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LSC ESF Programme Provider Contract Induction Provider Presentation. Welcome. Agenda. Programme Context Introduction to the LSC Contract Structure Key Contract Clauses. LSC ESF Website. Questions to Address. Do you have any questions you would like answered?. Context. 01.

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  1. LSC ESF Programme Provider Contract Induction Provider Presentation Welcome

  2. Agenda • Programme Context • Introduction to the LSC Contract Structure • Key Contract Clauses

  3. LSC ESF Website

  4. Questions to Address • Do you have any questions you would like answered?

  5. Context 01

  6. ESF Programme 2007 - 2013 • Priority 1: extending Employment Opportunities • Improve employability & skills for unemployed and inactive • Tackle barriers to work faced by disadvantaged groups • Reduce number of young people in NEET • Priority 2: Developing a Skilled & Adaptable Workforce • Focus on reducing the numbers without basic skills and level 2 qualifications • Some flexibility with regard Level 3 qualifications and higher level skills for small organisations (c20%)

  7. West Midlands ESF • Regional Skills Partnership Regional Framework • CFOs are • Jobcentre Plus • LSC and LGA Co-financing Organisation partnership • Aligned commissioning • LSC is the accountable body

  8. ESF Relationships 3 EC Regulations European Commission Operational Programme and Guidance Notes DWP/ESF Division Government Office – 9 Regions Delegated Authority Co-financers (CFOs) eg LSC/LGA GO Agreement LSC Agreement Providers Employers & Learners

  9. Compliance & Probity • Probity from the top down: • All activity properly procured • Every penny must be accounted for • All activity must be eligible & align to priorities

  10. Machinery of Government • LSC Government Office contracts will be novated to Skills Funding Agency • Provider contracts will be novated to Skills Funding Agency (managed on behalf of Local Authorities and Young People’s Learning Agency)

  11. Contract Structure 02

  12. Nature of Relationship • The LSC is procuring outputs • This is not a grant

  13. Contract Sections • Private providers (Conditions of Funding) • -Main Contract Terms & Conditions • -Schedule 1 – Service Description • -Schedule 2 – Payment Terms • -Schedule 3 – Special Conditions • Local authorities (Grant) • -Main Contract Terms & Conditions • -One schedule • FE colleges (Financial Memorandum) • -FM pt2 • -One schedule

  14. Common Appendices • Delivery Plan (objectives to be delivered; summary of specification) • Eligibility Table (who you can work with) • Delivery Profile (what you are delivering and when, and the related payments) • Outputs (what to collect to demonstrate delivery)

  15. Contract Numbering • West Midlands Contract WMxx-yy-nnnn • Payment System WMxxx – nnn • Local Project Number nnn

  16. Contract Change • Contract change is different to clarification • All change and clarification must be agreed in writing by LSC • All changes must have a contract variation • Changes must not materially alter the delivery away from the specification

  17. LSC Contract - Service to be Delivered 03

  18. Delivery Plan Appendix • Service Specification • Service Clarification • Non conformance • Target Groups • Contracted Outputs • Sector/geographic Volumes • Qualifications • Special Monitoring Requirements • Partners

  19. Useful Websites • Companies House • National Statistics • LSC • ESF Division (DWP) • DfES • DBERR • QCA

  20. LSC Contract - Conditions of Payment 04

  21. Payment Information • All payments made on condition that services delivered in accordance with the full contract • Payment on outputs not actual cost – no invoices! • Payment on contract profile, reconciled against actual performance • Payment on 18th working day by BACS

  22. Profile Appendix

  23. Issues Affecting Payment • No or wrong evidence • Ineligible learners • No or incomplete data • Poor performance or future delivery at risk • Not notifying the LSC of service changes • Not notifying the LSC of deliverables changes • Not using the funds for the intended purpose • Double funding • Owing UK Government or EC money

  24. Reducing Contracts • Contract allows for 10% underperformance before reprofiling may be instigated by the LSC • Under performance over 10% for a prolonged period will be deemed as putting the service at risk and funds may be removed from the contract

  25. Growing Contracts • Ability to grow contracts if • they are performing • there is budget available • Up to a maximum amount

  26. LSC Contract - Eligibility 05

  27. Eligibility • Individuals and employers must meet eligibility criteria • Contract eligibility criteria is a subset of national programme criteria • Funds will have to be repaid for ineligible learners

  28. Eligibility Appendix

  29. LSC Contract - Evidence/Documentation 06

  30. Evidence • Defined in the contract • Must be kept for all outputs • Plan how this will be managed • by output for ease of audit • by participant to fit with accrediting body • by claim • Create standard evidence folder

  31. Outputs Appendix

  32. Evidence Checking • At meetings, review sample of evidence from previous period/last claim • Ensures correct evidence is being collected and identifies problems early • Is a contract management activity and does not replace official LSC audits

  33. LSC Contract - Data Collection 07

  34. Data Collection • The LSC must get data on every participant • The data must come through the standard systems • Data must be correct and be of quality • Lack of data will affect payments and would be a serious breach of the contract

  35. Learner Record • All learners must have a signed ILR • Learners will have multiple aims – eg assessment, training etc • All data will be through the WBL ILR inline with Deprived Area Funding (DAF) Skills for Jobs and Train to Gain • This can be through Provider Online or Batch

  36. Special FieldsAims • Payments will be linked to learner data and particularly the aim reference • Assessment and planning ZESF0001 • Non-accredited or programme XESF0001 • Qualificatons xxxxxxxxx

  37. Special Fields Employer Specifications • Linked to Train to Gain, so complete all appropriate fields • A44 Employer Code specifically important

  38. Special Fields Adult/Youth/Other Specs • Claimants information A14/E12 • Background information A47 • Homeless L18

  39. Annual Migration • LSC systems orientated around majority of funding in academic years • Data for multi-years contracts ‘migrated’ to next academic year • Only open aims are migrated • LSC does not want learner data until Aug 08 (08/09 database) to minimise impact

  40. Common Data Errors • All data must be of good quality and complete • Common problems encountered: • ‘Not knowns’ • Wrong dossier number • Ineligible learners • No learner records • No multiple aims • A47 code completion

  41. LSC Contract - Monitoring & Evaluation 08

  42. Monthly Cycle This Month Next Month Last Month Claims on 4th working day for last month Learner data by 4th working day for last month New contracts and reprofiles signed by 10th working day Payment 18th working day for this month

  43. LSC Monitoring Visits • Regular reviews with LSC contact • Review performance of last period • Look forward and address risks • Address any issues and answer questions • Review Evidence • Document meetings

  44. 2 types of claim • Claims are statements of the volume of deliverables achieved and evidence by the provider • Outputs only, no funds or invoices • 1 – Individual Learner Record (ILR) based deliverables (4th working day) • 2 – Delivery Statement based outputs (4th working day)

  45. ILR Based Claim • Submit learner data as normal, by 4th working day • Payment system eligibility checks and counts aims based on aim reference • XESF001 Non accredited • ZESF001 Assessment & planning • nnnnnnn Qualification specific • Available April 09

  46. Delivery Statement • Non ILR based outputs, by 4th working day • Uses Contract Inquiry on Provider Gateway • Can update old claims • Availability Feb 09

  47. LSC CommunicationsPath LSC Area Office /Skills /Economic Development LSC Regional Teams Government Office Provider

  48. LSC Contract - State Aid Regulations 09

  49. State Aid • Only for employer based contracts • De Minimis will be the standard approach • Training Aid exemption if De Minimis not appropriate • No State Aid issues in certain circumstances

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