Fair Payment For Public Sector Sub-Contractors
Friday, April 30th, 2010When the latest budget was unveiled by Mr Darling in March, the vast majority of the country was browsing at the impact it would have on our work, on our taxations, our schooling and health programs and our own personal spending patterns. There was one step launched as part of the 2010 budget that most of us will not have seen however. This write-up aims to uncover some of the details of this fresh initiative.
The announcement was in regard to fair payment within the public sector industry, with specific focus on contractors and subsequent sub-contractors. The new judgment declares that from March 25th 2010, any service provider working for a department in the public segment will have a legal obligation to pay their sub-contractors within 30 days.
It is worth noting that the 30 day clause doesn’t apply to payments from the governmental departments to 1st tier contractors, but to the first tier contractors making punctual payments to lower tier contractors that they are appointing themselves. Nevertheless, all central government departments now must pay 80% of any undisputed invoices for goods or services within 5 days. This is a measure of their own dedication to a more fair payment system.
Why It’s Being Done
This step has been taken as part of an attempt to enhance the timeliness of payments coming from public sector work up and down the supply chain. Public sector work has a decent reputation for the speedy payment of bills at the top levels of sub-contracted work, but this benefit has not at all times been experienced by sub-contractors which are two or three levels of separation from the initial payment. The addition of a 30 day payment clause ought to help pass on this benefit between all sub-contractors working on public sector projects.
When viewed as part of the larger picture, this payment initiative is being employed to try and help the numbers of small and medium sized businesses (SMEs) that trade in this country. As we feel the end of the most recent recession, many businesses both large and small have felt the strain. Merely surviving until now in the present financial circumstances has been an achievement for many.
To help these businesses manage their income flow more efficiently, suppliers to the public segment are being paid faster than has ever before been the case. 19 out of 20 invoices to central government sections from primary contractors are being paid inside of 10 days. The government is now looking to spread this benefit across the sub-contracting supply cycle.
A public sector company looking into any kind of office fit out have to now adjust deals for any contractors they will employ.
Who It Affects
This fresh ruling will affect any contractors and sub-contractors throughout the supply chain on projects for any government departments, government agencies along with NDPBs (non-departmental public bodies). It is designed to aid the sub-contractors deeper down the chain rather than offering rewards simply to the main contractors at the higer levels.
Who It Doesn’t Affect
This 30 day payment system is only applicable to contractors in the supply sequence for public segment works and is not part of general business regulation. It therefore doesn’t affect any contractors in the private market. Since the measure does not need to be applied to active contracts, many of the projects for the 2012 Olympic Games won’t be obligated to adopt the system. The usage of the system by existing construction contracts on a voluntary basis is being encouraged though.
What It Means For Business
What this ought to signify with regard to small businesses that are involved with public segment projects is an increase in the speed with which they receive payment for their work. Whilst several repayment procedures have been known to include range with regard to certain “bending” of the guidelines, this new plan does seem to be much more rigid in terms of delivering on its potential.
It will of course mean that public sector contracts can no more be received by main contractors which do not agree to the 30 day payment clause. Even more than this, the swiftness of payments all the way down the supply chain might become a variable while deciding which contractors will be chosen. The authorities are positively encouraging their main contractors to pay 2nd and third tier firms before the 30 day deadline is up, which can see contractors making use of speed of payments as part of their own proposals. This could improve competition for work since smaller sized businesses may be able to compete on something other than price.
The new payment steps do not have to be applied to any existing contracts which the governmental departments in question currently have. This fact will help to reduce the period of time spent on adjusting the contracts and keep the paperwork necessary to a minimum, and it should allow the new system to come into practice much much more smoothly. Divisions are being asked to encourage their primary contractors to follow the 30 day payment system on a voluntary basis wherever possible.
The economic demands linked to fit outs should not prevent companies doing these projects when they are required.
This new commitments to quicker payments all through the supply chain is a related measure to other plans and acts which are being executed in order to encourage a fairer working atmosphere up and down the supply chain. Two of those other steps include:
Fair Payment Charter
The Fair Payment Charter forms part of a larger instruction created by the Office for Government Commerce (OGC) created to promote the very best “fair payment” procedures for businesses working within the world of public sector works. The conditions set out by this charter came into force from the 1st January 2008 targeted at all contracts in the public sector.
This charter is by no means a lawfully binding record, and it doesn’t supersede any conditions laid out by specific workers’ agreements. It is merely a record that lays out a range of commitments that are hoped to be followed all through the industry. A few of the major factors in the charter are the swiftness and correctness of payments that are made, that the payment process ought to be clear up and down the supply chain and also that all parties in the supply chain should work together to ensure appropriate cash flows at many levels. In many ways this charter laid the footings for the new 30 day payment plan.
Prompt Payment Code
The Prompt Payment Code is yet another move that is tailored toward assisting small and medium size companies, particularly in terms of their cash flow. It has been developed by the Government, with help from the Institute of Credit Management (ICM) and promotes the usage of best payment tactics and transparency for any agency which adopts it.
Once again, this code is not a legally binding document and doesn’t override any stipulations of operating agreements between businesses and individuals. It’s a guide for companies which lays out a standard set of fair payment procedures designed to help all members operating inside the public sector. As well as timely and fair payments, it also lays out guidelines for the dispute of invoices and any complaints raised by suppliers.
Firms that sign up to the code have to undergo an application procedure which establishes if they have suitable procedures in place to comply with the guidelines set out in the code. Once they have passed all these tests they can show the PPC logo on their very own business brochures and website as a sign of their dedication to working inside of a fair payment environment.
Economic planning has always remained crucial to refurb projects since companies must keep a control on payments coming in and out.
Implementation Of The Code
The specific wording that should be adopted by firms working in the public sector may be taken from the Model Terms and Conditions of Contract for Goods and Services, as released by the OGC. The specific section that ought to be followed within the industry is the following:”Where the Contractor enters into a sub-contract with a supplier or contractor for the purpose of performing its obligations under the Contract, it shall ensure that a provision is included in such a sub-contract which requires payment to be made of all sums due by the Contractor to the sub-contractor within a specified period not exceeding 30 days from the receipt of a valid invoice.”
The OGC wants companies to adopt the contract models that it has produced as a program of best practice. This does not necessarily mean that they must be followed word for word in every circumstance, given that each business is different and works under a unique collection of conditions.
Political Impact
As with any program introduced by Government there is a certain amount of political maneuvering that takes place. Although all sides of the political spectrum can agree that there is a crucial need for fair payment in the public sector, there are still a number of additional actions that can be taken that could be employed by all parties to boost their own campaigns.
David Cameron and the Tory party have recently come out with a promise to deal with unfair pay within the public segment. Their scheme will put into action a broad sweep of pay cuts across the senior employees within the public sector by associating the pay levels of the chief staff to the lowest paid employees within their business.
While Cameron recognises that there is already a commitment to pay transparency, fairness and timeliness, he also states that “it is time to go further.” The party head claims that by dealing with the problem of fair pay within the public segment is a sign of how his party has become the most progressive party in the British isles and should go some way to dismiss the traditional prejudices associated with the Conservative party.