Best value, PPP and PFI

We are in an extremely good position to offer the perfect "fit" for skills for a range of public/ private partnership initiatives, working closely with officers and members of the local authorities and other stakeholders. We offer a co-partnering approach where we can freely exchange know-how and innovation for the benefit of the end-users of the services which local authorities and other public bodies have to provide within a Best Value framework. We have a dedicated Best Value Projects Group which is responsible for delivering assistance in all facets of PPP/ PFI/ Best Value initiatives including:

• establishing the optimum structure and commerciality of the transaction and a robust procurement strategy. In our experience funders and community often share a common interest in the sustainability of PFI/ PPP projects (even if their motivations may be different). Funders' lawyers may have a different perspective and we see our role as getting them to own the project, whilst ensuring that the deal is commercially viable and the operator is only paid for what it is delivering;
• advising on maximising the flexibility available to a contracting authority with the EU procurement framework, not only with reference to the core project itself, but also related elements, if a scheme and additional facets would offer greater synergies, better value for money and a more commercial proposition;
• devising and monitoring the procurement timetable. We have, within our team, lawyers and non-lawyers with considerable project management experience. It is incumbent on us to ensure that we deliver what is required of is on time and within an agreed budgetary framework;
• developing robust evaluation criteria both for shortlisting and selecting the preferred bidder which reflect not only established PFI/ PPP practice (with particular reference to those matters highlighted in TTF Technical Note No 4 "How to appoint and work with a preferred bidder"), but also include ways of reflecting the views of local residents. We have experience (some good and some bad) of exhibitions held by bidders for PFI and regeneration schemes which we are keen to share with our clients;
• developing the documentation for the project including draft contract documentation. For example, in a PFI scheme, in our view, it is best to produce a draft agreement relatively early in the procurement process using our precedents and incorporating familiar definitions which are compliant with TTF, DETR and 4P's guidance. This should assist in achieving consistency in terminology at an early stage and in drawing out key issues likely to arise in the payment mechanism, output specification and service delivery plan. The clauses in the Project Agreement dealing with Best Value need to recognise the operator's role of facilitating front line services which themselves are subject to Best Value performance indicators.
• advising and assisting during final negotiations. Closing the deal effectively with the operator's funders will require considerable preparation for due diligence, particularly surrounding risk management and the protection of payment flow. The arrangements put in place by any contracting authority for managing risks retained by the public sector will be the subject of some scrutiny, particularly in terms of its arrangements with other stakeholders for managing change events;
• developing and settling all necessary contractual documentation. We are able to draw upon the extensive experience of members of our support team in relation to retail developments and multi-agency projects.

We also provide a research and secondment service to organisations seeking to develop best practice or otherwise needing to supplement existing skills with a view to getting high priority projects completed. We are assisting a number of contractors in developing innovative approaches to public/ private partnerships create a greater variety of solutions to fit local and regional needs.

For more information about our procurement services, please call Andrew Lancaster on +44 (0)121 212 7421 or email andrew.lancaster@anthonycollins.com or Mark Cook on +44 (0)121 212 7472, or email mark.cook@anthonycollins.com

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