SME's Unite

How small businesses can compete with the rising tide of larger public sector contracts

Whilst it is true that public sector bodies, particularly smaller district and borough councils, have a number of contracts with Small and Medium Enterprises (SMEs) to deliver goods, works and services, there is a trend throughout UK local authorities that sees them trying to group smaller contracts together into single, larger contracts. This is happening up and down the country.

The Theory

public sector tendering problem with large contracts

We all know that a major driver for public sector bodies at the moment is cost savings, yet there are still demands on these organisations to deliver certain services to the public. Initially some services were cut altogether and others were reduced. Often the responsibility to deliver savings was passed onto suppliers, being required to come up with more efficient ways of delivering more for less. However, there are only so many cuts to services that a council can make before the service deteriorates, so many local authorities have turned to grouping or aggregating smaller, associated contracts together in order to find further cost savings.

The theory goes that a single, larger contract will attract economies of scale.

A large company is better able to absorb cuts and deliver the service more efficiently as they can either source products at larger volumes to get discounts or have the back office infrastructure in place to drive the overhead costs down. Why pay ten separate companies ten separate fees, including ten sets of back office costs including HR, IT, legal, finance etc when you can pay one company one reduced fee?

In addition it allows local authorities to reduce the burden of contract management, giving them one contract to manage with one supplier as opposed to multiple.

The Problem

problem with public sector tenders

The problem with this approach is that it excludes a large proportion of the market. The SMEs out there are simply not capable of meeting the requirements of such a large scale contract. This means that only the national and international companies are able to bid, leaving fewer contract opportunities available to local, smaller enterprises.

This brings its own issues for the buyers. The big players in the market are nobody’s fools. They are aware of their position and by creating these monster contracts, buyers are inadvertently tailoring them to a smaller, and therefore less competitive, market. The economies of scale that were hoped for are in no way guaranteed as the larger companies know they are one of a handful of companies that could meet these requirements and often inflate their costs accordingly.

What’s more, it puts the buyers eggs firmly in one basket, increasing the impact of performance issues. A poorly performing supplier delivering on a small contract is problematic for the buyer. However, it is manageable and can be dealt with fairly quickly and easily. The cost of change for suppliers of smaller contracts is relatively low and the process relatively painless. Scale this up to a monster contract with a supplier facing performance issues and everything changes. Now we have poor performance across a wider range of services and the cost of change becomes prohibitive and difficult to manage.

Finally there is a missed opportunity for the buyers. By encouraging SMEs to bid and win council contracts, buyers inadvertently invite a wider economic benefit to their area. Often SMEs are local businesses and with local businesses, paying local business rates, employing local workers who spend their money in the local economy, more SME appointed suppliers creates a more vibrant business market within the area.

The Consortium Solution

public sector tendering advice and guidance

Although the number of larger contracts is likely to rise, it doesn’t mean SMEs, like yourselves, cannot get a look in. You can still compete for these contracts but you will need help to do so and this help comes in the form of partnerships.

What is a consortium?

A  consortium is a group of businesses who partner up and work together to deliver services as a unit. Local authorities allow consortium bids for contracts but often do very little to encourage or facilitate these kinds of bids.

By working with other, similar businesses you will be in a better position to meet the demands of larger scale contracts and draw upon the shared experience and expertise of your partner organisations. Like all new endeavours, forming a consortium takes planning and requires you to select competent and reliable partners to go into business with. If done correctly it can allow you to bid for and win larger council contracts. You can share both the burden of service delivery as well as the rewards that come with a public sector contract.

Cheat Sheet

Here we have condensed a fairly huge topic into a short cheat sheet to help you understand the basic steps involved in setting up a consortium.

Consortia come in many shapes and sizes however for the purpose of this article I will discuss a highly functional, uncomplicated and common model called the “lead provider model”.

public sector tendering consortium advice and guidance

What is the lead provider model?

Quite simply this promotes one of the partners as a lead, to represent and administer the consortium. The lead takes responsibility for the bidding and often takes an additional administrative fee from the contract to cover the extra tasks and risks associated with their position. The lead organisation will often take on a management role over the other partners and liaise directly with the buyer on behalf of the consortium as a whole. Although the lead organisation is essentially in charge, it doesn’t mean other consortium members don’t have a say. The degree to which partners get involved and have their voices heard must be discussed early on in the formation of the consortium and cemented in writing within a Partnership Agreement.

How do I form a consortium?

This will be a whistle stop tour to give the highlights and major milestones when forming your consortium. Please feel free to contact us for further information on our CONTACT page and we will try and help as best as we can.

Identify the requirements of the larger contracts you wish to bid for along with your company’s limitations

This will involve reading the tender documents published by local authorities in the wider region to determine the scope of the kinds of contracts you would be interested in winning. Note down what aspects you can deliver comfortably yourself and what aspects you will need partners to do as well as identifying the minimum qualification requirements local authorities tend to set on contracts of this scale.

Find partner organisations

Once you know what you can’t do, you need to find reliable companies who can cover this aspect of the contract. You can do this by searching local business listings, the charity commission website or the local chambers of commerce.

Hold your kick off meeting

Getting all partners in a room is a great first step. Here you can clearly set out your objectives with your proposed partners and work together to start to define key roles and responsibilities. Some of these organisations may well be your competitors in the market so make sure confidentiality is discussed.

Quality standards and capabilities

If you are to be both successful in your bid and maintain a public sector contract you will need to establish a set of standards that all partners agree to meet. You will need to be able to demonstrate the quality of your service delivery within your tender submission but also deliver on this otherwise you may risk losing the contract.

Each member should be able to commit to delivering their parts of the service and sign up to the standards expected of the consortium as a whole. Conduct due diligence of all members to ensure that you are satisfied that each partner can do what they say they will do, as well as checking to see whether you can deliver what you need to.

Administration

Next you will need to discuss and organise the practicalities. This will include things like each organisation seeking approval to join the partnership, identifying possible costs to set up and run the consortium and how this will be funded and identifying key personnel within each partner organisation to represent their interests.

You will also need to draw up a Terms of Reference document which should set out your common aims and objectives, a vision to keep you on track, timescales and frequency of meetings and more formally map out the roles and responsibilities of each partner.

Start planning

You should not only begin planning for success by developing an outline business plan but also plan for failure. Carry out a risk assessment should the consortium not win the contract, or members of the consortium not be able to deliver. Although it may seem like you are starting out with a negative mindset, it is always worth preparing for worst case scenarios and have a plan in place detailing how you will tackle each eventuality. It will make it easier for you and your partners to react and help to confirm whether each partner is ready and aware of their commitment.

Formal appointments

Identify your lead organisation in what ever way suits the partnership. This can be by vote or happen quite naturally however once this decision has been made, draw up a Partnership Agreement to formally document each partner’s roles and responsibilities, commitments, standards to work to and liabilities. You should seek legal advice on how this should be written up but all partners should agree and sign this document prior to bidding for any contracts.

Local authorities often want assurances of the quality of service delivery in their tenders. This document should detail how you intend to monitor and assure quality and what policies you will have in place to remedy performance or quality issues should they arise.

Bidding

Now that you have a consortium formed you will need to monitor tender opportunities and identify suitable contracts to bid on. The best place to do that will be either on TED (Tenders Electronic Daily) where all high value, public sector contracts are advertised or Contracts Finder. Both of the links can be found in our LINKS page. A summary of all of the latest contract opportunities can be found on our TENDER OPPORTUNITY page.

Once you have agreement from your consortium members to proceed with a particular opportunity, get started. Pull together your core group of representatives and distribute work in accordance with the Partnership Agreement. Ensure that you meet all of the minimum requirements of the tender and submit a robust, competitive and tailored bid to win the contract.