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Welcome to the NAG and SOPO newsletter for 15 May 2020. Feel free to circulate to your colleagues.
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Personal protective equipment (PPE)
We continue to press Government for faster progress with the Clipper PPE ordering portal. At present, care homes and GPs have been added in a few pilot regions including Northumbria, Hertfordshire, Devon and Cornwall. The Department for Health and Social Care (DHSC) Project Team have told us they are liaising with all relevant LRFs in each roll-out stage so that they are aware who has been invited onto the portal, to avoid duplication and improve data collection. Latest reports suggest the system is fully functional and the process of scaling this up across the country is under way.
The Office for Product Safety and Standards (OPSS), within BEIS, has intercepted an estimated one million face masks in a batch of consignments at East Midlands airport.
We continue to flag issues that you report to us to Government and continue to press for a safe and sustainable supply. The United Kingdom Accreditation Service has issued some helpful guidance to differentiate the fake from the valid.
Responsible contractual behaviour in the performance and enforcement of contracts impacted by the Covid-19 emergency
The Government issued guidance at the end of last week that may be of interest to your procurement teams and contract managers. The guidance outlines a number of recommendations on contractual behaviour where it may be impacted by the COVID-19 emergency. In summary, the Government is strongly encouraging everyone involved in new or ongoing contracts to act responsibly and fairly in the national interest in performing and enforcing their contracts, to support the emergency response and to protect jobs and the economy.
The Construction Leadership Council have published some supplementary, construction specific guidance which can be found here.
Responsible and fair behaviour in contracts now – in particular in dealing with potential disputes – will result in better long-term outcomes for jobs and our economy. In complex contracting arrangements, this should apply throughout the contracting chain. It will in the long term protect businesses, supply chains and opportunities in the economy. Bad behaviour will be bad for jobs and potentially have a detrimental effect on our economic recovery.
Managing Contracts during COVID-19
The LGA has collaborated with our colleagues at Local Partnerships on guidance that sets out how to approach contract management where your contractor has applied for supplier relief.
The guidance calls for contracting authorities to act now to ensure that suppliers at risk are in a position to resume normal contract delivery once the outbreak is over. While there is uncertainty about timescales, the public sector plays a key role in maintaining business continuity and ongoing service delivery.
As a contracting authority, what approach should you be taking in terms of managing your contracts during this period of uncertainty? PPN02/20 sets out guidance relating to supplier relief. In order to qualify, suppliers must agree to work on an open book basis.
However, every contract is different, as are our suppliers, so it is important that you find an approach that works for you and provides appropriate support to the contractor.
Adult Social Care
Care Home Support Package
On Thursday 14 May, the Minister of State for Care, Helen Whatley wrote to all council chief executives, directors of adult social services and public health, care home providers and clinical commissioning group accountable officers regarding support for care homes. The specific responsibilities noted for DASS’s in the letter are on regular local communications, basic safety monitoring, safeguarding and the protection of human rights, which we asked to be included based on feedback from councils. ADASS are also working with CQC to develop a protocol for regular liaison with DASSs.
This letter also includes further information on the new Adult Social Care Infection Control and Workforce Resilience Fund. This follows the announcement of £600 million in additional funding for COVID-19 pressures in care homes. This funding aims to support adult social care providers to reduce the rate of transmission in, and between, care homes and support wider workforce resilience.
Care Home Testing
The Department for Health and Social Care issued detailed guidance on the process for testing involving all staff and residents of a care home. Along with this guidance there is a letter to Directors of Public Health and to Directors of Adult Social Services on their role in this, which is to prioritise which care homes should receive whole home testing and to offer support so that they are able to follow the process.
Business support
Department for Business, Energy and Industrial Strategy (BEIS) published guidance on the Local Authority Discretionary Fund to accommodate certain small businesses, previously outside the scope of the business grant funds scheme.
The guidance details how the 5 per cent baseline for the discretionary fund will be set for each authority. Councils will be expected to use any projected underspends from the Small Business Grant Fund and the Retail, Hospitality and Leisure Grant Fund first to fund new grants, before additional resources are provided. It also sets out the different levels of grant, the conditions that apply to the scheme and the sectors which the grant is aimed at.
Businesses with supply chains which rely on Trade Credit Insurance and who are experiencing difficulties maintaining cover due to the pandemic will now be able to get support from the Government. Trade Credit Insurance provides cover to hundreds of thousands of business to business transactions, particularly in non-service sectors, such as manufacturing and construction.
Infrastructure and construction
The construction sector is a major part of the UK economy, employing approximately 2.3 million people. The industry is being impacted by a slowdown in new contracts being let. In order to provide short-term certainty of future work, the Government is proposing to urgently publish a list of planned procurements through the financial year 2020/21. To ensure they have the most comprehensive view across all parts of government, for the first time the Infrastructure and Projects Authority are asking councils to contribute to the publication by 27 May. Please email shehroze.junejo@ipa.gov.uk for more information about getting involved.
Council workforce
In response to a number of queries we have raised with Government about the Coronavirus Job Retention Scheme, HM Treasury have provided additional information to help councils apply the guidance locally. Their clarification has been added to the LGA’s guidance but councils should be aware that it doesn’t provide all the information we have asked for.
Webinars/e-Learning
Buying Digital Community virtual meet-up
- Tuesday 19 May: Making the most of commercial during the coronavirus (COVID-19)
- Wednesday 20 May: Unleashing the quiet power of introverts
- Thursday 21 May: Understanding the latest IR35 update and its implications on digital procurement
- Friday 22 May: Engaging with SMEs during COVID-19 - a supplier’s view
Please find the full details of the Buying Digital Community virtual meet-up on Eventbrite.
Effective E-Procurement in the Public Sector - 25 May 2020
Risk Management in Public Procurement - 29 May 2020
Procure to Pay Process Optimisation - Reducing Costs - 9 June 2020
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