Robert Breedon
Partner
Leader of Health & Care Sector (UK)
Co-leader of Government Sector (UK)
Article
11
In our Insight, New Update to the Cabinet Office Outsourcing Playbook: your essential roadmap to the second edition, we flagged the arrival of the second edition of the Cabinet Office's Outsourcing Playbook and updated accompanying guidance notes. This is the second of a series of Insights designed to outline what is new, as well as breakdown some of the existing key policies and reflect on our experience of how these have shaped procurements in practice.
Given the volume of material contained in the Outsourcing Playbook and its accompanying guidance (over 380 pages in total), in this second Insight we provide an outline of the Playbook's structure and remit. We hope that this will be helpful for those less familiar with the Playbook.
The Outsourcing Playbook was originally released in February 2019, following a collaborative cross-departmental and industry review of best practice in outsourcing. It is structured around a typical procurement lifecycle and captures best practice, common pitfalls and key points at each stage of the procurement process. At the core of the Outsourcing Playbook are 11 key policies that all central government departments are expected to follow. The second edition, issued in June 2020, builds on the existing policies and captures further best practice and lessons learnt to support delivery and drive improvement. The second edition also widened the remit of the Playbook - targeting insourcing and mixed service delivery as well as outsourcing.
The Outsourcing Playbook is targeted at Commercial, Finance, Project Delivery, Policy and any professionals across central government departments who are responsible for the planning and delivery of insourcing and outsourcing projects. However, over the past year, we have seen it prove useful to a wider audience - to include suppliers and those supporting central government in its procurement activities. The second edition of the Playbook introduced a useful new functional matrix, mapping the level of awareness that individuals in each functional group should have against each of the key policies.
The Outsourcing Playbook is structured around the typical lifecycle of a procurement. It breaks the process down into 5 commercial stages - being (i) preparation and planning, (ii) publication, (iii) selection, (iv) evaluation and award and (v) contract implementation. Within these 5 stages, it is further broken down into 13 individual chapters. Each chapter is topic focused and explores best practice, common pitfalls and the behaviours required. At the end of each chapter, there is a useful summary of key points and further resources. We find the procurement flow diagram found in Figure 1 on pages 6 and 7 of the second edition of the Outsourcing Playbook to be a particularly useful navigation aid.
Whilst the 'dos and don'ts' outlined in the 13 chapters are useful, the 11 key policies are at the heart of the Playbook and contain some of its more significant reforms. These are summarised at the front of the Outsourcing Playbook but also found embedded within its 13 chapters - with the bulk (7 out of 11) being in the early preparation and planning stage. Key themes include starting out on the best foot possible with a clear understanding of the market, the service and the whole life cost and taking a more balanced and pragmatic approach to risk. More on this in our next Insight!
Whereas the Outsourcing Playbook looks at what needs to be done, the guidance notes focus on the how. There are 11 guidance notes in total, although these do not follow the same topics as the 11 key policies. The guidance notes cover the following topics:
The guidance notes can be found on the same webpage as the Outsourcing Playbook itself or can be accessed through hyperlinks within the Outsourcing Playbook.
Version 2 of the 'Supplier Code of Conduct' was published alongside the first edition of the Outsourcing Playbook, and outlines the standards and behaviours expected from suppliers. It reiterates the government's approach to working with suppliers to deliver better public services.
The code is designed to help suppliers understand the standards and behaviours that are expected of them when working with the Government, and how they can help the government deliver value for money for taxpayers.
The Model Services Contract contains various provisions which seek to implement or facilitate some of the policies set out in the Outsourcing Playbook, including the increased focus on financial monitoring and insolvency planning - facilitated by greater financial, group and supply chain data.
There has not yet been an update to the Model Services Contract since the release of the second edition of the Outsourcing Playbook, but we understand that a further update is imminent. We anticipate that this may include amendments to capture some of the changes arising from the Playbook's second edition.
The Model Services Contract is also accompanied by a Guidance Note, which was significantly updated last year drawing on the output from the first edition of the Outsourcing Playbook. The Guidance Note includes a 'Model Contracts Selection Guide', which guides commercial teams on which of the Cabinet Office's template contracts is the most appropriate to their procurement.
NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.