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Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

E3M Seminar: New Opportunities for Partnership between Social Enterprises and Commissioning Authorities Co-production, including commissioning without procurement (3). Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014. Development options best require:

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Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

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  1. E3M Seminar: New Opportunities for Partnership between Social Enterprises and Commissioning Authorities Co-production, including commissioning without procurement (3) Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

  2. Development options best require: • Consultation of users & market suppliers and Strategy set by priorities; • Further service consultation leading to informed service specifications; • Supplier engagement with consultations (within objectivity principle).

  3. New flexibilities within Directive: • Innovation Partnerships (AB to elaborate). • Competitive Procedure with negotiation.

  4. Preamble emphasis on distinctions from PP (note: State Aid rules relevant): • “Mere financing” e.g. grants; community support. • Authorising/licensing compliant suppliers to consumers; • Compulsory social services – non-economic services of general interest. • “Freedom of national/regional/local Authorities to define, commission, finance Services of General Economic Interest” (EU Treaty Art 14 Protocol 26).

  5. Pre-Commercial Procurement: • 2007 EC Communication – “…Driving innovation to ensure sustainable high quality public services”. • Pre-PP stages: research; solution exploration; prototyping; test/pilot services. • Risk/benefit sharing. • Directive says “co-financing research and development should be encouraged”; PP does not apply to co-financing. • Innovative reorganisation/development of public service markets/pilots/collaborations may, properly analysed, be pre-PP activities.

  6. Joint-ventures & rational investment • Commercial co-production/collaborative engagement/investment. • Distinguish from commissioning/procurement/contracting services - (AB to elaborate).

  7. Frameworks allow engagements within framework rules • An original procurement establishes suppliers which may supply under call-off contracts within scheme. • May be limited (non-procurement) further competition between framework suppliers.

  8. “Teckal” development companies within public sector • Authority subsidiaries may supply to Authorities within the public sector. • Allows new service development with later spin-out/co-investment possibility (but not as pre-determined intention).

  9. Julian Blake Co-head Charity & Social Enterprise Bates Wells Braithwaite 8th July 2014

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