19 of the Public Contracts Regulations 2006 and any subsequent amendment or re-enactment thereof) by ‘calling off’, or by re-opening competition and running a ‘further competition’ exercise amongst suppliers within the framework, lot and sub-lot.

Typically it is anticipated that Customers who have relatively straightforward requirements are likely to call off where they require the core service as detailed within the specification used to establish the Framework (see Annex 1 ). The prices tendered by Suppliers apply to any such call off. Where Customers have more complex requirements or are intending moving to a different service delivery methodology it is anticipated that a further competition may be required.

Guidance to the steps that would likely need to be followed are outlined below:

6.2 Calling off

The Customer can identify from within the framework which type of service is most suitable for their needs. The Customer will then identify the most suitable Supplier for provision of their Services making their selection on the basis of the pricing and/or other information published within this user guide. Customers may, if they wish, clarify further with the Supplier(s) the detail provided within this guide. Such clarification should be to aid their understanding of the service delivery and/or pricing offering. Customers should however note that if it is their intention to make a new assessment of Suppliers (for example, they wish to evaluate certain elements of the Supplier’s proposals, then it is likely to be more appropriate to run a further competition exercise (see 6.3 below).

It is important to note that in establishing the Framework, the awarded suppliers were not ‘ranked’ in any way and therefore Customers are not obliged to appoint a supplier on a ranked list basis. Supplier information is listed in this user guide in alphabetical order and this does not in any way reflect their positions in the final evaluations. Customers are therefore able to directly award via call off to any of the awarded suppliers in the lot and sub-lot they wish to use.

It is anticipated that the call off option will be used where a Customer has a requirement for a ‘core’ service’ i.e. the Service described in the Specification at Annex 1 .

Some advantages and disadvantages of calling off are identified as follows:

Advantages Disadvantages

Contracts may be entered into more quickly than when further competitions are conducted

Customers are not able to make significant additions to the core specification

No need to re-engage the market and subsequently evaluate suppliers again

Customers are not able to evaluate Suppliers further and therefore cannot make the service provision specific to their needs in terms of the weightings placed on the award criteria of service delivery and price

A specification doesn’t need to be written – the core MSTAR specification can be used

The likely stages that Customers are anticipated to take in calling off are outlined below:

Stage 1 – Involve internal stakeholders

Customers should seek to gain buy in from internal stakeholders on whom a move to a Managed Service Provider may have an effect, for example, Procurement, Finance, HR and Legal.

If the Customer has an internal procurement team then it is essential that this team is engaged prior to the Customer following any further steps outlined. In-house procurement teams can provide additional advice and guidance which will be helpful throughout the call off and further competition process.

In gaining buy in, Customers should develop a business case if such a report if required by their organisation and identify a senior responsible officer who would be able to sign off the decision to engage a Managed Service Provider.

Customers need to think about forming a project group including all the service managers of the areas affected to ensure responsibilities are understood as well as understanding what the processes are.

It is important to ensure that the relevant internal stakeholders are on board before the process is started and that agreement and backing of Management Team is obtained.

Stage 2 – Consider current arrangements and inform ESPO of intention to use the framework

If Customers have an existing Managed Service Provider in place, or (an) existing temporary staffing supplier(s), they will need to inform current supplier(s) of their intentions to use MSTAR.

Customers need to set a starting point to see how they are currently engaging temporary agency workers, identify areas that work well and areas that can be improved upon including, but not limited to, rates, references, CRB checks, how many agencies are being used etc.

It would be helpful for this information to be obtained from all agencies in respect of agency staff from all departments; names, pay rates, agency, length of service etc. This information often differs from the information held by HR so it is important that other departments are also engaged for this information.

A signed Access Agreement (as at Annex 4 ) needs to be completed and sent to ESPO for counter-signature. This enables ESPO to be are aware of the Customer’s intention to use the framework and enables ESPO to manage demand effectively. Customers can also use this Access Agreement for audit purposes to evidence that they are accessing an OJEU-compliant Framework.

Stage 3 - Consider timescales

If there is a current arrangement in place, the expiration date of this contract needs to be considered as well as the extension options that are available to the Customer.

Customers need to be practical about the date they are aiming to be live with MSTAR and the date that they must be live with MSTAR, and subsequently allow themselves enough time to enable calling off.

Stage 4 – Decide which Lot to call off

As explained earlier in the document, the lots are; Corporate, Corporate & Education and Education only. As previously described these Lots are each further divided into two sub-lots (a) Supply Chain Management and (b) Resource Pool Management. Customers should decide the lot to use depending on which types of temporary agency workers are required and who will be using them.

In terms of deciding which sub-lot to use, this depends on the Customer organisation’s overall objectives of utilising a Managed Service Provider and some guidance is provided at section 5.

Alternatively Customers can mini-compete over the entire Lot, inviting awarded Suppliers on both sub lots to put forward their service delivery proposals.

Stage 5 – Calling off

If the core specification meets the needs of the Customer’s organisation then the Customer can award directly to a Supplier based on the pricing.

Stage 6 – Internal planning

In order to manage the MSTAR contract effectively and depending on the size of the customer and the method of usage adopted, an internal project team may need establishing to manage the implementation and subsequent contract management of the Contract.

Customers also need to have collated data on current agency staff spend, broken down by supplier, spend and volumes of assignments to provide to the Supplier they appoint so that the Supplier can manage the Customer’s expectations.

Stage 7 – Secure internal agreement

Internal sign off will need to be gained by the Customer prior to utilising the MSTAR framework.

Stage 8 – Gather and sign relevant documentation

The Customer and appointed Supplier need to sign the Customer Agreement (Annex 5 ) prior to commencement of the Contract, ensuring that any local variations to the specification are detailed and agreed here.

Stage 9 – Implementation

Prior to implementation Customers should consider the following;

• Liaise with Section heads and stakeholders before implementation to tell them what is expected of them

• Appoint an officer to run the Contract after go live. The fundamental delivery objectives for the Customer will help to determine whether the Contract should sit in HR or Procurement

• Ensure all staff, timesheet approvers and Hiring Mangers who use the system are trained before the go live date

• Go live completely on a set date

Where a Customer has some specific needs or wishes to include additional or optional services, or requires a different variation of the service delivery or pricing model then there is the option for the Customer to use the alternative route as described below;

6.3 Further competition

Customers can conduct a ‘mini-tender’ exercise amongst those suppliers identified within a specific Lot or sub-lots of the Framework as being capable of supplying the services they require. A further competition exercise can be as simple or complex as is appropriate for the Customer’s requirements. For example, a Customer may simply want to provide a clear picture of their specific requirements to the Suppliers asking for a fairly succinct overview of the service delivery model as appropriate to their requirements plus specific pricing. In contrast where the requirement is more complex, perhaps because the Customer has unusual in-house operational processes or perhaps because they wish to engage a Supplier to deliver services to a collaborative group, Customers may wish to ask a series of questions regarding the Supplier’s proposed approach and seek revised pricing information accordingly.

Regardless of the complexity the Customer feels is appropriate, the further competition is run by inviting all successful Suppliers to complete a further competition tender document which is created by the Customer and for which a template is available from ESPO upon request. Tender responses are then evaluated by officers at the Customer’s organisation using the same, or broadly similar, criteria as used to establish the Framework (60% price, 40% service delivery – NB weightings can be varied).

Customers may choose to run a further competition from within a sub-lot, or if the Customer is unsure which type of solution best suits their needs, then the right is reserved for them to run a further competition within the entire lot itself i.e. within lot 1, 2, or 3, without having to distinguish between sub-lots. This will ensure Customer’s compliance with the requirements of Regulation 19 of the UK Contract Regulations 2006.

In inviting suppliers to compete further, Customers must ensure all Suppliers within the relevant lot or sub-lot that the Customer has identified best suits their needs, are invited to tender.

Customers will be required to use the same or broadly similar criteria as outlined in the original invitation to tender, or more precisely defined as outlined in the further competition tender. To evaluate any tenders submitted in response to a further competition, the Customer will be entitled to vary the weightings to suit their particular circumstances. For example, the overall service delivery and price criteria need to be used however the weightings of these can be changed to reflect the needs of the Customer organisation.

As explained at point 4.2, the ‘qualifying criteria’ have already been evaluated in establishing this Framework therefore this element does not need to be revisited at this further competition stage.

Some advantages and disadvantages of further competitions are identified as follows:

Advantages Disadvantages

Can add to the core MSTAR specification if Customer has varying requirements, for example if TUPE is applicable

Timing needs to be taken into account – this will largely depend on how organised Customers are internally in terms of getting a specification and invitation to tender document ready that accurately and adequately meets their specific needs

Customers who have never had an MSP to provide services and who may only have a limited understanding can invite tenders to ensure that the Suppliers propose a solution specific to their needs

Only need to evaluate Suppliers on their service delivery and price – qualifying criteria have already been evaluated

Weightings can be varied to reflect the Customer’s particular circumstances

Enables the Customer organisation to undertake a procurement process with colleagues from within the organisation participating in the process – achieving buy-in

The likely stages that Customers are anticipated to take in further competing are outlined below:

Stage 1 – Involve internal stakeholders

Customers should seek to gain buy in from internal stakeholders on whom a move to a Managed Service Provider may have an effect, for example, Procurement, Finance, HR and Legal.

If the Customer has an internal Procurement team then it is essential that this team should be engaged prior to the Customer following any further steps outlined. In-house Procurement teams can provide additional advice and guidance which will be helpful throughout the call off and further competition process.

In gaining buy in, Customers should develop a business case if such a report if required by their organisation and identify a senior responsible officer who would be able to sign off the decision to engage a Managed Service Provider.

Customers need to think about forming a project group including all the service managers of the areas affected to ensure responsibilities are understood as well as understanding the processes involved.

It is important to ensure that the relevant internal stakeholders are on board before the process is started and that agreement and backing of Management Team is obtained.

Stage 2 – Consider current arrangements and inform ESPO of intention to use the framework

If Customers have an existing Managed Service Provider in place, they will need to inform current supplier(s) of their intentions to use MSTAR.

Customers need to set a starting point to see how they are currently engaging temporary agency workers, identify areas that work well and areas that can be improved upon including, but not limited to, rates, references, CRB checks, how many agencies are being used etc.

It would be helpful for this information to be obtained from all agencies in respect of agency staff from all departments; names, pay rates, agency, length of service etc. This information often differs from the information held by HR so it is important that other departments are also engaged for this information.

A signed Access Agreement (as at Annex 4 ) needs to be completed and sent to ESPO for counter-signature. This is so that ESPO are aware of the Customer’s intention to use the framework and can manage demand effectively. Customers can also use this Access Agreement for audit purposes to evidence that they are accessing an OJEU-compliant Framework.

Stage 3 - Consider timescales

If there is a current arrangement in place, the expiration date of this contract needs to be considered as well as the extension options that are available to the Customer.

Customers need to be clear and realistic about the timescales they are going to be working to, particularly where they are envisaging running a further competition. Customers need to be practical about the date they are aiming to be live with MSTAR and the date they must be live with MSTAR, and subsequently allow themselves enough time to run the further competition.

Stage 4 – Decide which Lot to call off / further co mpete under

As explained earlier in the document, the framework lots are; Corporate staff, Corporate & Education staff and Education staff only. Customers should decide the lot to use depending on which types of temporary agency workers are required and who will be using them.

In terms of deciding which sub-lot to use, this depends on the Customer organisation’s overall objectives of utilising a Managed Service Provider and some guidance is provided at section 5.

Alternatively Customers can mini-compete over the entire Lot, inviting awarded Suppliers on both sub lots to put forward their service delivery proposals.

Stage 5 – Further competitions

If the Customer’s requirements vary significantly from the core specification and/or the Customer has additional requirements such as provision of TUPE or added value/optional requirements as outlined at point 12.4 and 12.5 of the specification, then a further competition exercise should be conducted.

Stage 6 – Internal planning

In order to manage the MSTAR contract effectively and depending on the size of the customer and the method of usage adopted, an internal project team may need establishing to manage the implementation and subsequent contract management of the Contract.

Customers also need to have collated data on current agency staff spend, broken down by supplier, spend and volumes of assignments to provide to the Suppliers in the specification, in order that Suppliers can put forward a fully informed bid.

Stage 7 – Gather documentation

An invitation to tender will need to be written, including a specification and additional questions to be asked in terms of service delivery that are specific to the Customer.

Stage 8 – Secure internal agreement and sign docume ntation

Internal sign off by the SRO will need to be gained prior to utilising the MSTAR framework and the Customer and appointed Supplier will need to sign the Customer Agreement (as at Annex 4 ) prior to commencement of the Contract, ensuring that any specific requirements stated in the further competition document are detailed here.

Stage 9 – Implementation

Prior to implementation Customers should consider the following;

• Liaise with Section heads and stakeholders before implementation to tell them what is expected of them

• Appoint an officer to run the Contract after go live. The fundamental delivery objectives for the Customer will help to determine whether the Contract should sit in HR or Procurement

• Ensure all staff, timesheet approvers and Hiring Mangers who use the system are trained before the go live date

• Go live completely on a set date

7. Contract Management

7.1 Governance

ESPO will be overseeing and managing the MSTAR framework on a national level with an overarching view of areas such as; usage, Supplier performance, Customer satisfaction and issues.

Regional representatives may form groups to provide a regional management level on a common Supplier basis. Individual Contracts will be managed directly between the Customer and their appointed Supplier.

The diagram below helps to illustrate what the overall governance will look like:

MSTAR Contract Management Model

7.2 Roles & Responsibilities

7.2.1 Individual Customers

Each Customer will be responsible for the management of their own individual Contract with the Supplier. Examples of such contract / performance management includes but is not limited to; queries to do with assignments, invoicing and payment, management information that is specific to the Customer, issues with the system, general service provision and monitoring and reporting.

As stated in the agreement between the Customer and the Supplier (see Annex 5 ) the Managed Service Provider will be proactive when managing the Contract. This includes dealing with and resolving complaints, slippages in performance or service standards, identifying and presenting opportunities to secure additional savings and building and working with Agencies to maintain a wide and diverse Candidate pool. This list is not exhaustive and the Supplier is expected to be proactive throughout the duration of the Contract.

The Managed Service Provider shall also be proactive in raising with the Customer’s Contract Manager any opportunities and / or issues (potential or actual) that are affecting or may affect the above.

Customers will participate in regular face-to-face contract review meetings with the Supplier’s Contract Manager at the Customer’s premises, with attendance at such reviews being by suitably senior personnel. Initially, during and immediately after Implementation this shall be at least monthly (or more frequently if required) and thereafter quarterly or six (6) monthly, to be agreed with the Contract Manager - attendance at regular review meetings is essential and will be at no cost to the Customer.

Customers reserve the right to request additional meetings where necessary to address any matters arising in between the review meetings. Such requests shall not be made unreasonably and again will be at no cost to the Customer.

Customers may also be asked to attend overarching contract review meetings as organised by ESPO from time to time.

In summary, Customers should manage locally any performance issues or continuous improvement actions and to escalate to ESPO only those matters that frustrate the local arrangements.

7.2.2 Regional Panel

Customers may wish to form a regional panel and ESPO will help to facilitate this in terms of sharing contact details of Customers using the Framework. This panel will likely be made up of representatives of the Customer who are using the same Supplier.

This panel will look to oversee local variations in the Framework and the advice / information being provided to them by the Managed Service Provider in respect of pay rates and conditions in the local and sub-regional market.

7.2.3 ESPO

ESPO’s role in performance management will be on a national basis which will include overviews of the performance of all awarded Suppliers on the Framework and data on Customers that are using the Framework. This means management information will be supplied to ESPO by each Supplier and the Customers with whom they have Contracts, enabling ESPO to manage the Framework itself at a strategic level.

As ESPO have established the Framework on behalf of the Customer(s), ESPO will conduct quarterly review meetings with the Suppliers, addressing any strategic issues arising across all Customers. If Customers need to raise any issues with ESPO then they should advise their own Contract Manager who will make contact with ESPO accordingly (as per the contact details of page 6 )

The diagram below helps to illustrate the levels of Contract management and the organisations involved:

ANNEX 1 – CORE SPECIFICATION

In general terms all Customers want a similar service delivered in respect of a Managed Service for the provision of Temporary Agency Workers. However, as this is a national framework available for use by a range of Customers (County, Unitary, Metropolitan, and District Council Customers as well as educational establishments and wider public sector bodies such as Fire & Rescue Services, Police and Third Sector groups such as charities) Suppliers must recognise that the Customers may have some differing needs in service delivery, and therefore will need to offer a degree of flexibility and tailoring.

Core requirements have been established which describe the fundamental Services and deliverables that a Managed Service Provider must be able to provide. Specific details will need to be discussed and agreed prior to commencement of the Contract based on the particular needs of the Customer making use of the Framework.

Suppliers were invited to put forward any model that meets the needs of the specification below.

There are a small number of added value and optional extra services which Customers may choose to receive and these are also described at points 12.14 and 12.15 .

Core Requirements

The following service requirements are core for all Customers:

12.1 GENERAL REQUIREMENTS

12.1.1 The Managed Service Provider must be able to source and manage the effective provision of Temporary Agency Workers across the Customer organisation.

12.1.2 The Managed Service Provider must be able to supply Temporary Agency Workers themselves or through Agencies:

12.1.2.1 for all Assignments; this will be up to 24 hours a day, seven days a week, 365 days a year (dependant upon the type of Temporary Agency Worker required)

12.1.2.2 in all skill sets required across the entire Customer organisation (a list giving a broad overview is enclosed at Appendix 2 of this Invitation to Tender)

12.1.2.3 in a timely manner i.e. in accordance with the timescales set out in the SLA (see Schedule 6 of the Customer Agreement in Section 16 or as otherwise for individual service delivery or Assignments

12.1.3 The Managed Service Provider should fill the vacancy with the Candidate that most closely meets the job description and person specification (or equivalent) as provided by the Hiring Manager with any adjustments made to make it a free and fair process.

12.1.4 The Managed Service Provider must deliver a service which meets the needs of the Customers to which they supply Services as described above; these may include county, unitary, metropolitan borough or district Council Customers and wider public sector bodies and third sector groups.

12.1.5 In doing this the Managed Service Provider must deliver, to the Customer, Services which meet the needs of the various parties within the Customer organisation e.g. the HR department, the procurement team, and the Hiring Managers.

12.1.6 The Managed Service Provider is required to ensure that their staff provide Temporary Agency Workers with access to work in a fair and non-discriminatory manner

12.1.7 The Managed Service Provider must deliver a service which represents and continues to represent excellent value for money in light of current pressures on spending that exist within the public sector.

12.1.8 Regardless of the service model proposed, the Managed Service Provider must establish a process of year-on-year improvement, by setting measurement tools at the beginning of each year of the Contract. The Managed Service Provider shall be mindful of future developments and ensure that any service offering will be able to be further developed to meet future requirements as required, which will be measured against the relevant year’s baseline.

12.1.9 Service delivery proposals offered must include direct cost savings that are delivered transparently on a year-on-year basis as well as indirect cost savings to be achieved through process efficiencies amongst other efficiencies. Savings should be calculated on a 2009 / 2010 baseline initially (or other appropriately current basis) and reviewed and re-set at the end of each year.

12.2 RECRUITMENT AND MANAGEMENT OF AGENCIES

12.2.1 Recognising that the service delivery model proposed will vary, where the Managed Service Provider is using Agencies to provide Temporary Agency Workers to fulfil Assignments, the Managed Service Provider shall be the interface for all new and existing Agencies wishing to supply Temporary Agency Workers to the Customer. The Managed Service Provider should actively source (and work with Agencies to ensure provision of) an accessible pool of Candidates to meet the Customer’s needs.

12.2.2 Where applicable, the Managed Service Provider shall operate a structure of one or more Tiers of Agencies for the Customer. Where a tiering structure is offered, the Managed Service Provider should have the capability and capacity to vary the tiering structure dependent upon the structure and needs of the Customer, including but not limited to varying the Agencies and tiering across different categories of staff and the numbers of Agencies in the various Tiers.

12.2.3 Where a tiering structure is in place, the Customer and the Managed Service Provider shall agree which Agencies shall be placed and retained in which Tier, based upon Key Performance Indicators (KPIs) agreed with the Managed Service Provider.

12.2.4 The Customer reserves the right to add, keep or remove an Agency from the Tiers where such a structure is offered, and to specify the numbers of Agencies required for particular skill sets.

12.2.5 If the Managed Service Provider also wishes to be a supplier of Temporary Agency Workers they may with the agreement of the Customer be appropriately included in the Tiers and shall also be tiered, reviewed and managed based on their performance. Where the Customer wishes the Managed Service Provider to compete on an equal basis with all other Agencies (all having an equal opportunity to supply), the Managed Service Provider will be required to demonstrate full neutrality of provision in this event.

12.2.6 The Managed Service Provider must operate formal processes for:

12.2.6.1 procuring, managing , reviewing performance and refreshing tiering of tiered Agencies (where tiers are in operation)

12.2.6.2 delivering Services against service level agreements and measuring performance

12.2.6.3 reviewing, negotiating and agreeing Agency margins

12.2.7 Where Agencies are used, the Managed Service Provider shall be responsible for ensuring all Agencies utilised meet the required standards and policies of the Customer. The Managed Service Provider shall vet potential Agencies, both in terms of business and financial suitability when signing them up to supply Services through the Managed Service Provider. The Managed Service Provider shall re-assess Agencies on an annual basis and at the individual request of the Customer.

12.2.8 Where Agencies are used, the Managed Service Provider shall be responsible for carrying out quarterly audits and/or spot checks when specified by the Customer on Agency compliance with both legislative requirements and contract compliance and report to the Customer any anomalies in the form of an exception report. For some categories these audits and / or spot checks may be required more regularly, for example, the social care arena. The Managed Service Provider shall operate a

process for addressing different levels of anomalies, including implementation of a plan to address the issues, and suspension from use for serious breaches. Where an anomaly is sufficiently serious to cause suspension, the Customer shall be notified immediately.

12.2.9 The Managed Service Provider shall have arrangements in place to ensure that they and Agencies, where applicable, understand and recognise their obligations under the Framework and work with the Managed Service Provider to fulfil the Contract requirements.

12.2.9.1 The Managed Service Provider shall operate a documented process for managing and working with the Agencies so that they can work together to fulfil the Contract requirements.

12.2.9.2 The Managed Service Provider shall carry out quarterly reviews of Agency performance in relation to the KPIs and performance levels agreed with the Customer and provide the outcome and details of such reviews to the Contract Manager, where required/requested (this shall be agreed in detail when defining the Service Level Agreement).

12.2.9.3 The Managed Service Provider shall ensure that any feedback received from the Customer is shared with the Agency supplying the Temporary Agency Worker so that the Agency can learn from feedback given and act upon it. The Managed Service Provider shall also seek feedback from Agencies to identify issues with the Managed Service Provider and / or the Customer that are affecting Services or provide opportunities for savings.

12.2.9.4 The Managed Service Provider is responsible for supplying regular updates and feedback to Agencies within the Tiers about the Customer so that Agencies can understand and aim to meet the needs of the Customer. For example this may include providing information on numbers and types of Temporary Agency Workers required, known peak requirements and known specific skill sets, in order that Agencies can seek to have the right calibre and skill sets of staff available for the Customer when they are needed.

12.2.9.5 Any failures by the Managed Service Provider and the Agencies in their performance shall be addressed immediately by the Managed Service Provider and to the satisfaction of the Customer. At no time will the Customer accept liability for poor performance by any Agency and the Managed Service Provider will be solely responsible for the resolution of the Customer’s complaints to the Customer’s satisfaction. Agencies may be suspended on a temporary or permanent basis if they fail to comply with performance and audit requirements.

12.2.9.6 The Managed Service Provider will provide Agencies with an appropriate means of contacting them, whether to register interest in supplying Temporary Agency Workers or to raise queries and resolve issues. Such means of contact shall be by telephone and/or email and where charges apply, these shall not be charged at premium rates.

12.2.9.7 The Managed Service Provider must have an adequate complaints procedure in place for any complaints from Agencies. The Contract Manager shall be promptly informed of complaints and the Managed Service Provider’s mechanisms for resolution, a summary of which must be provided as part of the performance review process.

12.2.9.8 In the interest of equal treatment and objectivity, all Agencies shall be engaged on the same terms and conditions of supply. Exceptions to this are to be agreed by the Managed Service Provider with the Contract Manager at the discretion of the Customer. The terms and conditions between the Agencies and the Managed Service Provider shall be no less favourable than those afforded to the Managed Service Provider under the framework (except in relation to charge rates which may vary dependent upon the Managed Service Provider’s service delivery model).

12.2.9.9 It is recognised that there may need to be some operational variation of the terms and conditions of supply due to the nature of the Temporary Agency Worker, i.e. self

employed individuals and those provided via an Agency, but the Managed Service Provider needs to ensure that materially the agreements are consistent and fair in their approach

12.2.10 Where Agencies are used, the Managed Service Provider shall, at the request of the Customer, arrange or support the arrangement of a ‘meet the buyer’ session to enable Agencies to hear from and raise questions with the Customer directly.

12.2.11 The government recognises the invaluable contribution of SMEs to the economy and has made a commitment to “promote small business procurement, in particular by introducing an aspiration that 25% of government contracts should be awarded to small and medium size businesses and by publishing government tenders in full online and free of charge”. The Coalition: our programme for government May 2010 (http://www.cabinetoffice.gov.uk/media/409088/pfg_coalition.pdf). Where the client so wishes, the Managed Service Provider shall advertise supply chain and/or resource pool opportunities to ensure fair and open competition through services for example (but not limited to) websites like the Contracts Finder (a free online ‘one-stop shop’ to search for and receive email alerts on suitable central and wider public sector low value government contracting opportunities.

12.2.12 The Managed Service Provider shall ensure that Temporary Agency Workers are given access to Assignments in a fair and non-discriminatory manner and shall require any Agencies supplying Temporary Agency Workers to do the same. The Managed Service Provider shall monitor quality and seek to actively implement quality into their own working practices, and encourage Agencies to the same.

12.3 ORDERING OF TEMPORARY AGENCY WORKERS

12.3.1 The Managed Service Provider shall have the facility for Hiring Managers to request a Temporary Agency Worker via a variety of channels (i.e. via email, telephone, or through an electronic booking system) and in a manner which is instantaneous. The Customer shall define the preferred method(s) of format(s) prior to the commencement of the Contract.

12.3.2 The Managed Service Provider shall ensure that sufficient information is collected at the time of the Hiring Manager’s request to enable the correct skill set, experience level and grade (appropriately skilled and experienced for the role and available and willing to accept the relevant pay rate) of Temporary Agency Worker (appropriately skilled and experienced for the role and available and willing to accept the relevant pay rate) to be supplied and for the specified management information to be collected and provided.

12.3.3 A booking service is required 24 hours a day, seven days a week; staffed inside service hours, automated outside of the service hours

12.3.4 The Managed Service Provider shall also have available a telephone and fax booking system for the supply of Temporary Agency Workers for Customer locations without internet access.

12.3.5 The Managed Service Provider’s response team shall be staffed by personnel that are suitably trained and experienced in the system being used, between the service hours of 7.30am and 5.30pm. Monday to Friday.

12.3.6 Outside of 7.30am and 5.30pm the Managed Service Provider shall have available suitable on call or out of hours arrangements to ensure that a Service is provided 24 hours a day, seven days a week. Ideally this should be the same or as similar as possible to the service received during normal hours.

12.3.7 A telephone booking system shall also be available for booking requests made outside regular office hours (to be followed up by electronic or faxed confirmation), such a system should not be via a premium rate telephone number

12.3.8 The Managed Service Provider shall have the facility to operate an electronic timesheet process to support invoicing. The Managed Service Provider will manage timesheets to ensure:

12.3.8.1 Temporary Agency Workers, Agencies shall complete and submit a timesheet to the relevant Hiring Manager for authorisation before it is returned to the Managed Service Provider via the Agency.

12.3.8.2 For locations without access to the internet the Managed Service Provider shall have the facility for either a paper timesheet to be used by the Temporary Agency Worker or to log the timesheet on behalf of the Temporary Agency Worker. All paper timesheets shall have a unique identifier.

12.3.8.3 Auto-approval of timesheets must only be used at the request of the Contract Manager.

12.4 PROVISION OF TEMPORARY AGENCY WORKERS

SCOPE OF TEMPORARY AGENCY WORKERS

12.4.1 A wide range of Temporary Agency Workers are required and the Managed Service Provider must be able to supply all Temporary Agency Workers as needed by the Customer (relevant to the sub-lot for which the Tenderer is bidding). The following list describes the spectrum of the roles included, but Tenderers should note that this list is not exhaustive and other categories of staff outside of this list may be also be required, therefore the list may be revised to include additional roles added during the duration of the Framework. The precise scope to be covered shall be defined by the Customer organisation entering into a Customer Agreement with the Managed Service Provider.

Clerical Admin, Customer Service, PA, Secretarial

Manual Labour Catering, Cleaning, and General Labour

Professional & Technical Audit & Regulatory, Revenues & Benefits, Communication & Marketing, Community Support, Construction & Building, Finance, Housing, HR, IT, Management & Executive, Mechanical & Engineering, Project & Regeneration, and Transport & Planning

Social Care Qualified and Unqualified Social Workers and Social Care Workers for Adults and Children including Nursery and Youth Workers

Trades & Operatives Driving and General Trades

Educational Supply Teachers, Cover Supervisors, Clerical, Teaching & Classroom Assistants, Midday Supervisors, Caretakers, Invigilators, Business Managers and School Bursars

12.4.2 A more detailed list within each of the above categories is included at Appendix 2 of this Invitation to Tender document. It is inappropriate to include Job Descriptions and Person Specifications at this stage given the job variation amongst potential Customers. Sample Job Descriptions and Person Specifications will either be confirmed at the point where the Customer calls off from the framework, or where Customers undertake a further competition exercise under the framework, they will be included for each of these categories in the invitation to tender document.

12.4.3 Where the Customer has not previously engaged a Managed Service Provider, it is anticipated that the Managed Service Provider will audit the Customer’s current Temporary Agency Worker requirements prior to implementation, taking into account TUPE implications where applicable. Where Managed Service Provision is currently in operation, the Customer where possible / available, shall supply the Managed Services provision with the relevant historical data prior to implementation of the Contract.

12.4.4 Where the Customer has not previously engaged a Managed Service Provider, the Managed Service Provider will adopt the Customer’s existing supply chain so that those Agencies can still submit

candidates for roles that the Customer requests, subject to agreement with the Agencies concerned. In the event that the Managed Service Provider considers that an Agency from the Customer’s existing supply chain does not or is unable to meet the requirements of the Contract or refuses to accept the terms and conditions of the Managed Service Provider for appointing Agencies then the Managed Service Provider shall seek agreement from the Customer to remove such an Agency from the supply chain.

REQUESTS FOR TEMPORARY AGENCY WORKERS

12.4.5 A list of all Authorised Users of the Service will be agreed by each Customer with the Managed Service Provider prior to commencement of the Contract. This authorisation list must be strictly adhered to when processing requests for temporary staff. The Customer will be able to add to and remove people from the list during the course of the Contract.

12.4.6 The type and grade of Temporary Agency Worker required will be detailed by the Hiring Manager. If Temporary Agency Workers of a higher grade are provided, payment will only be made as per the grade requested.

12.4.7 The Hiring Manager will specify whether they require a number of CVs to be submitted or whether a suitable candidate should be selected by the Managed Service Provider. The number of CVs to be submitted may be dictated by the Hiring Manager.

12.4.8 The Hiring Manager will specify the timescales in which they require responses to their request.

12.4.9 The Managed Service Provider is required to update the Hiring Manager on the progress in meeting their requirements and on outstanding orders.

12.4.10 All requests for Temporary Agency Workers will go via the Managed Service Provider and the Managed Service Provider shall ensure Agencies are aware that they must not send speculative emails to or make unsolicited calls to Customers.

PROVISION OF CANDIDATES

12.4.11 The Managed Service Provider shall consistently provide Customers with high quality Temporary Agency Workers that have the right mix of skills, experience and qualifications as required and specified by the Hiring Manager, and have undergone the relevant safeguarding checks. Temporary Agency Workers supplied into Education establishments must have Child Protection Level 1 training that has been approved by the Safeguarding Board. Evidence of this training must be provided to the Hiring Manager when the Temporary Agency Worker commences the Assignment.

12.4.12 The Managed Service Provider must ensure that they and Agencies provide Temporary Agency Workers that are at all times competent, punctual and appropriately trained as well as meet the requirements of inspection bodies such as the Office for the Standard of Education (OFSTED) and the Commission for Social Care (CSC).

12.4.13 The Managed Service Provider must ensure that all CVs or person specifications submitted by themselves and Agencies are anonymised / unbranded so that Hiring Managers cannot identify the Agency that is putting the Candidate forward. Customers would ideally like to be able to specify a standard format for such CVs to enable easy comparison to be made by the Hiring Manager.

12.4.14 Temporary Agency Workers provided in response to a request shall meet any Departmental or Service specific standards of the Customer. The Managed Service Provider will be responsible for ensuring they and all Agencies provide such details to the Temporary Agency Worker in advance of their assignment. Details of these will be made available to the Managed Service Provider at the implementation stage although the Customer may update these standard requirements from time to time in line with, for example, changes to legislation, addition of new services, re-structuring of the Customer organisation, unfilled requests for Temporary Agency Workers. The Contract Manager shall communicate such changes to the Managed Service Provider.

12.4.15 CVs or person specifications provided by the Managed Service Provider to the Hiring Manager should be sufficiently well detailed and fully aligned with the Hiring Manager’s requirement to enable him to make an informed decision about which Temporary Agency Worker to hire.

12.4.16 The Managed Service Provider must recognise that there may be circumstances where a Temporary Agency Worker is required at very short notice or to fill an Assignment in an emergency. Ideally the Service will be able to accommodate such requests without simply relying on populating the system retrospectively after the request occurs.

12.4.17 The Managed Service Provider is required to ensure that they and all Agencies are fully informed and understand the individual needs of the Customer to which they are supplying Temporary Agency Workers.

SELECTION AND REJECTION OF CANDIDATES

12.4.18 The Managed Service Provider shall ensure that at least two references from previous employers are sought. One must be from the most recent previous employer. References should be verified as being genuine. The Managed Service Provider will be required to seek references in accordance with the Customers standard practices for employees.

12.4.19 The Customer, where it deems it necessary, may wish to interview one or more Temporary Agency Workers prior to an Assignment and may wish to do this on a face-to-face basis. In order for educational establishments to comply with the DfE’s Safeguarding Children and Safer Recruitment in Education policy a face to face interview must be undertaken.

12.4.20 The Managed Service Provider shall on request arrange interviews with selected Candidates.

12.4.21 The Customer shall reserve the right to reject Candidates as unsuitable. Feedback shall be provided by the Hiring Manager as to the reasons for rejection which shall be passed onto the Agency for their information and review.

INDUCTION AND PERFORMANCE

12.4.22 The Managed Service Provider shall ensure that Temporary Agency Workers are given clear instructions in advance of their Assignment in relation to the following:

• Geographical location of the place of Assignment

• Customer department location

• When to report

• Who to report to

• The nature of the Assignment

• Working hours (including provision for breaks) and potential duration of the assignment

• Dress Code and any uniforms including Personal Protective Equipment (PPE) required

• Any additional matters e.g. provision for parking, reimbursement of expenses

• Any Customer specific policies in place that are relevant to the role

• How to submit timesheets

• Code of conduct

• Confidentiality

• Access to work adjustments

• Data protection

• Health and Safety

• Any documents to be provided to the Hiring Manager on commencement of the Assignment

12.4.23 The Managed Service Provider shall ensure that Hiring Managers are given clear instructions of any specific requirements the Temporary Agency Worker may have e.g. equipment required for them to perform their duties effectively, in advance of the commencement of the Assignment. It is a priority for Government to move people off invalidity benefit into employment and therefore the Customers are required to make reasonable adjustments to enable disabled Temporary Agency Workers to access their Assignments, and the Managed Service Provider is expected to assist the Customer to achieve these aims.

12.4.24 Temporary Agency Workers on Assignment to the Customer shall work under the supervision, direction and control of the Customer’s officers.

12.4.25 The Managed Service Provider must ensure that all Temporary Agency Workers are given an induction pack in advance of their first day or shift. This should cover code of conduct, confidentiality, internet and telephone policies, complaints procedures, and act as a checking mechanism over pay rates and (if applicable) tiered supply services and introduce the relationship between customer, Managed Service Provider, Agency and Temporary Agency Worker.

12.4.26 The Managed Service Provider undertakes to ensure that all Temporary Agency Workers are completely aware that at no time will the Customer class a Temporary Agency Worker as an employee and the Managed Service Provider is responsible for the conduct, negligence, performance and quality of Temporary Agency Workers and other employment issues. The Contract Manager will advise of any additional policies or revisions during the Contract period. The Managed Service Provider will operate a process for addressing grievances that aligns with the Customer’s grievance process.

12.4.27 Temporary Agency Workers are required to adhere to the Customer’s policies and procedures including; fire, manual handling, health and safety requirements, matters of discipline. These policies and procedures will be supplied to the Managed Service Provider at Contract implementation.

12.4.28 Serious misconduct and poor performance by a Temporary Agency Worker will be conveyed to the Managed Service Provider (in the first instance verbally and subsequently in writing) who will, if so requested, terminate the Assignment of the Temporary Agency Worker(s) concerned. At no time is compliance with this clause to be used as evidence of a Temporary Agency Worker gaining employment status with the Customer. In the case of an allegation against an Temporary Agency Worker in respect of child protection or the protection of vulnerable adults, the Temporary Agency Worker, the Agency and the Managed Service Provider will comply with the requirements of the Customer with regards to attendance at hearings and case conferences and the implementation of any decisions, including referrals to ISA and List 99.

12.4.29 The Managed Service Provider shall bring to the attention of all Temporary Agency Workers the need for any information gained during their placement with the Customer to remain confidential. The Managed Service Provider shall, if required, ensure that all Temporary Agency Workers sign a confidentiality agreement, as agreed with the Customer, prior to any placement and this signed agreement is to be filed within the Temporary Agency Worker’s personnel file, a copy of which is held by the Managed Service Provider and the Agency.

12.4.30 When requested, the Managed Service Provider shall arrange for a Temporary Agency Worker to be tested to ensure that they meet specified capabilities prior to being assigned to the Customer. Details of any test results shall be made available to the Customer.

12.4.31 The standard of dress and hygiene of the Temporary Agency Worker shall be in accordance with the Customer’s departmental standards. The Customer reserves the right to request a change in dress if it is deemed to be inappropriate, offensive or below the standard reasonably required. In the event that Temporary Agency Workers are required to wear Personal Protective Equipment as part of their placement with the Customer it will be the responsibility of the Managed Service Provider to ensure that they arrive for work correctly attired. The actual operational process to enable this will be agreed with the Managed Service Provider at the implementation of the contract.

12.4.32 Where use of a car is stated by the Hiring Manager to be required as part of the service and journeys have been undertaken by the Temporary Agency Worker, the Agency will pay appropriate mileage in line with the HMRC or Customer expense policies (as specified by the Customer). Agreement to pay mileage allowance must be with the prior agreement of the Hiring Manager. Mileage allowance will not be paid for travel to and from the place of work. These rates may be adjusted by the Customer during the Contract period.

12.4.33 The Managed Service Provider is required to ensure that the Agency has had sight of the Temporary Agency Worker’s driving licence, MOT and insurance documents allowing for business use. Agencies are required to ensure that the Temporary Agency Worker is aware of the Customer’s work force travel plans and policies for travel when on duty.

12.4.34 Temporary Agency Workers will be required to complete the Managed Service Provider’s standard mileage claim form, which, when authorised by the Hiring Manager, will be submitted on a monthly basis. A copy of this document will be provided with the invoice.

12.4.35 The Managed Service Provider shall be solely responsible for all arrangements associated with the reimbursement of all expenses.

CANCELLATION OF BOOKING AND REJECTION OF WORKERS

12.4.36 In the event of any circumstance affecting the arrival of a Temporary Agency Worker the Managed Service Provider shall ensure that the Hiring Manager is notified without delay.

12.4.37 The Managed Service Provider shall use their best endeavours to find a suitable replacement Temporary Agency Worker. Data on numbers of and reasons for cancellations shall be kept and a breakdown by Agency provided to the Contract Manager on a (quarterly) basis as part of the performance management of Agencies. Repeat cancellations may result in Agencies being suspended or moved down Tiers (where a tiering system is in operation). The Customer reserves the right to cancel or amend any such booking.

12.4.38 The Customer shall notify the Managed Service Provider of the requirement for any change or cancellation of any booking no less than ninety (90) minutes before the booking commencement. If the Customer cannot comply with this then they shall pay for 25% of the first day or where it is less than one day, 25% of the Assignment that is cancelled, if the Temporary Agency Worker cannot be placed elsewhere within the organisation. The payment from the Customer shall be passed on to the Agency supplying the Temporary Agency Worker (if this is not the Managed Service Provider himself) for payment to the Temporary Agency Worker.

12.4.39 The Managed Service Provider shall make no charge to the Customer in the event that a Temporary Agency Worker;

• fails to attend an Assignment at the reporting time

• is rejected within a trial period for specified Assignments where such a period has been agreed between the Customer and the Managed Service Provider

• has been rejected as unsuitable within the first three (3) hours of the Assignment

• rejects the Assignment or does not attend the Assignment

• is found not to have the defined requirements for the role i.e. in terms of qualifications, eligibility to work, CRB/ISA checks

• is found not to have correct and valid credentials that would allow them to legally work

• is identified as unfit to work or not being capable of carrying out the majority / most / or all of the specified tasks or activities required safely and to the necessary standard.

In any of the above circumstances the Managed Service Provider shall offer the Hiring Manager the option of cancelling the booking or use their best endeavours to find a suitable replacement Temporary Agency Worker as quickly as possible.

12.4.40 In the event that a Candidate is rejected by a Customer and where an Assignment is closed before the official Assignment closure date, the Managed Service Provider shall be responsible for investigating the circumstances of that rejection. Depending on the justification for the rejection;

a) The Customer acting reasonably may request that the Temporary Agency Worker does not work for the particular department or directorate again and the Managed Service Provider shall ensure that if the Temporary Agency Worker is offered for other vacancies within that department or directorate that the Hiring Manager is made aware of previous reports on performance.

b) The Customer may request that the Temporary Agency Worker does not work for the organisation again and the Managed Service Provider shall ensure the Temporary Agency Worker is not offered for any vacancies within that organisation

c) Where a serious rejection occurs, it is the Managed Service Provider’s responsibility to make Hiring Managers aware of such rejections when the Candidate in question is put forward for future Assignments to enable Hiring Managers to make an informed decision.

VETTING AND COMPLIANCE WITH POLICY AND LEGISLATION

12.4.41 The Managed Service Provider shall verify the identity and nationality of Agency Workers in accordance with UK Boarder and Immigration Agency guidelines and codes of practice. The Managed Service provider shall ensure that two (2) proofs of address are kept on file, and must be kept up to date and/or revisited as required. The Managed Service Provider shall ensure suitable processes and procedures are in place to ensure that any permits granted to the Temporary Agency Worker are checked in advance of expiry in order that the Customer is not at risk of employing someone who is not eligible to work in the UK.

12.4.42 The Managed Service Provider shall ensure that any qualifications held by the Temporary Agency Worker in order to meet the Authorised Officer’s person specification are verified by the Agency (or the Managed Service Provider if he is providing Temporary Agency Workers himself) having had sight of the original certificates. Certified photocopies of qualification certificates are to be held on file throughout the duration of a placement by the Managed Service Provider and/or Agency and for a period of at least five (5) years to comply with the Customers’ audit regulations.

12.4.43 In relation to the Immigration, Asylum and Nationality Act 2006 and any other relevant legislation and/or code of practice:

12.4.43.1 The Managed Service Provider shall be required to comply with the requirements of the Asylum and Immigration Act 2006 and shall be responsible for checking that all Temporary Agency Workers have the right to work in the United Kingdom either as a British Citizen or that necessary permits have been obtained and this should be evidenced in the Temporary Agency Workers employment portfolio. The identity and nationality of Temporary Agency Workers shall be verified through passport or photo-card driving licence. In addition proof of address shall be required e.g. utility bills / council tax. All certified photocopies are to be retained on file throughout the duration of a placement and for a period of at least five (5) years to comply with the Customers’ audit regulations.

Evidence of this may be required of the Temporary Agency Worker when they attend the Assignment

12.4.43.2 The Managed Service Provider should ensure that they (if the Managed Service Provider is providing Temporary Agency Workers himself) and Agencies have procedures for monitoring relevant clearance / visas on an ongoing basis allowing Temporary Agency Workers to work in different areas. This will involve monitoring status, expiry dates and hours worked and ensuring that visas / work permits do not restrict where the Temporary Agency Worker can work.

12.4.44 The Managed Service Provider is required to comply with all current as well as future legislation in respect of the Temporary Agency Worker Directive, and any other relevant legislation to make certain that the requirements of such legislation is being met throughout the duration of contract period.

12.4.45 The Managed Service Provider is required to ensure that Agencies, where used, put forward Candidates on whom they hold and maintain up to date information on the following:

• A full employment history, together with a satisfactory written explanation of any gaps in employment, including where owing to a disability

• A signed application form and Curriculum Vitae (CV)

• Documentary evidence of all relevant qualifications

• Applicable training i.e. manual handling

• Proof of right to work in the UK

• Proof of identity including a recent photograph i.e. in the form of a valid and current passport or driving licence

• Proof of address

• Verification of why employment / position was ended in the case where a Candidate has previously worked with children or vulnerable adults

• Two (2) written references, one (1) which is from the most recent previous employer

• CRB disclosure check which is appropriate to the role offered i.e. the relevant ISA barred list children / adult has been checked

• Details of any criminal offences including where detailed on Candidate’s CRB disclosure

• Driving licence / motor vehicle insurance and a current MOT certificate

• Professional memberships; i.e. for social care professionals valid GSCC registration is required and must be renewed before the expiry date, not after the expiry date

Agencies, where used, will be responsible for validating the accuracy of the information supplied by all Candidates

12.4.46 A number of jobs may have a requirement for Criminal Records Bureau, POVA and/or ISA checks to be undertaken on Temporary Agency Workers before they are put forward for placement in any of the Customers. These will be identified by Hiring Managers at the implementation stage of the contract, and if required a charging structure agreed for the provision of this service. Charges will not be raised where checks have already been made and evidenced to the satisfaction of the Customer.

12.4.47 The Managed Service Provider will be responsible for ensuring that they, if they are providing Temporary Agency Workers themselves and Agencies are undertaking such checks and must make

available on request to the Customer the reference number and date of the CRB check of any Temporary Agency Worker put forward for placement by the Managed Service Provider. The Managed Service Provider will not put forward for placement any individual who appears unsuitable as a result of the information received from the checks.

12.4.48 The Managed Service Provider will ensure that they, if they are providing Temporary Agency Workers themselves, and Agencies comply with the requirements of the CRB and ISA and that the Temporary Agency Worker takes a copy of the disclosure to the commencement of each Assignment for review by the Hiring Manager prior to commencing the Assignment. Managed Service Providers are also required to be compliant with the Safer Recruitment in Education Guidance and to hold the DfE Quality Mark for Education.

12.4.49 The Managed Service Provider must ensure that the Customer is informed where a Candidate is under investigation from external agencies. This includes but is not limited to, the General Social Care Council (GSCC).

12.4.50 The Managed Service Provider must ensure that if they, where providing Temporary Agency Workers themselves, and the Agency receive ‘additional information’ about a Candidate from the CRB that a Chief Constable considers relevant to the post applied for and where this cannot be shared with the Customer, this may well affect their ability to be engaged to fulfil an Assignment. Such a Candidate will not be allocated any Assignment within the Customer organisation which involves working in areas requiring a CRB check.

12.4.51 The Managed Service Provider must also ensure that Temporary Agency Workers make a signed and dated declaration regarding unspent previous criminal convictions subject to the Rehabilitation of Offenders Act 1974. A copy must be provided to the Customer within three (3) Working Days. Existing Temporary Agency Workers and new applicants for temporary work who have a previous criminal record should only commence work after the approval of the Customer is sought. All applicants for placement at any of the Customers must be informed in writing that undeclared criminal convictions which subsequently become known may result in the Customer instructing the Managed Service Provider that the Temporary Agency Worker may be removed from the delivery of services. If a Temporary Agency Worker is convicted of an offence whilst on Assignment, the Managed Service Provider shall notify the Customer immediately and seek to reach agreement on the appropriate course of action. Generally speaking this shall not include motoring offences though for certain posts motoring offences may need to be reviewed. Customers shall agree with the Managed Service Provider which posts motoring offences must be reviewed.

12.4.52 The Managed Service Provider should ensure that Agencies provide current and suitable references for Candidates put forward for an Assignment

12.4.53 The Managed Service Provider shall support Customers in addressing the requirements of the Temporary Agency Worker Directive and provide a cost effective, legal method of managing this transition. The Managed Service Provider shall suggest means of finding economic and innovative solutions to managing resource which uses the legislation to the Customer’s advantage.

12.4.54 In the unlikely event that a waiver to any of the above vetting and compliance issues is sought by the Hiring Manager, the Managed Service Provider shall not agree to such a waiver without the express consent of the Customer’s Contract Manager. Such a waiver should be treated as temporary and only until such a point where any waived items/checks are completed as agreed between the Managed Service Provider and the Customer’s Contract Manager.

12.5 SERVICE DELIVERY

12.5.1 Fulfilment of a request shall be defined as the supply of a suitable Temporary Agency Worker, accepted by the Hiring Manager, within the timeframe as set out in the Service Level Agreement for the skill group to be established during contract implementation.

12.5.2 The Managed Service Provider shall aim to fulfil 100% of each Customer’s requirements but is required to meet a minimum of 98% of requests at all times.

12.5.3 For individual positions that are considered to be ‘difficult to fill’ this figure may be reviewed at a later date, with the consent of the Customer.

12.5.4 If the Managed Service Provider falls below 98% for more than two (2) consecutive months or below 90% for one (1) month the Customer shall require an exception report detailing the action being taken by the Managed Service Provider to remedy the situation and the timescale for rectification. Until the service provided meets the required level an update report shall be submitted to the Customer’s nominated Contract Manager on a weekly / fortnightly basis.

12.6 MANAGED SERVICE PROVIDER PERSONNEL & CONTRACT MANAGEMENT

12.6.1 The Managed Service Provider shall ensure that only suitably experienced and qualified staff shall be used to provide the Services.

12.6.2 The Managed Service Provider shall demonstrate how they manage business continuity and ensure effective recruitment and retention of staff.

12.6.3 The Managed Service Provider shall nominate an Account Manager to the Contract who is the primary and single point of contact for the Customer’s Contract Manager.

12.6.4 The Managed Service Provider will ensure that there is a suitable structure and level of resource in place to deliver the Services which will be fronted by the nominated Account Manager.

12.6.5 Once operational, significant changes or reductions in the assigned personnel will not be made without prior written consent of the Contract Manager; such consent will not be refused unreasonably.

12.6.6 The Managed Service Provider will be proactive when managing the Contract including but not limited to:

• dealing with and resolving complaints

• slippages in performance or service standards

• identifying and presenting opportunities to secure additional savings

• building and working with Agencies to maintain a wide and diverse Candidate pool.

The Managed Service Provider shall also be proactive in raising with the Contract Manager any opportunities and / or issues (potential or actual) that are affecting or may affect the above.

12.6.7 The Managed Service Provider will participate in regular face to face contract review meetings with the Contract Manager at the Customer’s premises. Attendance at such reviews shall be by suitably senior personnel. Initially during and immediately after Implementation this shall be at least monthly (or more frequently if required) and thereafter quarterly or six (6) monthly, to be agreed with the Contract Manager.

12.6.8 Attendance at regular review meetings is essential and will be at no cost to the Customer.

12.6.9 The Customers reserve the right to request additional meetings where necessary to address any matters arising in between the review meetings. Such requests shall not be made unreasonably and again will be at no cost to the Customer.

12.6.10 The Managed Service Provider will manage the supply chain in a systematic manner which can enable them to organise and regularly provide feedback to the Agency in respect of:

• the Agency’s performance – feedback in terms of the standard of service they are supplying.

• the Temporary Agency Worker – why their Applicant was accepted / rejected, general feedback in terms of the Temporary Agency Worker’s ability, suitability for the post and conduct.

12.6.11 The Managed Service Provider shall provide evidence that they are actively seeking feedback from Agencies on their performance and that of the Customer to maintain and improve Service standards. Such feedback shall be shared with the Contract Manager at regular review meetings.

12.7 PAY RATES TO TEMPORARY AGENCY WORKERS

12.7.1 The rates of pay received by the Temporary Agency Worker shall be determined by the Customer’s Contract Manager in agreement with the Managed Service Provider. The Managed Service Provider shall provide details of how they will provide regular advice and information to the Customer of pay rates and conditions in the local and sub-regional market. Any such agreement shall take into account the provisions of the Temporary Agency Worker Directive and any other such relevant legislation which comes into effect.

12.7.2 The Managed Service Provider will use their knowledge and expertise to work with the Customer to identify appropriate pay rates for roles.

12.7.3 For PAYE Temporary Agency Workers the Managed Service Provider will ideally charge actual NI on the earnings of the Temporary Agency Worker as well as WTD which will equate to the total wage costs

12.7.4 For Limited Company Workers their total wage costs will be equal to their pay rate as tax and statutory costs will be paid through their company.

12.7.5 Payments shall be in line with Working Time Regulations. This payment and employer’s NI charged will be itemised separately on invoices and available as part of all management information.

12.8 FEES AND SAVINGS

12.8.1 The Managed Service Provider Fee to be charged by the Managed Service Provider during each year of the contract shall be agreed at the outset and capped for the duration of the contract.

12.8.2 The Managed Service Provider Fee should provide excellent value for money, and be transparent to all parties; including the Agencies and the Customers. The MSP must recognise the potential for fees to be benchmarked following any re-opening of competition and in particular those competitions utilising reverse e-auction technology. MSP should avoid multiple pricing policies and must use their best endeavours to provide managed services at a consistent best value rate across the Framework provision.

12.8.3 The Service must deliver Savings for the Customer and any Savings generated must be objectively measured and demonstrable, to assist Customers to reach their Savings targets.

12.8.4 Taking geography into account, the Managed Service Provider will advise the Customer of the most competitive Agency Fees that they have achieved with Agencies across all Customers and will endeavour to secure similar or comparable rates for that Customer where appropriate. The Agency Fee charged will be available as part of all Management Information.

12.9 INVOICING AND PAYMENT REQUIREMENTS – MANAGED S ERVICE PROVIDER

12.9.1 It is envisaged that most Customers will require a single consolidated invoice, although some may require a small number (e.g. 3 or 4) of departmental invoices. Invoices are to be submitted in arrears on a weekly basis (unless otherwise agreed with the Customer). The Managed Service Provider must ensure that invoices are raised without delay, enabling Agencies to be paid promptly.

12.9.2 Payments will be made by BACS.

12.9.3 Invoices shall be supported by detailed electronic information in a format as agreed with the Customer to enable internal charging to relevant budget holders. This is likely to include:-

• Order reference number

• Job title

• Hours worked; regular hours, overtime hours (including night shifts), double time hours and total hours

• Unique work record per individual not per assignment

• Total hourly / daily rate

• Hourly / daily pay rate to Temporary Agency Worker

• National Insurance contributions

• Working Time Regulations

• Value Added Tax

• Agency Commission (Agency Fee)

• Managed Service Provider Commission (Booking fee)

• Department and/ or Section

• Cost Centre Code and if required Hiring Manager

• Name of individual that the Temporary Agency Worker reports to

• Date timesheet submitted and approved

• Name of Hiring Manager timesheet approved by

This detailed electronic information is to be presented in a format prescribed by the Customer in order to allow immediate uploading onto the Customer’s financial system.

12.9.4 In support of the invoice the Managed Service Provider shall provide each Agency with a timesheet (electronic where required by the Customer) that must be used by all Temporary Agency Workers. Timesheets must indicate that all breaks are unpaid and must not be added to hours worked.

12.9.5 Completed timesheets shall be submitted electronically (either by the Temporary Agency Worker or the Managed Service Provider) to the Hiring Manager for authorisation. The Managed Service Provider should provide the Contract Manager with an exception report of unauthorised timesheets, ideally accessible with real-time information, but at a minimum on a weekly basis.

12.9.6 Where the Customer has implemented an internal policy restricting the number of hours a Temporary Agency Worker can work, the Managed Service Provider will ensure that this restriction is reflected in the invoicing and payment to Agencies. Allowance for time off in lieu may also be required by some Customers.

12.9.7 The Managed Service Provider shall only process timesheets that have been authorised by the appropriate Hiring Manager. In the event that a Hiring Manager refuses to certify a timesheet the Managed Service Provider shall be notified within two (2) Working Days and resolve with the Hiring Manager in the first instance. If further resolution is required the incident should be referred to the Contract Manager.

12.9.8 The Customer will advise the Managed Service Provider if auto-approval of timesheets is required for their Contract prior to commencement of the Contract. As a rule, the default position will be that timesheets are not approved automatically.

12.9.9 Should there be a dispute regarding hours worked, the hourly rate, statutory contributions or the commission claimed by the Managed Service Provider in respect of an Temporary Agency Worker, the Customer reserves the right to withhold payment of the sum in dispute until such time as the matter can be resolved. The Managed Service Provider will ensure that the consolidated invoice does not include such amounts so as not to delay payment of the remaining authorised sums.

12.9.10 Some Customers may have or at some point in the future wish to explore the feasibility of integrating the Purchase-To-Pay processes associated with engaging Temporary Agency Workers with the e-Procurement solution that they plan to implement during the lifetime of the contract. Should this be the case, the Managed Service Provider shall work with the Customer to agree, test and implement a solution.

12.9.11 The Managed Service Provider is required to ensure fair and agreed payment terms are in place for all (Tiered) Agencies i.e. terms that do not allow payment to Agencies to be delayed beyond ten (10) Working Days after the Managed Service Provider has been paid and that in total, in any event, payment takes no longer than thirty (30) days from submission of an undisputed invoice.

12.9.12 Where the Customer has agreed shorter payment terms in order to meet policy obligations or to support their suppliers, the benefit of this must also be reflected through the supply chain to the Tiered Agencies.

12.9.13 The Managed Service Provider is required to ensure agreed payment terms are in place for all Temporary Agency Workers i.e. no more than fourteen (14) days from submission of a timesheet.

12.9.14 The cost model proposed by the Managed Service Provider is required to be financially transparent, particularly in relation to:

• Pay rate

• National insurance

• WTD

• National insurance on holiday pay

• Agency fee

• Total amount paid to the Agency

• Managed Service Provider transaction charge

• Total charge to the Customer

• Temporary Agency Worker’s status in terms of whether they are PAYE or a Ltd Company also needs to be stated.

The aim of the Managed Service Provider providing this breakdown is to provide Customers with overall clarity of what costs are built up from.

12.10 REGENERATION AND SUSTAINABILITY

12.10.1 The Managed Service Provider is required to put in place procedures and processes which provide encouragement and opportunities for Small Medium Enterprises (SME) and minority groups; to include but not be limited to Black and Minority Ethnic owned (BME), women-owned, disability-owned and third sector organisations to trade in line with government and local policies. The MSP should, in particular, encourage local SMEs and local minority groups to engage with them to deliver Services to the Customer. Data on the numbers of such organisations (either as a percentage in terms of number of suppliers or as a percentage of spend) in the supply chain and the amount of business transacted will be provided by the Managed Service Provider to the Contract Manager.

12.10.2 The Managed Service Provider should aim to support local people, their communities, job centres and organisations. As such a mechanism should be provided to support effective promotion of employment opportunities for local residents and raise understanding of routes to apply for Temporary Agency Worker roles. The Managed Service Provider shall work closely with the Customer to target and actively encourage registration from hard to reach groups such as lone parents, older candidates, women returnees, disabled minority groups (where appropriate) and those from socially disadvantaged areas. The Managed Service Provider shall ensure that they will actively promote the means by which individuals can register for suitable vacancies. The Managed Service Provider shall provide evidence of the process to the Customer on request. Where required, the Managed Service Provider shall run periodic sessions, either at their premises or other locations throughout the borough to explain the registration process and to encourage participation from all sections of the community. The Managed Service Provider in conjunction with the Customer may also need to consider programmes to increase the capabilities of local Temporary Agency Workers.

12.10.3 The Managed Service Provider must evidence a transparent process to demonstrate that Assignments are offered in a fair manner to all Agencies including but not limited to local SME and local minority groups.

12.10.4 The Managed Service Provider shall ensure that they consider, promote and demonstrate equality and diversity within their own organisation and that they proactively work with Agencies to ensure that they take similar steps with regards to their own organisations and when recruiting and supplying candidates for the Customer.

12.10.5 Customers may require Managed Service Providers to target specific groups for Agency Assignments.

12.11 MANAGEMENT INFORMATION

12.11.1 The Managed Service Provider must be able to provide configurable and comprehensive real time management information from implementation and on an ongoing basis relative to all activity under this contract at no cost to the Customer

12.11.2 The Managed Service Provider will provide, at no cost to the Customer, management reports in a suitable electronic format on a monthly basis. The type and level of detail of the reports will be decided at the implementation of the Contract so that they are tailored to only provide the information that each individual Customer specified is relevant to them. This does not preclude changes being made during the life of the Contract should the Customer require it. This information should be provided in a clear format which is both easy to understand and easy to interpret. Tenderers are required to provide details of the suite of reports and data that they are able to provide, and its typical use by the Customer.

12.11.3 The System proposed by the Managed Service Provider shall offer a flexible management information tool that can be tailored to only provide the information that each individual Customer specifies is relevant to them. The Managed Service Provider will be able to offer as a minimum a suite of pre-defined reports, which can be tailored to the Customer, but it is also desirable that the Customer can run their own reports where the system allows.

12.11.4 Reports and data should be presented in a format which can be exported into MS Office Applications or other similar packages used by the Customer that can be used to manipulate data.

12.11.5 Customers shall be able to specify the Management Information reports that they require which can include but are not limited to the following:

12.11.5.1 Active assignments (current headcount report)

12.11.5.2 Detailed order status report – showing individual order information

12.11.5.3 Usage by department – scheduled end dates for each order, sorted by Customer department and position

12.11.5.4 Comparison of old and new Agency Fees/Margins (in pence)

• By Customer department

• By job discipline

12.11.5.5 Temporary Agency Worker assignments undertaken by Customer Residents

12.11.5.6 Temporary Agency Worker assignments (numbers and value) filled by Agencies supplying from an address within the Customer’s region, including size of company (number of employees)

12.11.5.7 Performance monitoring report: time taken to fill each booking (from initial order and from Cost Centre Manager authorisation) compared against agreed service levels:

• By Customer department

• By job discipline

12.11.5.8 Full details of any posts that could not be filled.

12.11.5.9 Summary of comments/complaints with corrective action taken

12.11.5.10 Agency usage – Agencies ranked in terms of number of Assignments

12.11.5.11 Ethnic profile – The ethnic profile of interim workers assigned to the Customer where applicable / appropriate

12.11.5.12 Disability profile – Volumes of disabled and non-disabled interim workers assigned to the Customer

12.11.5.13 Gender profile – Volumes of male and female Temporary Agency Workers assigned to the Customer

12.11.5.14 Age profile – The age profile of Temporary Agency Workers assigned to the Customer

12.11.5.15 Temporary Agency Workers – a list of Temporary Agency Workers who have been assigned to a specific order, showing:

• Name of worker

• Geographical profile

• Religion

• Sexual orientation

• Order reference number

• Job discipline

• Job title

• Council Department

• Cost Centre Manager

• Start date of assignment

• Anticipated end date of assignment

12.11.5.16 Assignment duration report – by Temporary Agency Worker

The system proposed by the Managed Service Provider must be flexible to accommodate additional requirements / changes to the above.

12.11.6 The Managed Service Provider will undertake to create the reports (where the necessary data is held) for the Customer within a reasonable timescale (ideally within forty eight (48) hours) and at no additional cost to the Customer. Such reports are essential to enable the Customer to be able to respond to enquiries, or requests made of the Customer under the Freedom of Information Act. Should this functionality not be available Customers wish to have the ability to build and run their own reports from within the system operated by the Managed Service Provider.

12.11.7 Customers will want to use the reporting facilities available to enable them to better understand their use of Temporary Agency Workers and any trends and to feed into any workforce or demand management planning as needed.

12.11.8 In addition, the Managed Service Provider shall comply with the following:

12.11.8.1 The Managed Service Provider agrees to provide ESPO with information relating to the services procured and any payments made under the Contract.

12.11.8.2 The Managed Service Provider shall supply the Management Information to ESPO and in the form set out at during the framework Contract Period.

12.11.8.3 ESPO may be required to share the data with the Efficiency Reform Group (ERG) and/or other Pro5 Professional Buying Organisations. Sharing of such data will be on a strictly confidential basis.

12.11.8.4 Upon receipt of the Management Information supplied by the Managed Service Provider in accordance with 12.11.8.2 above or receipt of information provided by ESPO to ERG or Pro5 under 12.11.8.3, the Customer and the Managed Service Provider hereby consent to ERG and Pro5:

a) storing and analysing the Management Information and producing statistics; and

b) sharing the Management Information or any statistics produced using the Management Information, with any other Contracting Customer.

12.11.8.5 In the event that ERG or Pro5 share the Management Information or information provided under clause 12.11 in accordance with 12.11.8.4(b), any Contracting Customer receiving the Management Information shall be informed of the confidential nature of that information and shall be requested not to disclose it to any body who is not a Contracting Customer (unless required by law).

12.11.8.6 ESPO may, but not unreasonably, make changes to the Management Information which the Managed Service Provider is required to supply and shall give the Managed Service Provider at least one (1) month’s written notice of any changes.

12.12 SYSTEM REQUIREMENTS

12.12.1 The appearance and operation of the System should be similar to those in general widespread and common use for other functions to enable Hiring Managers to be able to use the System easily from Implementation.

12.12.2 The System must be able to accommodate various account coding from the Customer’s financial management system e.g. Oracle, SAP, Agresso.

12.12.3 Ideally the System will not use any jargon or technical terminology and will use language easily recognisable by the Customer’s officers. Where use of jargon or technical terminology is unavoidable the Managed Service Provider will include easily accessible and clearly identifiable help functions and/or user manuals to enable users to use the System effectively with minimum support.

12.12.4 The System will be supported by online / interactive documentation, manuals and FAQs which may be delivered in the form of tutorials.

12.12.5 The structure of any System or processes implemented by the Managed Service Provider in order to deliver the Services must be flexible, Customer-driven and easy to adopt in a public sector environment.

12.12.6 The Managed Service Provider must give a minimum of three (3) months notice to any Customer where changes to the System or platform are proposed.

12.12.7 The Managed Service Provider shall ensure that a log of System issues, including but not limited to failures and system bugs, is established and maintained and is supported by a proposed programme for resolution which recognises the need for business continuity, timescales for rectification and escalation to appropriate levels within the Managed Service Provider’s organisation.

12.12.8 The Managed Service Provider must be able to provide by the date of Contract award / Implementation the following data transfer:

12.12.8.1 Online ordering and candidate selection

12.12.8.2 Online electronic time sheeting

12.12.8.3 Online electronic invoicing and or/payment systems

12.12.8.4 Comprehensive and real-time management reporting

12.12.8.5 Integration of any or all of the above; with each other, and ability to integrate with Customer legacy systems

12.12.9 The Managed Service Provider shall offer full training for Customers (and any Agencies used as part of the supply chain) free of charge at the Customer’s premises and at suitable premises for the Agencies (where required). The Managed Service Provider must offer training via a variety of methods and should be aware that on-going training may be required for additional and/or new users of the System, as new Hiring Managers join the Customer or new Agencies commence supply of the Services; in-system or on-line training would be beneficial.

12.12.10 The Managed Service Provider’s solution shall provide 24-hour system support for functional and/or technical problems to help and support service users as required for example a help desk. If the proposed solution is via telephone, this 24-hour system should not be premium rate and preferably calls shall be charged at local rate or lower. This may include online support outside of typical working hours and some means of logging emergency or major Systems issues may be required.

12.12.11 The Managed Service Provider must confirm that the proposed solution will be compliant with the requirements of the Data Protection Act in accordance with (but not limited to) the following criteria:

12.12.11.1 Ensure integrity of data

12.12.11.2 Have adequate privacy enhancement techniques

12.12.11.3 Allow archive and deletion of data

12.12.11.4 Rejection of duplicate records with meaningful error messages at the point of data entry

12.12.12 User Access and Data

12.12.12.1 The Hiring Manager must be able to specify all relevant information for an Assignment including; start/end date, location, job type, reason for use, skill requirements and other parameters and the System shall support definition of standardised job groups, job descriptions and skill sets. The Customer should define which fields will be mandatory for their organisation; however the Managed Service Provider should ensure that there are appropriate mandatory fields within the System to capture the data.

12.12.12.2 The System should support the entry and display of all relevant Contract data for the Temporary Agency Workers requisitioning process e.g. pricing conditions, delivery conditions, payment terms, etc.

12.12.12.3 Users must be able to track the status of an order from order creation via approval to invoice receipt and payment. The Contract Manager should be able to see an overview or ‘dashboard’ containing details of any open requests.

12.12.12.4 All data must be maintained centrally or locally, dependent upon access rights granted. The Customer maintains ownership of this data and will have access to download data in its entirety at any time during the duration of the contract as well as on expiration of the contract period.

12.12.12.5 The Hiring Manager is notified via email when a Temporary Agency Worker’s assignment (of longer than four (4) weeks ) is approaching expiry. The Hiring Manager along with the Contract Manager is notified via email when an individual Temporary Agency Worker has been on an assignment approaching eight (8) weeks (or to a timescale as agreed by the Customer at Implementation) in order that the Customer can review and decide the future of the Assignment prior to the Temporary Agency Worker having been on Assignment for more than twelve (12) weeks .

12.12.12.6 The System shall include processes for the approvals of requests for Candidates, extensions to Assignments and approval of timesheets. The Customer must be able to define parameters for the system, including but not limited to; maximum assignment durations, blocking of certain categories of worker, requirements for post numbers/ authorisation for workers and any other data which is not required by the Customer.

12.12.12.7 The System shall enable Hiring Managers to re-assign approval rights when there is a period of absence. Should this be unplanned, there will be a defined process to enable the Contract Manager or Managed Service Provider to re-assign rights as necessary.

12.12.13 The System proposed by the Managed Service Provider shall allow for straightforward management of timesheets for the Customer, Agency and Temporary Agency Worker that does not cause unnecessary complexity for any of the parties.

12.12.14 The System proposed by the Managed Service Provider must provide Management Information that enables sharing of data and experiences of the Customers that are using the Managed Service Provider’s System via the framework in order that Customers can use this information in benchmarking activities. Any Management Information should be easily exported into a commonly used spreadsheet format.

12.13 IMPLEMENTATION

12.13.1 It is possible that where a Customer does not currently operate a Managed Service for the provision of Temporary Agency Workers that a discovery piece of work will need to be undertaken for each Customer in respect of future, current and historic Temporary Agency Worker usage trends. Any Customer using the Managed Service Provider nonetheless reserves the right to request this piece of work, even where a Managed Service is already in operation, although this is less likely. No charge will be made for such piece of work to be completed by the Managed Service Provider.

12.13.2 The Managed Service Provider shall provide to the Contract Manager details of its:

12.13.2.1 Strategy for obtaining / defining baseline information against which service improvements and financial savings (direct and indirect) can be measured. This baseline should be 2009-10 or the most current year prior to entering into this contract, and the evidence should be shared with the Customer.

12.13.2.2 Strategy for dealing with current Agencies

12.13.2.3 Strategy for dealing with current Temporary Agency Workers

12.13.2.4 Strategy for communication before and during the implementation

12.13.2.5 Proposals for Implementation for each Customer, as relevant, either by Department, Temporary Agency Worker category, or the organisation as a whole.

12.13.2.6 The Managed Service Provider will be required to facilitate the adoption of existing supply chain of Agencies and existing Temporary Agency Workers where requested by the Contract Manager.

12.13.3 The Managed Service Provider shall draft and agree Service Levels with each Customer in respect of fulfilment rates, response times, request fulfilment timescales and the reduction of Agency margins. These shall be shared with ESPO to support the overall management of the Framework.

12.13.4 The Managed Service Provider shall provide detailed timescales for the Implementation of the Service from Contract award to the Customer specified go live date.

12.13.5 During the Implementation period the Managed Service Provider may be required to organise and deliver a small number of workshops for the Customer’s staff and proposed Agencies at no extra cost to the Customer or attendees to promote and market the new arrangements.

Added value and optional extra services

Customers may require additional services and over and above those described in the CORE requirements (items 12.1-12.13 within this Service Specification)

12.14 ADDED VALUE SERVICES

Further to the core service specification described above, Customers may wish to enhance their service offering with some additional service options specific to their organisation. These will be provided at no extra cost.

12.14.1 The Managed Service Provider will assist the Customer to support other agendas and corporate objectives to which they are committed, such as skills development/apprenticeships etc

12.14.2 The Managed Service Provider will work with Agencies to ensure they proactively source staff where there are shortages e.g. social care workers.

12.14.3 Where required, the Managed Service Provider will develop a ‘talent pool’ (i.e. a bank of suitable Temporary Agency Workers) on behalf of the Customer

12.14.4 Many public sector bodies are signatories to the Prompt Payment Code and may wish their Managed Service Provider to sign up to it - http://www.promptpaymentcode.org.uk/

12.14.5 Where required by the Customer, the Managed Service Provider should ensure Agencies provide Temporary Agency Workers with photo ID cards that should be carried by the Temporary Agency Worker at all times when on Assignment.

12.14.6 Where required by the Customer, photo ID of an accepted Temporary Agency Worker must be made available in advance (i.e. uploaded onto the System) in order that the Hiring Manager can see who they should expect for the Assignment, particularly in relation to social care.

12.15 OPTIONAL EXTRA SERVICES

Further to the core and added value service specification described above, Customers may wish to enhance their service offering with some optional extra services. It is anticipated that these services will increase the cost of the Service deli very and Tenderers will be invited to cost these optional extras in submitting prices and rate s when invited by the Customer (as part of a further competition – see Section 11 ). Listing of these options here does not negate the need for the Managed Service Provider to support the organisation in any policies, processes, or other related activity that they may wish to undertake without taking up any of the added-cost options listed below.

12.15.1 The Managed Service Provider may be required to supply additional workers over and above the Temporary Agency Workers. Such additional workers may include;

12.15.1.1 sessional workers

12.15.1.2 trainers

12.15.1.3 permanent staff

Typically this would include the sourcing, provision, management and administration associated with supply of these workers.

12.15.2 The Managed Service Provider will work with the Customer to assist with demand forecasting and workforce planning. The Managed Service Provider will be expected to provide a proactive approach to demand management based upon their experience and expertise in this field. Typically this may include review of the patterns and reasons for use in the past, based on usage data but also additional qualitative data, assessment of the effectiveness of processes and practices, and recommendations for and implementation of changes to enable the Customer to reduce and control their demand for Temporary Agency Workers. Precise requirements will be defined by Customers wishing to take up such an option. This does not negate the need for the Managed Service Provider to support the organisation at no extra cost as part of the core Service requirements of this Framework in any policies, processes, or demand management activity that they may wish to undertake without taking up this option.

12.15.3 Where a Customer has established an existing in-house bank of staff or other external partner organisation (supporting worklessness, apprenticeships, or similar agendas), the Managed Service Provider will direct Hiring Managers towards, or will work with, this established bank in the first instance to source workers before going out to the Tiered supply base. This will also apply to any redeployment or talent pools or similar, in existence prior to or set up during the lifetime of the Contract.

12.15.4 The proposed System must allow for personalisation of content that can be set and modified by the Contract Manager e.g. inclusion of Customer logos/colour schemes

12.15.5 A Customer may require the Managed Service Provider to provide an on-site presence, i.e. to have a (possibly dedicated) Account Manager present at the Customer’s site, to liaise with Hiring and Contract Managers and to be a face-to-face point of contact for the Hiring and Contract Managers regarding any element of the Service delivery.

12.15.6 A Customer may require that all Temporary Agency Workers attend Assignments wearing a suitable identity badge (with photo), branded with the Managed Service Provider’s logo, and confirming their identity. This is to enable the Hiring Manager to confirm for him or herself that the person they are expecting to fill the Assignment is the person who fills the Assignment.

12.15.7 Where required by the Customer, the Managed Service Provider must ensure that all Temporary Agency Workers are given an induction on their first day or shift either with a member of staff, with the Managed Service Provider or with their Agency. This should cover code of conduct, confidentiality, internet and telephone policies, complaints procedures, and act as a checking mechanism over pay rates and (if applicable) tiered supply services and introduce the relationship between customer, Managed Service Provider, Agency and Temporary Agency Worker.

ANNEX 2 – OJEU NOTICE

Services Open Procedure Notice

SECTION I: CONTRACTING AUTHORITY

I.1) NAME, ADDRESSES AND CONTACT POINT(S) Official name: Eastern Shires Purchasing Organisation (see www.espo.org) and on behalf of the Pro5 Group of Professional Buying Organisations (see www.espo.org/index.asp?CMD=PRO) and on behalf of the entire Local Government Sector throughout all administrative regions of the UK , Postal Address: Barnsdale Way, Grove Park, Enderby, Town: Leicester (see also II.1.2.1 for further detail), Telephone: 0116-2657926, E-mail: [email protected], Contact Point(s):For the attention of: Ian Cunningham- Contracts Admin Officer, Postal Code: LE19 1ES, Country: UNITED KINGDOM, Fax: 0116-2944399, General address of the contracting authority (URL): , Address of the Buyer Profile (URL): www.espo.org, I.1.1) Further information can be obtained at As in I.1. I.1.2) Specifications and additional documents (inc luding documents for a Dynamic Purchasing System) can be obtained at As in I.1. I.1.3) Tenders or requests to participate must be s ent to As in I.1. I.2.1) Type of contracting authority Regional or local authority If 'other' please specify I.2.2) Main activity or activities Other If 'other' please specify Local Authority Services I.2.2) The contracting authority is purchasing on b ehalf of other contracting authorities? Yes

SECTION II: OBJECT OF THE CONTRACT

II.1) DESCRIPTION II.1.1) Title attributed to the contract by the con tracting authority UK-UK-Wide: Managed Services for Temporary Agency Resources (MSTAR) for Local Government and Education - 653F/11 II.1.2) Service Category 22. II.1.2.1) Main place of performance For use throughout all administrative regions of the UK by Local Authority Councils, Educational Establishments and the wider public sector including Police, Fire & Rescue and Emergency Services; Registered Charities, Registered Social Landlords (i.e. eligible public sector bodies within the meaning of the Local Authority (Goods & Services) Act 1970), that wish to use it, but excluding Central Government departments and Health Organisations. Whilst available for use by all Local Authority Councils and the wider public sector, there are a number of existing customers and other organisations who are likely to use and/or are interested in using this framework agreement during it's lifetime; the organisations are; Association of Greater Manchester Authorities, Barnsley Metropolitan Borough Council, Blaby District Council, Borough of Poole Council, Calderdale Metropolitan Borough Council, Cambridge City Council, Cheshire East Council, City of Lincoln Council, City of Wakefield Council, Coventry Performing Arts Service, Croydon Council, Dacorum Borough Council, Derby City Council, Derbyshire County Council, Devon County Council, Doncaster Metropolitan Borough Council, Dudley Metropolitan Borough Council, East Northamptonshire District Council, Fenland District Council, Gloucestershire County Council, Guildford Borough Council, Harborough District Council, Kirklees Council, Leeds City Council, Leicester City Council, Leicestershire County Council, Lincolnshire County Council, London Borough of Ealing Council, London Borough of Havering Council, London Borough of Redbridge Council, London Borough of Richmond Council, London Borough of Sutton Council, London Borough of Tower Hamlets Council, London Borough of Waltham Forest Council, Maidstone Borough Council, Melton Borough Council, Newark & Sherwood District Council, Norfolk County Council, North Lincolnshire Council, North East Lincolnshire Council, North Kesteven District Council, North Warwickshire Borough Council, North West Leicestershire District Council, North Yorkshire County Council, Norwich City Council, Nottinghamshire County Council, Nuneaton and Bedworth Borough Council, Orbit Housing Association, Royal Borough of Kensington & Chelsea, Rutland County Council, South Gloucestershire Council, South Kesteven District Council, South Lanarkshire Council, Southampton City Council, Stafford Borough Council, Staffordshire County Council, St Edmundsbury Borough Council, St Leger Homes, Tamworth Borough Council, Telford and Wrekin Council, Warwickshire County Council, West Lindsey District Council, Westminster Council, Wiltshire Council and more information on these potential customers and their current intentions are included in the Invitation to Tender document. (The requirements of Central Government and Health will be met by way of separate agreements that will be established other than by Pro5, but see note in Section 11.1.5 regarding PCTs)).

See the following websites for details:- http://www.direct.gov.uk/en/Dl1/Directories/Localcouncils/index.htm http://www.edubase.gov.uk/public/quickSearchResult.xhtml?page=2 http://www.schoolswebdirectory.co.uk/localauthorities.php http://www.hefce.ac.uk/unicoll/ http://www.police-information.co.uk/police-directory http://www.fireservice.co.uk/information/ukfrs.php http://www.charity-commission.gov.uk/registeredcharities/first.asp NUTS Code UK. II.1.3) The notice involves The establishment of a framework agreement II.1.4) Information on framework agreement (if appr opriate) Framework agreement with several operators Number OR, if applicable, maximum number of participants t o the framework agreement envisaged 36 II.1.4.1) Duration of the framework agreement (if a ppropriate) Period in year(s) 3 OR month(s) Justification for a framework agreement the duratio n of which exceeds four years II.1.4.2) Estimated total value of purchases for th e entire duration of the framework agreement (give figures only) Estimated value excluding VAT OR range: between 2000000000 and 4000000000 Currency GBP Frequency and value of the contracts to be awarded (if possib le) II.1.5) Short Description of the contract or purcha se(s) ESPO, on behalf of Pro 5, working in partnership with Efficiency Reform Group (previously Office of Government Commerce [OGC]), Department for Education and members of the Professional Services Collaborative Category Board (PSCCB) and the Local Government Professional Services Group (LGPSG), is seeking to establish a framework agreement with a number of suppliers for the provision of Managed Services for Temporary Agency Resources (MSTAR). Managed services include neutral vendor solutions, master vendor solutions and other hybrid solutions. All types of temporary agency workers will be included e.g. from grounds maintenance and administrative through to interim to specialist contractors including supply teachers. The framework will be divided into the following Lots: Lot 1: Managed Service Provision for Corporate Staff (excluding Education staff), Lot 2: Managed Service Provision for Corporate and Education Staff and Lot 3: Managed Service Provision for Education staff only. All Lots will then be further sub-divided into a) Supply Chain Management and b) Resource Pool Management. Further detail is provided in the tender documentation and suppliers are invited to bid for one, some or all Lots. It is envisaged at this stage that between 4 and 6 providers may be appointed onto the framework in each sub-lot. In total theoretically, a maximum of 36 suppliers may be appointed, however it is anticipated that some suppliers may wish to bid for more than one of the sub-lots and therefore fewer than 36 suppliers on the framework are envisaged. It is the intention of both the PSCCB and the LGPSG that the MSTAR framework agreement will become the recognised route of choice to the managed service (temporary resource) market for Local Government and the wider public sector (excluding Central Government and Health organisations) as identified in II.1.2.1 For the avoidance of doubt, it is important to clarify that whilst this Framework is not primarily intended for Central Government or the NHS, its agencies or departments, PCTs may be eligible to access this Framework where the PCT is part of a collaborative or joint working arrangement with their Local Authority, where, in the absence of this permission, the Local Authority itself would be precluded from using the Framework. The estimated value is based upon current analysis of likely usage, however, on the basis that the framework is available for use by all local authorities and the wider public sector throughout the UK, the value may be subject to change. An eAuction process may be used to award subsequent call off contracts following the reopening of competition among the parties to the Framework Agreement.CPV Code: Supply services of personnel including temporary staff. II.1.6) Common Procurement Vocabulary (CPV) Main Object: 79620000. II.1.7) Contract covered by the Government Procurem ent Agreement (GPA)? Yes II.1.8) Division into lots Yes If yes, tenders should be submitted for one or more lots Lot No II.1.9) Variants will be accepted No II.2) QUANTITY OR SCOPE OF THE CONTRACT II.2.1) Total quantity or scope (including all lots and options, if applicable) The value of GBP 2000000000 is the estimated potential value based on known participating Bodies. The value of participation by the wider public sector cannot be calculated accurately or guaranteed - but has nevertheless been incorporated within a range of GBP 2000000000to GBP 4000000000 for the duration (including the extension option referred to at Section II.2.2) If known, estimated value excluding VAT (give figur es only) OR range: between and Currency II.2.2) Options (if applicable) YesIf yes, description of these options The framework contract has the option to extend for up to a further 12 months. The total estimated value stated in Section II.1.4.2 includes the option period.

If known, provisional timetable for recourse to the se options: Period in month(s) or day(s) (from the award of the contract) Number of possible renewals (if any): or Range: between and If known, in the case of renewable contracts, estimated time-frame for subsequent cont racts: in month(s) and/or days (from the award of the contract) II.3) DURATION OF THE CONTRACT OR TIME PERIOD FOR COMPLETION Either: Period in months And / or days (from the award of the contract) Or: Starting 01/04/2011 And/or ending 31/03/2014

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNIC AL INFORMATION

III.1) CONDITIONS RELATING TO THE CONTRACT III.1.1) Deposits and guarantees required (if appli cable) III.1.2) Main financing conditions and payment arra ngements and/or reference to the relevant provision s regulating them III.1.3) Legal form to be taken by the grouping of economic operators to whom the contract is to be awarded (if applicable) Joint and several liability III.1.4) Other particular conditions to which perfo rmance of the contract is subject (if applicable) Yes If yes, description of particular conditions The Supplier agrees that there shall be no discrimination by it against any person with respect to opportunity for employment or conditions of employment, because of age, culture, disability, gender, marital status, race, religion or sexual orientation. The Supplier shall in all matters arising in the performance of the Agreement comply with the provisions of the Sex Discrimination act 1975 and the Disability Discrimination Act 1995 and any regulations made there under. The Supplier shall in all matters arising in the performance of the Agreement comply with the provisions of the Employment Equality (Age) Regulations 2006. The Supplier must comply with the provisions of the Race Relations Act 1976, the Race Relations (Amendment) Act 2002 and the Equality Act 2010 and shall ensure that they perform their responsibilities under this Agreement with due regard to the need to eliminate unlawful racial discrimination, and to promote equality of opportunity and good relationships between different racial groups. III.2) CONDITIONS FOR PARTICIPATION III.2.1) Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers Information and formalities necessary for evaluatin g if requirements are met Information and formalities necessary for evaluatin g if requirements are met As detailed in Invitation to Tender III.2.2) Economic and financial capacity Information and formalities necessary for evaluatin g if requirements are met (If applicable) Minimum level(s) of standards possibly required (if applicable) As detailed in Invitation to Tender III.2.3) Technical capacity Information and formalities necessary for evaluatin g if requirements are met (If applicable) Minimum level(s) of standards possibly required (if applicable) As detailed in Invitation to Tender III.2.4) Reserved Contracts (if applicable) III.3) CONDITIONS SPECIFIC TO SERVICES CONTRACTS III.3.1) Execution of the service is reserved to a particular profession If yes, reference of the relevant law, regulation o r administrative provision III.3.2) Legal entities should indicate the names a nd professional qualifications of the staff respons ible for the execution of the service

SECTION IV: PROCEDURE

IV.1) TYPE OF PROCEDURE Open procedure. IV.2) AWARD CRITERIA IV.2.1) Award criteria (please tick the relevant bo x(es)) B) The most economically advantageous tender in terms of: B2) the criteria as stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document. IV.2.2) An electronic auction will be used No If yes, additional information about electronic auc tion (if appropriate) IV.3) ADMINISTRATIVE INFORMATION IV.3.1 File reference number attributed by the cont racting entity (if applicable) 653F IV.3.2) Previous publication concerning the same co ntract Yes

If yes: Periodic Indicative Notice IV.3.2.1) Notice number in OJ: 10/S 48-70830 Of 10/03/2010 IV.3.2.2) Other previous publications Notice number in OJ: Of IV.3.3) Conditions for obtaining specifications and additional documents (except for a DPS) Time-limit for receipt of requests for documents or for accessing documents 26/11/2010 Time: Payable documents No If yes, Price (give figures only): Currency Terms and method of payment IV.3.4) Time limit for receipt of tenders or reques ts to participate Date 06/12/2010 Time 17:00 IV.3.6) Language(s) in which tenders or requests to participate may be drawn up English Other - third country IV.3.7) Minimum time frame during which the tendere r must maintain the tender Until Or months from the deadline stated for receipt of t enders Or days from the deadline stated for receipt of ten ders 90 IV.3.8) Conditions for opening tenders IV.3.8.1) Date, time and place Date Time Place (if applicable) IV.3.8.2) Persons authorised to be present at the o pening of tenders (if applicable) If yes, authorised persons

SECTION VI: COMPLEMENTARY INFORMATION

VI.1) THIS IS A RECURRENT PROCUREMENT (if applicabl e) If yes, estimated timing for further notices to be published: VI.2) CONTRACT(S) RELATED TO A PROJECT AND / OR PRO GRAMME FINANCED BY EU FUNDS If yes, reference to project(s) and / or programme( s) VI.3) ADDITIONAL INFORMATION (if applicable) This is a voluntary Schedule B - Residual Services Notice. The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (SMEs). For the avoidance of doubt, the contracting authority confirms that no weight will be attached to whether or not an economic operator is an SME in selecting economic operators to participate or in assessing the most economically advantageous tender. Electronic Auctions shall not be used in establishing this framework, however they may be used by any Customer or Pro5 organisation choosing to re-open competition underneath the framework (further information is provided within the Invitation to Tender document). A briefing meeting for Tenderers will be held at ESPO on 4th November 2010, starting at 10:30a.m. The purpose of the meeting is to enable tenderers to ask any questions they may have about the services required, the framework, its structure, the evaluation process etc. There will be no presentation or overview of the documentation given; therefore there will be an expectation that attendees will have read the document prior to attending. A summary of the questions asked and answers given will be drawn up after the briefing meeting and will be shared with all tenderers. Attendance is not mandatory and will have no bearing on the procurement process. Should you wish to attend the briefing meeting you must register your interest in advance by emailing Michelle Watkins at ESPO ([email protected]). Dependant upon the level of interest, places may be limited and will be allocated on a first come first served basis, with only one person per organisation permitted to attend. You must use the reference 653F/11 in any communication and confirmation of your attendance and details of the venue shall be provided. VI.4) PROCEDURES FOR APPEAL VI.4.1) Body responsible for appeal procedures Body responsible for mediation procedures (if appli cable) VI.4.2) Lodging of appeals (please fill heading VI. 4.2 OR if need be, heading VI.4.3) Precise information on deadline(s) for lodging appe als: ESPO, on behalf of the Pro5 Group, will incorporate a minimum 10 calendar days standstill period at the point information on the decision to award the contract is communicated to tenderers. This decision notice will incorporate the award criteria, the reasons for the decision,

the reasons (if any) why a tenderer did not meet any technical specification, the identity of the successful tenderer(s) and a precise statement of when the standstill period is expected to end. Any appeal or challenge against the award decision must be communicated to the address stated in section I.1 within the standstill period. If an appeal or challenge regarding the decision to award the contract has not been successfully resolved the Public Contracts Regulations 2006 (as amended) provide for aggrieved parties who have suffered harm or are at risk of harm by a breach of the procurement rules to take action in the High Court (England Wales and Northern Ireland). Any such action must be brought promptly (generally within 3 months) (NB this time limit may be reduced to 30 days in circumstances where the contract award has been publicised to all participants in accordance with the Regulations). Where a legal challenge is launched against the award decision ESPO is obliged to suspend the making of the contract. Where a challenge is made after the contract has been entered into then that contract could be declared ineffective and/or shortened and/or a fine imposed by the court, but only where the court are satisfied that there has been a serious breach of the procurement rules. VI.4.3) Service from which information about the lo dging of appeals may be obtained VI.5) DATE OF DISPATCH OF THIS NOTICE 22/10/2010 END OF NOTICE

ANNEX 3 – SUPPLIER PROFILES BY LOT

Contact details/ Service model and delivery / Prici ng

1(a) 1(b) 2(a) 2(b) 3(a) 3(b)


Corporate Staff (excluding

Education staff)

Managed Service


(excluding Education staff)

Managed Service


staff


Corporate Staff and Education

staff

Managed Service


Managed Service


only

SUPPLIERS Supply Chain Management






Adecco � � � � �

Blue Arrow � �

Carlisle Managed Solutions � �

Comensura � � �

Hays � � � �

Kent Top Temps �

Manpower � � � � � �

Matrix SCM � � �

Pertemps � �

Randstad � �

Reed � � � � � �

ADECCO

Lot(s) Awarded: 1(a) 1(b) 2(a) 2(b) 3(a)

Sub Lots (a) will be delivered by Beeline (an Adecco Group Company) and sub lots (b) delivered by Adecco

Name of Contacts: (contact both named persons)

Sarah Blancke-Smith Yasmin Topia

Position: Group Business Development Director

Business Development Manager

Address: Hazlitt House 4 Bouverie Street London EC4Y 8AX

Livery Place, 5th Floor, 35 Livery Street, Colmore Business District, Birmingham, B3 2PB

Telephone Number: +44 (0) 7792 658 406 0121 234 9200

Mobile Number: 07792658406 0775 387 1903

Fax Number: +44 (0) 20 7300 9090

Email Address: [email protected] [email protected]

Website: www.adecco.co.uk

Overview of Service Delivery Model

ADECCO - Lots 1(b) and 2(b)

The Adecco Group has extensive experience in delivering high volumes of contingent staffing to the wider public sector across multi skill disciplines and geographies through a number of engagement models. We currently supply over 1,500 temporary and contract workers to more than 300 local authorities. Our turnover within local government exceeds £100 million and, across the public sector in its entirety, £300million – a figure which equates to 20% of our group annual turnover, highlighting our demonstrable experience within this sector, experience which we believe will be critical to our capacity to respond most effectively to the challenges faced by local authorities. Which means we can very quickly develop an individual solution which suits you, your individual needs and achieves your goals, very quickly.

In terms of our experience in delivering effective managed service solutions; we operate over 65 managed service programmes. Within the scope of our managed service solutions alone, we place and manage in excess of 5,500 professional staffing contractors, 6,000 general staffing temporary agency workers and a supply chain which comprises more than 300 agencies, c. 30% of which are small and medium enterprises.

It is very important for us to address individual needs on a local level, by providing a high touch localised service rather than rolling out a standard, one-size-fits all centralised model. As part of our commitment to local authorities, we will therefore provide local on-site or off-site delivery and account management teams, supported by a an over-arching, MSTAR account management and central services structure (including safeguarding, technology, equality and diversity, supply chain management).

The industry leading brands which reside within the Adecco Group, notably Adecco retail, Badenoch & Clark and Spring Technology, will enable us to source and identify high quality candidates which will allow our service delivery teams to meet 100% of each customer’s contingent and contract resource requirements, irrespective of the scope, diversity or complexity of their needs.

Supported centrally, the following elements will be delivered in partnership locally:.

• Service level agreement management

• Fulfilment / delivery management

• Supply chain management

• Delivery of cost saving initiatives

• Safeguarding checks/compliance management

• Induction and performance management

• Regeneration and sustainability

The technology platform which forms the basis of our solution, underpinning every aspect of the recruitment lifecycle, is the Adecco Group web-based vendor management software (VMS) – Beeline. The implementation of a sophisticated VMS tool is absolutely integral to running a successful managed service programme. Beeline VMS automates the process of procuring, managing and analysing entire contingent and project based labour and interfaces seamlessly with common office and enterprise ERP solutions.

We are very excited about the prospect of working with you and look forward to being in contact!

BEELINE (an Adecco Group Company) - Lots 1a, 2a an d 3a

Beeline Managed Services (MSP), powered by Beeline VMS, offers an onsite or offsite flexible solution addressing a comprehensive range of Vendor-neutral recruitment process management. The solution is configured specifically to customers' requirements and results in improved processes, centralised process management, improved cycle times, reduced costs, effective supplier performance, elimination of maverick spend and real-time visibility into services spend categories. As the MSP, we work with each organisation to set priorities, formulate strategy, conduct business planning and perform dispute resolution. We feel our approach is unique in that we can personalise the plan for each customer, taking into account the uniqueness of each. The components of our MSP solution may include:

i) Financial Management: By leveraging Beeline's proprietary analytical reporting tool (SmartView®) our MSP teams are able to provide organisations with executive-level, strategic reporting, allowing forensic analysis of past and present data trends across geographies, labour categories, spend commodities, hiring managers and job titles. It can also predict future trends and spot seasonal recruitment peaks.

ii) Risk Management: Beeline's MSP employs processes, visibility, practices, audits, and tests to mitigate customer risks associated with contingent labour. Risks include co-employment, contract compliance, government regulatory compliance and internal workforce regulatory compliance. The VMS technology tracks rate adherence and carefully monitors tenure thresholds and service gaps, which will prove vital in the execution and monitoring of the Agency Worker Directive.

iii) Supplier Management: Beeline's MSP has over a 99% supplier adoption track record across all programmes. Beeline manages supplier performance metrics and ensures quality recruitment enforcement. It facilitates a supplier performance management strategy that objectively measures supplier scorecard reviews, conducts supplier summits and aggregates the supplier marketplace accordingly.

iv) Process Management: Beeline's MSP facilitates full lifecycle procure-to-pay management of contingent labour, project contractors, and both in- and outsourced labour.

v) Change Management: Beeline is well versed in the intricacies of change management and elements of implementing and operating a successful Managed Services Programme. We focus on the change impact, constituent support and communication channels necessary for adoption.

vi) SmartView™: SmartView is Beeline’s collaborative and interactive visual analytics tool used to build comprehensive, interactive reports for executive, strategic level presentation intelligence.

SmartView offers a 360° graphical display into an o rganisation’s programme to improve operational efficiencies and enable complex decision analysis. SmartView delivers data in a presentation format and enables users to identify outliers for “What if” analysis. Beeline’s Quarterly Business Review and HealthCheck offerings are powered by SmartView.

vii) MSP HealthChecks: An annual formal review of the performance of the MSP, validating programme compliance to best practices and roadmap potential programme improvements. Programme HealthChecks assess account efficiency, effectiveness, best practices delivery, programme consistency as well as assist Beeline Consulting Services and MSP in understanding program successes, potential improvements and assure value creation for our customer.

viii) Category Spend Management: Beeline is well versed in ascending customer’s spend in scope to include addition spend categories including: project services, consulting services, on / offshore and other complex services spend categories. This includes validating worker engagements and conduct to ensure each assignment is correctly categorised to minimise risk.

ix) Recurring Savings: Beeline will drive reductions in average rates by creating an environment where all positions are competitively bid on by a preferred supplier base and actively negotiating individual requisition terms. The average reduction in costs is in excess of 10% including primary hard and soft savings categories.

Pricing

Available on request from the named contacts on page 4.

BLUE ARROW

Lots Awarded: 1(b) 2(b)

Name of Contact: Laura Van Zyl

Position: Public Sector Director

Address: 800 The Boulevard Capability Green Luton LU1 3BA

Telephone Number: 01582 692692

Mobile Number: 07738 035 161

Fax Number: 01582 698698

Email Address: [email protected]

Website: www.bluearrow.co.uk


Blue Arrow Limited offers both capability and expertise in providing a managed service solution, both on and off-site, to a wide range of organisations. Our public sector division currently provides a managed service solution across a wide section of public and unitary bodies, such as City of Edinburgh Council, and to wider public sector bodies, such as the NHS North West Collaborative Commercial Agency, Barnet Homes and Surrey University, maximising efficiency and productivity of their workforces.

Our managed service delivery model utilises e-volution, an IT platform which allows full visibility to customers, our supporting suppliers, our own branches, and support services. This allows for on-line bookings, timesheeting, consolidated invoicing and selfbilling, thus reducing back office costs for all parties. e-volution, allows all bookings to be vended out in a free and fair process, with supplier contact encouraged with certain departments such as Social Care and Education to allow specialist requirements to be met. e-volution is currently used in over 35 clients, managing over 8,000 temporary and 20,000 care bookings per week.

Blue Arrow ensures that our temporary workforce are in line with customer pay scales and not necessarily market pay scales and offers expertise in AWD advice, implementation and monitoring. Having pay parity across the contract with clear fixed pence margins, allows all suppliers to have a level playing field in terms of the candidate attraction. Our recruitment process, allows Blue Arrow, and support suppliers to source temporary workers with experience within the customers sector and those who are attracted to the customers sector, through a fair and non-discriminatory process whilst meeting the job description requirements as set by the customer.

We meet our supporting partners face to face, 90% of whom are SMEs and local agencies to the customer, and work closely with them in a true partnership approach, which ensures we meet customer requirements in full and in line with service level KPIs. Our managed service model incorporates our affiliated companies within the Impellam Group. Blue Arrow has included these companies within our standard model (where we supply 50-70% of temporary agency workers direct), allowing us to offer our supporting partners a fair share of the contract, gaining true buy in from these suppliers and thus ensuring that they are as driven as Blue Arrow to fulfil service levels. Blue Arrow passes on the full fixed pence margin to suppliers minus the booking fee.

Management information is received at the press of a button, giving customers full access to spend levels, departmental usage, who is supplying where, length of service, ethnicity and a large variety of other reports, meeting the requirements of the HR, procurement and hiring manager community.

Partnership is key to Blue Arrow delivering savings and a quality service to customers. Our dedicated and experienced account teams work with customers throughout the lifetime of the contract, driving year on year savings and efficiencies to service delivery.

Pricing


CARLISE MANAGED SOLUTIONS

Lot(s) Awarded: 2(b) 3(b)

Name of Contact: Mark Coyle

Position: Director

Address: 5th Floor 5 Devonshire Square London EC2M 4YD

Telephone Number: 0207 562 1740

Mobile Number: 07917 260472

Fax Number: 0207 562 1699


Website: www.carlislems.co.uk


Carlisle Managed Solutions leads the way in providing outsourced solutions for temporary and non-permanent staffing. Carlisle’s focus on high quality and continuous improvement of service delivery has resulted in an enviable track record of client retention. Carlisle has never lost a client through a competitive re-tender.

Carlisle Managed Solutions:

• regularly achieves fulfilment of 99.9% for our client organisations

• processes an average of 30,000 timesheets per month via our technology platform

• has over 500 contracted suppliers

• technology platform, Evolution, provides accurate and real-time management information on recruitment spend. Evolution also reports on environmental factors and has saved over 2.47 million sheets of paper through on-line timesheets and self-billing

• has a commitment to excellence and holds Investors In People, ISO 9001 and ISO 14001 accreditations

• is part of Impellam Group plc, one of the largest recruitment organisations in the UK, and can call upon the supply expertise of a number of specialist recruitment agencies.

Our outsourced recruitment model

Carlisle manages temporary labour supply on behalf of your organisation. The foundation of our outsourced recruitment model is a team of recruitment specialists that implements and manages new and efficient recruitment processes in your organisation. To ensure you receive 100% fulfilment of all temporary agency worker vacancies, Carlisle implements a recruitment model that is most appropriate for your organisation. Our recruitment specialists work with your Hiring Managers to take a brief for each vacancy, manage the recruitment process on your behalf and provide your Hiring Managers with a shortlist of suitable candidates. Once a temporary agency worker is placed, the team will engage with the Hiring Manager to actively solicit feedback on the worker’s performance throughout their assignment in your organisation. Our outsourced model also provides strategic support to your organisation. A dedicated Account Director attends regular performance review and workforce planning meetings to ensure your future hiring needs are consistently achieved.

The Benefits of Working with Carlisle Managed Solut ions

Putting your resourcing in specialist hands

Our expertise is in outsourced temporary recruitment. Your organisation benefits from a dedicated team of recruitment specialists that becomes embedded in your organisation, understands your recruitment needs across multiple departments and ensures each temporary agency worker role is filled with the right quality of candidate and to your timescales.

Lowering your direct costs

Your costs of hiring are reduced through our ability to effectively manage your recruitment spend. This includes managing a supply chain of contracted recruitment agencies, negotiating agency margins, reducing your recruitment advertising spend, managing the hiring process on your behalf and, in some instances, decreasing your reliance on recruitment agencies.

Lowering your indirect costs

By outsourcing your temporary recruitment to Carlisle, you release your Human Resources Department to focus on strategic initiatives and your Hiring Managers the freedom to concentrate on managing their teams. We recruit on your behalf by providing a complete service that manages everything from recruitment campaigns, candidate screening, interviews, testing and inductions.

100% fulfilment

Fulfilment of all your Hiring Manager’s needs will be achieved by the Carlisle recruitment specialists leveraging Impellam Group plc’s specialised recruitment brands and a supply chain of over 500 contracted recruitment agencies covering all industry sectors and locations across the United Kingdom. This combined capability will enable Carlisle to source and manage all temporary agency workers across your organisation.

Reducing the time it takes to hire

Through regular workforce planning and engaging closely with your organisation, we develop resources of talent, known as ‘talent pools’, for areas of your organisation with high dependency on temporary agency workers. These talent pools contain ready to work temporary agency workers that can be assigned to your organisation when you need them.

Fact based decision making

Defined by your targets and service requirements, our real-time management information and monthly reports provide all the information you need to check progress, identify spending and benchmark your organisation. Carlisle is also the first recruitment outsourcing company to track recruitment activity against lean six sigma methodology. Our Meritas quality assurance platform analyses and identifies problems in recruitment processes. For example, by implementing Meritas across five of our local government clients, we dramatically reduced the percentage of Care Assistants failing to show for work from 5.2% to an industry leading 0.17%.

Sustainable supply chains

Our recruitment specialists continuously engage with recruitment agencies to ensure they are fully aware and are prepared for future temporary worker vacancies. Carlisle recognises the importance of local and SME suppliers to your organisation and actively sources agencies that meet this criteria.

Shaping our service to your changing needs

We provide a fully flexible and scalable service that adapts to your fluctuating recruitment needs, without harming the quality of your results. Our ability to offer end-to-end recruitment solutions from workforce planning through to the engagement of temporary agency workers means we are able to offer a service that continues to add increasing value as your needs change.

Pricing


COMENSURA

Lot(s) Awarded: 1(a) 2(a) 3(a)

Name of Contact: Charles Austin

Position: Client Services Director

Address: 800 The Boulevard Capability Green Luton Beds LU1 3BA



Fax Number: 01582 692112


Website: www.comensura.co.uk


Since 2001, Comensura has worked with many organisations to save them money by managing the supply of temporary, interim and contract workers and simplifying the way they interact with external service providers. Our services are proven in over 100 organisations.

Comensura:

• manages over £415m of local government temporary recruitment spend per year

• processes approximately 60,000 timesheets per month

• has over 2,300 contracted suppliers registered throughout the United Kingdom

• in 2010, saved local authorities in excess of £40 million of direct savings

• has 99.8% fulfilment across all client organisations.

Our service provides a combination of enabling technology, day-to-day client support and local government expertise to implement and manage a robust, systematic and simplified approach to managing agency spend.

The Key Features and Benefits of Comensura

• Direct cost savings – your organisation benefits from Comensura’s collective purchasing power and, by combining this with your own temporary recruitment spend, we deliver significant savings for your organisation through perpetual procurement of agency margins. Comensura stimulates competition in your supply chain by delivering direct and indirect cost savings through an established supplier network, improvement and measurement of business process and sustained contract performance.

• Visibility and control of spend – Our market leading technology system, C.Net, monitors and controls every recruitment transaction and via our real-time reporting suite, enables your organisation to have an accurate measurement of spend across your organisation. This enables your organisation to make informed decisions based on accurate, robust and factual detail.

• Process and efficiency improvement – C.Net is easy to use and gives each and every Hiring Manager the ability to own the ordering process for temporary agency workers. All transactions are processed and managed in a uniform and consistent way to increase efficiencies and economies of scale.

• Quality of service – Our approach provides your organisation with access to the widest choice of high-quality temporary agency workers across all job categories and skill sets. We create and maintain a sustainable, flexible supply chain and we proactively engage with suppliers to ensure that they continue to provide high quality candidates.

• Safeguarding – Your organisation benefits from the confidence that all temporary agency workers meet your safeguarding requirements and that documentation, processes and quality controls are fully auditable, visible and available at any time.

• Promoting diversity – Our approach is to be both fair and neutral to all suppliers regardless of their size or standing in the market place. Our transparent and multi-faceted approach to scoring suppliers, known as a ‘balanced scorecard’, scores and ranks suppliers on their performance. This focus on service delivery and quality of candidate ensures small or local agencies can compete equally with larger, well known recruitment agencies.

The Key Components of the Comensura Service

Implementation management - Design and deploy an agreed implementation programme which is based on your organisational objectives.

Process and transaction management – Create a range of specific process workflows which enables seamless transition for your organisation to complete temporary agency workforce order management, temporary agency worker selection, timesheet management and consolidated invoice generation.

Supplier contracting and performance management – Identify, evaluate, source, and audit suitable suppliers, which will be contracted to the Comensura model. This programme delivers sustained cost savings and efficiency gains in a measured and controlled environment.

Pay rate baseline and margin benchmarks - Establish consistent and uniform pricing and charging mechanisms which clearly outlines contracted cost and future state savings across all categories of temporary agency workers, year on year.

Use and application of technology - Streamline, and manage all administrative elements of the recruitment process to create an efficient, fully auditable and transparent solution.

Pricing


HAYS

Lots Awarded: 1(a) 2(a) 3(a) 3(b)

Name of Contact: Anthony Breen

Position: Corporate Sales Director

Address: 2nd Floor 130 Wilton Road London SW1V 1LQ



Fax Number: 020 7510 5432


Website: www.haysplc.com


As one of the UK’s leading suppliers of innovative managed services, Hays has the depth of MSP knowledge, breadth of expertise and proven capability to define, implement and deliver flexible and scalable resource supply chain management MSP (for Lots 1a, 2a and 3a) and resource pool management MSP (for Lot 3b) that meet the full specification defined in 12.1 of this tender. The following is an overview of our proposed methodologies designed to deliver 100% of temporary agency worker requirements through a 100% neutral service.

Output and Benefits Realisation

Individual MSTAR customers specific output and benefit requirements are identified and benchmarked at the outset of a Hays delivered MSP service. These outputs are defined and agreed during service implementation so that we can work in partnership to achieve the required outputs.

Cost Reduction Programme

Hays will deliver cashable and non cashable savings to MSTAR customers irrespective of whether they are first, second or third generation MSP users. Target savings will be defined and agreed on an individual basis and will be monitored and reported throughout the term of service. The cost reduction programme will run alongside a continuous improvement programme designed to enhance the services delivered and stakeholder experiences.

Implementation & Change Management

Hays is second to none in successfully implementing and delivering innovative MSP solutions within public services and particularly to local authorities including Haringey, Barnet, Westminster, Camden and Merton London Boroughs as well as Northampton County Council, Buckinghamshire County Council (delete) and Newport City Council. MSTAR customers will be fully supported throughout implementation, business as usual and continuous improvement service cycle.

Communication

Hays will design and deliver a structured communication plan so that all stakeholder groups are consistently well informed throughout the service cycle.

MSTAR Dedicated Service & Order Management Team.

At the heart of our MSP service delivery model for Lot 1a is a flexible team of public services temporary managed recruitment experts who will be focused on MSTAR customers. The service and order management team is fully adaptable and agile enough to quickly react to changes in customer requirements. The service delivery team will provide the highest level of strategic and operational expertise available in the UK and will deliver a single streamlined MSP solution to MSTAR customers.

E-enabled Recruitment Technology

Hays will provide all stakeholder groups with 24/7 access to bespoke E-enabled recruitment technology that will streamline process and co-ordinate the provision of temporary workers.


Hays has an established approved supply chain in excess of 650 suppliers, we are experts at engaging suppliers and building relationships, which is critical to the success of a supply chain management MSP serving MSTAR customers. The supply chain will be tailored to individual MSTAR customer needs and will also focus on supporting local SME and BME suppliers. Hays will manage supply chain rates to balance cost savings and effective supplier engagement.

Management Information

Hays will provide as a minimum the management information specified, we will use this information to proactive identify, management and wherever possible minimise customer expenditure and maximise savings.

Robust Safeguarding

Hays utilises a dedicated team to deliver the most rigorous risk management, best in class vetting and safeguarding to provide a comprehensive audit process for our approved supply chain in order to minimise risk to MSTAR customers

Continuous Improvement

Inherent within our MSP solution is our proven methodology to deliver continuous improvement and ensure that service evolves to remain ‘fit for purpose’ incorporating our customers changing requirements and continuing to maximise cost reductions, service improvements and efficiency savings.

Pricing


KENT TOP TEMPS

Lot Awarded: 3(b)

Name of Contact: Clare Burgess

Position: General Manager

Address: Gibson Drive Kings Hill West Malling Kent ME19 4QG


Mobile Number: 07850715788

Fax Number: 01732 221436


[email protected]

Website: Clare Burgess


When you enter into a contract with Kent Top Temps Ltd we will provide you with an Account Manager to ensure a smooth transition between your current processes and the new contract start date.

The Account Manager will look at a current condition analysis, which is aimed at letting us understand the goals of the contract as well as your Hiring Manager’s needs. This will enable us to draw up a tailored programme to suit the customer from either call-off or mini-tender so we will effectively improve your procurement process from day one of the Contract and agree the finer/local details of the contract and performance indicators.

The current condition analysis will be overseen and implemented by your Kent Top Temps Ltd Account Manager and their team. Your contact with the Account Manager will continue throughout implementation, becoming a lasting relationship with Kent Top Temps Ltd. Your Account Manager will provide day-to-day contact, in conjunction with our client support services, and will be responsible for administering the Contract, resolving any issues and, if appropriate, training your Vendor Managed System users.

We select local and national suppliers, and set up supply frameworks and common contracts to ensure a simplified process.

We select suppliers by a staged process. Where possible to ensure continuity, we look first to use 100% of our customer’s current suppliers. The next stage would be to look at suppliers who already supply through our contracts. Kent Top Temps will next look to ongoing supplier recruitment to apply to become a Kent Top Temps preferred supplier ensuring we vet their performance to ensure an outstanding level of service and to meet 100% supply fill rate.

On contract agreement full introductory user training will be provided, supported by our Operations and your Account Manager before implementation. Our team will ensure supplier training is given and details of the contract needs, requirements for compliance and auditing are provided prior to the commencement date.

On receipt of confirmation of award, Kent Top Temps Ltd will meet with the outgoing supplier to discuss a change management procedure that meets with all parties to gain a smooth transition of service. From agreement to go live could be as little as 60 days.

We will manage and rate your suppliers’ performance, checking they meeting the criteria of the contract and supply.

Your contact with the Account Manager will continue throughout implementation, and will provide day-to-day contact supported by each specialist sector recruitment consultant or team of consultants and our support services. We recommend that our Account Manager meets with the customer each week for the first 3 months of the contract and thereafter one every month.

Our systems persuade suppliers to excel in their performance. For 3 months results are monitored thereafter a structured system of tiering that offers incentives for suppliers to perform well will be put into place. This regulates suppliers based solely on performance.

Tiering is granted based on goals and objectives that are clearly laid out at the beginning of the contract and primarily are based on quality, response times and candidate availability.

Using our web-based Vendor Managed System supplier management is transparent and unbiased, promotes excellent fulfilment levels and is open to new suppliers where the need arises (job category specific). Our business model is flexible and can be adapted to suit all customer needs from small adhoc requirements, shift and regular placements to large turnover requirements including hybrid options.

Pricing


MANPOWER

Lots Awarded: 1(a) 1(b) 2(a) 2(b) 3(a) 3(b)

Name of Contact: Nick Heckscher

Position: Strategic Client Director – Public Sector

Address: Capital Court Windsor Street Uxbridge UB8 1AB



Fax Number: 01895 205201


Website: www.manpowerpublicsector.co.uk


Manpower has been appointed to all 6 lots of the Framework, and offers differentiated solutions for both Supply Chain Management and Resource Pool Management Services.

Our delivery structure has been designed to blend our Global Leadership in supply chain management activity (£300m UK and $3billion worldwide revenues), with our experience delivering contingent and permanent recruitment workforce solutions for Local Government, which dates back to 1999. This model has been tried and tested in the UK marketplace, and is currently in operation for multiple Local Authorities as well as some of the world’s leading private sector companies. Some of our relevant experience is written up in case studies at www.manpowerpublicsector.co.uk

Our approach segments the primary activities, in order to ensure that experts meet the unique challenges presented in each area.

We envisage four core delivery areas, linked by Manpower’s online order management tool, CMS:

Contract Governance: Ensures that the service is consistent and draws on best practice from across all similar customer contracts.

Local Account Management: Aligns our service to the specific needs and demands of individual customers, both at a corporate and departmental level.

Order Management: To support supplier engagement and transparency, order management will be delivered through our shared service centre. For Supply Chain Management clients, this will be supported by our Tapfin brand, to ensure high levels of neutrality and supplier engagement.

Supply Chain Recruiters : We work with over 400 pre-approved, audited recruiters, and would welcome the opportunity to work with you to construct a supply chain solution that best meets your local skill challenges.

These core areas, illustrated below, are supported by IT Support, Billing and MI, Supplier Management, Compliance and Transition experts, who will be aligned to our MSTAR customers.

Why Manpower?

• We have been providing these services to the public sector for longer than any other supply chain management organisation

• Our operating model is segmented into four key areas, ensuring that you work with experts, whatever your requirement

• We are one of only 2 providers appointed to all 6 lots, meaning we can objectively consult and advise you on the best model for your needs, rather than ours!

• We were the only bidder to be ranked in the top 2 places when considering quality and cost combined for all 6 lots

• We have a significant Project Management Team, run separately to delivery, allowing our service teams to focus on delivery issues, whilst implementing solutions swiftly and in a well managed fashion

• We have the additional benefit of the market-leading Tapfin brand supporting delivery to promote neutrality and supplier engagement

• We have over 400 tiered agencies, pre-audited and ready to recruit the full spectrum of staff required by Local Government

• We have provided services to clients buying 1st, 2nd and 3rd generation solutions

• We provide services to County, District and Unitary Authorities, often under collaborative arrangements

• We have proposed competitive pricing, which will initially save you money, and is constructed to incentivise us to identify and realise additional savings over time

We are a financially stable organisation, with over $16bn global revenues and a consistently strong financial performance in the UK, even in the face of the recent recession.

Pricing


MATRIX

Lots Awarded: 1(a) 2(a) 3(a)

Name of Contact: Andrew Weston

Position: Sales & Implementation Director

Address: 249 Midsummer Boulevard Central Milton Keynes Bucks MK9 1EA



Fax Number: 0844 371 4707


Website: www.matrix-scm.com


About Matrix SCM

Matrix SCM is a leading provider of supply chain management solutions to the public sector. Through a combination of people, process and technology Matrix SCM streamlines and automates the process by which public sector organisations recruit temporary agency staff.

Matrix SCM is currently responsible for managing a combined annualised spend on temporary agency staff of £300m, on behalf of 42 public sector organisations across the UK. We engage with over 9000 local suppliers across the UK, who are responsible for the provision of between 7500-8500 temporary workers each week, servicing the needs of over 20,000 Matrix SCM client locations across the UK.

Matrix SCM has delivered its current public sector client base net cashable savings equating to £30m per annum, as well as considerable indirect cost savings and process efficiencies.


By partnering with Matrix SCM, public sector organisations will outsource the end to end process of recruiting temporary agency staff, from supplier accreditation and enrolment through to supplier invoicing and payment. Matrix SCM views the end to end process to comprise of 11 component parts. By viewing the process in this way, our solution will allow public sector organisations to achieve greater control over their use and engagement of temporary workers by establishing, implementing and enforcing key policy decisions for each component part of the end to end process. Matrix SCM considers our solution to be unique on this basis.

Matrix SCM.net

Technology is central to delivery of the Matrix SCM supply chain management solution. To that effect, all public sector organisations will be provided with access to Matrix SCM’s proprietary web-based technology system – Matrix SCM.net. Matrix SCM.net will allow public sector organisations to submit all their requirements for temporary agency staff to suppliers directly over the web. In turn suppliers will be required to submit candidates and interact with client users via our system. Matrix SCM.net will allow for the automation of all parts of the end to end process from requirement creation through to supplier payment. Public sector organisations will also be able to generate a wide range of real time management information reports in order to support strategic decision making. Matrix SCM.net also incorporates a sophisticated balanced scorecard which objectively measures supplier performance and is used to tier our supply chains.

Matrix SCM Operations Centre

Matrix SCM recognises that not all client users will have internet access. To that effect, client users will be able to submit their requirements for temporary agency staff over the telephone by contacting the Matrix SCM Operations Centre. The Matrix SCM Operations Centre is contactable 24 hours a day, 7 days a week, 365 days of the year. All public sector organisations will be allocated a dedicated Account Manager based within the Operations Centre.

Key Benefits

Adoption of the Matrix SCM supply chain management solution will allow public sector organisations to:

• Reduce their overall spend on temporary agency staff by 10% - 15%

• Achieve considerable back office cost savings and process efficiencies

• Achieve greater control and visibility over their use and engagement of temporary agency staff

• Benefit from a more competitive and localised temporary staffing supply chain – supporting the key statements made in the November 2008 Glover Report

• Reduce their potential exposure – all suppliers are formally enrolled prior to participation in the program and regularly audited to ensure adhere to contractual standards

• Establish, create and implement policy at each stage of the end to end process of recruiting temporary agency staff.

Pricing


PERTEMPS

Lot Awarded: 1(b)

Name of Contact: Peter Dixon

Position: Head of Public Sector Business

Address: Meriden Hall, Main Road Meriden Warwickshire, CV7 7PT



Fax Number: 01676 525009


Website: www.jobsatpertemps.co.uk


Pertemps’ implement and deliver Managed Service solutions with added value to all users, workers, the extended supply chain and the local communities across which we work. We develop partnerships with individual Local Authorities, the local workforce, SMEs and BMEs to the benefit of all helping address local skills, training, diversity and recruitment issues. With this approach resourcing solutions are applied to all categories of temporary, interim and permanent workers subject to prevailing market conditions.

We are mindful of our roots as an SME and it is our preference when setting up arrangements similar to this that we use local agencies as subcontractors within the supply chain. The rationale for this is the positive impact this has in terms of stimulating local markets and positioning clients as employers of choice.

The Pertemps contract delivery teams, local SMEs, BMEs and suppliers of scarce/niche skills would service the requirements. We also work with local employment organisations including JobCentre Plus, Remploy and Shaw Trust to remove barriers to employment by addressing the needs of individual communities and underrepresented groups.

Integral to the model is building and managing client talent pools to ensure we deliver the right quantity and quality of staff within the agreed timescales.

Talent pools include those making speculative applications through to those currently working on assignment within councils, workers ‘at risk’ or being considered for re-deployment and authorities own casual staff pools.

This approach, where Pertemps is seen as a recruitment and HR partner, working alongside individual clients project teams, helps address the key issues of recruitment, diversity and cost savings by tackling the route causes of skills shortages and putting in place workforce planning, demand management, resourcing, training and development strategies. This approach has delivered significant direct and indirect savings across many other public sector contracts.

Employment Contract: Pertemps offer all temporary staff a full contract of employment. Reducing employer’s liability. This contract includes a range of benefits, reducing the differentiation between temporary and permanent employees and helps retain the workforce.

Best Practice Approach to the Care Marketplace: CSCI registered supply chain providing a complete recruitment service for clients in all health and social care.

Technology to underpin service delivery: Pertemps’ web based technology platform is such that orders from user managers can be routed via our contract delivery teams and through to specific suppliers immediately or on a tiered basis. Pertemps also offer a central ordering process, via an RPO (Recruitment Process Outsourcing) facility with dedicated contract phone lines, for those user managers without access to technology.

Pricing


RANDSTAD

Lots Awarded: 1(b) Randstad Holding NV

3(b) Supreme Education

(part of the Randstad Holding Group)

Name of Contact: Sam Weller David Saunders

Position: Sales Director Head of Public Sector Solutions

Address: 2nd Floor, 30 Furnival Street London EC4A 1JQ

2nd Floor, 30 Furnival Street London EC4A 1JQ

Telephone Number: 0207 539 4399 0207 539 4399

Mobile Number: 07990 569437 07795 043272

Fax Number: 0207 539 4398 0207 539 4398

Email Address: [email protected] [email protected]

Website: www.randstad.co.uk www.randstad.co.uk


Randstad specialise in the solution architecture, procurement, screening, placement, management and reporting of flexible workforces across the public and private sectors. With more Managed Service contracts in operation that any other staffing business in the world, including the largest local authority managed service in the UK, Randstad is proven in delivering the resourcing strategies of our customers and meeting their diverse range of staffing needs. Randstad’s unique resource supply capability across the critical skillsets of MSTAR demanders ensures Randstad represent a high value, scalable. low risk partner choice for every customer. With over 230 offices across the UK, Randstad has the local knowledge required to ensure local strategies, economies and supply chains are supported in your area.


Randstad recognise that MSTAR customers want to take current, standard, ordinary service provision approaches and transform these services using proven approaches into extraordinary ones for the communities they support. Randstad shapes the world of work, by listening to the needs of our individual customers – they tell us that for the MSTAR requirement they demand:

• Reduced costs by shifting away from providers who do not and cannot provide niche skillset delivery as Randstad can across the UK

Randstad is proven at generating savings for 1st and 2nd Generation customers. For one customer alone Randstad have delivered almost £10m in savings in taking them into a 1st generation, then 2nd generation solution, before establishing our new MSTAR model.

• Effective supply chain management as a standard attribute not a differentiator of a Managed Service Provider

Randstad manage over £300m in Supply Chain Management delivery across hundreds of suppliers in the UK.

• Effective safeguarding and end-to-end process control

Randstad’s “Gold Standard” Compliance & Safeguarding system which provides 100% real-time, proactive compliance not the industry standard point-in-time approach which is proven to generate non-compliance issues and subsequently reputational damage for customers

• A trusted partner who is agile and scalable and able to meet legislative challenges such as the Agency Workers Regulations

Randstad service models adapt to the customer requirement of the given period, such as in the face of austerity measures and Authority transformation programmes. ensuring that our customers always pay an appropriate cost for managed service provision. Randstad’s range of proven workforce flexibility options enables customers to meet rapidly changing demands and legislation and meet the strategic objectives of the organisation

Randstad’s UK Directors have been at the heart of consultations with BIS on the potential implications of AWR. Our AWR Project Team has been conducting impact assessments for customers all over the country, and Randstad’s AWR seminar programme, including sessions from BIS staff is now in progress around the country. To attend these sessions, contact us using the details above.

• Higher quality resource provision generates higher quality outcomes for communities

100% delivery on a “Right Resource, Right Place, Right Time” basis is fundamental to Randstad and is why our customers retain us year after year, extension after contract extension. Randstad makes a considerable impact across the UK in helping the long term unemployed back into work, assisting the disabled and those with additional needs succeed in their place of work, and our commitment to supporting SME, BMEs and the community agenda.

• Support to the transparency agenda & ensuring resourcing spend is appropriate

Randstad solutions generate accurate data for transparency purposes, but also clear justifications and approvals processes to highlight the value this resource spend generates and the business benefits delivered as a result, ensuring that engagement of support is appropriate and generates a positive impact to the MSTAR customers business.

Randstad’s solution for Lot 1 is therefore a hybrid of the traditional master vendor and managed service (vms) delivery models incorporating the most desired elements of each solution. Most importantly, Randstad is committed to delivering the very highest quality candidates to our clients in the most cost and process efficient manner.

Randstad’s solution for Lot 1 is modular, with each customer able to pick and mix from the offering’s core modules, which include:

1) Pool management of a client’s existing temporary workers or casual staff (black book) through our unique pool management approach

2) Additional resourcing into the pool through our client specific resourcing teams and/or where established our customers own internal resourcing functions

3) Randstad specialist supply capability, supplemented by our local and/or specialist supplier partners

‘Procure-to-Pay’ Technology

Randstad’s solution is underpinned by an end-to-end integrated technology platform for workforce management, bringing together hiring managers, recruiters, employees, candidates, contractors and supplier partners under a single system to streamline processes, increase efficiency and gain control. This system provides a highly configurable, easy to use web-based solution, which can effectively integrate with client HR and Procurement systems, as well as additional service modules.

The system offers:

• Cost control - complete visibility of supplier fees / margins and average salary / pay rates providing credible benchmark data to control and reduce expenditure

• Workflows – embedding client specific workflows, developing consistency and best-practice, for example hiring and requisition authorisation, sign-off, on-boarding, compliance and control

• Role profiles – specific profiles created to source and screen relevant candidates, and tactical questions “weighting” in accordance with compliance and legislative requirements

• Alert functionality - to keep all stakeholders informed of, for example, contract-expiry dates, which prevents last minute contract extensions and negative impressions

• Diversity monitoring – data collection enhancing diversity/equal opportunities

• MI – data is fed directly into MI system providing real time reports

Through our Single Resource Gateway (SRG) approach Randstad deliver transformed services to our customers that are extraordinary not ordinary for the users and communities they support. Our customers are happy to discuss and outline first-hand the benefits of Randstad with any authority or group potentially interested in using the MSTAR framework. If you are looking for an Corporate only solution, or a combined Corporate and Education service, Randstad can deliver on your requirements through our appointment to the MSTAR framework.

Pricing


REED

Lot(s) Awarded: 1(a) 1(b) 2(a) 2(b) 3(a) 3(b)

Name of Contact: Emma Burgess

Position: Practice Director Public Sector

Address: 1 Bedford Street London WC2E 9HG



Fax Number: 0207 632 5789


Website: www.reedglobal.com


Reed’s brand as a direct provider of temporary staff is the strongest in our industry, we recognise the pre-conception this can create within Supply Chain models. Many organisations have created separate brands and companies to deliver these models- the reality being they are ultimately owned and directed by companies which directly supply staff. Reed have chosen approach the neutrality of our offerings through our values. We are committed to being fair, open and honest, taking ownership and working together with you and your supplier communities to build sustainable relationships.

To support this approach, your solution would be branded as your flexible resourcing partner, the supply chain engagement protocols will be clear and transparent and supported via an open book technology platform; demonstrating to both your organisation and panel vendors the neutrality of our offering. This solution is practised and effective across many clients today.

Technology has revolutionised our industry and the MSP solutions available today, but our belief is that many suppliers rely too heavily on technology to manage their service delivery. The platform for Reed is ‘people enabled by technology’ - service standards will be delivered through balancing the best system with dedicated, sector specific, resourcing talent. Our approach is to ensure that technology supports the team as far as possible with transactional tasks to ensure that a more proactive approach to resourcing can be achieved. Our local, regional and national teams will deliver a high quality, ‘hands on’ service to your stakeholders. .

Reed’s supply chain strategy is critical to the success of the MSP - ours is a top-down approach, selecting suppliers based on the unique requirements of your organisation. We challenge ‘tradition’ and the vast numbers of notional relationships with multiple suppliers - rather we aim to partner with the most suitable suppliers to ensure 100% fulfilment with diverse, quality talent. Supply chains are disengaging with many MSP's today with local, SME suppliers reporting they struggle as one of 100 + suppliers with little support or interaction from their MSP, coupled with unrealistic margins. A robust, motivated and sustainable supply chain will be achieved through a new breed of supply chain engagement, disaggregating and forming partnerships which allow suppliers to expand and develop in the marketplace. Creating a robust, motivated and sustainable supply chain for you is arguably the most integral element of the service proposition,

Reed works with over 500 suppliers today. Reed’s solution recognises the supplier base and the integral role it plays both for both your organisation and the local community. Conversely, we recognises that the leverage required to secure the most competitive margins and highest quality can only be achieved through economies of scale suppliers are able to realise through consolidation. Reed’s solution recognises and weights these factors equally within our proposed model offering a solution which is proven, robust and dynamic.

Reed would be pleased to provide clarification on any element of the service specification to support your understanding for call off arrangements. Further information for the Education sector is detailed below.

Overview Of Service Delivery; Resource Pool Managem ent Lots 1(b), 2(b) and 3(b)

Reed has operated as an MSP for over 30 years, delivering this solution to over a hundred customers today. Reed's management structure works as one, four companies providing cradle-to-grave resourcing solutions including; welfare-to-work, learning, online, specialist recruitment and HR Consultancy.

The impact of the spending review is extensive yet other factors such as legislative change will result in your organisation seeking more integrated and sophisticated models. Working with you, Reed can fundamentally re-examine every aspect of the workforce strategy, eliminating all traces of waste, ensuring visibility and transparency for each, valuable, human resource. As a resourcing partner across the wider public sector, Reed has insight of, manages and supports many different supply models, including talent-pools, staff banks, redeployment pools, direct resourcing, work-package and workforce optimisation solutions enabling our clients to achieve their people strategy. The ever changing landscape of procuring a flexible workforce will result in our open-book, partnership approach being fundamental to your future service provision.

Reed’s methodologies will be adapted for you from a platform of flexible modules – the core service will meet all of the service requirements coupled with a menu of flexible services enabling Reed to substantially exceed the expectations of individual Customers.

Reed’s historical roots lie in the provision of agency staffing, with over 30 specialism’s providing C15,000 temporary agency staff across all categories within the wider public sector today. Reed is also key provider of neutral supply chain, and HR solutions. This nuanced understanding of supply chain management and legacy of agency supply enables us to challenge, predict and effectively manage a robust supply chain on your behalf. Reed's strength is that we uniquely provide one route to this dual expertise which forms the basis for our hybrid solution- depicted herein.

Please note Reed is also appointed to Supply Chain Management lots which provide the best fit platform for customers seeking to limit direct supply to between 0-19 %. The hybrid solution offered under Resource Pool Management, provides choice and flexibility where you set the protocols which then allow either 20-49% or 50-70+% direct supply by Reed.

Hybrid solutions ensure your objectives, drivers, current solution and labour challenges can be balanced with the cost benefits to ensure the best fit model. The solution can also evolve throughout the lifecycle of the agreement to meet the political, economic, social, technological, legal and environmental factors which will impact you during the contract tenure.

The MSTAR Framework Shared Service Centre will provide you with control; visibility, aggregation and compliance yet through its modular structure, ensure the flexibility required by such a diverse framework customer base, providing tailored local delivery and account management structures. Reed recognises that one size does not fit all.

Supply Chain Management protocols do not differ from our approach to lot 1 (a). One of the key benefits of contracting with an organisation that directly resources staff itself, is the expertise which can be imparted to the supply chain. Our approach to engaging a balanced supply chain offers a tailored, blended, supply model designed to fulfil 100% of your requirements considering your current arrangements; based upon evolution not revolution.

A first generation Customer will need a supply chain to be built from the ground up, other customers may have notional relationships with hundreds of suppliers, which we will gradually look to rationalise in favour of a true partnership approach with a smaller, strategically selected supplier pool. The perception that a larger supply chain provides competition and opportunity for local and SME's is often unfounded in our industry, properly managed smaller supplier lists can ensure that a minimum of 30% supply is delivered by SME and local suppliers who are motivated to supply quickly, at their best price and with their highest quality candidates. Many SME's who form part of competitors large supply chains today advise they haven't supplied staff for many years yet still appear on the 'list'.

Technology has revolutionised our industry and the MSP solutions available today, but our belief is that many suppliers rely too heavily on technology to manage their service delivery. The platform for Reed is ‘people enabled by technology’ - service standards will be delivered through balancing the best system with dedicated resourcing talent

Our approach is to ensure that technology supports the team as far as possible with transactional tasks to ensure that a more proactive approach to resourcing can be achieved. Our local, regional and national teams will deliver a high quality, ‘hands on’ service to Customers; the visibility and depth of our teams will ensure a ‘high-touch’ service for users, suppliers and the candidate community. Our experience in supporting high volume resourcing means we would be able to drive all facets of the recruitment process from our shared service centre – managing the end-to-end process to deliver quality candidates at speed from a range of delivery teams including 388 Reed branches, 20 Reed regional resourcing centres and the supply chain. Technology also ensures that each candidate meets the stringent vetting and quality checks prior to being placed - the Reed solution does not rely purely on audits, instead taking a proactive approach to ensure safeguarding. Each candidate must have a compliant file including to verified copies before they start, not simply a declaration that this is the case.

Sustainable cost reduction, savings and avoidance will be achieved through an innovative cost down toolkit; developed through extensive experience of reducing costs across a myriad of resourcing scenarios - at various stages of evolution. The toolkit delivers immediate cashable savings and long term cost avoidance; supplier discounts alone cannot achieve the 25% savings Customers seek; indeed, your staffing suppliers are achieving less than this in margin. The cost down toolkit is used throughout the lifecycle of procurement; to ensure that new models adopt best practice from day one or to provide a series of continuous improvement measures throughout contract tenure. Reed is wholly committed to evolving throughout the term of the contract, not only recommending ideas for change, but also adapting our service to ensure we can bring positive development and best value.

Reed would be pleased to provide clarification on any element of the service specification to support your understanding for call off arrangements.

Overview Of Service Delivery for Lots incorporating Education or Education Only Lots 2 & 3

Within the two overview's above Reed have provided a précis of our approach to the models and lots ; the solutions within Education receive all of the benefits we have summarised above yet these will be tailored to the unique requirements of the Education sector.

Reed would suggest two discreet projects with separate project plans, stakeholders and agreements for authorities seeking a lot 2 solution; remaining mindful of aggregation yet providing the flexibility required across such disparate requirements.

The nuanced understanding of Reed Consulting; a MSP leader, coupled with Reed Education, a UK leader in the supply of staff to schools, ensures our appreciation of the unique environment within the Education sector. Reed have supported education MSP's and provided outsourced teaching banks for many years and therefore recognise, understand and can mitigate against the challenges of our journey ahead. Our established relationships with many schools, consortia, local authorities and wider sector bodies allows us the insight of the impact agency worker regulations will have within this sector; with the majority paying significantly under scale. Reed's approach as a managed service provider, under either of the lots, is to support the sector in managing and mitigating these risks. As such, we have created flexible management models that can be tailored to meet the varying needs of different schools.

The low touch, technology driven model is not viable in the education sector; where the supply of people cannot be treated on a transaction commodity basis without significant risk. The MSTAR Shared Service Centre or Local delivery teams will provide Education category specialists, ensuring Schools receive expertise and human interaction at 6.30 in the morning when the majority of requirements are identified. All too often, managed service solutions which rely too heavily on technology fall down ‘out-of-hours,’ when the reality of providing a flexible staffing solution to the education sector is that there are no ‘normal’ hours. A school can not afford to not have a teacher in place Reed has been through many solutions and provisions over the years, and the lessons we have learned from this dictate the need for a true 24/7/365 offering for our Customer base which easily accommodates the education market.

Reed recognises the supplier base in education is small and restricted therefore we will apply our knowledge of the market, recognising that in order to make a success of this lot, we are looking for rapid development. The leverage required to secure the keenest margins (changing the margins in the marketplace) and highest quality can only be achieved through the consolidation of supply realised through larger opportunity values. Reed’s solution recognises and weights these factors equally within our proposed model and is dynamic in it’s impact over a 3 year period. Supply chain management models represents a first, with no single Local Authority or school currently using a ‘neutral vendor’ agreement to manage the provision of temporary staff and achieving more than 50% compliance. As such, the many comparable contracts allows us to draw learning's, nursing and social care sector can provide much best practice within education as we set the course for the journey ahead.

Reed would be pleased to provide clarification on any element of the service specification to support your understanding for call off arrangements.

Pricing


ANNEX 4 - ACCESS AGREEMENT

ESPO Framework Agreement 653F/11 Managed Services for Temporary Agency Resources (MSTAR)

TO BE COMPLETED BY THE CUSTOMER

Before conducting any activity under this ESPO framework, please complete this form and return it (by post, fax or email) to ESPO.

AGREEMENT: I/we confirm that the organisation deta iled below intends to participate in the above-mentioned ESPO framework agreement, and that in doi ng so will act in accordance with the guidance and instructions set out in the relevant ESPO User Guid e, and in accordance with the Public Contracts Regulations 2006. I/we confirm that any guidance a nd/or template documentation provided to me will on ly be used in relation to this Framework, and will only b e used for other purposes where prior consent from ESPO has been given. I/we also confirm that in consider ation of ESPO acting in this capacity I/we authoris e ESPO to make such arrangements with its’ suppliers relat ing to rebates on supplies (and to make enquiries i n relation thereto) as it considers necessary in orde r to recover its operating costs.

Signature:

Date:

Name of person signing this form:

Position:

Name of authority, council, etc:

Address:

Telephone:

E-mail:

1(a) 1(b) 2(a) 2(b) 3(a) 3(b)

LOTS

Managed Service


only

Managed Service


only

Managed Service


staff

Managed Service


staff

Managed Service


only

Managed Service


only



Supply Chain Management;




Tick all that apply:

To return this form, please post it to ESPO (Strategic Procurement & Commissioning) Barnsdale Way , Grove Park, Enderby, Leicester LE 19 1ES

Alternatively, please fax to 0116 294 4398 (direct to the Strategic Procurement & Commissioning Team) or email to m.watkins @espo.org

ESPO ACKNOWLEDGMENT (To be completed by ESPO)

Name: Position:

Signature: Date:

ANNEX 5 – CUSTOMER AGREEMENT


This Agreement together with relevant Order compris e the contractual provisions which apply to the Order that is entered into between the Customer and the Supplier and which govern the provision of the Services to the Customer.

CONDITIONS OF CONTRACT

THIS AGREEMENT is made the day of 20

BETWEEN:

(1) [ ] of [ ] (the Customer)

and

(2) [ ] whose registered office is at [ ] (the Supplier)

WHEREAS:

A. The Customer wishes to purchase the Services.

B. The Supplier having been awarded Supplier status under a Framework Agreement with the Eastern Shires Purchasing Organisation the ‘Framework Agreement’ (a copy of which is available upon request will supply the Services in accordance with his obligations to the Customer.

NOW IT IS HEREBY AGREED as follows:

1. INTERPRETATION

1.1 As used in this Agreement:

1.1.1 the terms and expressions set out below shall have the meanings ascribed therein;

Agreement means this agreement between the Customer and the Supplier, comprised of the Conditions and the Schedules and Annexes thereto and any Order.

Assignment means the required duties and period of time where a Temporary Agency Worker is working within the Customer’s organisation

Authorised Representative

means a representative of the Customer or the Supplier as appropriate for the purposes of this Agreement

Charges means the charges set out in the Pricing Schedule

Commencement Date

means [date to be inserted]

Confidential means any information which has been designated as confidential

Information by either party in writing or that ought to be considered as confidential (however it is conveyed or on whatever media it is stored) including information which relates to the business, affairs, properties, assets, trading practices, developments, trade secrets, Intellectual Property Rights, know-how, personnel, customers and suppliers of either party and all personal data and sensitive personal data within the meaning of the Data Protection Act 1998.

Contract Manager means the nominated officer or employee of the Customer responsible for managing this Agreement for the provision of the Services

Default means any breach of the obligations of either party (including but not limited to a fundamental breach or breach of a fundamental term) or any default, act, omission, negligence or statement of either party, its employees, agents or sub-contractors in connection with or in relation to the subject matter of this Agreement and in respect of which such party is liable to the other.

EIR means the Environmental Information Regulations 2004

ESPO means the Eastern Shires Purchasing Organisation being the central purchasing body responsible for creating the Framework Agreement

FOIA means the Freedom of Information Act 2000 and any subordinate legislation made under this Act from time to time together with any guidance and / or codes of practice issued by the Information Commissioner in relation to such legislation

Framework Agreement

means the Agreement between ESPO (on behalf of Pro5) and the Supplier under which this contract is entered into by the Customer and the Supplier for the supply of the Services

Implementation Plan

means the plan to be developed by the Customer and the Supplier in accordance with Schedule 5 and which will contain a schedule of tasks to be done, the timescale for completion of those tasks, identifying the party responsible for those tasks, together with the milestones to be achieved and against which payment will be made

Invitation to Tender means the invitation to tender issued to the Supplier in response to a request following the publication of the OJEU notice for the procurement of the Services

Order means an official order in such form as may be issued by the Customer to the Supplier in respect of the Services

Parent Company means any company which is the ultimate Holding Company of the Supplier or any other company of which the ultimate Holding Company of the Supplier is also the ultimate Holding Company and which is either responsible directly or indirectly for the business activities of the Supplier or which is engaged in the same or similar business to the Supplier. The term Holding Company shall have the meaning ascribed by Section 736 of the Companies Act 1985 or any statutory re-enactment or amendment thereto

Pricing Schedule means the Pricing Schedule attached to the Supplier’s Framework Agreement – attached hereto at Schedule 3

Protocol means the Customer Protocol describing the Customers obligations in relation to their local arrangements and contract management requirements and which is attached hereto as Schedule 1

Pro5 means all or any of the following professional buying organisations: Central Buying Consortium (CBC), Eastern Shires Purchasing Organisation (ESPO), North East Procurement Organisation (NEPO), West Mercia Supplies (WMS) and Yorkshire Purchasing Organisation (YPO).

Requests for Information

shall have the meaning set out in FOIA or any apparent request for information under the FOIA or the EIR

Services means the provision of the managed services for Temporary Agency Workers more particularly set out in the Specification attached as Schedule 2 hereto

Specification means the Specification for the Services which the Supplier is authorised to provide under the Framework Agreement and which is more particularly set out in Schedule 2 hereto

Temporary Agency Worker

means a temporary (non-permanent) worker offered and provided on Assignment by an Agency to fulfil a specific role for a defined period of time in return for a Fee. The Temporary Agency Worker is not an employee of the Customer and will not be treated as if he/she is. The Temporary Agency Worker will complete a timesheet, signed by the Hiring Manager, which will be processed by the Agency and passed to the Managed Service Provider in order to invoice for the Agency Fee

Tender means the Supplier’s tender submitted in response to the Invitation to Tender and attached to the Framework Agreement as Schedule 2

Term means the period of three (3) years plus the option of up to a further twelve (12) months from the Commencement Date

Working Day means Monday to Friday in any week but excluding any public or bank holidays

1.1.2 the masculine includes the feminine and the neuter; and

1.1.3 the singular includes the plural and vice versa.

1.2 A reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended by any subsequent statute, enactment, order, regulation or instrument or as contained in any subsequent re-enactment thereof.

1.3 Headings are included in this Agreement for ease of reference only and shall not affect the interpretation or construction of this Agreement.

1.4 References to Conditions and Schedules are, unless otherwise provided, references to conditions of and schedules to this Agreement.

1.5 In the event and to the extent only of any conflict between the Conditions and the Schedules or the Order, the Conditions shall prevail.

2. SUPPLIER’S OBLIGATIONS

2.1 The Supplier shall supply the Services in accordance in all respects with the terms of the Framework Agreement and the terms of this Agreement and the terms and conditions of the relevant Order and in accordance with any local arrangements agreed and set out in Schedule 4

2.2 For the avoidance of doubt the Customer shall not be responsible for any Services that are delivered by the Supplier and are not the subject of a valid Order.

2.3 For the avoidance of doubt any terms that the Supplier may seek to impose and which in any way vary or contradict the terms of this Agreement shall be excluded and not form part of the Order.

2.4 The Services to be supplied under the Order shall be provided in accordance with the terms of the Order. Where the Order identifies that provision will be in accordance with an Implementation Plan, the Implementation Plan will be agreed between the Customer and the Supplier unless otherwise agreed in writing by the Customer, time for performance of the Services shall be of the essence.

2.5 The Supplier shall ensure that the Services meet the requirements of the Specification and where the purpose for which they are required is indicated in the Order, either expressly or by implication, be fit for that particular purpose.

2.6 The Supplier warrants to its best endeavours that the Services to be supplied under the Order shall comply in all respects with all relevant requirements of any statute, statutory rule or order, or other instrument having the force of law which may be in force at the time when the Services are supplied.

2.7 The Supplier shall be deemed to have satisfied itself as to the sufficiency and correctness of the Pricing Schedule. Unless otherwise expressly stated in the Order the Pricing Schedule shall cover all the Supplier’s obligations and everything necessary for the supply of the Services under the Order.

2.8 Unless otherwise expressly stated in the Framework Agreement or the Order no claim by the Supplier will be allowed for any addition to the charges specified in the Pricing Schedule on the grounds of any matter relating to any document forming part of the Framework Agreement or the Order or any ambiguity or discrepancy therein on which an experienced supplier could have satisfied himself by reference to the Customer or any other appropriate means.

3. CUSTOMER’S OBLIGATIONS

3.1 The Customer shall select a Supplier for Orders in accordance with the criteria outlined in the Framework Agreement.

3.2 The Customer will endeavour to have their Order annotated with the relevant Contract reference number, but this cannot be guaranteed on all Orders.

3.3 The Customer shall respond to any reasonable request for information from the Supplier.

3.4 The Customer will assign an Authorised Representative who will interface with the Supplier’s Contract Manager, to ensure both parties use reasonable endeavours to meet the milestones determined in the Implementation Plan where such a plan is appropriate.

3.5 The Customer shall ensure that all Orders are awarded in accordance with the provisions of the Framework Agreement and in accordance with the Public Contracts Regulations 2006 (and any subsequent re-enactment thereof).

3.6 The Customer hereby agrees to comply with the Protocol set out in Schedule 1 hereto.

4. PROVISION OF THE SERVICES

4.1 The Supplier shall provide the Services identified in the Order in accordance with the Services Description and Specification in Schedule 2 and the Service Level Agreement in Schedule 6. The Charges in respect of such Services shall be as detailed in the Pricing Schedule at Schedule 3 . And as may be supplemented by any Local Arrangements as set out in Schedule 4.

4.2 Without prejudice to any other remedies available, if the Supplier fails to provide the Services in accordance with the Specification and the Service levels are not met then the Customer shall be entitled to Service Credits calculated in accordance with the Service Level Agreement in Schedule 6

4.3 The Supplier will be responsible for providing all Temporary Agency Workers as ordered from time to time from the Supplier by the Customer. This will include administrative and clerical, operational, social care, and professional including teaching and education ancillary staff and technical categories of Agency staff.

4.4 The Supplier shall in the provision of the Services ensure that where the Supplier is acting solely as a supply chain manager it shall not supply Temporary Agency Workers from its own register of Workers. The Supplier shall be permitted to utilise associated or subsidiary companies as a source of supply for the Services subject to the following additional conditions:

4.4.1 In sending requests for Temporary Agency Workers associated or subsidiary companies do not receive more favourable treatment or terms than other agencies in the Supplier’s supply chain and

4.4.2 Any quotations thus received by the Supplier are treated equally and without any discrimination.

4.4.3 The Supplier shall in the provision of the Services ensure that where the Supplier acts as a Resource Pool Manager it shall do so subject to the following additional conditions:-

[to be deleted and/or amended as applicable]

4.5 Option 1 (Supplier Category Lead), or

4.5.1 The Supplier shall provide the Services on the basis that it shall provide for all the Customer’s requirements for Temporary Agency Workers in a [named category or categories] and no other(s).

4.5.2 With the exception of the Services provided for and described in the preceding condition hereof the Supplier shall expose all Customer’s requirements for the Services to the wider network of Agencies within it’s management and control.

4.5.3 For the avoidance of doubt any associate or subsidiary company of the Supplier shall be subject to the same restriction as the Supplier referred to in Condition 4.5.1 and shall not therefore be permitted to provide the Services beyond the scope of the category or categories referred to therein.

4.5.4 All quotations requested from Agencies (save as may be provided for otherwise in this Condition) shall be treated equally and without discrimination by the Supplier.

4.6 Option 2 (Volume ‘Cap’), or

4.6.1 The Supplier shall be required to ensure the provision of the Services via it’s own register of Temporary Agency Workers but not exceeding [sixty per centum 60%)] (the Volume Cap) of the Temporary Agency Worker Assignments requested in any rolling four week period. This is to ensure that when averaged out at any point during the Contract Period there is opportunity for other Agencies within the supply chain to provide the Services

4.6.2 The Supplier shall therefore invite all contracted Agencies within its supply chain to provide quotations for all assignments in excess of the Volume Cap and to produce evidence thereof if reasonably requested by ESPO so to do.

4.6.3 The Volume Cap shall apply to the Supplier’s opportunity to provide the Services under this Agreement whether the Services are provided direct by the Supplier or via an associate or subsidiary company.


4.7 Option 3 (Time Limited Supply Option)

4.7.1 The Supplier shall be required to ensure the provision of the Services via it’s own register of Temporary Works in accordance with the requirements of the Service Level Agreement (attached hereto as Schedule 6 to the Customer Agreement).

4.7.2 The Supplier shall only be permitted to provide the Services via its own register of Temporary Agency Workers where the requirements of the Customer can be confirmed in writing within [ 4 hours ] of the Customer’s request.

4.7.3 In all circumstances where the Supplier cannot satisfy the [four] hour limit for use of its own register of Temporary Agency Workers then the Supplier shall invite all contracted Agencies within it’s supply chain to provide quotations for such Assignments, and to produce evidence thereof if reasonably requested by ESPO so to do.

4.7.4 The time limit shall apply to the Supplier’s opportunity to provide the Services under this Agreement whether the Services are provided direct by the Supplier or via an associate or subsidiary company. For the avoidance of doubt an associate or subsidiary company shall be treated as part of the Supplier’s own register of Temporary Agency Workers for these purposes.


5. CHARGES

5.1 In consideration of the provision of the Services in accordance with the terms of the Framework Agreement and the Order, the Customer shall pay the Charges calculated in accordance with the Pricing Schedule of the Framework Agreement and published from time to time by ESPO therein and in accordance with the invoicing procedure and payment profile specified in Schedule 3

5.2 Payment shall be made within thirty (30) days of receipt by the Customer (at its nominated address for invoices) of a valid invoice, in accordance with the provisions of Schedule 3 , from the Supplier.

5.3 Where the Supplier enters into a sub-contract with an Agency for the purposes of performing its obligations under the Contract, it shall ensure that a provision is included in such a sub-contract which requires payment to be made of all sums due by the Supplier to the Agency to be within ten (10) Working Days after the Supplier has been paid, and that in total, payment foes not exceed thirty (30) days from the receipt of a valid invoice.

5.4 The Charges are exclusive of Value Added Tax. The Customer shall pay the Value Added Tax on the Charges at the rate and in the manner prescribed by law from time to time.

6. RECOVERY OF SUMS DUE

6.1 If any sum of money shall be due from the Supplier, the same may be deducted from any sum then due or which at any time thereafter may become due to the Supplier under this Agreement or any other agreement with the Customer.

7. IMPLEMENTATION PLAN

7.1 The Supplier shall provide the Services in accordance with any Implementation Plan as agreed with the Customer as attached hereto as Schedule 5.

7.2 The Supplier shall deliver a draft Implementation Plan to the Customer on or before the commencement of the Services to the Customer. The draft Implementation Plan shall be sufficiently detailed as is necessary to manage the implementation of the Services effectively. Once agreed with the Customer (agreement not to be unreasonably delayed or withheld) the Supplier shall monitor its performance jointly with the Customer against the Implementation Plan.

8. MONITORING AND REPORTING

8.1 The Supplier shall:

8.1.1 appropriately manage the provisions of the Services that it provides under this Agreement;

8.1.2 be required to provide to the Customer such management information as it reasonably requires including but not limited to the information identified in Schedule 7 and the Framework Agreement.

8.1.3 on reasonable notice grant to the Customer’s external and internal auditors access to any relevant data or documentation relating to the Framework Agreement and Order and the supply of the Services for the purpose of carrying out an audit.

8.1.4 Institute, keep and maintain proper and sufficient records in connection with business conducted under this Agreement and for the continuance of this Agreement and for a period of twelve (12) months thereafter allow any nominated representative of the Customer (including the Customer’s Authorised Representative, the chief financial officer and the internal and external auditors of the Customer) reasonable access and co-operation with regard to such records.

9. SERVICE LEVELS

9.1 The Supplier shall provide the Services to meet or exceed the service levels contained in any Service Level Agreement forming part of this Customer Agreement as attached hereto as Schedule 6.

10. SUPPLIER’S PERSONNEL

10.1 The Supplier shall select, employ, train, furnish and deploy in and about the performance of the Services only such persons as are of good character and who are appropriately skilled and experienced.

10.2 The Supplier shall comply with any statutory requirements in relation to the recruitment of ex-offenders and disclosures under the Police Act 1997. The Supplier shall ensure that all employees, servants or agents engaged by him in the discharge of his obligations under this Agreement who may be required to work within school premises, or other sites occupied by children and/or vulnerable adults shall be appropriately checked by the Criminal Records Bureau and shall upon reasonable request produce evidence of such satisfactory disclosure.

10.3 The Supplier and the Supplier’s sub-contractors, staff and agents shall comply with all reasonable requirements of the Customer whilst present at the Customer’s premises.

10.4 The Supplier shall use reasonable endeavours to ensure that its sub-contractors are subject to the provisions of conditions 10.1, 10.2 and 10.3 above.

10.5 The Supplier, its agents, sub-contractors and suppliers shall employ sufficient staff to ensure that the Services are provided at all times in accordance with this Agreement. Without prejudice to the generality of this obligation, it shall be the duty of the Supplier to ensure that a sufficient reserve of staff is available to provide the Services in accordance with this Agreement during staff holidays or absence through sickness or any other cause.

10.6 The Customer, acting reasonably, shall have the right to refuse access to it’s premises at any time to any employee of the Supplier, its agents, sub-contractors or suppliers. The exercise of this right shall not diminish the Supplier’s obligation of performance arising under this Agreement.

11. DEFAULT IN PERFORMANCE OF THE SERVICE

11.1 The Supplier shall respond promptly to all complaints, oversights and omissions and shall immediately make good any default on its part at its own expense.

11.2 Where Services are required or ordered under the Agreement and the Supplier fails to provide such Services or any element thereof in accordance with the Agreement, or in the event of breach or default by the Supplier ESPO or the Customer may take whatever action it reasonably considers necessary or appropriate to effect a suitable remedy which may include (but not be limited to) ESPO terminating part or all of the Agreement or obtaining substituted provision of the Services to be supplied under this Agreement. This shall be without prejudice to any other remedy for breach of this Agreement and shall be in addition to and without prejudice to the provisions of Condition 15 hereof.

11.3 In taking such above mentioned remedial actions ESPO and/ or the Customer shall be entitled to claim from the Supplier any reasonable and demonstrable excess of costs so directly incurred by ESPO and/ or the Customer over the rates contained in the Pricing Schedule together with all associated costs, charges and expenses as direct losses (including professional fees and VAT). Such amount shall be due as a debt from the Supplier to ESPO or the Customer and payable within 28 days of demand.

11.4 Any dispute as to the reasonableness of any debt owed to ESPO and/or the Customer under Condition 11.3 may be referred for determination in accordance with Condition 29.

11.5 The rights of ESPO and/ or the Customer under any of the Conditions 11.1 to 11.4 shall be without prejudice to its rights under any other provision of this Agreement.

12. WARRANTIES AND REPRESENTATIONS

12.1 The Supplier warrants and represents that:

12.1.1 the Services shall be supplied and rendered by appropriately experienced, qualified and trained personnel with all due skill, care and diligence;

12.1.2 the Supplier shall discharge its obligations hereunder with all due skill, care and diligence including but not limited to the good industry practice and (without limiting the generality of this Condition) in accordance with its own established internal procedures;

13. INSURANCE AND INDEMNITY

13.1 The Supplier shall indemnify and keep indemnified the Customer against all losses, damages, costs, charges and expenses at any time incurred or suffered by the Customer and arising directly from any breach by the Supplier of this Agreement, or any of its obligations to the Customer, or from any negligence, negligent act, negligent omission, default, or breach of Contract, on the part of the Supplier or, its employees, and provided always that the Supplier’s liability to indemnify the Customer shall be reduced proportionately to the extent that an act or omission the Customer, its servants or officers may have contributed to the said death, loss, injury or damage. The Supplier shall effect and maintain at all times during the continuance of this Agreement and for twelve months thereafter (or

such longer period as, depending on the basis of claims covered by the insurance, will effect cover for the limitation period applicable to any relevant claim):

13.1.1 Public Liability insurance in the minimum sum of ten million pounds

13.1.2 Employers Liability insurance of not less than ten million pounds

13.1.3 Professional Indemnity insurance of not less than five million pounds

The levels of insurance cover stipulated for Public Liability and Employer’s Liability shall be in respect of any one claim, and without limit, in respect of the number of claims made in any 12 month period of insurance, such insurance to be effected with a reputable insurance company and evidenced immediately upon any reasonable demand by the ESPO Contract Manager to do so.

13.2 Temporary Agency Workers engaged via this Agreement by the Supplier will be insured under the Supplier’s own Employer’s Liability and Public Liability insurance policies whilst under its direction and control.

13.3 Temporary Agency Workers engaged via this Agreement will be insured under the Customer’s own Employer’s Liability and Public Liability insurance policies whilst under its discretion and control, except where the individual Temporary Agency Worker holds his or her own Public Liability insurance

13.4 The Supplier shall procure and produce upon demand an indemnity from each Agency whereby the Agency indemnifies the Customer against each and every cost, liability, expense or demand (including redundancy payments or protective awards) and any liability for wrongful dismissal or unfair dismissal or otherwise incurred by the Customer in connection with any temporary placement under the terms of this Agreement, save to the extent that the cost, liability, expense or demand is caused by the Customer, including without limitation any such matter relating to

13.4.1 Any claim, cost or proceeding arising directly as a result of the Agency’s failure to co-operate or provide information in relation to any Temporary Agency Worker;

13.4.2 The Supplier’s failures to pay the Agency and/ or the Agencies failure to pay any Temporary Agency Worker any sums properly due;

13.4.3 Any claim by a trade union, staff association or staff body in respect of any or all of the Temporary Agency Workers arising out of the Agency’s failure to comply with its legal obligations;

13.4.4 Any circumstance where the Agency is deemed to be the employer of any Temporary Agency Worker engaged by the Customer under this Agreement. The Supplier will use its best endeavours to alert the Customer to any circumstances where a Temporary Agency Worker might be deemed to have become an employee of either the Supplier or the Agency or the Customer.

13.5 Save to the extent that the claim, cost or proceeding is caused by the Customer, the Supplier shall indemnify the Customer against any claim, cost or proceeding arising directly as a result of:

13.5.1 The Supplier’s failure to pay the Agency;

13.5.2 Any claim by a trade union, staff association or staff body in respect of any or all of the Temporary Agency Workers arising out of the Supplier’s failure to comply with its legal obligations;

13.5.3 Any circumstance where the Supplier is deemed to be the employer of any Temporary Agency Worker engaged by the Customer under this Agreement.

13.6 Neither party shall do anything or refrain from doing or omit doing anything, which might render any of the foregoing insurance policies void or voidable.

13.7 The Supplier shall ensure that Agencies are bound by the requirements of this Condition 10. In instances where the Customer agrees variations in the levels of insurances held by Agencies this will be recorded in the Customer Agreement.

13.8 Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall exclude, restrict or limit either party’s liability for death or personal injury resulting from its negligence.

13.9 Notwithstanding 13.2 above, the parties liability to each other under or in connection with this Agreement and the Services or otherwise, whether arising under contract, tort, negligence, breach of statutory duty or otherwise shall be the levels of cover specified in Condition 13.1 where a claim falls within the Service Providers’ insurance policy, or where a claim is not required to be covered by an insurance policy, [£1 million (one million pounds)].

13.10 All warranties, representations, guarantees, conditions and terms, other than those expressly set out in this Agreement whether express or implied by statute, common law, trade usage or otherwise and whether written or oral are hereby expressly excluded to the fullest extent permissible by law.

13.11 Neither party shall other than as a consequence of fraud or wilful default by that party, be liable for any claim by the other party for loss of profit or revenue, consequential, economic, special or indirect loss.

14. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

14.1 The Supplier shall fully indemnify and hold the Customer harmless against all actions, claims, demands, proceedings, costs, charges and expenses (including legal fees on an indemnity basis) arising from or incurred by reason of any infringement or alleged infringement of any letters patent, designs registered or unregistered, copyright, trade mark, trade name or other Intellectual Property Rights including any wrongful use of confidential information by the use or possession of the Services or any part thereof provided by the Supplier or licensed by the Supplier to the Customer under the Agreement subject to:

14.1.1 the Customer promptly notifying the Supplier of any alleged infringement and, subject to sub-condition 14.1.3 below, allowing the Supplier at their own expense to conduct all negotiations for settlement or litigation;

14.1.2 the Customer making no admission without the Supplier’s written consent unless and until the Supplier shall have failed to take over the conduct of the negotiations or litigation;

14.1.3 the conduct by the Supplier of such negotiations or litigation shall be conditional upon the Supplier having given the Customer such reasonable security as the Customer may require for the compensation, damages, costs and expenses for which the Customer may become liable. The Customer at the Supplier’s expense shall give the Supplier all available assistance.

14.2 If the Services or any part thereof becomes, or in the Supplier’s reasonable opinion is likely to become, subject to any such action for infringement then, in addition to the indemnity under sub-condition 14.1.1 above, the Supplier shall at its own expense negotiate to obtain the right for the Customer to continue to use the infringing items, if necessary by replacing, remove or modifying them, but without reducing their quality or ability to meet the Customer’s requirements as specified by the Agreement.

14.3 The Supplier shall indemnify the Customer against all losses, costs, damages and expenses whatsoever during the period that the Customer is deprived of the use of the Services by reason of such negotiations, replacements or modifications the outcome of which will be confirmed by the issue of a Change Request which shall not entitle the Supplier to any addition to the Charges or any extension of the Order lead time.

14.4 The Supplier shall not be liable under sub-condition 14.1.1 and 14.1.2 above for any such infringement or alleged infringement which arises as a result of the including in the Services or any element supplied by the Customer or any use of the Services for a purpose or in a manner different from that specified in, or reasonably to be inferred from, the Agreement.

15. TERMINATION

15.1 By the Customer:

The Customer may at any time by notice in writing terminate this Agreement as from the date of service of such notice:-

15.1.1 if there is a change of control, as defined by Section 416 of the Income and Corporation Taxes Act 1988, in the Supplier or its Parent Company; or

15.1.2 the Supplier, being an individual, or where the Supplier is a firm, any partner or partners in that firm who together are able to exercise direct or indirect control, as defined by Section 416 of the Income and Corporation Taxes Act 1988, shall at any time become bankrupt or shall have a receiving order or administration order made against him or shall make any composition or arrangement with or for the benefit of his creditors, or shall make any conveyance or assignment for the benefit of his creditors, or shall purport to do so, or appears unable to pay or to have no reasonable prospect of being able to pay a debt within the meaning of Section 268 of the Insolvency Act 1986 or he shall become apparently insolvent within the meaning of the Bankruptcy (Scotland) Act 1985 as amended by the Bankruptcy (Scotland) Act 1993 or any application shall be made under any bankruptcy or insolvency act for the time being in force for sequestration of his estate, or a trust deed shall be granted by him for the benefit of his creditors; or any similar event occurs under the law of any other jurisdiction; or

15.1.3 the Supplier, being a company, passes a resolution, or the Court makes an order that the Supplier or its Parent Company be wound up otherwise than for the purpose of a bona fide reconstruction or amalgamation, or a receiver, manager or administrator on behalf of a creditor is appointed in respect of the business or any part thereof of the Supplier or the Parent Company, or circumstances arise which entitle the Court or a creditor to appoint a receiver, manager or administrator or which entitle the Court otherwise than for the purpose of a bona fide reconstruction or amalgamation to make a winding-up order, or the Supplier or its Parent Company is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or any similar event occurs under the law of any other jurisdiction.

15.1.4 The Customer may at any time by notice in writing terminate this Agreement forthwith, if the Supplier is in Default of any obligation under this Agreement and:

15.1.4.1 the Default is capable of remedy and the Supplier shall have failed to remedy the Default within thirty (30) days of written notice to the Supplier specifying the Default and requiring its remedy; or

15.1.4.2 the Default is not capable of remedy.

15.2 Termination in accordance with this Condition 15 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to any party.

15.3 In the event of any termination of this Agreement whether under this Condition 15 or otherwise, and without prejudice to any other rights (including the right to recover damages) that may accrue to the benefit of the Customer under this Agreement or otherwise, the Customer shall be entitled to:

15.3.1 obtain a refund of any Charges paid by the Customer in respect of any Services which have not been performed by the Supplier in accordance with the terms of this Agreement.

16. CONFIDENTIALITY

16.1 Each Party:

16.1.1 shall treat all Confidential Information belonging to the other Party as confidential and safeguard it accordingly; and

16.1.2 shall not disclose any Confidential Information belonging to the other Party to any other person without the prior written consent of the other Party, except to such persons and to such extent as may be necessary for the performance of this Agreement or except where disclosure is otherwise expressly permitted by the provisions of this Agreement.

16.2 The Supplier shall take all necessary precautions to ensure that all Confidential Information obtained from the Customer under or in connection with the Agreement:

16.2.1 is given only to such of its staff, sub-contractors and agents engaged in connection with the Agreement and only to the extent necessary for the performance of this Agreement;

16.2.2 is treated as confidential and not disclosed (without prior approval) or used by any staff, sub-contractors or agents otherwise than for the purposes of this Agreement.

16.3 Where it is considered necessary in the opinion of the Customer, the Supplier shall ensure that its staff, sub-contractors and agents sign a confidentiality undertaking before commencing work in connection with this Agreement. The Supplier shall ensure that its staff, sub-contractors and agents are aware of the Supplier’s confidentiality obligations under this Agreement.

16.4 The Supplier shall not use any Confidential Information it receives from the Council, Contracting Authority or the Customer otherwise than for the purposes of this Agreement.

16.5 The provisions of Conditions 16.1 to 16.4 shall not apply to any Confidential Information received by one Party from the other:-

16.5.1 which is or becomes public knowledge (otherwise than by breach of this Condition);

16.5.2 which was in the possession of the receiving Party, without restriction as to its disclosure, before receiving it from the disclosing Party;

16.5.3 which is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

16.5.4 is independently developed without access to the Confidential Information; or

16.5.5 which must be disclosed pursuant to a statutory, legal or parliamentary obligation placed upon the Party making the disclosure, including any requirements for disclosure under the FOIA, or the EIR pursuant to Condition 18 .

16.6 Nothing in this Condition shall prevent the Customer from:

16.6.1 disclosing any Confidential Information for the purpose of the examination, audit and certification of the Customer’s accounts

16.6.2 disclosing any Confidential Information obtained from the Supplier to any person engaged in providing any services to the Customer for any purpose relating to or ancillary to the Agreement;

16.6.3 provided that in disclosing information under condition 16.6.2 the Customer discloses only the information which is necessary for the purpose concerned and requires that the information is treated in confidence.

16.7 The Supplier shall not without the prior written consent of the Customer divulge the existence of the Agreement or any Order or disclose any information relating to or contained in the Agreement to any person who is not engaged in the performance of the Agreement.

16.8 In the event that the Supplier fails to comply with this Condition 16 the Customer reserves the right to terminate the Agreement by notice in writing with immediate effect.

16.9 The provisions of this Condition 16 shall apply notwithstanding termination of the Agreement.

17. DATA PROTECTION ACT 1998

17.1 The Supplier shall at all times comply with the Data Protection Act 1998 including, where appropriate maintaining a valid and up to date registration or notification under the Data Protection Act 1998.

17.2 The Supplier shall not disclose Personal Data to any third parties other than:

17.2.1 to staff, sub-contractors and agents to whom such disclosure is reasonably necessary in order to perform the Agreement; or

17.2.2 to the extent required under a court order

provided that disclosure under condition 17.2.1 is made with the approval of the Customer and subject to written terms no less stringent than the terms contained in this Condition and that the Supplier shall give notice in writing to the Customer of any disclosure under condition 17.2.2 immediately it is aware of such a requirement.

17.3 The Supplier shall indemnify and keep indemnified the Customer against all losses, claims, damages, liabilities, costs and expense (including reasonable legal costs) incurred by it in respect of any breach of this condition by the Supplier and/or any act or omission of any staff, sub-contractor or agent.

17.4 The Supplier is required to comply with the obligations set out in Principle Seven of the Data Protection Act 1998.

17.5 In this condition Personal Data means personal data as defined in the Data Protection Act 1998 which is supplied to the Supplier by the Customer therein or obtained by the Supplier in the course of performing the Agreement.

18. FREEDOM OF INFORMATION ACT 2000 (FOIA) AND ENVI RONMENTAL INFORMATION REGULATIONS 2004 (EIR)

18.1 The Supplier acknowledges that the Customer is subject to the requirements of the FOIA and the EIR and shall assist and co-operate with the Customer (at the Supplier’s expense) to enable the Customer to comply with these information disclosure requirements.

18.2 The Supplier shall and shall procure that its sub-contractors shall;

18.2.1 transfer any request for information to the Customer as soon as practicable after receipt and in any event within two (2) Working Days of receiving a request for information (or such other period as stipulated by the Customer requesting the information); and

18.2.2 provide the Customer with a copy of all information in its possession or power in the form that the Customer requires within seven (7) Working Days (or such other period as the Customer requesting the information; and

18.2.3 provide all necessary assistance as reasonably requested by the Customer to enable the Customer to respond to a request for information within the time for compliance set out in the FOIA or the EIR.

18.3 The Customer shall be responsible for determining at its absolute discretion whether commercially sensitive information and/or any other information;

18.3.1 is exempt from disclosure in accordance with the provisions of the FOIA or the EIR; and

18.3.2 is to be disclosed in response to a request for information and in no event shall the Supplier respond directly to a request for information unless expressly authorised to do so by the Customer.

18.4 The Supplier acknowledges that the Customer may be obliged under the FOIA or the EIR to disclose information;

18.4.1 without consulting the Supplier; or

18.4.2 following consultation with the Supplier and having taken its views into account.

18.5 The Supplier shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the Customer to inspect such records as requested from time to time.

18.6 The Supplier acknowledges that any lists or schedules provided by it outlining confidential information are of indicative value only and that the Customer may nevertheless be obliged to disclose Confidential Information in accordance with Condition 18.4 .

19. SOCIAL RESPONSIBILITY

19.1 The Supplier agrees that there shall be no discrimination by it against any person with respect to opportunity for employment or conditions of employment, because of age, culture, disability, gender, marital status, race, religion or sexual orientation.

19.2 The Supplier shall in all matters arising in the performance of the Agreement comply with the provisions of the Disability Discrimination Act 1995 and any regulations made there under.

19.3 The Supplier shall in all matters arising in the performance of the Agreement comply with the provisions of the Employment Equality (Age) Regulations 2006.

19.4 The Supplier must comply with the provisions of the Race Relations Act 1976 and the Race Relations (Amendment) Act 2000 and shall ensure that they perform their responsibilities under this Agreement with due regard to the need to eliminate unlawful racial discrimination, and to promote equality of opportunity and good relationships between different racial groups.

19.5 The Supplier shall, at all times, be responsible for and take all such precautions as are necessary to protect the health and safety of all employees, volunteers, service users and any other persons involved in, or receiving goods or services from, the performance of the Contract and shall comply with the requirements of the Health and Safety at Work Act 1974 and any other Act or Regulation relating to the health and safety of persons and any amendment or re-enactment thereof.

19.6 ESPO and the Customer shall be entitled at ESPO’s and the Customer’s expense to inspect such books, accounts and records belonging to the Supplier as are necessary to demonstrate compliance with Conditions 19.1 to 19.5 above.

19.7 The cost to the Supplier of complying with this Condition 19 shall be included in the Charges.

20. CORRUPT GIFTS AND PAYMENTS

20.1 The Customer shall be entitled to cancel and terminate the Agreement and to recover from the Supplier the amount of any loss resulting from such cancellation or termination if the Supplier or any person on its behalf shall have offered or given or agreed to give any person any gift or consideration

of any kind as an inducement or reward for doing or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of the Agreement or any other contract with the Customer or for showing or forbearing to show favour or disfavour to any person in relation to the Agreement or any other contract with the Customer or if like acts shall have been done by any person employed by the Supplier or acting on its behalf (whether with or without the knowledge of the Supplier) or if in relation to any contract with the Customer the Supplier or any person employed by the Supplier or acting on its behalf shall have committed any offence under the Prevention of Corruption Acts 1889 to 1916 or shall have given any fee or reward the receipt of which is an offence under Section 117 (2) and (3) of the Local Government Act 1972.

20.2 The decision of the Customer shall be final and conclusive in any dispute, difference or question arising in respect of:

20.2.1 the interpretation of this Condition 20 ; or

20.2.2 the right of the Customer under this Condition 20 to terminate the Agreement

21. FORCE MAJEURE

21.1 For the purposes of the Agreement the expression Force Majeure shall mean any cause affecting the performance by a party of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but without limiting the generality thereof) governmental regulations, fire, flood, or any disaster or an industrial dispute affecting a third party for which a substitute third party is not reasonably available. Any act, event, omission, happening or non-happening will only be considered Force Majeure if it is not attributable to the wilful act, neglect or failure to take reasonable precautions of the affected party, its agents or employees.

21.2 Neither party shall in any circumstances be liable to the other for any loss of any kind whatsoever including but not limited to any damages or abatement of Charges whether directly or indirectly caused to or incurred by the other party by reason of any failure or delay in the performance of its obligations hereunder which is due to Force Majeure. Notwithstanding the foregoing, each party shall use all reasonable endeavours to continue to perform, or resume performance of, such obligations hereunder for the duration of such Force Majeure event.

21.3 If either of the parties shall become aware of circumstances of Force Majeure which give rise to or which are likely to give rise to any such failure or delay on its part it shall forthwith notify the other by the most expeditious method then available and shall inform the other of the period which it is estimated that such failure or delay shall continue.

21.4 It is expressly agreed that any failure by the Supplier to perform or any delay by the Supplier in performing its obligations under the Agreement which results from any failure or delay in the performance of its obligations by any person, firm or company with which the Supplier shall have entered into any contract, supply arrangement or sub-contract or otherwise shall be regarded as a failure or delay due to Force Majeure only in the event that such person firm or company shall itself be prevented from or delayed in complying with its obligations under such contract, supply arrangement or sub-contract or otherwise as a result of circumstances of Force Majeure.

21.5 For the avoidance of doubt it is hereby expressly declared that the only events which shall afford relief from liability for failure or delay shall be any event qualifying for Force Majeure hereunder.

22. HEALTH AND SAFETY

22.1 The Service provided by the Supplier under this Agreement shall comply with the provisions of the Health & Safety at Work Act 1974, the Management of Health & Safety at Work Regulations 1999 and the Provision and Use of Work Equipment Regulations 1998. All other health and safety assessments required by specific regulation and codes of practice relating to your business must also be strictly applied. The Supplier is to have monitoring, inspection, review and, where appropriate, health surveillance arrangements in place to meet its responsibilities and may be required to produce documentation to prove that procedures

have been carried out in accordance with the regulations upon reasonable request. All Temporary Agency Workers must be aware of and abide by Health & Safety standards and be aware of their duty of care to other employees and members of the public. Temporary Agency Workers shall adhere to a Customer’s health and safety requirements at all times and work within the Customer’s culture and values.

22.2 The Supplier shall in performing the Services adopt safe methods of work in order to protect the health and safety of its own employees and to the extent applicable the employees of the Customer and all other persons, including members of the public provided that the Customer shall be responsible for the Health and Safety of the Temporary Agency Workers whilst they are under the Customer’s control and shall supply the Supplier with any pertinent Health and Safety information relating to any Services. Save to the extent that the losses, costs, or damages are caused or contributed to by ESPO or the Customer, the Supplier shall indemnify ESPO and the Customer for any direct losses, costs, or damages, caused to ESPO and/ or the Customer for any breaches of health and safety laws, policies, or codes of practice, by the Supplier.

22.3 The Supplier shall request that any Agencies used are bound by the requirements of this Condition 22.

22.4 In respect of each Assignment, the Customer shall provide the Supplier full details of:

22.4.1 the intended duties of the Temporary Agency Worker;

22.4.2 any special skills which it requires the Temporary Agency Worker to have including any experience, training, qualifications or authorisations including those required by a professional body or by law;

22.4.3 any risks to health and safety known to the Customer and any steps that may have been taken to prevent or control such risks;

22.4.4 any specific health and safety information which the Customer wishes to be passed on to the Temporary Agency Worker.

22.5 The Customer acknowledges that neither the Supplier nor any Agency has the obligation (or the opportunity) to supervise, direct or control the manner, time or place of any Temporary Agency Worker’s work. The Customer shall provide on behalf of the Supplier and the Agency sufficient supervision, direction and control over the Temporary Agency Worker throughout the Assignment.

23. TUPE

23.1 In the event that the Transfer of Undertaking (Protection of Employment) Regulations 2006 (or as may be amended) apply upon expiry or termination of this Agreement or any of the contracts of employment of any person employed or engaged by the Supplier shall be transferred from the Supplier to any third party (Replacement Supplier) engaged by Customer to perform any of the Services or any service equivalent or similar to any of the Services the Supplier shall indemnify and keep indemnified Customers and the Replacement Supplier(s) from and against all employment liabilities arising directly as a result of the acts or omissions of the Supplier and which relate to claims brought by any of the employees or by a Trade Union or other employee representative against Customers or any Replacement Supplier in respect of or in any way relating to any period on or prior to the date of the employee transfer envisaged by this Condition 23.

24. TRANSFER AND SUB-CONTRACTING

24.1 The Agreement is personal to the Supplier. The Supplier shall not assign, novate, sub-contract or otherwise dispose of the Agreement or any part thereof without the prior consent in writing of the Customer.

24.2 Notwithstanding any sub-contracting permitted hereunder, the Supplier shall remain primarily responsible for the acts and omissions of its sub-contractors as though they were its own.

25. AMENDMENTS TO THE AGREEMENT

25.1 This Agreement shall not be varied or amended unless such variation or amendment is agreed in writing by the respective Authorised Representative of the Customer and by a duly authorised representative of the Supplier. No variation of this Agreement shall limit or remove the Supplier’s obligations under the Framework Agreement.

26. COMMUNICATIONS

26.1 Any notice which either party is required to give to the other shall be given in or confirmed by writing and shall be sufficiently served if sent to the other party at its address specified in the Order form either by (a) hand, (b) first class post or recorded delivery or, (c) facsimile, or (d) electronic mail transmission confirmed by registered, first class post or recorded delivery within 24 hours of transmission.

26.2 Either party may change its address for service by notice as provided in this Condition 26.1 .

27. SEVERABILITY

27.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been executed with the invalid, illegal or unenforceable provision eliminated. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of this Agreement, the Customer and the Supplier shall immediately commence good faith negotiations to remedy such invalidity.

28. WAIVER

28.1 The failure of either party to insist upon strict performance of any provision of this Agreement, or the failure of either party to exercise any right or remedy to which it is entitled hereunder, shall not constitute a waiver thereof and shall not cause a diminution of the obligations established by this Agreement.

28.2 A waiver of any Default shall not constitute a waiver of any subsequent Default whether of the same or a different nature.

28.3 No waiver of any of the provisions of this Agreement shall be effective unless it is expressly stated to be a waiver and communicated to the other party in writing in accordance with the provisions of Condition 26 .

29. DISPUTE RESOLUTION

29.1 If any dispute or difference of any kind whatsoever shall arise between the Customer and the Supplier in connection with or arising out of this Agreement or the carrying out of the Services, including any disputes as to any decision, opinion, instruction, direction, certificate or valuation given by any officer of the Customer (whether during the progress of this Agreement or after its completion and whether before or after the termination, abandonment or breach of this Agreement, the Parties shall attempt in good faith to negotiate a settlement and to this end the respective Authorised Representative of the Customer and the Supplier shall meet to endeavour to resolve the conflict.

29.2 If the respective Authorised Representatives of the Customer and the Supplier fail to reach agreement within fifteen (15) Working Days of either Party notifying the other of the dispute the dispute shall be escalated to a discussion between the relevant Service Director of the Customer and the Managing Director (or equivalent) of the Supplier for resolution.

29.3 If the Parties fail to reach agreement within twenty (20) Working Days of reference to the Service Director and the Managing Director (or equivalent) the dispute shall be referred to the ESPO Contract Manager for mediation.

29.4 If the Parties remain unable to resolve the dispute within thirty (30) Working Days of the Mediator being appointed, or such longer period as may be agreed, then either Party may seek redress via the Courts.

30. ACTION UPON EXPIRY OR TERMINATION

30.1 On expiry or termination of this Agreement the Parties will comply with the provisions of Schedule 8 in order to maintain an orderly continuation of the Services.

31. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

31.1 With the exception of ESPO which shall have the right to enforce the provisions set out in the Framework Agreement in relation to the payment of retrospective rebate neither party intends to confer any other right or benefit upon a third party and for the avoidance of doubt save as excepted herein the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from this Agreement.

32. LAW AND JURISDICTION

32.1 This Agreement shall be considered as a contract made in England and according to English Law and subject to the exclusive jurisdiction of the English Courts to which both parties hereby submit.

32.2 This Agreement is binding on the Customer and its successors and assignees and the Supplier and the Supplier’s successors and permitted assignees.

33. ENTIRE AGREEMENT

33.1 This Agreement together with the Framework Agreement and the Order constitutes the entire understanding between the parties relating to the subject matter of this Agreement and, save as may be expressly referenced or referred to herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto, except in respect of any fraudulent misrepresentation made by either party.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day first above written

SIGNED for and on behalf of

[ ] the Customer

By:

Name:

Title:

Date:

SIGNED for and on behalf of

[ ] the Supplier

By:

Name:

Title:

Date:

SCHEDULE 1 to the CUSTOMER AGREEMENT

PROTOCOL

ESPO on behalf of Pro5 is the lead contracting body and as such will maintain overall responsibility for the performance management, review and renewal of the Framework Agreement unless otherwise agreed within Pro5.

Customers will be responsible for managing their own local arrangements including contract reviews for their own service delivery needs.

As such Customers will be required to:

a) Agree the local implementation of the provision of the Services and integration of electronic systems between their own organisation and the Supplier.

b) Identify a named officer (Contract Manager) who shall be a single point of contact for the Supplier and ESPO and/or Pro5 member.

c) Agree their own (tiered) Agency lists for Temporary Staffing requirements (where applicable) and any variations to the performance management tool used to monitor and manage Agencies.

d) Specify their own Job Descriptions and Person Specifications for Temporary Agency Workers.

e) Communicate to the Supplier any organisational policies or procedures that the Supplier, Agencies or Temporary Agency Workers will be required to observe in the delivery of the Services including any requirements for the clearance checking of Temporary Agency Workers including CRB requirements.

f) Communicate any requirements for access to data relating to Temporary Agency Workers.

g) Advise on the use of Job Centre Plus or any other local procurement initiatives relating to the selection of Agencies, together with any requirements for local work with other Customers on pay rates to Temporary Agency Workers.

h) Confirm the suitability of the Key Performance Indicators detailed in the Service Level Agreement forming part of the Customer Agreement.

i) Specify individual requirements for the provision of Management Information reporting.

j) Specify individual requirements for data release to law enforcement agencies.

k) Be responsible for the payment of invoices issued by the Supplier in respect of the Services delivered to them and to specify any local variations to invoicing requirements.

l) Agree details of their own baseline against which savings will be calculated.

m) Attend overarching contract review meetings as organised by ESPO from time to time.

n) Manage locally any performance issues or continuous improvement actions and to escalate to ESPO only those matters that frustrate the local arrangements.

o) Note that ESPO shall need to access all management information for the purpose of managing the Agreement.

Any service delivery requirements that are locally agreed relating to the above points and any other variations to the Customer Agreement including Contract Standards and the Service Level Agreement should be recorded in Schedule 2 (Local Arrangements) to this Customer Agreement


SERVICES DESCRIPTION AND SPECIFICATION

[ to be inserted ]


PRICING SCHEDULE

(including Invoicing Procedures)

[ to be inserted ]


LOCAL ARRANGEMENTS

[ to be inserted ]

ie: Working hours

Shift patterns

Types of staff required

Locations of customer establishments ]


EXAMPLE IMPLEMENTATION PLAN

1. An Implementation Plan will be required where identified in the order.

2. An Implementation Plan will be requested from the Supplier by the Customer in one of two ways:

a. Where customers are calling off from the Framework, an Implementation Plan will be requested by the Customer.

b. Where customers are re-opening competition underneath the Framework and invite tenders as part of a further competition process, an Implementation Plan will be requested as part of the tender submission.

3. The Implementation Plan will vary in degrees of complexity and timescales depending on the Customer’s specific requirements and the Customer’s current position.

4. The Implementation Plan will include a schedule of tasks to be undertaken, against a set timescale and will identify the responsibilities of the Supplier and Customer in implementing the Contract. Such tasks may include but not be limited to, provision of details of all hiring managers, job descriptions and person specifications for the roles, drafting and preparation of guidance documents for Hiring Managers and appropriate training for key users. The Supplier will (with full agreement with the Customer) create the Implementation Plan with milestone dates for achieving delivery and commencement of the Services.

5. Failure of the Supplier to deliver the Implementation to the agreed timescale will invoke a delay compensatory factor in the form of Service Credits which will be [1%] of the total value of the Order for each days delay up to a maximum of [10%] of the Order value. Continuing failure of the Supplier beyond this point shall constitute a fundamental breach whereupon the Customer may terminate the Agreement in accordance with Condition 12.1.4.2.


EXAMPLE SERVICE LEVEL AGREEMENT

Between

[name of Customer] (the Customer)

and

[name of Supplier] (the Supplier)

This Service Level Agreement (SLA) is intended to provide a framework for the way in which the Customer and the Supplier will work together to maximise the benefits of using the Supplier’s services for their temporary agency resources.

Both parties agree to deliver the services in accordance with the contents of this agreement.

1. Services covered

1.1. This Service Level Agreement sets out the agreed Service Levels to be provided by the Supplier to the Customer under the Contract entered into between the Customer and the Supplier under ESPO Framework reference number 653F/11 .

1.2. The managed service for temporary agency resources includes but is not limited to provision of suitably experienced and qualified Temporary Agency Workers in a timely manner to fulfil Assignments as required by the Customer, provision of all supporting management information as well as all related services, including but not limited to implementation and training.

1.3. This Service Level Agreement (SLA) covers the core level of service applicable to all Services provided as defined in the Specification (see Section 12 of the Invitation to Tender document)

2. Duration

2.1. This Service Level Agreement (SLA) will be valid for as long as there are Services still in use by the Customer which have been supplied in accordance with the Contract let under the ESPO Framework reference 653F/11

3. Services required

3.1. The Services shall be delivered in accordance with the Supplier’s Tender submitted and accepted [by ESPO (in the event that the Customer calls-off from the Framework] [by the Customer (in the event that the Customer re-opens competition underneath the Framework and invites tenders as part of a further competition exercise] delete as applicable

4. Ordering of Temporary Agency Workers

4.1. The Customer shall ensure that requests for Temporary Agency Workers are made in accordance with the Framework Agreement and that;

4.1.1. Hiring Managers provide the Supplier with sufficient detail to enable the Supplier to fill the Assignment with a suitably qualified and experienced Temporary Agency Worker, supplying or referring to a relevant job description and/or person specification when placing the order

4.1.2. requests for Temporary Agency Workers are authorised promptly

4.2. The Supplier shall ensure that;

4.2.1. the Hiring Manager can request an Temporary Agency Worker via a variety of channels

4.2.2. all Assignments are filled quickly with a suitably qualified and experienced Temporary Agency Worker within the following set timeframes

below table included as an example

Urgency of Assignment request

Temporary Agency Worker required to commence an Assignment

Timescale

Assignment Fulfilment Timescales from the Supplier required

within 4 hours within 30 minutes

within 24 hours within 1 hour

within 2-3 days within 4 hours

within 4-7 days within 48 hours

4.2.3. If the Hiring Manager wants to see CVs and conduct interviews, the Hiring Manager shall stipulate this in requesting the Temporary Agency Worker and shall indicate the timescale within which the Supplier shall supply CVs. Any specific format or technique required for any such interview will be confirmed to the Managed Service Provider by the Customer.

4.2.4. [if the Assignment is being filled by an Agency which is not the Supplier] all detail regarding the Assignment is shared with all tiered Agencies to enable the Agencies to promptly respond to the Assignment request.

5. Provision of Temporary Agency Workers

5.1. Fulfilment of a request shall be defined as the supply of a suitable Temporary Agency Worker, accepted by the Hiring Manager within the timeframe as set out in at 4.2.2 above.

5.2. The Supplier shall meet the following service levels

Type of assignment Fulfilment rate

standard assignments Minimum of 98%

‘hard to fill’ assignments (to be defined and agreed between the Customer and the Supplier)

Minimum of XX%

5.3. The Customer shall require an exception report detailing the action being taken by the Supplier to remedy the situation and the associated timescale for the remedy, in the event that;

5.3.1. the Supplier falls below the above stated levels for more than two consecutive months,

5.3.2. the Supplier falls below 90% for standard assignments in any one month

5.3.3. the Supplier falls below XX% for hard to fill assignments in any one month

6. Rejection of Temporary Agency Workers and cancel lation of Assignments

6.1. the Supplier shall ensure that appropriately qualified and experienced Temporary Agency Workers are supplied that are appropriate for the Assignment concerned

6.2. in the event that an Temporary Agency Worker shall not arrive on time to commence an Assignment the Supplier shall ensure that the Hiring Manager is notified without delay .

6.3. in accordance with the specification the Supplier shall make no charge to the Customer in the event that;

6.3.1. the Temporary Agency Worker fails to attend at the Assignment at the reporting time

6.3.2. the Temporary Agency Worker fails to attend or rejects the Assignment

6.3.3. the Temporary Agency Worker is rejected within the trial period (where such a trial period is agreed)

6.3.4. the Temporary Agency Worker is rejected within the first three hours

6.3.5. the Temporary Agency Worker is found not to have the defined requirements for the role

6.3.6. the Temporary Agency Worker is found not to have the correct and valid credentials to allow them to legally work in the UK

6.3.7. the Temporary Agency Worker is defined as being unfit for work or not being capable of carrying out the majority, or most of the specified tasks required safely and to the necessary standard.

6.4. The Customer shall notify the Supplier of the requirement for any change or cancellation of the assignment at least 90 minutes prior to the agreed Assignment start time.

6.5. If the Customer fails to comply with the requirement of 6.4 above they shall pay 50% of the cost of the first day or where the Assignment is less than one day, 50% of the Assignment charge, unless the Temporary Agency Worker can be placed elsewhere.

7. Communications and Account Management

7.1. Account Management

7.1.1. The Customer’s Contract Manager is [state name and job title] who can be contacted for further information or any issues or to give feedback on [insert contact details]

7.1.2. The Contract Manager shall be available for queries during Normal Working Hours [07:30 to 17:30]

7.1.3. The Supplier has nominated an Account Manager for the Customer. Any contact the Customer makes with the Supplier, should, in the first instance be made through [state name and job title] by contacting [insert contact details]

7.1.4. the Account Manager shall be available for queries during Normal Working Hours [07:30 to 17:30]

7.2. Service Helpdesk [if applicable]

7.2.1. Role

7.2.1.1. the Supplier shall provide a Service Helpdesk which will be the first point of contact for all Customer enquiries and service delivery related issues. The Service

Helpdesk shall be manned by suitably experienced individuals who are familiar with this Customer Agreement (and should not simply be an answering service).

7.2.2. Hours of cover

7.2.2.1. the period for which the helpdesk service is available is between the hours of [07:30 and 17:30 Monday to Friday], excluding all United Kingdom Public Holidays.

7.2.2.2. the working hours, upon which response and resolution times are calculated will be [07:30 and 17:30 Monday to Friday], excluding all United Kingdom Public Holidays.

7.2.3. Contacting the service helpdesk and call logging

7.2.3.1. enquiry/enquiries may be placed by email or telephone. In either case the processing of the call will only take place between the hours of [07:30 and 17:30 Monday to Friday], excluding all United Kingdom public holidays.

7.2.3.2. calls to the helpdesk shall be charged at local rate or lower. No charges at premium rate shall be made.

7.2.3.3. the Customer call logging procedure shall achieve the following functions

• provide a standard call logging procedure for the services provided

• minimises the risk of calls being unanswered or missed

• achieve customer satisfaction

7.2.3.4. the service desk can be contacted

• by telephone [telephone number to be inserted]

• by e-mail [email address to be inserted]

7.3. Out of Hours Service [if applicable]

7.3.1. Role

7.3.1.1. the Supplier shall provide an Out of Hours Service which will be the first point of contact for all Customer enquiries and service delivery related issues outside of the Normal Working Hours detailed above

7.3.2. Hours of cover

7.3.2.1. the period for which the helpdesk service is available is between the hours of [17:30 and 07:30 Monday to Sunday], including all United Kingdom Public Holidays.

7.3.2.2. the working hours, upon which response and resolution times are calculated will be [17:30 and 07:30 Monday to Sunday], including all United Kingdom Public Holidays.

7.3.3. Contacting the service helpdesk and call logging

7.3.3.1. calls may be placed by email or telephone. In either case the processing of the call will only take place between the hours of [17:30 and 07:30 Monday to Sunday], excluding all United Kingdom public holidays.

7.3.3.2. the Customer call logging procedure shall achieve the following functions

• provide a standard call logging procedure for the services provided

• minimises the risk of calls being unanswered or missed

• achieve customer satisfaction

7.3.3.3. the service desk can be contacted

• by telephone [telephone number to be inserted]

• by e-mail [email address to be inserted]

Contact Response Times Resolution Times

Customer enquiries by telephone

90% of calls answered within 4 rings



90% of enquiries answered within 24 hours


100% of enquiries answered within 5 days

Customer enquiries by email

90% of emails answered within 30 minutes

95% of emails answered within 1 hour

99% of emails answered within 2 hours



100% of enquiries answered within 5 days

8. Web Services

8.1. High up-time of web service are critical to all Customers, and represent the amount of time the Service is available

Uptime Level

Average level 98%

Minimum level 96%

9. Monitoring and Review

9.1. The Customer requires regular contact from their Account Manager with additional attendance by the Account Manager at ad-hoc internal review meetings. Initially for the first six months, monthly meetings should be diarised, with quarterly meetings thereafter. The Customer and the Supplier may agree to move this to less frequently, if this proves appropriate for the circumstances.

9.2. ESPO established the framework on behalf of the Customer, and ESPO will also conduct quarterly review meetings with the Supplier addressing any strategic issues arising across all Customers. If the Customer need to raise any issues with ESPO, please advise the Customer’s Contract manager who will make contact with ESPO accordingly (see 7.1.1)

9.3. Management Information

9.3.1. The Supplier shall provide to the Customer on a quarterly basis management information which should provide the detail as included in Schedule 7 of the Customer Agreement at no cost to the Customer

9.3.2. notwithstanding 9.3.1 above the Customer shall be able to run Management Information reports themselves from the system on an ‘as-required’ basis

10. Complaints and Resolution

10.1. In the event of any issues, the Customer’s Contract Manager shall in the first instance contact the Supplier’s Account Manager for resolution.

10.2. Any complaints raised will be managed in accordance with the Supplier’s complaints procedure. This process ensures that all complaints are dealt with in a professional manner, and to the satisfaction of the Customer.

10.3. If the issue is not resolved satisfactorily or escalation is needed, the Customer’s Contract Manager shall escalate the issue to ESPO, for discussion with the Supplier’s [Business Development Director].


MONITORING AND MANAGEMENT INFORMATION

In addition to the Data Definition (see Appendix 5 of this Invitation to Tender) which defines the standard of the invoice line detail, the following data is required for performance management purposes. This summary data must be submitted to the Customer on a quarterly basis (every three months from the commencement of the Framework) or as otherwise agreed with the Customer. Provision of such data shall not prevent the Customer requesting additional reports when required, or running their own reports from the system, if the system can offer this functionality.

Data should be from the period in question unless stated otherwise.

This list is not exhaustive, and may change over the life of the contract.

Data required by Customers

Measure Additional summary data to be provided (beyond that listed in the Data Definition)

Financial

Spend via contract by council Summary list of spend per council

Spend via by directorate and service Summary list of spend per directorate and service

Savings to date Summary of savings to date per council – to ensure no additional inaccurate savings are being accrued, savings are in addition to the spend figure

MSP fee Summary list of fees per council

ESPO fee Summary list of fees per council

Agency commissions Max, min and average fee in pence per specialism and role

Average savings expressed in pence Average savings % per specialism

Average assignment cost YTD Average assignment cost overall, per specialism

Average Hourly rate Average hourly rate overall and per specialism

Bill rate in compliance with rate card Where a rate card in is place, summary of assignment rates above rate card

Process / Operations

Total hours billed Summary of hours billed, per specialism, per role and per directorate

Average assignment length Average assignment length per specialism (Hours / Days / Weeks)

No. Temps on assignment at end date of period

Summary of number of live assignments, per specialism

Total no. assignments filled Summary of number of assignments filled in given period, per specialism

% requests for which candidates were submitted for roles

% of assignment requests where CVs were put forward for a role

Fill rates % of requested assignments which have been filled in given period, per specialism

Time to fill Average length of time taken to fill an assignment, overall and per specialism

% requests for which candidates were submitted for roles

% of assignment requests where CVs were put forward for a role

Systems downtime (including ordering telephone line)

% planned downtime

% unplanned downtime

System issues raised

% of system issues which are resolved with agreed SLAs

% of responses within agreed SLAs regarding considerations of future system developments

Time to resolve system issues Average length of time taken to resolve systems issues in given period

Erroneous free invoicing % of MSP invoices of invoice lines containing an error

Timesheets on time % of timesheets which are authorised on time, broken down by business area

Initial response times to request for candidate

% of responses after initial request which are within agreed SLA

Average assignment length Average assignment length per specialism (Hours / Days / Weeks)

Customer and Quality ( * denotes measures which wil l be assessed using feedback from customer satisfaction survey, see below example)

Service satisfaction* % of customer satisfaction as per survey feedback

Complaints made Summary of number of complaints received from users

Complaints resolved % of complaints from Customers resolved in accordance with the agreed complaints procedure

Quality of temps, including compliance to job spec*

% of customer satisfaction as per survey feedback

CVs matching request* % of customer satisfaction as per survey feedback

Turn up for interview % of candidates which arrive for scheduled interviews

Turn up on time % of candidates which arrive on time as per order

% interviewed for role % of CVs which are put forward and are interviewed

% offered after interview % of assignments offered after interview

% acceptance of role % of assignments which are accepted once offered

Assignment extensions Number of assignments extensions

Assignment early terminations Number of assignments which have been terminated early

Assignment cancellations Number of assignments which are withdrawn / cancelled prior to the start

% of assignments completed % of assignments which are completed (not including assignments which are terminated by the customer) as per original specified assignment length

Contract & Supply Chain Management

% supply from own candidate pool Overall % supply from own candidate pool vs supply chain

% SMEs in supply chain % of spend that is going through SMEs

% of tiered suppliers which are SMEs

No. of agency audits conducted Number of agencies audits in period

Agencies passing audit % agencies which have passed an audit

Average time to pay supply chain Number of days to pay each supplier in supply chain

Supplier complaints Summary of number of complaints received from supply chain

Added Value

Assignments > 13 weeks Summary of number of assignments which are longer than 13 weeks

Average hours per temp Summary of average number of hours worked per temp

Diversity To be defined as necessary at a local level

Locality To be defined as necessary at a local level

Example of Customer Satisfaction Survey Sample customer satisfaction survey to be used to support data provision

To be completed by recruiting/ hiring managers for each assignment

To what extent did you:

receive submitted CVs to your specified timescale? Better than

expected As expected Worse than expected

receive as many CVs as requested/ expected? Better than


find the CVs matched your specified requirements? Better than


Did all candidates offered an interview turn up? Yes No

If not – were you notified ahead of time? Yes No

Did you appoint? Yes No

Did the candidate:

arrive on time? Yes No

If not – were you notified ahead of time? Yes No

dress appropriately? Yes No

Perform the required tasks to the required standard? Yes No

Promptly submit accurate timesheets? Yes No

Behave appropriately? Yes No

Comments:

NB – This specific format is not mandatory but MSPs will need to collect data in order to provide statistic


ACTION ON EXPIRY OR TERMINATION

1. TRANSFER OF RESPONSIBILITY

1.1 The Supplier acknowledges that on termination or expiry of this Agreement for any reason, the continuity of the Service is of paramount importance. The Supplier shall minimise disruption caused and assist the implementation of any contingency plan proposed by the Customer to deal with the effects of such termination or expiry in so far as it is practicable to do so.

1.2 The Supplier shall promptly provide such assistance and comply with such timetable as the Customer may reasonably require for the purpose of ensuring an orderly transfer of responsibility for provision of the Services (or their equivalent) in the period immediately before the expiry or other termination of this Agreement. The Supplier shall ensure that its sub-contractors are under a similar obligation. The Customer shall be entitled to require the provision of such assistance both prior to and up to twelve (12) months after the expiry or other termination of this Agreement. If the Customer requires such assistance after the expiry or other termination of this Agreement and within twelve (12) months of the expiry or other termination of this Agreement, the Customer shall reimburse any reasonable costs incurred by the Supplier in the course of providing such assistance.

1.3 Such assistance may include, (without limitation) delivery of documents and data in the possession or control of the Supplier or its subcontractors which relate to performance, monitoring, management and reporting of the Services, including the documents and data, if any, and which the Supplier may otherwise obliged to disclose under this Agreement or otherwise beneficial to orderly transfer.

1.4 The Supplier shall not knowingly or purposely obstruct the ability of the Customer to ensure an orderly transfer of responsibility for service provision.

1.5 Within 21 days of being so requested by the Authorised Representative, the Supplier shall provide, and thereafter keep updated, in a fully indexed and catalogued format, all the information necessary to enable the Customer to issue tender documents for the future provision of temporary agency worker services.

1.6 The Customer shall take all necessary precautions to ensure that the information referred to in paragraph 1.5 above is given only to Suppliers who have qualified to tender or/have been successful in being selected as the Supplier following a tender exercise for the future provision of temporary agency worker services. The Customer shall require that such suppliers shall treat that information in confidence; that they shall not communicate it except to such persons within their organisation and to such extent as may be necessary for the purpose of preparing a response to an invitation to tender issued by the Customer; and that they shall not use it for any other purpose.

1.7 The Supplier shall indemnify the Customer against any claim made against the Customer at any time by any person in respect of any liability incurred by the Customer arising from any deficiency or inaccuracy in information which the Supplier is required to provide under paragraph 1.5 above.

2. TRANSFER OF UNDERTAKINGS

2.1 Where, in the opinion of the Supplier and/or the Authorised Representative, the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended are likely to apply on the termination or expiration of the Agreement, the information to be provided by the Supplier under paragraph 1.5 shall include, as applicable, accurate information relating to the Staff or Agency Workers who would be transferred under the same terms of employment under those Regulations, including in particular:-

2.2 the number of Staff or Agency Workers who would be transferred, but with no obligation on the Supplier to specify their names;

2.3 in respect of each of those members of Staff or Agency Workers their age, sex, salary, length of service, hours of work, overtime hours and rates, any other factors affecting redundancy entitlement and any outstanding claims arising from their employment;

2.4 the general terms and conditions applicable to those members of Staff or Agency Workers, including probationary periods, retirement age, periods of notice, current pay agreements, working hours, entitlement to annual leave, sick leave, maternity and special leave, terms of mobility, any loan or leasing schemes, any relevant collective agreements, facility time arrangements and additional employment benefits.

2.5 The Supplier agrees that if upon termination of this Framework Agreement, circumstances arise in which the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended are applicable, the Supplier shall in good faith co-operate with the Customer in the disclosure of information and the provision of other assistance so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties

2.6 The Supplier shall comply with the requirements of those Regulations in respect any personnel who will have been employed in the undertaking, or a relevant part of the undertaking, immediately before its transfer to the Supplier.

2.7 The Supplier shall indemnify the Customer in full and upon demand against any claim made against the Customer at any time by any person currently or previously employed by the Customer or by the Supplier for breach of contract, loss of office, unfair dismissal, redundancy, loss of earnings or otherwise (and all damages, penalties, awards, legal costs, expenses and any other liabilities incurred by the Customer) resulting from any act or omission of the Supplier on or after the date of this Agreement, except where such claim arises as a result of any breach of obligations (whether contractual, statutory, at common law or otherwise) by the Customer

ANNEX 6 - FRAMEWORK FEEDBACK FORM


1. Name of your organisation receiving Managed Services under this framework

2. Which Lot is your organisation utilising?

3. Name of Supplier to your organisation

4. What is the approximate annual value of business placed with the Supplier?

£

5. Did you call off or run a further competition?

6. You may have identified the Supplier by running a further competition exercise - how many Suppliers submitted a bid?

7. Is this the first time you have used this Supplier?

8. If No, on how many previous occasions have you used this Supplier?

YOUR OPINION OF THE FIRM: Please indicate your assessment of the Supplier by ticking the appropriate box for each of the following categories.

Exc

elle

nt

Goo

d

Ade

quat

e

Poo

r

No

know

ledg

e

Comments, if any

Overall satisfaction with the performance of the Supplier?

Flexibility and co-operation of the personnel assigned to work with you (and your colleagues)?

Professional competence demonstrated by the Supplier.

9. .

Process for implementation and timescales upon which services were implemented.

Contract performance reviews including management information and reporting.

Efficiency and co-operation of the Supplier in dealing with any problems or complaints that occur

Achievement of proposed cost savings and appropriateness of any action taken if not achieved

10. Are there any other comments you would wish to make concerning the Supplier which you consider would be helpful to us?

Signature:

Date:

Name of person signing this form:

Position:

Name of Customer organisation:

Address:

Telephone:

E-mail:

Please return this form to Gurvinder Kaur

• by FAX on 0116 294 4398 (direct to the Strategic Proc urement & Commissioning Team)

• or b y E-MAIL to [email protected] copying in [email protected]

653F_11 MSTAR User Guide issue 4 - WhatDoTheyKnow

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Transcript of 653F_11 MSTAR User Guide issue 4 - WhatDoTheyKnow