LEARNDIRECT -Your Contracting and Sub-contracting Guidance

Magia made this Freedom of Information request to Skills Funding Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear CEO,

I want to know about learndirect subcontracting guidance issued by SFA to their prime contractors.

Do the prime contractors need to observe / comply with the Procurement Guidance Norms?? If yes, which norms do they need to observe? Give details of it.

If any of the prime does not observe / comply the sub-contracting norms as above, do you have any power to act against the prime or direct the prime to do justice with the existing sub-contractor/ proposed sub-contractor who has been adversely affected at the time of renewal / award of contract?

If the learndirect contract with sub-contractor is not renewed by the prime, can the employees employed on the LearnDirect delivery be regarded as falling under the TUPE provision relating to Transfer?

Yours faithfully,
Mr. Magia

Freedom of Information (Skills Funding Agency), Skills Funding Agency

Dear Mr Magia

Thank you for your request for information about LearnDirect.

Your request was received today 7 September and we are dealing with it under the terms of the Freedom of Information Act 2000.

Under the Act we have 20 working days (excluding weekends and bank holidays) to respond. Day of receipt is working day '0' and the last day we can respond is working day '20'. We can advise that we will respond on or before the 5 October.

Yours sincerely
__________________________________________________
Information Rights Manager

Skills Funding Agency
Information Management Services
Cheylesmore House
Quinton Road
Coventry
CV1 2WT

E: [email address]

Providing excellence and expertise to the education and skills sector
__________________________________________________

show quoted sections

Russel Bailey, Skills Funding Agency

Dear Mr Magia

I am responding to one of your requests for information, where you
sought the following:

"If the learndirect contract with sub-contractor is not renewed by
the prime, can the employees employed on the LearnDirect delivery
be regarded as falling under the TUPE provision relating to
Transfer?"

The Agency has undertaken a search and can advise that it does not
hold any information in relation to this request.

The Agency continues to handle your other requests and will respond
on or before the 5 October as previously advised.

Yours sincerely

Russel Bailey

Head of Records and Rights

Skils Funding Agency

Dear Russel Bailey,

Thanks for the reply on TUPE applicability in case of termination of LearnDirect contract.

With regards to other issues I have asked for, for your convenience, I have put them in more clearer and easy way:

a) The subcontracting guidance issued by SFA to their main contractors of Learndirect Contract for sub-contracting;

b) Do the main contractors need to observe / comply with the Government’s Procurement Code of Good Practices while sub-contracting for Learndirect with other party?? If yes, which norms do they need to observe? Request you to give details of it.

c) If any of the main contractors does not observe or comply the sub-contracting norms as above, do you have any power to take any action against the main contractor?

d) Under such circumstance as mentioned in item – c, what remedy lies with the existing sub-contractor who is denied renewal of the Learndirect contract who has been adversely affected due to termination of the Learndirect contract?

I will await reply to my querries by 5th Oct 2011 as informed by you in previous communication.

Thanks.
Yours sincerely,

Magia

Russel Bailey, Skills Funding Agency

Dear Mr Magia

Thank you for your further message regarding your requests for
information.

You have provided further wording relating to your requests and I
expect that the our response will address the requests previously
made and which are outstanding, as also covered in your further
wording (a), (b) and (c).

With regard to point (d), you have asked:

What remedy lies with the existing sub-contractor who is denied
renewal of the Learndirect contract who has been adversely affected
due to termination of the Learndirect contract?

I can advise that the Agency does not hold any information in
relation to this request.

I will write to you again in relation to the outstanding requests
on or before 5 October.

Russel Bailey Head of Records and Rights Skills Funding Agency

Russel Bailey, Skills Funding Agency

1 Attachment

Dear Mr Magia

Further to our previous correspondence, please find attached the
Agency's response to your requests for information.

Yours sincerely

Russel Bailey Head of Information Compliance Skills Funding Agency