MSTAR3 - Statement of Work bolt on

Jonathan Brown made this Freedom of Information request to Eastern Shires Purchasing Organisation

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Dear Eastern Shires Purchasing Organisation,

Please could you advise the following :

• The CPV code or codes in the original MSTAR3 contract and award notices which allows for the provision of Multi category consultancy services under this framework
• How the provision of multi category consultancy services or Statement of Work (SOW) was tested under the quality criteria in the original ITT
• Which contracting authorities that have called off the MSTAR3 framework are using the SOW bolt on
• What clause or clauses in the call off allow for the provision of consultancy services as opposed to recruitment services / the provision of temporary staff

I am asking these questions as we are a supplier to specialist consultancy neutral vendors eg Bloom , Constellia and consultancy + , and have been asked to register with another neutral vendor known historically for the provision of contingent labour who are stating that their local government client is using them for procuring "SOW " via their existing MSTAR3 contract. But our legal counsel has expressed concern that the framework does not allow for this referring to the CPV codes in particular. Additionally, we work "outside IR35" the CPV codes included in the award notice suggest that all work via this framework would be "inside IR35" is that correct?

Yours faithfully,

Jonathan Brown

Fiona Holmes, Eastern Shires Purchasing Organisation

Dear Jonathan,

Many thanks for your below email.

I write to acknowledge receipt of your FOI request.
Your reference number is 2022.01.

Kind regards
Fiona

Fiona Holmes
PA to Directorate
t: 0116 294 4136 | e: [email address] | w: espo.org

Barnsdale Way, Grove Park, Enderby, Leicester, LE19 1ES

show quoted sections

Fiona Holmes, Eastern Shires Purchasing Organisation

6 Attachments

Dear Johnathan,

 

Please see attached response to your FOI request Reference 2022.01.

 

 

Kind regards

Fiona

 

Fiona Holmes

PA to Directorate

t: 0116 294 4136 | e: [1][email address] | w: [2]espo.org

 

Barnsdale Way, Grove Park, Enderby, Leicester, LE19 1ES

 

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Dear Eastern Shires Purchasing Organisation,

Please pass this on to the person who conducts Freedom of Information reviews.

1. I asked for the CPV code which allows for the SOW optional additional services . You have cited CPV codes 79600000 and 7962000 which are for recruitment services not consultancy services . Could you confirm that there are no framework CPV codes which allow for SOW /consultancy services ? And as such , whilst this may have been an oversight when the framework was procured ,can you confirm that SOW and consultancy services should therefore not be procured via this framework ?
2. Assuming the “core” services are recruitment services , can you confirm that the provision of SOW /consultancy services was not tested from a quality perspective during the framework tender process? And as such ESPO in no way verified any particular supplier’s ability to deliver SOW ?
3. Could you please list all organisations who have called off the MSTAR 3 framework and the associated providers ?
4. If you do not have specific information about which CAs are using the SOW additional service, can you confirm that ESPO not hold copies or records of MSTAR3 call-off contracts? If you do hold copies records of the Services are detailed in the schedules attached to the call-offs and in the Services section it details if the Contracting Authority is using the additional SOW service ? Therefore if you do in fact hold copies of the call-offs, then you do hold the information required and can detail which Contracting Authorities are using the SOW additional service . Please therefore do so if you hold copies of the call-offs
5. The provision of SOW in the call-off and framework agreement requires some fundamental different clauses (to the ones associated with the core recruitment services ) to cover the risk associated with the procurement and management of SoW and Consultancy services. This includes, for exampl,e the requirement for suppliers to have relevant insurance which covers consultancy services not (just) recruitment services. And the payment of invoices which are milestone related . Please therefore confirm that the call-offs provided in the original framework agreement have no provision for SOW/consultancy services under this framework ? It would also be worth pointing out that any subsequent adjustment to the call-offs by any supplier on the framework or Contracting Authority would represent a material change and therefore make the agreement non compliant from a PCR perspective

It therefore looks to all intents and purposes that whilst ESPO had good intentions in trying to encompass SOW/consultancy services in the additional Services element of the framework, the way the framework has been set up makes the provision of such services non compliant from a procurement perspective , untested from a framework supplier perspective and contractually flawed from a consultancy marketplace perspective. We do not understand why any Contracting Authority would take up this option after sufficient due diligence when there are other Neutral vendor MSP arrangements in place which are set up correctly for SoW /professional Services .

Yours faithfully,

Jonathan Brown

Fiona Holmes, Eastern Shires Purchasing Organisation

Dear Jonathan,

Many thanks for your below email.

I write to acknowledge receipt of your FOI request.
Your reference number is 2022.04.

Kind regards
Fiona

Fiona Holmes
PA to Directorate
t: 0116 294 4136 | e: [email address] | w: espo.org

Barnsdale Way, Grove Park, Enderby, Leicester, LE19 1ES

show quoted sections

Kelly Foster-Hall,

2 Attachments

Dear Mr. Brown,

 

Re:         FREEDOM OF INFORMATION ACT 2000 – INFORMATION REQUEST

FOI Request Number: 2022.01

Description: MSTAR3

Framework Number 653F_19

 

Thank you for your email of 24 March 2022.

 

I am dealing with this request under the Freedom of Information Act 2000.

 

I would be grateful if, before a response is finalised, you would kindly
complete or correct the first and second sentences of your paragraph 4 and
review whether you could clarify other parts of your email to ensure. 
Unfortunately, some of the sentences do not read in a way that we can
accurately decipher what is exactly meant by your request. It would be of
further assistance if you would explain what you mean in each instance by
your reference to “SOW”.

 

I thank you in advance for your clarification of matters and look forward
to hearing from you.

 

Yours sincerely

 

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