Analysis of the impact and value of community benefit clauses in procurement

This research draws on data from a large scale e-survey of public organisations and in-depth analysis of 24 individual contracts.


Footnotes

1. Scottish Government (2008) Community Benefits in Public Procurement. Edinburgh.

2. For example, Derry City Council (2013) Social Procurement: Building a Brighter Future 2013.

3. Scottish Government (2008) Community Benefits in Public Procurement. Edinburgh.

4. References to wellbeing include reducing inequalities.

5. The Procurement Reform (Scotland) Act incorporates the Climate Change (Scotland) Act 2009 by enabling contracting authorities to specify the use of recycled and recyclable products.

6. Audit Scotland (2014) Procurement in Councils.

7. For example, Derry City Council (2013) Social Procurement: Building a Brighter Future 2013.

8. Macfarlane, R (2014) Tackling Poverty Through Public Procurement. Joseph Rowntree Foundation.

9. Each procuring organisation sets its own priority groups but these are commonly unemployed people or young people not in employment, education or training.

10. 'Best endeavours' relates to voluntary agreements signed between the procuring organisation and the contractor. While not contractually binding, the agreement symbolises both sides' commitment to tackling a social issue. The research finds that best endeavours agreements have been widely used in Scotland, particularly in the early usage of CB (e.g. 2009-2011) as procuring organisations tested the capacity of contractors to deliver CB activities.

11. Macfarlane, R (2014) Tackling Poverty Through Public Procurement. Joseph Rowntree Foundation.

12. Education leaver, unemployed with no experience, or unemployed for at least 6 months.

13. Outcome Agreements are strategic plans that organisations commit to deliver in return for the public funding they receive (e.g. from the Scottish Government). Within Outcome Agreements, organisations may commit to supporting specific priority groups.

14. Jobcentre Plus and CIPD recommend that work experience placements are a minimum of two weeks in Jobcentre Plus and CIPD (2012). Work Experience Placements That Work.

15. Constructing Excellence in Wales (2012) Community Benefits Policies in Construction: Evaluating the Impacts. Welsh Government.

16. Derry City Council (2013) Social Procurement: Building a Brighter Future 2013.

17. Association for Public Service Excellence (2010) More Bang for the Public Buck: A Guide to Using Procurement to Achieve Community Benefits.

18. Ready for Business (2012) Embedding Social Value through Sustainable Procurement: Survey of Public Sector Commissioners and Procurement Professionals.

19. Social Enterprise UK (2012) The Social Value Guide: Implementing the Public Services (Social Value) Act.

20. Macfarlane, R and Cook, M (2002) Achieving Community Benefits Through Contracts: Law, Policy and Practice. Joseph Rowntree Foundation.

21. Macfarlane, R (2014) Tackling Poverty Through Public Procurement. Joseph Rowntree Foundation.

22. Constructing Excellence in Wales (2012) Community Benefits Policies in Construction: Evaluating the Impacts. Welsh Government.

23. Markie, K (2012) Targeted Recruitment and Training Clauses in Procurement. The Improvement Service.

24. Derry City Council (2013) Social Procurement: Building a Brighter Future 2013.

25. Association for Public Service Excellence (2010) More Bang for the Public Buck: A Guide to Using Procurement to Achieve Community Benefits.

26. Constructing Excellence in Wales (2012) Community Benefits Policies in Construction: Evaluating the Impacts. Welsh Government.

27. Macfarlane, R (2014) Tackling Poverty Through Public Procurement. Joseph Rowntree Foundation.

28. Audit Scotland (2014)Procurement in Councils.

29. Association for Public Service Excellence (2010) More Bang for the Public Buck: A Guide to Using Procurement to Achieve Community Benefits.

30. Ibid.

31. Scottish Government (2008) Community Benefits in Public Procurement.

32. Macfarlane, R and Cook, M (2002) Achieving Community Benefits Through Contracts: Law, Policy and Practice. Joseph Rowntree Foundation.

33. Scottish Government (2008) Community Benefits in Public Procurement.

34. Macfarlane, R and Cook, M (2002) Achieving Community Benefits Through Contracts: Law, Policy and Practice. Joseph Rowntree Foundation.

35. Constructing Excellence in Wales (2012) Community Benefits Policies in Construction: Evaluating the Impacts. Welsh Government.

36. Markie, K (2012) Targeted Recruitment and Training Clauses in Procurement. The Improvement Service.

37. Macfarlane, R (2014) Tackling Poverty Through Public Procurement. Joseph Rowntree Foundation.

38. Markie, K (2012) Targeted Recruitment and Training Clauses in Procurement. The Improvement Service.

39. Macfarlane, R (2014) Tackling Poverty Through Public Procurement. Joseph Rowntree Foundation.

40. Macfarlane, R (2014) Tackling Poverty Through Public Procurement. Joseph Rowntree Foundation.

41. Centre for Economic Empowerment (2012) Social Clauses in Northern Ireland: A Research Paper.

42. Ibid.

43. Ibid.

44. Scottish Government (2008) Community Benefits in Public Procurement.

45. McGregor, A, Fitzpatrick, I, McConnachie, M, and Thom, G (1995) Building Futures: Can Local Employment be Created from Housing Expenditure? Joseph Rowntree Foundation.

46. Markie, K (2012) Targeted Recruitment and Training Clauses in Procurement. The Improvement Service.

47. Centre for Economic Empowerment (2012) Social Clauses in Northern Ireland: A Research Paper.

48. Constructing Excellence in Wales (2012) Community Benefits Policies in Construction: Evaluating the Impacts. Welsh Government.

49. Derry City Council (2013) Social Procurement: Building a Brighter Future 2013.

50. Still employed at 26 weeks.

51. Contractor has ceased trading - limiting amount of data available.

52. Still employed at 26 weeks.

53. Best endeavours

54. Contractor has not monitored.

55. Best endeavours

56. Best endeavours

57. Contractor has not monitored but intends to do so going forward.

58. Main contractor was not able to provide data.

59. Includes 58 apprentices - but included here as no CB target set for apprentices.

60. Still employed at 26 weeks.

61. Total workforce - not recruits. Change of staff within main contractor - limiting amount of data available.

62. Includes 5 apprentices - but included here as no CB target set for apprentices.

63. Change of staff within main contractor - limiting amount of data available.

64. Still employed at 26 weeks.

65. Contractor unable to estimate.

66. Contract ongoing at time of interview.

67. Waterfront Phase 3 contract was expanded to include additional works, including Riverside lay by, infilling Craig Harbour, repairs to the Tay Road Bridge and other contingencies

68. Contractor unable to estimate given time as some time since contract undertaken.

69. Average of 45 per annum for 5.5 year contract. Data relates to 2011/12 - 2013/14 (i.e. first three years of contract).

70. Contract is ongoing - still over 2 years to run.

71. Data reflects one of three contractors.

72. Data reflects one of three contractors (i.e. - out of 7).

73. Data reflects one of three contractors (i.e. - out of 7).

74. Data reflects one of three contractors (i.e. - out of 7).

75. Targets for 2012/13 and 2013/14.

76. Data based on two out of three contractors (i.e. - out of 33).

77. Data based on two out of three contractors (i.e. - out of 33).

78. CB targets were graduate recruits. 1 per annum for main contractor plus 2 through sub-contractors.

79. Budget for work

80. Budget for work

81. Budget for work

82. Out of 373 recruited under contracts for which we have both recruitment from priority groups and additionality data.

83. Out of 916 recruited under contracts for which we have both recruitment from priority groups and sustainability data.

84. Contractor has ceased trading - limited amount of data available.

85. Best endeavours

86. Contractor has not monitored.

87. Contractor has not monitored.

88. Best endeavours

89. Contractor has not monitored.

90. Best endeavours

91. Contractor has not monitored but intends to do so going forward.

92. Main contractor was not able to provide data.

93. Waterfront Phase 3 contract was expanded to include additional works, including Riverside lay by, infilling Craig Harbour, repairs to the Tay Road Bridge and other contingencies

94. Apprentice recruited in line with CB target - but did not work on Painterworkers contract. Apprentice was a Link HA tenant - going beyond requirement of Link HA (no specific priority group was defined).

95. Data reflects one of three contractors. No CB targets set.

96. Only one of three contractors has been interviewed - apprenticeships were not part of their CB targets.

97. 1 apprentice per £500,000. Contract ongoing.

98. Based on 1 out of 2 contractors - i.e. out of 2 apprentices.

99. Budget for work

100. Target is 10% - as less than 10 apprentices recruited, this has been allocated a value of 1 as cannot offer part of an apprenticeship.

101. Budget for work

102. Target is 10% - as less than 10 apprentices recruited, this has been allocated a value of 1 as cannot offer part of an apprenticeship.

103. Out of 44 apprentices recruited under contracts for which we have both apprenticeship recruitment from priority groups and additionality data.

104. Out of 27 apprentices recruited under contracts for which we have both apprenticeship recruitment from priority groups and sustainability data.

105. Contractor has ceased trading - limiting amount of data available.

106. Target was 10 plus reasonable endeavours.

107. Best endeavours.

108. Contractor has not monitored.

109. Best endeavours.

110. Best endeavours.

111. Contractor has not monitored but intends to do so going forward.

112. Main contractor was not able to provide data.

113. Change of staff within main contractor - limiting amount of data available.

114. Waterfront Phase 3 contract was expanded to include additional works, including Riverside lay by, infilling Craig Harbour, repairs to the Tay Road Bridge and other contingencies

115. Contractor unable to estimate given time as some time since contract undertaken. Believes some but not all placements would have been offered. In particular, placement opportunities for university students would not have been offered without CB clause.

116. Contractor has not tracked.

117. Contractor offers work placements on a regular basis - and would have delivered work placements in relation to this contract even if there had not been a community benefit. However, have included as 'additional' here as discussions around CB clause led them to targets these at the procuring organisation's (a housing association) tenants. This was not specifically required within CB clause.

118. Data reflects one of three contractors.

119. With exception of targets for graduates (3) all targets were in 'weeks' rather than 'people' so not included here.

120. Work experience placements for schools

121. Budget for work

122. Budget for work

123. Budget for work

124. Out of 306 work placements under contracts for which we have both work placement for priority groups and additionality data.

125. Out of 106 work placements under contracts for which we have both work placement for priority groups and sustainability data.

126. Contractor has ceased trading - limited amount of data available.

127. Best endeavours.

128. Unwaged training weeks.

129. Contractor has not monitored.

130. Learning outcomes amongst workforce.

131. Main contractor was not able to provide data.

132. Waterfront Phase 3 contract was expanded to include additional works, including Riverside lay by, infilling Craig Harbour, repairs to the Tay Road Bridge and other contingencies

133. Target is to average 46 recruits from priority group (local unemployed) plus 21 employees receiving professional body approved training per annum for 5.5 year contract. Data relates to 2011/12 - 2013/14 (i.e. first three years of contract).

134. 338 'training places' (SVQ Level 2 and above) plus 72 'professional body approved training place schemes' (e.g. RICS).

135. Leading to SVQ Level 2.

136. Leading to SVQ Level 2.

137. 1 supervisor training for sub-contractors and 1 Advanced Health and Safety (H&S) training for subcontractor. Contractor also delivered 1 training plans for sub-contractors.

138. 1 SVQ for sub-contractors; 2 supervisor training for sub-contractors; 1 leadership training for sub-contractors; 1 Health and Safety (H&S) training. Contractor also delivered 4 training plans for sub-contractors.

139. Targets for 2012/13 and 2013/14 - expectation that accredited training went along with the job.

140. No target for training but all apprentices were put through SVQ Level 3.

141. Non accredited traning for young carers before March 2015

142. Contract is ongoing.

143. No target for training but all apprentices were put through SVQ Level 3.

144. Budget for work

145. Budget for work

146. Budget for work

147. Out of 506 receiving training under contracts for which we have both numbers from priority groups receiving training and additionality data.

148. Out of 506 receiving training under contracts for which we have both numbers from priority groups receiving training and additionality data.

149. Out of 506 receiving training under contracts for which we have both numbers from priority groups receiving training and additionality data.

Contact

Email: Joanne Farrow

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