Post by Patrick Torsney on Oct 11, 2012 13:32:32 GMT
This is something that I think is important to share. I don't know if it will be in the final ITT FAQ tomorrow or not
The LSC stance on the 4 Debt NMS and whether or to what extent additional NMS would be possible when these were used up appears to have been addressed (if that's the right word for it) in an answer via the Bravo system this week
The LSC were asked whether additional NMS would be allocated after the initial 4 had been used up and, if so, on what basis
The LSC's response, via Bravo, was that the rules on Supplementary Matter Starts would apply as set out in the 2013 Draft Specification, which are:
Supplementary Matter Starts
1.20 Schedules also act as a framework under which we may issue you with Supplementary Matter Starts during the period they cover. We may issue Supplementary Matter Starts either in accordance with an invitation to tender, or under Paragraph 1.22. Matter Starts will only be issued to you with your agreement including pursuant to Paragraph 3.57.
1.21 Before issuing Supplementary Matter Starts, we will consider, subject to the provisions of this Contract, all the circumstances including whether we are satisfied that there is evidence of unmet need for the applicable Category of Law within your Procurement Area.
1.22 Without prejudice to Paragraph 1.21 but subject to the limit set out at Paragraph 1.23, we may issue Supplementary Matter Starts to you if we are satisfied that either:
(a) you are unable to meet an urgent demand from Clients for your services from your current Matter Start allocation; or
(b) an urgent need for services arises as a result of another Provider in your Procurement Area ceasing to provide or reducing the provision of such services for any reason; or
(c) there is a general increase in demand for services of that type within your Procurement Area.
1.23 We will not issue Supplementary Matter Starts to you under Paragraph 1.22 in a Procurement Area for a Category if doing so would bring the total number of Supplementary Matter Starts issued to you in that Procurement Area for that Category to a figure which is higher than 50% of your allocation of Matter Starts in that Procurement Area for that Category at the start of your current Schedule period.
This has surprised me. As yet, we do not know how many cases will fall out of the Telephone Gateway and be referred to providers able to take them on for face-to-face (F2F)
If 1.23 above applies strictly, and there is no further clarification within the Tender itself, then it would appear that each Office would only ever be able to obtain 6 NMS per year maximum, and even then when the other conditions within the rules above were satisfied?
If this is correct, is the LSC really that confident that the proportion of clients being referred out of the Gateway will be this low? What happens if it is not?
The Gateway contract appears to suggest - to me at least - a much higher (than 4 or 6) likely referral out to individual providers within any PA for F2F is likely. Perhaps the question is, will these referrals out count towards the Schedule allocation of Debt NMS for F2F providers?
Has anyone asked this via Bravo or have any further information? I'll ask ASA whether they've had any lead from the LSC on this and come back. Perhaps the final FAQ tomorrow might shed more light on it...