Analysis of a Contract Specific Organisation

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A        Contract specific organisation structure chart and number of staff, primary responsibilities and individual hours of working.  Add costs.xls; SEE PAGE 46 - Manhour Allocation

Think IWM text for roles – also relevant for training

Action MS using the Court Service Submission.

  1. Resource Solution
  1. General

The resource solution we advocate for this commission is a matrix solution based where there are

  • Management Line Resources  - management heads who will ultimately own the output, provide the people management function and have the Client relationship
  • Service Line Managers – functional heads or experts from within the DJ matrix who will define the ‘what’ and ‘how’ aspect, providing the service delivery staff with direction, professional discipline knowledge and technical training


As all the Greater London Magistrates Court Authority Circuit portfolio is within Greater London, we propose supporting this commission with Service Managers and non site based professional resources from our London (West End) office.

The dedicated management team will naturally be based at your Managing Agent offices within the Thomas More Building.

The executive management team headed by Mike Young, who will have ultimate responsibility for the services provided

The Dedicated Management Team will own the solution and manage the client relationship and customer interface. They will draw on our matrix support of Service Managers and resources for specific tasks whilst retaining overall control and administration. The Service Managers will work for the Dedicated Management Team headed by our Account Manager and Operations Manager

The structure diagram included in this method statement  (Page No.  15), and the Task Matrix Schedule in 2.2 identifies the key personnel and their area of responsibility - the Dedicated Management Team  (Management Line) and the Service Managers responsible for the functional support via the matrix ( Functional Service Line).

For each principal service area, the managers will draw on personnel from the matrix who are most appropriately experienced and located.  Therefore, a rent review on any of the buildings would be supervised by Malcolm Hull  as "Service Manager" but be executed by  a number of office based younger professionals. Malcolm will take full responsibility for the quality of their output, but will report into the DJ Account Manager (in the Management Line), who will own the overall solution

Similarly building projects will be carried out via the Service Managers (Peter Little & Peter Bickerstaff ) reporting through the DJ Account Manager, but might be best carried out by either engineer or surveyor with precise knowledge and experience.

  1. Greater London Magistrates Court Authority Circuit  - Allocation of Task Matrix

The suggested task allocation ( fixed fee and ad valorem )would be as follows


1.2        Greater London Magistrates Court Authority Circuit  - Allocation of Task Matrix (Continued)

Check organogram fits T.A.M. above + that scope is covered.


B        Curriculum vitae of site specific staff (generic are acceptable) including age, qualifications, company status, period of service, relevant experience, and current duties.

Action A J  

Find the Cv of Steve Woolley, Peter little etc etc.

Mike Young, Mike Shone etc.


C        Programme sequence and preparation for introduction of staff into the Building and Contract with interim Services during Enabling Period.

Action MS to update the MS Project Chart

METHOD P.3

  1. Commencement / Start Up / Implementation

We note that the commission award date is 15th September 2001 and that the Initial Period commences on  1st November 2001

A full communication / quality plan will be produced as soon as possible after award and prior to the initial period and at least 4 weeks before the start date at site, when Drivers Jonas assume full responsibility. The communication plan will be produced from the initial review and discussion. It will define roles and responsibilities, reporting lines, meeting frequencies and formats, escalation procedures, operation processes , who systems are used and what is expected of each person within the team

We will, within 4 weeks of the start of the Initial Period and following our appointment:

  • Review the existing PPM contracts including associated Asset Registers
  • Review the existing PPM programmes, and Works status against those programmes
  • Hold an introductory meeting with each Term Contractor
  • Identify any issues concerning the contracts and bring them to the attention of the Authority

METHOD P.22

  1. Recruitment, Training & TUPE

All our HR processes covering recruitment, appraisal, remuneration and training are covered by our IiP accreditation. So you can rest assured that we will apply resources of the right calibre, experience, motivation and inclination. Our processes do not permit us to place resources without constant ongoing and adequate support and review of their performance.       GOOD

  1. TUPE

We are aware that there may be a number of staff affected by this tendering exercise who currently work with one of the three existing Managing Agents covering the portfolio. Under TUPE these individuals have rights which need to protected. Consultation is the key element in the process. This will enlighten current MA staff on the benefits of working with DJ, the opportunities they will have and assuage any fears they have about the unknown. Regular and open professional consultation will minimise the effects of any loss of motivation and reduce the loss of experience, which is vital if service continuity is to be maintained. We will take every opportunity to demonstrate that we value them and reassure them they have a great future with us. Without our people we could not be successful, so we would want to ensure they remain highly motivated and committed to DJ so that we can get the best out of them. We will make sure they are adequately inducted and trained in our unique systems, and their careers and performance are reviewed annually as part of our appraisal process. This appraisal process will identify current and future training needs, together with future career opportunities within the partnership.

Within our tender we have highlighted the number of positions and seniority of staff we intend to deploy on this commission . Some of these staff will come from within DJ other ( corporate and executive functions out of necessity ) others will need to be recruited. Under TUPE we are obligated to give the existing staff first option on these vacancies provided they have the skills and experience we require.

We are also aware from various discussions that none of the current staff are ex public sector employees, so relatively the risk to us is small in terms of the contingent terminal redundancy liability. On the basis of what we believe to be the emerging situation we have included within our bid a small £10,000 PC sum to cover TUPE, which we have included within our Interim Fee. However if required this could be amortised over the 3 year term. This fee may be insufficient  - which is our risk – but may also be reduced when we understand more about the prevailing situation. Our assumptions are as follows;-

  • Limited number of staff likely to be affected by TUPE, who are currently exclusively dedicated to the properties comprising the Greater London Magistrates Court Authority Circuit Estate
  • Unlikely that professional staff – surveyors or engineers will be released by their current employers and hence deemed part of any TUPE transfer. Highly likely that their employers will want to keep them
  • DJ resources are priced at market rates
  • On average none of the current staff will have worked on any of the Greater London Magistrates Court Authoritys Circuit portfolio for more than 5 years
  • Staff transferring into DJ can be transferred on to others at the end of the concession
  • The consultation process in TUPE can take as long as 3 months
  • Only staff will transfer to DJ where there is an exact skill match and the job continues in its current form
  • Current providers will be responsible for termination costs where transfers to DJ do not take place and hence their jobs become redundant
  • DJ will offer equitable T&C’s to those transferring

ISOP P. 25

i        managing staff deployment and / or redeployment;

All our HR processes covering recruitment, appraisal, remuneration and training are covered by our IiP accreditation. So you can rest assured that we will apply resources of the right calibre, experience, motivation and inclination. Our processes do not permit us to place resources without constant ongoing and adequate support and review of their performance.

At the tender stage we will clearly identify the number of positions and seniority of staff we intend to deploy on this commission . Some of these staff will come from within DJ (corporate and executive functions out of necessity) others will need to be recruited.

Under TUPE we are obligated to give the existing staff first option on these vacancies provided they have the skills and experience we require. This said there is always the opportunity of transferring in staff under TUPE and redeploying them on to other accounts.

In recruiting staff for vacancies such as this we will in order of priority:-

  • Offer as a first priority the vacancies to current staff with current providers under TUPE
  • Secondly, if the TUPE transferees cannot alone satisfy the requirements then we would look to fill vacancies by internally advertising and transferring in staff from within Drivers Jonas, providing them with career development
  • Thirdly, advertise and recruit externally

Under all of the above situations we adopt a strict equal opportunities policy where all vacancies are filled on the basis of merit, skills and experience, irrespective of colour , race, sect, religion, disability or sexual orientation.

ii        addressing issues such as pensions, trade union membership, conditions of service and any other measures that will affect any employees transferring; and

Drivers Jonas’s HR processes are accredited to I i P (Investors in People). These processes cover Recruitment, Training, Welfare, Staff Appraisal and Career Development. We regard them as our core asset as we are a people business - accordingly we look after our staff. Under TUPE we are naturally required to match Terms and Conditions, including pensions which we are prepared to do. Although pensions are not currently covered by TUPE we believe that an equivalent pension scheme must be provided to ensure employee loyalty, commitment and hence service continuity. We are also prepared to recognise trade union representation in terms of collective negotiation. However the reality is that as Drivers Jonas is a very successful organisation and our incremental pay increases and bonuses are driven by performance and merit, as such they exceed those negotiated in the public sector.

There are normally two methods of dealing with the TUPE issue.

  • Single stage bidding process with TUPE information provided up front
  • Two stage bidding process, where the first stage assumes TUPE does not apply (green field situation) and then the TUPE information is factored in as part of the negotiations

iii        complying with the required consultation process under TUPE for the transfer of staff.

DJ experience of TUPE includes both first and second generation transfers. In the case of first generation transfers this includes (1)transfers from original client to DJ, (2) client to contractor ( where DJ acted as adviser / consultant) and (3) client to contractor ( where DJ acted as independent FM  / Managing Agent ). In the second generation category our experience includes (4) current FM to new FM and (5) contractor to contractor ( where DJ acted as adviser / consultant ) and lastly (6)from current Managing Agent to DJ ( where we have secured Managing Agent commissions and picked up staff that transferred into their existing employer under TUPE ).

In all our previous Managing Agent agreements, FM contracts and Consultancy commissions the sensitivity of the TUPE situation has been fully recognised and managed by seconding a trained and experienced HR Manager into our transition team, led by our designated Transition Manager. This individual will be designated by our HR Director Karen Cusdin, who also has extensive TUPE transfer experience.

We are aware that there may be a number of staff affected by this procurement exercise who currently work with the GLMCA or existing FM providers covering the portfolio. Under TUPE these individuals have rights which need to protected. Consultation is the key element in the process. Our process will include extensive consultation with both individuals and unions representing them, to ensure they are kept well informed and to minimise any loss of motivation and morale in what will be a difficult period. This will enlighten current FM staff on the benefits of working with DJ, the opportunities they will have and assuage any fears they have about the unknown. Those individuals that transfer to DJ will find that we are an expanding and progressive practice, with tremendous opportunity for career development and advancement.

Consultation will minimise the effects of any loss of motivation and reduce the loss of experience, which is vital if service continuity is to be maintained. We will take every opportunity to demonstrate that we value them and reassure them they have a great future with us. Without our people we could not be successful, so we would want to ensure they remain highly motivated and committed to DJ so that we can get the best out of them. We will make sure they are adequately inducted and trained in our unique systems, and their careers and performance are reviewed annually as part of our appraisal process. This appraisal process will identify current and future training needs, together with future career opportunities within the partnership.

The TUPE phenomenon has now been with us for over a decade and is now readily understood by the Property & FM industry. Any associated risks have been fully recognised and assessed. Workable plans, and staff friendly approaches developed and proven, which looks after the interests of the individual, whilst mitigating exposure by all the parties involved. Most organisations now view TUPE as a distinct advantage. In DJ for instance the main inhibitor to our growth is not finding and securing the work, but finding quality resources to underpin it. The transfer of resources via TUPE provides resource to deliver that growth, whilst ensuring continuity of service for the client.

Our approach with you will be to work in partnership to develop a joint solution, where individuals transfer to respective new employers as part of the overall service offering. We believe it is important that individuals transfer to an organisation where there is a natural cultural fit and where individuals best long term aspirations can be met. Under all situations as a professional practice we will ensure that all aspects of the TUPE legislation are executed fairly and appropriately. Our implementation process will include the development of a complete TUPE transfer plan. This will include a schedule of key dates / milestones covering initial discussion with yourselves, issue of official notices, consultation with affected staff, techniques and contingency plans for head count reductions, union discussions / briefings, official announcements to staff, arranging transfer solutions to new employers, publicising transfer date and induction training. We will produce a welcome pack for all staff transferring to us.

We are used to both single and two stage TUPE compliant bidding processes, where we have acted as both bidder and consultant. In the case of the former TUPE information is provided with the initial ITT. In the case of the latter, which is our preference, the TUPE information is issued at a later stage after the initial green field bids have been received and the effects of TUPE negotiated directly with the Preferred Supplier.

Based on a our previous experience of TUPE in this instance we cannot believe there will be a large TUPE terminal redundancy liability on the basis of the following;-

  • We believe this exercise will only involve a handful of staff who may be ex public sector employees, so relatively the risk to us is small in terms of the contingent terminal redundancy liability.
  • Again we assume that unless any of the site(s) close then the terminal liability will transfer to the incoming provider at the end of any commission
  • Individuals will transfer to an organisation where there is a natural cultural fit and where individuals best long term aspirations can be met. e.g white collar staff transfer to DJ, blue collar service delivery staff, who currently deliver maintenance, cleaning etc., transferring to our  proposed service providers
  • Limited number of staff likely to be affected by TUPE, who are currently exclusively dedicated to the properties comprising the GLMCA estate
  • Unlikely that professional staff – surveyors or engineers will be released by their current employers and hence deemed part of any TUPE transfer. Highly likely that their employers will want to keep them
  • Staff transferring into DJ can be transferred on to others at the end of the concession
  • High probability that staff transferring in to DJ can transfer to other accounts if there is an over supply situation
  • The consultation process in TUPE can take as long as 3 months
  • DJ will ensure that all individuals are transferred on compatible terms and conditions, in terms of rates of pay, holidays, continuation of pensionable service, other benefits, union recognition etc. 

Our Management Team has transitioned many commissions (Employment Services, British Film Institute, Metropolitan Police, Sussex Police, Home Office, PACE etc.). Our Transition Manager Marcus Hill, has successfully implemented many contracts including WPP, BP Uxbridge, Virgin Mobile, Nortel, Shell International, Churchill Insurance, WorldCom, Hornagold and Hills, the British Council, Motability Finance Limited and MWB., which included TUPE and Change Management. Paul Alexander, who runs our Managing Agent Finance Group, was previously heavily involved when the former PSA was privatised to form Buildings, Property & FM and Unicorn. Our Business Development Director, Mike Shone recently played a pivotal transitional role in the outsourcing / TUPE of Burmah Castrol’s FM, BP Grangemouth’s FM and Department of Health Regional Offices to Johnson Controls. All this experience will be available during the transition and ongoing operational phase.

DEFRA QUESTIONS SN.A

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D        The Contractor shall provide details of training, including National recognised courses, to be given to staff employees.

Action AJ find text from the following and tailor to suit the application

GLMCA ISOP questions/ answers.          ADD THE BIT MARKED GOOD ABOVE

Supreme Court Circuit (Court Service)               ADD IWM TEXT

DEFRA Bid etc.

TRAINING policy from Intranet; IiP;

Text IWM’s point 90

DEFRA QNS. SN 6


E        Details of off-site personnel who will have direct responsibilities in connection with this Contract, definition of Services, estimated time ...

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