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Local Authorities and Opportunities for SMEs - the Outome of the Glover Review


November 2008 saw the publication of the Glover Review, looking into the opportunities for Small and Medium Sized Enterprises (SMEs) participating in large scale projects. The Review was commissioned by the Chancellor of the Exchequer and chaired by Anne Glover CBE, Director of Amadeus Capital Partners. The Review, entitled “Accelerating the SME economic engine: through transparent, simple and strategic procurement”, issues recommendations to build on improving SME participation in public procurement.


The Consultation


The Glover Review is informed by a consultation involving both businesses and public authorities, with over 13,000 responses received. The Review notes that UK public procurement nationwide has an estimated value of £175 billion per annum, amounting to approximately 13% of UK GDP, however, SMEs find that they have substantial difficulties in competing with larger businesses in the public procurement market. The opinion of the SMEs consulted was that the key issue for Government was to address the issues of transparency, simplicity and making procurement strategic.

The consultation looked at the practicality of creating a target for SMEs to win 30% or more of all UK public procurement, although the view of the SMEs consulted was that a goal of this nature is not necessary, if SMEs could compete on equal terms with large firms. Public Authorities also believe that an “optimal level” of procurement from SMEs should not be given as it would risk distorting the markets. The Review concluded that although a target would be ineffective, it would be beneficial to require the public sector to report on the value of contract spend with SMEs. The Review considers that this monitoring would allow the Government to examine the success of the measures used to improve SME access to public procurement, as well as providing evidence for any future policy decisions.


The Recommendations


The Glover Review made twelve recommendations under the headings of “Transparency”, “Simplicity”, “Strategic Improvement” and “Measurement” to improve SME participation in public procurement. These recommendations are:



Transparency

Contract opportunities above £20K across the public sector should be advertised electronically with standard indicative contract value ranges. These advertisements should be accessible through a single, free online portal.
Government should issue all tender documentation electronically by 2010. Businesses should be permitted to tender electronically by 2010 and there should be no paper only tenders after 2010. All tenders should be electronic by 2012.
Contract Awards naming the successful tenderer should be published online, in a standard format within 48 days of the contract signature. This information should be accessible via a single portal.
Tenders thought especially suitable to SMEs or consortia of SMEs should be flagged as such by the procurer during the advertising process. The Government should provide guidance for procuring authorities on assessing the contracts for flagging. The guidance should be based on risk, value and market maturity.

Simplicity

Qualification criteria not specific to a sector should be standardised and incorporated into prequalification questionnaires. This is to prevent unnecessary repetition of submitting the same core information in different formats.
Procurers should give businesses the opportunity to provide details of all previous relevant experience when bidding for contracts, rather than just public sector experience.
If procurers rely on a specific accreditation scheme or standard as part of the prequalification of contract award, a flexible approach should be taken. There should be an opportunity for businesses to provide evidence that they can meet the contract requirements by reference to similar accreditations or standards that they may hold – especially if those standards have been recognised or required by other public sector procurers.

Strategic Procurement

Departments should use Innovation Procurement Plans to set out how procurement aligns with their overall commercial strategy. This should encourage innovation and give advance notice of long-term procurement plans.
Government should encourage wider use of outcome-based specifications across the public sector, as a means of driving innovation.
Government should expect and enable prime contractors to make sub-contracting opportunities accessible through a single, online portal.
Government should ensure that SMEs and other firms acting as sub-contractors obtain contract conditions (including promptness of payment terms) that are no worse than the main contractor.


Measurement

Central government departments should report annually on the value of their contract spend with SMEs. This should create a reliable source of data to be used to inform future policy and evaluate the recommendations in the Review.


Response to the Glover Review

The response to the Review appears positive. The OGC notes that the Government has welcomed the Review’s findings. Furthermore, the All Party Parliamentary Small Business Group has launched an inquiry to further examine SME participation in public procurement – with comments being welcomed on the recommendations of the Review. It would seem that the need to create opportunities for SMEs to participate in public procurement is now being appreciated.


The Glover Review can be read in full at: http://www.hmtreasury.gov.uk/d/pbr08_economicengine_2390.pdf
An earlier TPP Law News article on this issue can be read at:
http://www.tpplaw.co.uk/News/newsitems/News0019.aspx

For More Information Contact:
Peter Hill
TPP Law Limited
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London SE1 ODB

t 020 7620 0888
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Email: Peter

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Sunday, 05 September 2010