The inherent complexity of social value instruments does not stop there. With the rapid escalation of legislation,
procurement directives and industry frameworks – 5 since March 2014 alone (UK, EU, India, USA), the conflicting
advice and structures between local, national and international initiatives, means that dependent procurement
decisions are increasingly leading to significant litigation. Typically procurement metrics within the usual PQQ/ITT
process usually have less than 5% difference between success and failure, but social value structures are typically
asking to demonstrate 10-20% social impact in contract value (20% being the EU/UK goals
, larger in Wales), so
the importance of getting proper processes right cannot be underestimated.
All this within a backdrop of decreasing available resources to the public sector but increasing commitment to
promote ‘good’ businesses often linked to the complexity of attendant ‘difficult to do’ agendas such as health, well-
being, education, poverty, deprivation, unemployment, crime, etc. With some local authorities preparing for a very
significant reduction in staffing whilst simultaneously aiming to expand CSR values across their localities the
potential problems are evident. In effect procurement departments aim to target the tens of thousands of varying
sized businesses registered on their digital tendering platforms or procurement portals in a manner which is both
transparent and efficient; this means inevitably scalability of existing approaches is a severe bottleneck. Not only
measuring but also monitoring social value performance puts an onerous burden on the public sector and
SME
/micro businesses. This is worsened by the use of not-for-fit purpose social impact analysis techniques which
are usually expensive, overly complex, slow, resource intensive, subjective, easily challenged, difficult to articulate
and niche; shockingly there are over 1150 social impact metric techniques internationally so creating a bewildering
choice for the naïve operator.
To get around such hurdles public sector organisations have come up with some interesting but questionable
solutions. The usual outsourcing the responsibility to the corporate professional advisory industry is, of course,
illegal due to the conflict of interest; the poacher cannot become the gamekeeper unless it disowns the clients which
they are also measuring. In frustration some have developed their own metric, ignoring the industry standards that
have been developed by professionals over years of research and refinement; naturally they are incomplete and fail
to conform to the plethora of global industry frameworks. Unfortunately the sector is also often counter intuitive
falling foul of broader EU regulations that mean you cannot give preference to local suppliers. Even selected
sampling for monitoring contracts is discriminatory.
This report is not just fact finding, not only about best practice and neither simply researching what acceptable
would look like. It not only sets out the details of the issues, but provides pragmatic solutions that can be readily
implemented within the normal operating operandi of public sector organisations. It is not academic research but
sits within an agnostic, non-agenda, non-partisan university approach with significant advisory across all sectors..
This is a developing understanding of the space and thus it is not perfect but it is comprehensive. We have given
what is legal, compliant with national and international frameworks, the choices available, how to compare apples
with oranges in social value, best way to implement and how to avoid significant costs.
Pre-Qualified Questionnaire (PQQ) and Invitation to Tender (ITT)
Minimum of 20% of ESF funding to LEPs is ring fenced from ESIF/EDFT to deliver social inclusion and
eradicating poverty
Small to Medium Sized Enterprises
Practices that are likely to end you in expensive litigation include ignoring extensive EU
and UK legislation, positive discrimination for local suppliers, the use of conflicted
corporate advisory services to determine procurement, use of metrics outside industry
standards, sampling of monitoring performance, failing to take into account social value
performance outside your region. Ignorance is no defence in court.