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					     Open Market Campaign
1. Section A
1.1 Document Structure
This document is split in to three sections

Section A, provides the instructions to applicants.

Section B, describes the background to the application and the purpose of the Open Market
Campaign Pilot. It then goes on to describe the service successful applicants will provide and
the definitions that will be used throughout the document.

Section C, contains a set of questions for you to complete and explains the criteria that will
be used to select the bidders who will participate in the Open Market Campaign Pilot.

1.2 Application Details
1. You are invited to apply for the supply of Insured Advice for the Anderson Open Market
   Campaign Pilot.

2. You are required to complete and return the following items
      a. Section C of this Document
      b. Statement on non-collusion (enclosed)
      c. Copy of your organisation‟s Public Liability Insurance policy
      d. Copy of your organisation‟s certificate of insurance under the Employers‟ Liability
          (Compulsory Insurance) Regulations (SI 1998 No. 2573)

3. You must return your application, together with the documents requested above by noon
   on the 30/09/09. If returned to BIS by mail please do not mark the envelope containing
   your application package(s) in any other way.

4. You are instructed to provide 1 copy of your application and all documents to:

        a., or
        b. Tasneem Hamid, Bay 4. 104, 1 Victoria Street, London, SW1H 0ET

5. Applicants may not be considered if the complete information called for is not given at the
   time of application.

6. In order to maintain transparency and equality any questions to BIS from bidders will,
   unless commercially confidential, be circulated to all bidders in anonymised form along
   with the response provided. The deadline for questions will be 25/09/09 to enable
   bidders to consider the answers before finalising their proposals. Please email questions
   to or call Lizzy Hawkins on 020 7215 6306 or Kevin
   Kirschner on 020 7215 2827.

7. Selection on to the Pilot is conditional on entering an agreement with BIS.

8. Please provide the following details

                                                                                   Page 1 of 13
Company name
Company address
Contact name
Contact telephone number
Contact email address

                           Page 2 of 13
2. Section B
2.1 Background
The Good Guidance Guide: Taking the uncertainty out of regulation
Every year almost half of businesses seek external advice about how to follow regulations,
spending at least £1.4 billion. The 2008 Enterprise Strategy asked Sarah Anderson CBE to
conduct an independent review looking into the best ways Government can give regulatory
guidance to businesses.

Nature of the Review
The report, 'The Good Guidance Guide' published on 28th January 2009, focuses on the
need for government to give businesses greater certainty over finding, following and
interpreting guidance.
The report focuses on:

           Increasing certainty over outcome;

           Making guidance more accessible;

           Providing clearer guidance;

           Achieving consistent guidance across government;

           Changing the culture of the relationship between regulators and businesses.

The Anderson Review concluded that Small and Medium size Enterprises (SMEs) are
seeking certainty from guidance about their legal obligations, and that insured advice is a way
of offering this certainty, and that Government may therefore have a role to play in supporting
the delivery of “insured advice”. This conclusion was based on research which suggested
that, while 65% of SMEs would value a free Government service providing insured advice,
only 25% of SMEs used an insured advice service.

The Anderson Review suggested that there are two reasons that more SMEs do not
access tailored, insured advice:

                Awareness – many SMEs are unaware that such services exist;

                Cost – the perceived cost for purchasing such services may be too great for
                 many SMEs to afford. However, the Anderson Review felt that the actual
                 costs are affordable.

In response to the Anderson review, the Government has committed to carrying out a piloting
strategy to look at ways of facilitating access to insured advice for SMEs.

The piloting strategy consists of some market research and three pilots. For more information,
please go to:

This document relates to the Open Market Campaign Pilot.

Open Market Campaign pilot: This Pilot is to test the effectiveness of directly marketing
insured advice services to SMEs, and to test the effectiveness of offering subsidies to that

                                                                                 Page 3 of 13
service. There will be 4500 places for SMEs on the pilot, which will be run in the Yorkshire

2.2 Pilot Overview
                                          Provider Registration Process
                     1                    2                      3                           4                        5
                                                                                                                            Details of
                                                                      Confirmation               Categorise &
                            Inform                                                                                         Provider are
                                                Providers             received that                 present
        Provider           Providers                                                                                       published to
                                               register for            provider is                  service
                           about the                                                                                       website to be
                                               the service              accepted                  offerings to
                             pilot                                                                                          viewed by
                                                                      onto the pilot                  BIS

                                              SME Registration Process

                                                                 Online Registration

                                                 7                    8                          9
                                                                                                       Receive a
                                                 Further pilot              online for
                                                                                                     code to verify
                                                   details                     pilot
                          Marketing                                                                   registration
                                                                           participation                                        12

        SME                                                                                                                      Confirmation
                                                                 Phone Registration                                              of registration
                                                                                                                                     to pilot
                                                                       10                        11
                                                                             Call BL to
                                                                             register by               Receive a
                                                                              phone for              code to verify
                                                                                pilot                 registration

                                                         SME Provider Selection Process
                     15                                                                                                         13
                                                                                                                                     Down select
                               Select                                                                                                Providers to
                              preferred                                                                                                a number
                              Provider                                                                                                that will be

                                                     Provider Service Provision

                     16                   17                     18                         21                        22                         23

                             Verify                                 Payment                                                 Provide
                                               Invoice the                                   Policy Issued                                             feedback to
                          registration                            received from                                            advice to
                                                  SME                                          to SME                                                 BL at the end
       Provider              code                                     SME                                                    SME
                                                                                                                                                        of the pilot


                                              Send Invoice
                                                 to BIS

                                                     BIS Service Involvement

                                                                     20                                                    24                        25
                                                                          Payment of                                         Quality                   Feedback
                                                                          Invoice by                                        Assurance                   Process
                                                                             BIS                                            Processes

Figure 1 - OMC - Customer Journey

The diagram above depicts the SME customer journey from first contact to receiving
discounted tailored insured advice. A description of these steps is given below.

2.2.1 Definitions
This application is for Insured Advice Service Providers (“the Provider”) to provide the
work involved in steps 15-23 (inclusive).

The provision of these steps is referred to as “the Requirement” and as part of the
Requirement the Provider will supply insurance backed advice on employment and health and
safety issues referred to as “the Service” to the SME.

The service will be based on the idea of an Insured Advice Policy, referred to as “the
Policy”. The policy refers to the contractual arrangement between the SME and the providers
and is not necessarily an Insurance Policy.

                                                                                                                                                                       Page 4 of 13
The Policy will have a minimum fixed term of six months. Therefore the Policy must be in
force to insure all advice given by the Provider when providing the Service (including any
awards made against the SME by an Employment Tribunal) throughout that period.

2.2.2 Open Market Campaign Pilot Summary

       Marketing materials will be sent by BIS to SMEs, which will direct them to the
        Yorkshire Forward website.

       SMEs will learn more about the pilot on the website and will be asked to register.
        They can register by filling in an online application form, or by calling Business Link

       Once their registration has been confirmed, the SMEs are given a Unique Reference
        Number (URN), which entitles them to a £50 discount on employment and health &
        safety advice services from a participating provider.

       Once the SME has chosen a provider they will present this URN to the provider, who
        invoices BIS for the £50.

       To facilitate the selection of a provider by SMEs, SMEs will be directed (upon
        confirmation of their registration) to a section of the website which contains relevant
        details of the providers who have been accepted on to the pilot.

       These details come from the information given by the providers as part of this
        application form (it is clearly indicated which of the details given in this application
        form will be presented to SMEs on the website in the „Information to be used on
        public website (Y/N) column in Section C below).

       The details on the website will assist in the provider selection process, as it enables
        SMEs to compare providers and the services they offer. SMEs will have from 4
        January 2010 until 31 March 2010 in which to choose the provider from which they
        wish to receive insured advice.

       Once a provider has been selected by the SME the provider will issue a policy to
        provide the service to the SME until the end of the policy term (minimum 6 months).

2.3 The Service
The Service is defined as: providing tailored insured advice on UK employment and health
and safety regulation for a fixed term from the point of agreement with the SME. The
definition of tailored insured advice is as follows:

Tailored, Insured Advice:

The Provider will identify the recommendation that is the most appropriate course of action for
an SME to follow, given their individual circumstance.

As long as the SME has fully disclosed all the relevant facts to the Provider and follows this
advice the Provider will cover any associated legal costs the SME incurs and/or awards made
against the SME by an Employment Tribunal.

The SME is covered regardless of whether or not the advice provided was held to be correct
or incorrect, and will be given the necessary help and reimbursement of costs in a timely
manner by the Provider.

Insured and Uninsured Advice

                                                                                      Page 5 of 13
BIS understands that in some circumstances it may not be practical for an SME to follow the
recommended course of action that the Provider insures against. The expectation is that the
Provider will also offer alternative courses of action, that may be more realistic for the SME to
be able to implement, where appropriate. In these circumstances the advice may not be
covered under the terms of the insurance policy, but this must be made explicitly clear to the
SME at the point at which the advice is given.
The Provider must offer an „insured recommendation‟ for each circumstance an SME seeks
advice on, but can offer additional uninsured options where it is made clear to the SME the
difference in outcomes between the insured and uninsured advice.

Scope of Service
The advice given must cover as a minimum, but is not limited to,
           Employment Law – all laws and administrative rulings that address the legal
            rights of, and restrictions on, working people and their organisations.
           Health and Safety Law – Workplace health and safety as covered by the Health
            and Safety at Work Act 1974 and its associated legislation. For the avoidance of
            doubt this does not cover fire and food safety.

The service will provide cover for the advice described above as follows:
       Legal expenses for employment issues
       Payment of awards from an employment tribunal
       Legal expenses for Health & Safety issues

Depth of Service
The core requirement for the Pilot is to provide a primarily telephone-based helpline advice
service which the SME is able to call on an unlimited basis during the fixed term policy period.
We understand that in many circumstances it is also helpful for the Provider to be able to
review and input to documentation the SME has developed which relates to their enquiry.
Therefore we propose that the Provider also offers the facility to review documentation, and
receive documentation electronically from SMEs to aid in the provision of advice.
We do not anticipate the service including any of the following:
            o   Wholesale production and review of legal documents
            o   Training
            o   Consultancy
            o   F2F site risk assessments

                                                                                    Page 6 of 13
3. Section C
Please enter your response in each cell of the table that is shaded in grey. The „Information
to be used on public website‟ column is for your information only. You may not change the
status of this column.

3.1 Assessment
This section will be assessed for the suitability of providers to be part of the pilot based on the
following information

Questions                      Suitability of
3.2.1 – 3.2.3                  Qualification
3.3.1 – 3.3.7                  Organisation structure and history
3.4.1 – 3.4.8                  Ability to provide insured advice as defined for this pilot
3.5.1                          Ability to provide the requirement as described in this
3.5.3 – 3.5.5                  Access for SMEs to your service
3.6 -3.7                       Pricing will NOT be assessed.

3.2 Qualification Questions
Please answer Yes or No to the following Questions (3.2.1-3.2.3) as appropriate. If you are
unable to answer Yes to these questions, the rest of your response will not be evaluated.

Reference       Question                              Response (Y/N)                Information to
                                                                                    be used on
                                                                                    public website
                Are you able to provide a tailored                                  Y
3.2.1           insured advice service (as
                described in section 2.3) to SMEs
                in the Yorkshire region?
                Are you able to provide advice on                                   Y
3.2.2           at least one of the following?
                     1. Employment law
                     2. Health & Safety Law
                (as described in section 2.3)
                Do you have a telephone helpline                                    Y
3.2.3           open as a minimum from 9am to
                5pm, Monday to Friday to deliver
                the advice in 3.2.2?

3.3 Organisational Details and History
                 Please provide an outline of your organisation‟s structure for delivering the
3.3.1            Service. Please make explicit any re-sellers, parent companies, third parties
                 and the type of work they will perform.

                 Please confirm that, as Prime Contractor, you are responsible for the full
3.3.2            provision of the Requirement including and parts of the Service which are
                 delivered through re-sellers or third parties.

                                                                                        Page 7 of 13
                Legal Proceeding
                The service provider shall state whether they are or have been subject to
                proceedings in relation to:

                 bankruptcy                       arrangements made with creditors

                 winding up                       suspended business activity

                 affairs being administered by a court

                 any analogous situation with creditors (please specify)

                 none of the above

                Failure to fulfil obligations
3.3.4           The service provider shall state whether they have ever failed to fulfil any
                obligations regarding

                 payment of social security obligations

                 taxes (in accordance with the statutory provisions of the country in which
                they are established)

                 none of the above

                Please provide turnover figures for the last three trading years of providing
3.3.5           insured advice services or similar.
Year 1 From :                     Year 2 From :                     Year 3 From :
Year 1 to :                       Year 2 to :                       Year 3 to :
Turnover                          Turnover                          Turnover

                Please provide total company turnover figures for the last three trading years.
3.3.6           These figures must be supported by full audited accounts.
Year 1 From:                      Year 2 From:                      Year 3 From:
Year 1 to :                       Year 2 to :                       Year 3 to :
Turnover                          Turnover                          Turnover

                Has the company ever been prosecuted or been subject to any other legal
3.3.7           proceedings as a result of it carrying out services under a contract (e.g.
                environmental, health and safety, employment law, breach of contract)? If yes
                please give details

3.4 Tailored, Insured Advice Policy
Please provide answers to the following questions on the Service as described in section 2.3,
giving reasons for your response.

                                                                                     Page 8 of 13
            Please provide details of previous experience in providing       Information to be
3.4.1       services in the area of insured advice.                          used on public
                                                                             website (Y/N)

            Please provide details below of the insurance                   Information to be
3.4.2       policy/policies you will maintain in order to provide           used on public
            tailored, insured advice to qualifying SMEs for the duration    website (Y/N)
            of this Pilot? Please be explicit about the services and
            cover that will be offered through the policy.

            Please give a clear explanation of how the claims process       Information to be
3.4.3       works in the event that the SME which has followed your         used on public
            advice requires reimbursement of any resulting legal            website (Y/N)

            Please provide details of how the advice is insured, e.g.       Information to be
3.4.4       do you back the risk off to a third party or do you keep it     used on public
            in-house. Please state if you and/or any third parties          website (Y/N)
            involved are FSA regulated and to what level. If you are
            not FSA regulated please provide details of the measures
            you have in place to assure the quality of your service.

            Please provide details of how you can ensure you are            Information to be
3.4.5       able to meet the potential claims made by SMEs during           used on public
            this pilot. In particular what measures are in place should     website (Y/N)
            your business cease trading for any reason?

            Please provide a copy or alternatively a summary of the         Information to be
3.4.6       terms and conditions applying to the policies you would         used on public
            use for providing insured advice in this Pilot. Please          website (Y/N)
            include details of the amount of insurance/indemnity cover
            that the policy provides including any limits or caps.

            BIS intends to make it clear to SMEs via means of the
            website whether policies have:
                 An excess
                 Prospect of success clause
                 Cost of settlement clause
                 Claims occurring clause

            BIS would prefer that the SME does not have to incur any
            costs up-front. If your terms and conditions differ from this
            please explain why.

Reference    Question                                             Response (Y/N)

                                                                                   Page 9 of 13
              Please confirm that you agree to the following      Y/N
3.4.7         requirements set out in section 3.3.8. If you
              are unable to agree to any of the statements
              made please identify this and explain why.

3.4.8 Insured Advice Requirements

   1. Providers will ensure all terms and conditions of their policy are made transparent to
      the SME before the policy starts.

   2. The provider will not be paid by BIS for any SME to which it does not provide one of
      the specified polices in this application.

   3. Providers will not refer any existing customers to the pilot.

   4. Providers must not recommend to an SME who is on the pilot to switch providers
      during the pilot period.

3.5 Service Operation
Reference     Question                                            Response (Y/N)
              Please confirm that you agree to the following
3.5.1         requirements set out in section 3.6 through. If
              you are unable to agree to any of the
              statements made please identify this and
              explain why.

3.6 Service Requirements
   1. The pilot scheme will be open for SMEs to register for a period of 3 months; from 4
      January 2010 until 31 March 2010. This is the period during which new SMEs will
      choose their preferred provider to take up the service.
            a. The provider must then provide each SME with the Service for the fixed term
               from the point at which the policy is taken out.
            b. BIS reserves the right to cut short the registration period once 4500 SMEs
                have signed up prior to the end of the 3 months, or if it is deemed necessary
                for any other reason.

   2. Upon completion of their registration, the SME can call a number of providers in order
      to ask them questions to inform their decision as to which provider to receive the
      service from.

   3. Once the SME has agreed to receive advice from a provider and has paid the
        provider for the services it requires, the policy should start. The advice should start
        regardless of when BIS reimburses the provider with the £50 discount. This £50
        payment is made to the provider by BIS upon validation of payment made by the
        SME for the service and validation of the Unique Reference Number (URN) that the
        SME receives at registration.

                                                                                  Page 10 of 13
   4. BIS does not envisage becoming involved in individual complaints or disputes should
      any arise between an SME and a provider. These should be managed through the
      provider‟s normal complaint handling procedures.
   5. BIS would, however, like to be made aware of any complaints for evaluation
      purposes. Each provider must notify BIS of each complaint received, including details
      of the nature of the complaint and the outcome once resolved.

   6. The advice provider will send a weekly update to BIS detailing any new SME clients
      they have taken on, including the SME‟s Unique Reference Number for verification

   7. The advice provider will send a monthly invoice to BIS for the total cost of the SMEs
        enrolled onto the Pilot during the previous month (this will correspond to the weekly
        updates of the number of participating SMEs sent to BIS).

   8. The advice provider will send the number of SMEs that sign up for the Provider‟s full-
      price service at the end of the Pilot and the type of policy they take.

            Please give details of your ability to provide the following   Information to be
3.6.1       information about your insured advice service.                 used on public
            (This question will not be marked)                             website (Y/N)

            New business enquires
             the number of new business enquiries you receive on
               a weekly basis from SMEs by region
             the above figure for the same period in the previous
             the percentage of new business enquires that relate
               to the pilot

            Policies Sold
             the number and types of policy sold on a weekly basis
                to SMEs by region
             the above figure for the same period in the previous
             the percentage of new policies sold as part of the pilot


Website Details
            Please provide a 100 word (maximum) description of each        Information to be
3.6.2       of your policies for use on the website.                       used on public
                                                                           website (Y/N)

            Please provide details of your advice line opening hours       Information to be
3.6.3                                                                      used on public
                                                                           website (Y/N)

            Please provide a telephone number to be provided to            Information to be
3.6.4       SMEs upon their successful registration on the pilot           used on public
                                                                           website (Y/N)

                                                                                 Page 11 of 13
            Please provide a link to your website (preferably to             Information to be
3.6.5       information about your insured advice products)                  used on public
                                                                             website (Y/N)

3.7 Pricing
       The rates contained within the schedules are, unless otherwise expressly
        agreed between the parties, firm and fixed.

       The rates entered in the schedules shall be deemed to include for full
        compliance with the requirements of the Contract.

       The Pilot will only be available to SMEs of 0-250 employees

Please complete the table below (please add or delete rows as necessary to match
the number of polices listed in Section C 3.3.2).

        Policy (as         Term (please       Minimum Policy       VAT (£)        Information to
        listed in 3.3.2)   delete as          Price exc VAT                       be used on
                           appropriate)       (£)                                 public website
        Policy 1           6/12 Months                                            Y
        Policy 2           6/12 Months                                            Y
        Policy 3           6/12 Months                                            Y

        Policy (as         Term (please       Maximum              VAT (£)        Information to
        listed in 3.3.2)   delete as          Policy Price                        be used on
                           appropriate)       exc VAT (£)                         public website
        Policy 1           6/ 12 Months                                           Y
        Policy 2           6/12 Months                                            Y
        Policy 3           6/12 Months                                            Y

            Please provide details of your pricing structure, including the variables that affect
3.7.1       the price. BIS would like to be as transparent as possible with SMEs about the
            price of services being offered as part of the pilot. If there is anything about your
            pricing structure you do not wish to be used on the public website please state
            which parts and why?

3.8 Market Pricing
To ensure value for money for the Government it is necessary to benchmark the
prices above against your current market prices, i.e. what you would charge an SME
for a comparable term of insured advice policy where that SME is not participating in
the Pilot.

                                                                                   Page 12 of 13
        Please provide prices for the above policies (stating the length of Policy) or its
3.8.1   nearest equivalent as priced to an SME not participating in the No Wrong Door
        Pilot. If you are benchmarking against a different type of product to that you will
        be supplying under the Pilot please detail how this product differs.

                                                                            Page 13 of 13

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