Given the importance of climate change to the frameworks, the use of Single Procurement Document standardised statement 4C.7, was considered, as part of supplier selection.
However, given the variable level of understanding and expertise regarding carbon reduction among incumbent and potential suppliers, and the Council’s desire to work in partnership with Providers along the carbon reduction journey, the Council decided to modify 4C.7 and include it as an Appendix (Appendix 6) within the tender document. Modifications included:
Bidders were required to complete Appendix 6, but it was not scored or used as a supplier selection requirement. This would lay the foundation for further discussions to build upon and progress carbon reduction actions throughout the duration of the Framework Agreement.
Responses have been analysed and will be used to discuss with individual providers their plans and what help they may need, such as from the Council’s Business Gateway, Low Carbon Advisory Service. This will commence with priority providers in contract and supplier management.
While this case study emphasises the Council’s approach to carbon reduction, Fair Work First was also an integral element of this procurement, reflected by having a separate Schedule.
Fair Work, particularly payment of at least the real Living Wage, was linked to annual uplifts in line with Scottish Government guidance, and as such, was a compliance issue within the tender process requiring bidders to respond (yes or no) to two questions:
While acknowledging the challenge involved in excluding a bidder for non-compliance around a non-scored element, including matters of clear instructions and proportionality, the Council endeavoured to make it clear to all parties at a number of sections of the tender documents that a failure to provide responses to these sections may result in an incomplete, non-compliant, bid. This appeared to have the effect of incentivising them all to complete the sections.
By signing Appendix 5, the community benefits appendix, bidders were committing to work collaboratively to deliver community benefits in each year of the Framework Agreement. Bidders could offer community benefits in Year 1 but in Year 2 onwards the benefit was linked to the value of spend in the previous year.
By signing the Human trafficking / Modern slavery Appendix, bidders were committing to working collaboratively with the Council and Falkirk HSCP to reduce the risk of human trafficking / modern slavery in the performance of the framework agreements.
By signing Appendix 6 bidders were committing to provide information on their plans to reduce their carbon emissions, including any ongoing or completed plans.
All Providers that submitted a compliant bid confirmed their commitment to the Fair Work Principles and payment of at least the Real Living Wage. In addition, they also confirmed a commitment to delivering community benefits each year and working collaboratively on carbon reduction actions and to reduce the risk of human trafficking / modern slavery.
The analysis of responses to Appendix 6 within the framework tender submissions showed interesting information:
68% of the 78 bidders to the Care at Home framework (1) and 100% of the 17 bidders to the Care Home framework (2) stated they had either developed or were developing an organisational carbon footprint.
The level of detail regarding carbon reduction plans and measures inevitably varies, with some providers clearly having established plans, and measures implemented or planned to reduce their carbon impact. This includes over 25% of bidders to the Care at Home framework including measures relating to route planning /digital planning of services to minimise distances travelled (and therefore carbon emissions), while others are early in the net zero journey.
Providers generally appear to be doing, or plan to do, a range of measures. Some have proactively taken action and may not need support to progress further but should be able to demonstrate continual improvement. Others will need hand-holding and practical support. The Council is therefore prioritising providers to work with collaboratively on carbon reduction.
The Fair Work First, community benefits, climate and other sustainability requirements will be monitored in accordance with the Council’s contract monitoring processes for Care contracts.
Opportunities for development and continual improvement in carbon reduction will form part of the prioritised supplier management, supporting providers as necessary.
