Hello and welcome to this webinar about the Streamlined contracting with NGOs project.
This webinar is an overview of the different documents and tools that make up the new NGO contracting framework.
If this is your first introduction to the streamlined contracting with NGOs project
you may find it useful to watch the project overview video first as the video will give
you more background and context to the development of the documents and tools that we'll be looking
at in this session. In this webinar we'll go through the framework and explain what
the different documents and tools are, how they're used and what they mean. Understanding
the documents and tools and how to use them is essential if you work in a Government Agency
and you purchase social, health, justice or education services from NGOs and if you work
for an NGO that provides those services to Government. By the end of this webinar you'll
know what the different contracting documents are, how they fit together, and how they're
used. This webinar will take approximately 50 minutes to watch from start to finish.
It is in three parts which you can watch separately or in one go. Whether you choose to watch
all three parts at once or come back for the second and third parts another time it's important
that you watch the entire webinar so that you get the full picture of how the contracting
framework works. If you're a Government Agency and will be developing outcome agreements
with NGOs this webinar will give you the information you need to know before you come along to
the workshop where you'll put what you've learnt into practice. Let's start by recapping
on what the streamlined contracting with NGOs project is all about. The aim of this project
is to develop the consistent approach to how Government Agencies contract with NGOs to
deliver social, health, justice and education services that reduces the compliance burden
on NGOs created by current inconsistent approaches. It'll make the contracting process quicker
and easier by having standard documents and templates that are used when contracting for
those services. It's about freeing up resources so that more effort and funding is directed
to delivering the front-line services that make a positive difference to the people who
use them. Using the new contracting tools and documents will assist agencies and NGOs
to work together better and in a more coordinated and efficient way, as the new framework is
focussed on collaboration and coordination. We'll look at how it works shortly. Using
the new contracting framework will also increase our focus on outcomes. The documents are written
to guide agencies and NGOs to doing and measuring the things that make a difference and not
just counting activity. Let's begin by looking at the contracting framework and how it works.
Before getting into the detail, it's worth clarifying what a few commonly used terms
are. We'll be using these terms throughout the remainder of the presentation. Services
means social, health, justice, education or any other services a purchasing agency buys
from a provider. Agency means any Government purchasing agency who buys services from a
provider. CF means the documents comprising the streamlined contracting framework. MBIE
is the short form name of the Ministry of Business, Innovation and Employment. When
we use MBIE during this presentation we're talking in the context of the MBIE's role
as a coordinating agency. And finally when we use the term provider we mean a NGO who
provides services under contract to an agency. The contracting framework is made up of five
different tools and documents that are used in the contracting process. You need to be
familiar with all five of these tools and documents to be able to use the contracting
framework. The Government Agency agreement is a contractual agreement between government agencies
and MBIE. It describes how agencies will work together when they contract with
NGOs. Agencies agree to abide by this document whenever they enter into an agreement for
social services. It's focussed on agencies working together to contract with NGOs in
a consistent and efficient manner. In this webinar we'll go through the main parts of
the Government Agency Agreement explaining what they mean and what the obligations of
the parties are. The framework terms and conditions are the standards terms and conditions that
apply to the outcome agreements between Government Agencies and providers. They're incorporated
by reference into each outcome agreement. These terms and conditions set out the obligations
of the Agency and the provider and they must be complied with while the services are being
delivered. In this webinar we'll go through the main parts of the framework terms and
conditions explaining what they mean and what the obligations of the parties are. The decision
support tool is an Excel based tool designed to help agencies identify and manage risks
when they contract with NGOs. The decision support tool will help agencies use the most
appropriate contracting and contract management approaches to manage the risks they have identified.
In this webinar we'll give you an overview of how to use the tool to guide your decision making.
The Outcome agreement is the contract between the agency and the provider. The Outcome agreement
details the services being purchased, pricing, and reporting. The framework terms
and conditions are incorporated by reference into each outcome agreement. The outcome agreement
cane also be used to document changes to the standard position on who owns intellectual
property and sharing confidential information. More than one agency can be party to an outcome agreement.
In other words an outcome agreement can be between a provider and more than one
agency, with each agency contracting for a specific part of the services. We'll look
at this in more detail later, but bare it in mind as we go through the framework. In
this webinar we'll give you an overview of the outcome agreement and show you which parts
you need to complete. The outcome agreement management plan is a template for a contract
management plan which agencies and providers can choose to use. It doesn't contain any
contractual obligations. Having an outcome agreement management plan isn't mandatory
but it is encouraged because it helps both the agency and the provider meet their obligations
and achieve the outcomes in the agreement. In this webinar we'll give you an overview
of the outcome agreement management plan and show you how to use it. Together the Government
Agency Agreement, framework terms and conditions, outcome agreement, outcome management plan
and the decision support tool make up the contracting framework. The first part of this
webinar will look at the Government Agency Agreement; the second part will look at the
framework terms and conditions; and the third and final part will look at the decision support
tool, outcome agreement, and outcome agreement management plan. Let's take a look at the
Government Agency Agreement. The Government Agency Agreement is a contract between each agency
and MBIE. It describes the commitments between Agencies and MBIE when they contract
to purchase services from any NGO. It is focussed on obligations of collaboration, coordination
and consistency. The provider is not party to the Government Agency Agreement. So what
does it say? The Government Agency Agreement is an important part of the contracting framework because
it records the commitments that each agency and MBIE make to each other that will assist
them collectively, reduce the duplication of contract management effort by agencies
which in turn should reduce the compliance burden on providers. It's purpose is to support
a structured adoption of the contracting framework by highlighting key areas for the agencies
such as consistency of approach, coordination and collaboration, and setting expectations
for the way agencies will approach those areas in future. MBIE is the coordinating agency and has an
important role to play in assisting agencies to improve their contracting and contract
management practices under the GAA, MBIE will assist agencies transition to the contracting
framework, provide the tools, templates and training that agencies and providers need
to use this contracting framework; help agencies who are working with the same provider collaborate
and share information by keeping a register of outcome agreements and planned audits and
monitoring; review and update the contracting framework documents so they can be used by
a wide range of agencies. The next section of the Government Agency Agreement called
Agency Commitments is about how Agencies will work with each other and with providers. The
collaboration sections requires agencies to communicate with each other about the services
they need and identify opportunities for collaboration. In addition agencies should work with providers
to try to coordinate the timing and content of regular reporting, special enquiries and
statutory audit requirements to reduce the disruption and costs to providers wherever
possible. The consistency approach section requires agencies to take a consistent approach
to risk assessment and management. They should use the decision support tool, DST, to identify,
assess, and mitigate risks. Discuss their DST requirement with the provider. Only add extra conditions
into an outcome agreement if necessary to manage or mitigate identified risks and explain
why they require information from the provider. Picking up on the collaboration obligations
mentioned on the previous slide, agencies should attempt to consolidate their reporting
and information request of the provider to minimise the effort required to comply with
such requests. Where this has not yet happened, those agencies should share the reporting
and monitoring of information about the providers so that agencies minimise their requests for
bespoke reporting or additional information from the provider, to reduce the compliance
burden of those requests. If any new intellectual property is created as a result of performing
the services then agencies should consider whether the new IP with worth sharing outside
the parties to the outcome agreement and if so discuss it with the provider and document
it in the outcome agreement. The last part of this section is about when agencies are
expected to talk to each other. Here we can see that more than one agency is party to
the outcome agreement. In this situation, the agencies are expected to tell each other
and ideally consult with each other. If one of them wants to recover from, reduce, or
suspend payments to a provider, or wants to terminate or stop participating in the outcome agreement.
It's worth remembering that agencies only need to consult if their actions are likely
to adversly impact the other agencies. This primarily impacts the agency providing the
majority of funding as their actions are likely to create more ripples for the provider
and other agencies. In this situation agencies have different outcome agreements with the
same provider. Here agencies are expected to tell each other if they want to do something
that might impact on the other outcome agreements in place, that includes telling each if one
of them wants to vary the outcome agreement or has a dispute with the provider or wants
to recover from, reduce or suspend payments to a provider, or wants to terminate their
outcome agreement. Again, the impact of this clause will be felt most by the agency that
provides the majority of funding to the provider. The next section of the Goverment Agency Agreement
is about the roles and responsibilities of agencies and MBIE as the coordinating agency.
Each agency agrees to manage their outcome agreements inline with the 2011 Kia Tutahi
Standing Together Relationship Accord between the Government of New Zealand and communities
of Aotearoa New Zealand. Each agency also agrees to manage their outcome agreements
in-line with the relationship principles embedded in the framework terms and conditions. The
roles and responsibilities section explains the roles and responsibilities of the MBIE
and agencies. Under those roles and responsibilities, MBIE will communicate and liase with agencies
to help them work together, and facilitate the coordination, the audit, monitoring and
reporting programmes while agencies agree to give MBIE the information they need to
help them facilitate the audit, reporting and monitoring programmes, collaborate with
each other, and work with providers in a consistant and coordinated way, and comply with their
obligations under this Government Agency Agreement. MBIE will review the contracting templates
at least once every three years, and will consult with both agencies and a range of
providers when doing that review. This is to ensure that the all important element of
co-design of the contracting framework is maintained. So, to recap. The Government Agency Agreement
is between Agencies and MBIE. It covers how MBIE will help agencies transistion
into the new contracting framework and work together better and share relevant information
for the benefit of both agencies and the provider. When agencies sign this agreement they commit
to treating the providers in a consistant manner and working together by collaborating,
joining up their reporting and special enquiry requirements wherever possible, and telling
each other when they want to do something that might impact on another agency. Agencies
also agree to identifying and assessing risks consistantly and share information with each
other whereever possible, so that outcome agreements are managed in a consistant way.
All of this is aimed at reducing the duplication of contract management activity by agencies
and in turn reducing the complience burden agencies impose on providers. That's the Government
Agency Agreement, and the end of the first part of this webinar. The second part of this
webinar will take a closer look at the framework terms and conditions.