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Code of Conduct - the Merlin Standard Lucy Williams and Simon Shimmens AGENDA • Commissioning Strategy and the Code of Conduct – DWP perspective • Code of Conduct – provider viewpoint • Merlin Standard – pilot activity & benefits • Ombudsman service – how will it work • Shared information – update • Future considerations and next steps 2 Commissioning Strategy • prime contract model is fundamental to the rollout of future contracts • supply chain dynamics require changed behaviours & expectations at every level • in pursuing its strategy DWP is mindful of the importance of its stewardship role • each major contracting round helps identify issues and challenges 3 Prime Contract supply chains DWP Tier 1 prime contractor Tier 2 subcontractor Tier 3 delivery partner Tier 4 specialist provider 4 Code of Conduct – provider view from lessons learnt review: ‘develop code of conduct assessment process’ - to address the following: - code ‘has no teeth’ - ombudsman required - standard formats required for shared information 5 Code of Conduct • Values – acting with integrity • Pre-awarding of contract – supply chain set-up • Post-awarding of contract – commitments honoured • Equality and diversity - policies and promotion • TUPE – application and sharing of information • DWP undertaking – upholding standards + monitoring and enforcing the Code of Conduct 6 Code of Conduct – ‘no teeth’ • contractual requirement and expectations are part of contract terms • tier 2 (subcontractors) also have status, being formally part of the bid document • some non-primes remain nervous and evidence needs to demonstrate positive prime contracting behaviours 7 ‘no teeth’ - opportunities • to identify and publish positive behaviours to help establish recognised norms within supply chains • for the assessment process to be developed with direct involvement of providers and representative bodies, with ongoing involvement/ownership at the end of the two year pilot 8 Why will Merlin pilot help? • flexible pilot – co-regulation with DWP to develop supply chain behaviours • smaller provider ‘voice’ will be heard via 360 degree feedback of primes – and of DWP as commissioner • ensure compliance with the Code and recognise other standards e.g. star rating • focus on sharing best practice will help to raise standards of behavioural norms 9 How will Merlin work? • assessment visit - duration and fees based on highest tier of operation: - self-assessment highlighting best practice - assessment visit – independent assessors - results and best practice posted on Merlin web portal • access to web portal and information services –via annual subscription 10 Benefits for providers • web portal will be a valuable ‘shop window’ for the sector : - who, where and doing what • positive prime behaviours will be more openly advertised, including to DWP • smaller providers will directly influence the status of primes and higher tiers – reflecting not least on their track record of supporting and capacity building 11 Benefits for providers (cont…) • primes who invest in the development of healthy, high performing supply chains will be openly recognised by their supply chain partners • new entrants at every level will find it easier to ‘navigate’ the sector • primes requiring additional delivery capacity and expertise will have another communication channel open to them 12 Benefits for DWP • co-regulation helps to develop the prime contracting model • providers at every level influence what is important in supply chain dynamics • in line with the Commissioning Strategy DWP is able to step further back from supply chain management • DWP receives regular 360 degree feedback on its role as commissioner 13 Ombudsman service – why? • lack of trust that primes will honour commitments to work in line with code • lack of confidence that DWP is equipped to deal with supply chain disputes • DWP may be complicit in supply chain problems that arise so must be separate • an independent body can help to establish acceptable and unacceptable behaviour over time 14 Ombudsman service - process • providers submit a case if dispute resolution procedures fail • administration part of the service will ensure cases meet criteria and have sufficient supporting information • panel convened to consider the case and make a judgement • result notified to providers and DWP 15 Sharing standard information • subcontracting area of DWP website includes a draft standard form for information sharing between providers • Merlin pilot activity will help to develop such standard templates to enhance efficiency within procurement rounds • The Merlin web portal will progress to provide a range of useful downloads 16 Future considerations for Merlin • pilot activity will need to establish what supply chain tiers will require certification against the standard • Merlin services must carefully ‘dovetail’ with existing interfaces with providers • how will innovation be encouraged over and above the sharing of best practice? 17 Future opportunities for Merlin • feedback on the success of the standard plus the requirements of future contracts will mean the standard will need to evolve over time • the standard will potentially be able to adapt to co-commissioned contracts – other government departments are already involved 18 Next steps: • pilot support contract in place to develop and test Merlin services • standard information being used for forthcoming contracts • Advisory Group of providers and representative groups working with DWP • DWP working group to align internal interfaces and help develop co-commissioning opportunities 19 Expected outcomes: • co-regulation of supply chain behaviours in the future • independent ombudsman service in place for future supply chain disputes • improved and independent sharing of best practice and key information • DWP achieve further development of the Commissioning Strategy in true partnership with providers 20 Contact details: Lucy Williams Merlin Pilot Project Manager [email protected] Simon Shimmens Merlin Pilot Advisor [email protected] 21