Transcript Slide 1

Public Services (Social Value) Act 2012
Nathan Holden, Partner
24 April 2013
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History
 Private Member’s Bill – Public Services (Social Enterprises and
Social Value) Bill – introduced by Chris White, MP for Warwick and
Leamington (C) in June 2010
 Aimed to strengthen the social enterprise business sector and
make the concept of “social value” more relevant and important in
the placement and provision of public services. National social
enterprise strategy provisions were withdrawn.
 Royal assent on 8 March 2012
 Fully in force from 31 January 2013 (ss 1 & 2: Commencement Order: SI
3173 of 2012)
Applies to:
 Contracting authorities in England and, to a limited extent, in
Wales
 Public services contracts
 Framework agreements where the greater part of the value is
likely to relate to public service contracts
**Notes:
• Applies to “relevant authorities “ which are contracting authorities for the purpose
of the Public Contracts Regulations 2006
• “Public services contracts”: the term has the same meaning as in the Public
Contracts Regulations 2006
• S1(13) of the PS(SV) Act limits application of s1 of that Act to public services
contracts and framework agreements in relation to which the Regulations would
have effect
• S1(1)(a)PS(SV) Act excepts from the definition of “public services contracts”
contracts which are awarded under the terms of a framework agreement
What must a contracting
authority do?
Before starting the process of procurement for public services
contracts and relevant framework agreements the authority must
consider:
 how, what is proposed to be procured might improve the
economic, social and environmental well-being of the relevant
area; and
 how, in conducting the process of procurement, it might act with a
view to securing that improvement; and
 whether to undertake any consultation on these two issues.
When does the process of
procurement start?
The contracting authority is considered as having started the process
of procurement as soon as it takes the following steps (whichever
occurs first)
 Despatch of a contract notice to the OJEU
 Publication of an advertisement seeking offers or expressions of
interest
 Contacting a person in order to seek an offer or expression of
interest
 Contacting a person in order to respond to an unsolicited offer or
expression of interest
 Entering into a contract or conducting a framework agreement
What is the “relevant area”?
 Area/s where the authority/ies on whose behalf the
contract/framework agreement is intended to be made primarily
exercise its/their functions (disregarding any areas outside the UK)
Considering how to conduct
the process
When considering how to conduct the process the contracting
authority:
 may only consider matters that are relevant to what is proposed to
be procured; and
 must consider the extent to which it is proportionate in all
circumstances to take those matters into account.
Implications for RPs
Two sides of the coin:


In your capacity as procurers of services
In your capacity as providers of services
{picture of a coin}
Thank you
Nathan Holden
Partner
[email protected]
www.freethcartwright.co.uk
Answers not options