Select Committee on Public Accounts Twenty-First Report


TWENTY-FIRST REPORT


The Committee of Public Accounts has agreed to the following Report:

BETTER VALUE FOR MONEY FROM PROFESSIONAL SERVICES

INTRODUCTION AND LIST OF CONCLUSIONS AND RECOMMENDATIONS

1. Departments spend over £600 million each year purchasing from external suppliers financial support and advice, legal services, management consultancy and human resource advice and assistance. In 1994 a Cabinet Office Efficiency Scrutiny into departments' use of external consultants recommended how their procurement and management could be improved to achieve savings, mainly in consultancy fees, of £65 million. Many of the Efficiency Scrutiny's recommendations were, however, not implemented and nobody knows to what extent the savings of £65 million were achieved.

2. On the basis of a Report by the Comptroller and Auditor General,[1] we examined what the Office of Government Commerce (the Office) is doing to encourage departments to improve their purchasing of professional services and so achieve significant value for money savings. We underline three main points. When major reviews like the 1994 Efficiency Scrutiny demonstrate considerable potential to improve value for money it is essential that all departments take them seriously, and draw up and implement action plans for securing the efficiency savings from accepted recommendations. Reliable information is key to departments getting a tighter grip on their expenditure on professional services and identifying ways to achieve better value for money. As yet many departments do not have such information in a useable form. Departments need to improve their record keeping and management information on their spending on professional services, the main suppliers used and their performance, and the procurement approach adopted. Where it is cost effective to do so departments should adopt the initiatives that the Office of Government Commerce has taken to help them improve their purchasing of professional services and record the savings achieved. The Office of Government Commerce should seek improvements where the good procurement practice which it recommends is not followed. 3. Our specific conclusions and recommendations are as follows: On implementing recommendations to improve the purchasing of professional services   (i)  The Comptroller and Auditor General's Report confirmed the potential to improve the purchasing of professional services and realise price and efficiency gains of some £65 million. The Office of Government Commerce accepts that this is a realistic target and has developed an action plan for departments to achieve it. Departments now need to put the necessary strategies in place and have an agreed timetable to implement this action plan and achieve the savings (paragraph 9).   (ii)  The Office of Government Commerce has developed a methodology to enable departments to measure and quantify value for money improvements in procurement. Departments and the Office of Government Commerce should ensure that the methodology is used consistently and is underpinned by reliable information (paragraph 10). On the need for better management information on professional services   (iii)  The Office of Government Commerce had to undertake a special exercise to collect information from departments to get a better picture of what is being spent on professional services and the key suppliers. Departments, as a priority, should take action to improve the quality of their information on their procurement of professional services (paragraph 13).   (iv)  Given the weaknesses in departments' information on professional services; the lack of reliable data on expenditure on consultants for each year since the Efficiency Scrutiny in 1994; and cases of significant cost increases on major consultancy contracts, departments need to make either the principal finance officer or head of procurement responsible for ensuring that information on all departments' procurement expenditure is routinely collected, analysed and acted upon (paragraph 14). On initiatives to improve value for money   (v)  Departments employ over 3,000 internal experts such as economists, statisticians and lawyers. In securing professional advice and support departments need to consider carefully how the work can be best divided between external suppliers and in-house staff (paragraph 28).

   (vi)  Despite the Efficiency Scrutiny's recommendations in 1994, departments are still awarding too many professional services' contracts by single tender. The Office of Government Commerce is working with departments to introduce controls to make it harder for single tender to be used. Departments should ensure that their staff comply with these controls and the Office should monitor departments' progress in putting more of their contracts out to competition (paragraph 29).

   (vii)  The use of framework agreements to purchase information technology services has enabled departments to secure discounts of up to 20 per cent in consultants' fees. There is considerable potential for similar savings to be made in other types of professional services (paragraph 30).

   (viii)  Co-ordinating purchases can enable departments to use their bargaining power to get better deals from suppliers by negotiating lower fees and volume discounts. Departments therefore need to share information on the volume and nature of their purchases, the value of their contracts and their key suppliers. The Office of Government Commerce is well placed to facilitate this sharing of information, perhaps through a central data base which procurement staff in departments can access to identify opportunities to collaborate in purchasing professional services (paragraph 31).

   (ix)  Departments need to monitor and assess the quality of advice and assistance provided by suppliers of professional services and in particular undertake reviews at the end of each assignment to evaluate overall quality and lessons learned. The Office is seeking to improve information sharing between departments on suppliers' performance. Departments should use such information and routinely seek references from potential suppliers before appointing them (paragraph 32).   (x)  Qualified procurement staff can provide valuable advice and expertise in negotiating and managing contracts for professional services. But departments have not routinely involved such staff in procurement decisions. Departments should ensure that they have sufficient staff with procurement expertise and actively involve them in purchasing professional services (paragraph 33).

IMPLEMENTING THE RECOMMENDATIONS OF THE 1994 EFFICIENCY SCRUTINY TO IMPROVE THE PURCHASING OF PROFESSIONAL SERVICES

4. In 1994 an Efficiency Scrutiny into departments' use of external consultants found that appointing consultants was often a reaction to an immediate and pressing problem without sufficient thought being given to why they were being used or how the work could be best divided between consultants and in-house staff. The Scrutiny found little collaboration between departments which faced similar needs for external assistance with too many contracts being let by single tender. It was difficult to determine how much departments were spending on consultants, and a lack of reliable information on prices meant that it was not easy to compare the cost of similar services to determine whether prices paid by departments were reasonable or whether there was scope to get a better deal. A National Audit Office survey of departments and agencies in October 2000 found that the situation remained largely unchanged and that departments did not know whether the savings of £65 million which the Scrutiny said were achievable through better purchasing of professional services had been realised.[2] 5. Departments are responsible for determining their need for professional services and how best to purchase them but the Office of Government Commerce, which was established in April 2000, has a remit to promote improvements in the value for money of departments' civil procurement. We asked the Office why all departments had not implemented the recommendations of the Efficiency Scrutiny. The Office said that some departments had had campaigns to implement the Scrutiny's recommendations but in others there had been a lack of sustained focus and monitoring.[3] 6. The Comptroller and Auditor General's Report sets out a range of actions needed to achieve value for money improvements. These include departments sharpening their approach to negotiations to ensure that they get a good deal from suppliers, using the most appropriate and cost effective form of procurement, and working together to take advantage of their considerable buying power. The Office told us that an action plan has been developed to implement the recommendations and which has the support of its Supervisory Board consisting of half of all the departmental Permanent Secretaries. The Board has approved the action plan and intends to review progress in the summer of 2002.[4] 7. Asked who should have been responsible for monitoring departments' progress in achieving the £65 million savings which the Efficiency Scrutiny concluded were possible, the Office said that a final report on implementing the recommendations of the Scrutiny should have been submitted to the Efficiency Unit in the Cabinet Office after two years. It is not known, however, whether such a report was produced. The Office also told us that information was not available as to how much of the £65 million savings anticipated had been realised.[5] 8. We asked whether £65 million was a realistic target and how the Office intended to monitor its achievement. The Office confirmed that the target was achievable. At the time of the 1994 Efficiency Scrutiny there had been no methodology in place to measure value for money improvements in procurement, but this deficiency had now been remedied. The measurement tool which has been developed is being used to focus and monitor departments' efforts in achieving value for money improvements. Departments which achieve value for money improvements can also retain the savings and put them towards other priorities.[6] Conclusions 9. The Comptroller and Auditor General's Report confirmed the potential to improve the purchasing of professional services and realise price and efficiency gains of some £65 million. The Office of Government Commerce accepts that this is a realistic target and has developed an action plan for departments to achieve it. Departments now need to put the necessary strategies in place and have an agreed timetable to implement this action plan and achieve the savings.

 10. The Office of Government Commerce has developed a methodology to enable departments to measure and quantify value for money improvements in procurement. Departments and the Office of Government Commerce should ensure that the methodology is used consistently and is underpinned by reliable information.

THE NEED FOR BETTER MANAGEMENT INFORMATION

11. There is considerable variation in the quality of departments' information on their expenditure on professional services, on the amounts of business awarded to different suppliers, on their fee rates and on the quality of the advice and assistance they provide. In responding to the NAO's survey, departments were unable to allocate over a third of their expenditure to any particular category of professional services. The Committee asked the Office how departments are able to secure better deals from suppliers when they do not monitor such information. The Office accepted that the quality of departments' management information systems needed improvement. Many of departments' current systems were not designed to provide the procurement information required, but departments' needs were too diverse to justify a single system. Departments require modern financial and management information systems tailored to their particular needs and the Office said that these are being implemented and should provide better procurement data. This would, however, take time and as an interim measure the Office had completed an analysis based on data provided from departments' accounts payable files. This meant that for the first time it was possible to have a clear picture of the total amount of procurement expenditure and the level of business received by different suppliers. The Office told the Committee that it was using this information in discussions with key suppliers about their performance. The Office also said that they intended to share with departments information on suppliers' fee rates.[7] 12. The Office were unable to say what departments had spent on management consultants in each year since the 1994 Efficiency Scrutiny as there had been no regular overall analysis of government's procurement expenditure. In addition, one of the reasons departments gave for not being able to provide the information the NAO asked for in its survey was that organisational changes had taken place and some knowledge of particular contracts had been lost. We asked why in these instances basic written records of how procurements had been made were not kept, and whether in future full records of whether competitive tendering was being followed would be maintained. The Office said that in some areas departments' record keeping and management information systems were not good and needed to be strengthened. The more comprehensive set of controls which are being introduced for single tendering should ensure that better information would be available as to what expenditure had been authorised and used for.[8] Conclusions 13.   The Office of Government Commerce had to undertake a special exercise to collect information from departments to get a better picture of what is being spent on professional services and the key suppliers. Departments, as a priority, should take action to improve the quality of their information on their procurement of professional services.

 14. Given the weaknesses in departments' information on professional services; the lack of reliable data on expenditure on consultants for each year since the Efficiency Scrutiny in 1994; and cases of significant cost increases on major consultancy contracts, departments need to make either the principal finance officer or head of procurement responsible for ensuring that information on all departments' procurement expenditure is routinely collected, analysed and acted upon.

INITIATIVES TO IMPROVE VALUE FOR MONEY

15. We explored the following main requirements needed to improve value for money in departments' use of professional services. Ensuring that purchasing professional services is justified 16. Departments can obtain professional advice and assistance either from the 3,000 specialists such as economists, statisticians and lawyers which they directly employ, or they can purchase these services externally. In the light of the number of specialists employed by departments we asked why they needed to spend over £600 million on purchasing professional services and whether this expenditure was justified. The Office told us that the demand for specialist expertise in a number of areas exceeded the supply of skills available in departments, in terms of both quantity and quality. It was not possible for departments to retain sufficient numbers of experts with the relevant expertise.[9] 17. We asked the Office of Government Commerce whether, if departments' demand for specialist expertise exceeded what they employed directly, it would not be cheaper to increase in-house professional services. The Office said that if wage rates and conditions of employment for some specialisms were closer to the private sector, it would be possible for departments to employ these skills in-house. There were always going to be certain specialists, however, who were not required on a full-time basis.[10] 18. If the work specification is not clearly defined suppliers will be unsure as to what they are contracted to deliver. We asked what was being done to encourage departments to specify clearly what they wanted from external experts. The Office said that more complex procurements which demanded significant professional expertise were now subject to independent "gateway" reviews which also considered whether the use of external experts was justified.[11] 19. We asked whether there was a risk that departments employed consultants as a possible defence if something subsequently went wrong. The Office agreed that there was such a risk but said that departments were having to respond to new challenges such as making public services available electronically in which the private sector had more experience and expertise than in-house staff.[12] Minimising single tendering 20. Unless the cost of going out to tender is disproportionate to the value of the contract, appointing suppliers through competition is the best means of ensuring that departments achieve value for money. We asked why nearly a third of professional services' contracts were awarded on the basis of single tender or through informal tendering. The Office said that it was discussing with departments how controls might be improved to make it harder for single tender to be used. In particular, the Office told us that existing delegations of authority made it too easy for single tender to be adopted and that more senior levels of approval were needed where it was considered that there was a compelling case for single tender. The Office considered that on bigger assignments there was 100 per cent compliance with European Union competition rules and full competitive tendering. The Office hoped to have the new controls agreed with departments by the end of December 2001.[13] Maintaining probity 21. Given the high proportion of contracts which were awarded through single tender we asked what controls existed to prevent collusion between suppliers and civil servants responsible for purchasing. The Office said it intended to tighten controls to reduce single tendering. Departments should involve professionally qualified procurement staff more, and procurement decisions should be based on clear and transparent objective criteria. The National Audit Office's survey of departments' expenditure on professional services found that four suppliers received some £132 million in payments for professional services. We asked whether there was an element of oligopoly, with suppliers having the power to determine prices. The Office told us that the majority of the business these suppliers received from departments had been awarded competitively.[14] Making more use of framework agreements 22. Framework agreements which include a number of suppliers, all appointed through competition, on whom departments can call upon to carry out work within pre-agreed fee rates, have good potential to improve value for money. The advantages are that departments do not then have to retender every time they need to seek professional services; competition to be included in the framework agreements provides an incentive for firms to offer better prices; and the transaction costs of having to organise a large number of competitions for relatively small packages of work are reduced. The Office told us that increasing the range of framework agreements should make it easier for departments to procure competitively professional services which were needed at short notice. At present there was the SCAT framework agreement for information technology services which included certain categories of management consultancy. The Office said that while there were no comparable arrangements for other categories of professional services such as legal services, human resources and accountancy, it was looking to put framework agreements in place for them.[15] 23. We asked how departments could identify opportunities for combining common services which were suitable for framework agreements. The Office said that it was discussing with departments the scope to increase the range of framework agreements to obtain better discounts through aggregating departmental requirements. With the SCAT agreement for example, departments had secured discounts of up to 20 per cent in consultancy fees. The Office said that agreements covering management consultancy should be in place by March 2001, with better volume discounts for some types of work including incentives and capped fees to provide greater control.[16] Having the right commercial skills 24. Achieving better value for money from professional services requires civil servants to be sufficiently skilled to assess and define their need for professional assistance and to manage contracts with suppliers of these services effectively. We asked whether the Office of Government Commerce was satisfied that civil servants had the necessary level of procurement expertise. The Office said that professional procurement staff could add considerable value, but in the past professional services had often been purchased without their involvement. The Office told us that it intended to look at the extent to which departments proposed to involve professional procurement staff in purchasing professional services in the future.[17] 25. Asked whether departments could learn from the private sector to improve how they purchased goods and services, the Office said that it was easier for the private sector to attract and retain procurement experts in some areas because companies had greater flexibility and discretion over pay and benefits. In the private sector there tended to be a general perception that consultants should be used as little as possible and, if they were used, approval at very senior level in a company was usually required. On the other hand some companies gave local managers more discretion to employ professional services.[18] 26. We asked whether departments should be doing more to adopt a strategic approach to procurement issues with more commitment at a senior level within departments. The Office told us that departments were responding in different ways, but that Permanent Secretaries were very supportive of its procurement agenda. In some departments strategic procurement issues were now being discussed at departmental board level, and the seniority of the heads of procurement had been increased. The Office said, however, that it needed more experience of how its initiatives were working before it could identify what other Government-wide measures were needed to improve procurement.[19] Assessing the quality of professional services 27. We asked how the quality of external advice and assistance was monitored and what action was taken. The Office said that its guidance encouraged departments to take up references from potential suppliers about other relevant work they might have done and set clear milestones when the quality of the supplier's service should be reviewed. Post contract reviews should also take place at the end of an assignment, to review overall quality and learn lessons. If a department was dissatisfied with the performance of a supplier included in a framework agreement the Office would raise this with the supplier directly. The Office agreed, however, that there needed to be better information sharing between departments about the performance of suppliers, and this was something which they were seeking to improve.[20] Conclusions 28. Departments employ over 3,000 internal experts such as economists, statisticians and lawyers. In securing professional advice and support departments need to consider carefully how the work can be best divided between external suppliers and in-house staff.

29. Despite the Efficiency Scrutiny's recommendations in 1994, departments are still awarding too many professional services' contracts by single tender. The Office of Government Commerce is working with departments to introduce controls to make it harder for single tender to be used. Departments should ensure that their staff comply with these controls and the Office should monitor departments' progress in putting more of their contracts out to competition.

 30. The use of framework agreements to purchase information technology services has enabled departments to secure discounts of up to 20 per cent in consultants' fees. There is considerable potential for similar savings to be made in other types of professional services.

 31. Co-ordinating purchases can enable departments to use their bargaining power to get better deals from suppliers by negotiating lower fees and volume discounts. Departments therefore need to share information on the volume and nature of their purchases, the value of their contracts and their key suppliers. The Office of Government Commerce is well placed to facilitate this sharing of information, perhaps through a central data base which procurement staff in departments can access to identify opportunities to collaborate in purchasing professional services.

 32. Departments need to monitor and assess the quality of advice and assistance provided by suppliers of professional services and in particular undertake reviews at the end of each assignment to evaluate overall quality and lessons learned. The Office is seeking to improve information sharing between departments on suppliers' performance. Departments should use such information and routinely seek references from potential suppliers before appointing them.

 33. Qualified procurement staff can provide valuable advice and expertise in negotiating and managing contracts for professional services. But departments have not routinely involved such staff in procurement decisions. Departments should ensure that they have sufficient staff with procurement expertise and actively involve them in purchasing professional services.


1   C&AG's Report, Purchasing Professional Services (HC 400, Session 2000-2001) Back

2   C&AG's Report, paras 1.8, 2.2-2.3 Back

3   ibid, para 1.7; Qs 4, 99, 123, 146 Back

4   C&AG's Report, para 17; Q10 Back

5   Qs 100-103 Back

6   C&AG's Report, paras 9, 2.17; Qs 10, 19-22, 82, 105-106  Back

7   Qs 8-9, 12-13, 26-27, 129-132, 148  Back

8   Qs 54-63, 93  Back

9   C&AG's Report, para 1.6; Qs 2, 15  Back

10   Qs 67-70 Back

11   C&AG's Report, para 3.3, Q14  Back

12   Qs 86-90, 96  Back

13   C&AG's Report, para 8; Qs 5, 23-24, 37, 82  Back

14   Qs 30-33, 118 Back

15   C&AG's Report, para 2.12; Qs 5, 41 Back

16   Qs 6-7, 12  Back

17   Qs 11, 111-112, 133, 136 Back

18   Qs 42-43 Back

19   Q121  Back

20   Qs 16-18 Back


 
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