Subcontracting policy
Overview
EduBase Academy works with a range of diverse cross-sector partners who add value and support us delivering better outcomes for our learners.
Subcontracting Policy
1. Background
1.1 EduBase Academy works with a range of diverse cross-sector partners who add value and support us delivering better outcomes for our learners.
1.2 This Policy details how EduBase Academy applies funding to all supply chain activity supported with funds supplied by the Department for Education (DfE) or any successor organisations.
1.3 Where a delivery partnership or collaboration is formed, these arrangements should not be confused with subcontracting, and they do not fall within the scope of this policy.
2. Context
2.1 This Policy is not a contract. EduBase Academy will hold legal contracts with all subcontractors and will only subcontract with organisations which are legal entities.
2.2 The Policy is a mandatory requirement and will be in place prior to participating in any subcontracting activity. It is reviewed annually and published on the website.
2.3 The content of this Policy has been developed in line with DfE Subcontracting rules and DfE Funding and Performance Management rules.
2.4 All subcontracting arrangements will be managed in accordance with the DfE rules and guidance in place at the time, including any in-year updates to the rules and/or guidance.
2.5 EduBase Academy will declare to the DfE, the amount of subcontracted provision undertaken, and provide a declaration of the individual providers whom EduBase Academy subcontract with.
3. Objectives
3.1 EduBase Academy aims to use its annual funding allocations to support learners, employers, and communities through direct delivery and will only use subcontracting where it is the view that this will provide a more consistent and specialist delivery.
3.2 Keeping levels of subcontracting to a minimum also reduces EduBase Academy’s exposure to risk of poor performance by other organisations.
4. Overarching Principle
4.1 EduBase Academy will use its supply chains to optimise the impact and effectiveness of service delivery to the end user. EduBase Academy will therefore ensure that:
4.1.1 Supply chain management activities comply with the principles of best practice in the sector.
4.1.2 At all times, fair and transparent procurement activities will be undertaken, conducting robust due diligence procedures on potential subcontractors to ensure compliance and to ensure the highest quality of learning delivery is made available, demonstrating value for money and a positive impact on learner lives.
4.1.3 Where disputes between supply chain partners cannot be resolved through mutually agreed internal resolution procedures, EduBase Academy will submit to independent outside arbitration or mediation and abide by its findings.
4.1.4 Contract documents will require both parties to adhere to the letter and spirit of contracts or partnerships. Signatories therefore commit that all discussions, communications, negotiations, and actions undertaken to build, maintain and develop supply chains will be conducted in good faith in accordance with sector best practice.
5. Rationale for subcontracting
5.1 EduBase Academy will, in the first instance, consider direct delivery. However, EduBase Academy recognises the benefits that effective subcontracting can bring in extending the range and accessibility of provision for learners and employers and will consider subcontracting to enhance opportunities in the following circumstances:
5.1.1 Where our existing employers or learners require additional provision which is beyond our existing scope or capacity.
5.1.2 Providing specialist programmes to complement EduBase Academy’s own provision.
5.1.3 Meeting regional community needs and priorities which EduBase Academy is not able to provide directly.
5.1.4 To enhance opportunities for disadvantaged groups of learners.
5.1.5 Helping employers in target sectors to upskill employees and progress.
5.1.6 Providing learners and employers with access to a wider range of training to meet local, regional, and national skill shortages.
5.1.7 Where funding has been awarded for Partnership Delivery.
6. Subcontractor Procurement
6.1 EduBase Academy delivers exceptional teaching and learning experiences that empower apprentices to achieve outstanding outcomes in their learning and development and career progression. To support this, we may enter subcontracted delivery arrangements with organisations to provide specialised and niche education routes or in geographies that we do not reach, which supplement EduBase Academy’ current catalogue of educational provision.
6.2 Where subcontractors are selected, this is done with a plan of longevity to ensure there is continued availability for specialised provision to be offered.
6.3 To support this, when selecting our supply chain partner providers, EduBase Academy consider the following:
6.3.1 Reputation – providers may be referred to us by employers or other providers, colleges, etc.
6.3.2 Specialism – providers who offer niche provision where there are few alternatives.
6.3.3 Geographic Location – where possible, we will support local partners.
6.3.4 Quality Measures – based on a range of measures including Ofsted rating, qualification achievement rates, track record and other quality markers or accreditations.
6.3.5 Responsiveness – how readily the provider can meet the needs of our learners and employers.
6.4 EduBase Academy utilises a rigorous procurement process which adopts the following principles:
6.4.1 Competitive tendering
6.4.2 Sustainability
6.4.3 Transparency
6.4.4 Fairness and Equality
6.4.5 Best practice
6.4.6 Legality (e.g. in accordance with UK Procurement Regulations)
6.4.7 Confidentiality, subject to the Freedom of Information Act
6.4.8 Fitness for Purpose
6.4.9 Quality
6.4.10 Total Lifetime Costs
6.4.11 Risk
6.4.12 Environmental Impact
6.4.13 Social Value
6.5 EduBase Academy undertakes robust due diligence which includes Safeguarding and Prevent, quality, ability/expertise to deliver qualifications posed and ensuring that the organisation doesn’t fund extremist organisations. This is to mitigate the risk to EduBase Academy and the contracts they may potentially enter into.
6.6 Any subcontractor with proposed contract values of more than £100,000 is required to register and be on the DfE’s Apprenticeship Provider and Assessment Register (APAR) before a contract can be issued (for contracts that are in relation to the delivery of apprenticeships).
6.7 As a minimum requirement, any subcontractor must have a UK Provider Reference Number (UKPRN).
6.8 Further investigations of any subcontractor would be undertaken if any of the following is identified via monitoring or any other means:
6.8.1 Ofsted has awarded the provider a Requires Improvement or Inadequate grade.
6.8.2 Sanctions are placed on any subcontractor by an awarding organisation.
6.8.3 Non-delivery of training.
6.8.4 Failure to meet the performance criteria detailed within the contract.
6.9 As part of the due diligence process, potential Supply Chain Partners will need to meet a number of requirements (the list is not exhaustive and will vary depending on contract requirements):
6.9.1 Details of Partners/Directors contact names and addresses and company registrations.
6.9.2 Make declarations regarding organisational standing and arrangements.
6.9.3 Latest audited accounts to support a financial viability health check.
6.9.4 Insurance Details.
6.9.5 Modern Slavery Policy and/or statement on website for in scope organisations.
6.9.6 Information Security and Data Protection.
6.9.7 Information Handling, Retention & Disposal Policy.
6.9.8 Fraud and Whistleblowing Policies.
6.9.9 Equality & Diversity and Sustainability Policies and plans.
6.9.10 Health and Safety policies and arrangements.
6.9.11 Safeguarding and Prevent policies and arrangements.
6.9.12 Quality Assurance / Monitoring Policy.
6.9.13 Customer Complaints Procedure.
6.9.14 Cyber Essentials (or equivalent).
6.10 Please note that all due diligence will be relevant and proportionate to the contract and to the needs of the relevant commissioner. Please note that Due Diligence will be conducted annually as required by the contract.
7. Subcontractor Support
7.1 EduBase Academy delivers exceptional teaching and learning experiences that empower apprentices to achieve outstanding outcomes in their learning and development and career progression, including that delivered through its subcontractors.
7.2 EduBase Academy will not enter subcontracts for provision deemed to be high risk.
7.3 Typically, a subcontractor with EduBase Academy will receive the following on a month or quarterly basis, dependent on the needs of the subcontractor and contract:
7.3.1 Regular contract monitoring with agreed actions for improvement along with dates of when the improvements are to be completed by.
7.3.2 A broad range of management information and performance reports to support the effective and timely delivery of DfE funded provision.
7.3.3 Experienced staff as a point of call such as specialist data & funding teams, safeguarding champions, health & safety experts & direct support from contract managers.
7.3.4 Performance assessment of activities such as teaching, learning & assessment with detailed feedback on improvements identified and timescales for improvements to be implemented.
7.3.5 Perform validation checks to ensure compliance with the funding rules outlined by the DfE (submission based).
7.4 If during contract monitoring, it is identified that there are elements of non-compliance with regards to DfE rules and guidelines or contractual agreements then support will be offered by EduBase Academy in order to assist with improving the subcontractor’s processes.
7.5 If in follow-up monitoring, non-compliance has not been addressed in the agreed timescales this will trigger the penalty clauses included in the contract which could ultimately mean termination of the contract.
8. Quality Assurance and Improvement
8.1 This Policy positions subcontracted provision as a core part of EduBase Academy activity, to enable continuous improvements in the quality of teaching, learning and assessment for both EduBase Academy and its supply chain partners.
8.2 EduBase Academy prides itself on its approach to collaborative and partnership working. We regard subcontracting as a partnership arrangement where each partner can benefit from the strengths and share the best practices of the other.
8.3 Our Quality Assurance processes aim to be supportive and will provide developmental feedback on how supply chain partners can improve. This includes, but is not limited to:
8.3.1 Desk-top checks and due diligence visit for new supply chain partners.
8.3.2 Annual due diligence review for existing providers.
8.3.3 A minimum of FOUR (risk rating dependent) Quality Assurance and Improvement visits per year, of which at least ONE site visit will be a short notice visit. This will include session observation, learner interviews and deep dives of curriculum provision.
8.3.4 Monthly and quarterly Contract Management meetings. Quarterly meetings may coincide with Quality Assurance and Improvement visits.
8.3.5 Quarterly survey of learners and employers.
8.3.6 Quarterly audit of MIS Data, including enrolment forms and attendance records.
8.3.7 Annual review of learner documents, including tracking records, reviews and ILPs.
8.3.8 Annual review of the subcontractor qualification achievement rates, Self-Assessment Reporting (SAR) process and Quality Improvement Plan (QIP).
9. Fees and Charges
9.1 EduBase Academy provides a simple and transparent funding structure for supply chain partner providers.
9.2 EduBase Academy will retain an element of funding to cover costs in supporting the monitoring and management of subcontracted provisions. The amount retained will vary depending on costs to EduBase Academy in managing and quality-assuring the provision, determined by the volume of the provision and the risk rating of the supply chain partner provider.
9.3 The risk rating is derived from an assessment which is conducted for each potential and existing supply chain partner based on thorough due diligence evidence provided.
9.4 Supply chain partners are supported from the initial contract agreement and throughout the lifetime of the contract. The contract review processes highlight any specific development needs.
9.5 EduBase Academy may retain a greater element of funding where it incurs additional costs, for example affording additional quality-monitoring visits because of identified under-performance.
9.6 In agreeing a subcontract, supply chain partner providers agree to this policy.
10. Payment Terms
10.1 The payment terms and evidence requirements are detailed within the appropriate subcontractor’s contract.
10.2 Payment processes are compliant with DfE contractual requirements. This is providing that the subcontractor has submitted the appropriate evidence, ensuring that it is of the highest quality and meets the needs of the learner and EduBase Academy.
11. Policy Review
11.1 EduBase Academy will review the entirety of its subcontracting on an annual basis. Dependant on advice or changes to the policy guidance set out by the Department for Education, this policy may be updated on an ad-hoc basis throughout the year.
11.2 This Policy will be published on EduBase Academy’s external website: www.edubaseacademy.com
