3.1 The best private sector PPP bidders are likely to be highly organised and very purposeful. Public sector teams need to be at least as well prepared in order to negotiate effectively and arrive at an optimal solution. Arrangements will have been considered and a shadow project team may have been set up for the drafting of the Initial Agreement (IA). But to avoid unnecessary expenditure, preparation for procurement normally only begins in earnest once the IA is approved.
3.2 The starting point is to be clear about tasks, roles, responsibilities and in the context of the overall programme i.e. who is responsible for what between the members of the public sector team, including advisers? There may be some overlap in functions but specific responsibilities for performing tasks must be clearly allocated. Local circumstances will vary but typically, the roles and responsibilities for a major PPP procurement is broadly as described in Figure 3. One general rule is that advisers should advise, not lead or negotiate, except on very specific, closely bounded tasks.
3.3 NHS bodies should also consider the relevant guidance in the Project Organisation section of this guidance. Key members of the project team will be involved in negotiations with bidders and the NHSScotland body should consider whether training courses (such as negotiation skills) for the team as a whole would be useful.
3.4 Various publications and sources of guidance are available which deal with this important area, in particular the OGC website which should be referred to pre-procurement. The SGHD Key Stage Review (pre OJEU) requires NHS bodies to confirm that the correct governance and project management structures are in place for the PPP procurement.