Tag Archive for: Professional services

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What’s In Store for Bad Buying in 2023?

As we enter 2023, what do the prospects for Bad Buying look like? No doubt, we will continue to see regular procurement and contract related fraud and corruption. It will be greeted on discovery by the CFO explaining that “it was a very sophisticated fraud”. Usually, that is simply not true.  What the CFO (or CPO) means is “our processes were rubbish and wide open to criminal exploitation, but I can’t say that because you might question why I’m paid a six or seven figure salary to manage this shambolic process”.

Talking of fraud, the long-running controversy over PPE procurement in the UK will continue in 2023, with an announcement this week that the government is going to court over the supply of gowns from supplier PPE Medpro. One paragraph in the Guardian report on this leapt out at me.

“The legal claim states that the DHSC had paid PPE Medpro the full £122m for the 25m gowns by 28 August 2020. This was before any of the gowns had been inspected in the UK, and before all the gowns had arrived. Health officials rejected the gowns after a first inspection at the NHS depot in Daventry on 11 September 2020”.

I know the situation was desperate back in 2020, but to pay the full contracted amount before inspecting the product at all – it just seems incredible that any procurement professional would agree to that. Anyway, more to come on PPE this year, no doubt with more discussion of links to politicians, dodgy suppliers and billions of wasted money.

Moving on from PPE, the public sector (in every country) will continue to struggle with complex and technologically complex procurement in areas such as Defence and major IT programmes. We can hope that the UK Ministry of Defence sorts out the long-running Ajax armoured vehicle fiasco, another programme with potentially billions of pounds on the line.  The latest comments in December during a House of Lords debate seemed a little more positive but let’s wait and see. It’s not just the UK of course. Just before Christmas, we saw reports in the German press and on the Jane’s website about some of their army’s vehicles following a major training exercise.

“Germany suspended procurement of the Puma infantry fighting vehicle (IFV) on 19 December after 18 of the vehicles broke down in an exercise preparing for their first assignment to the NATO Response Force Very High Readiness Joint Task Force (VJTF) in January, when Germany takes over command of the force”.

But the UK MOD seems to have issues with low tech procurement too. Recent reports suggest that the organisation still hasn’t got to grips with maintenance of military housing, a long-running example of Bad Buying on several counts. It started with a dreadful PFI programme that cost the taxpayer billions, and now the relatively new contract for looking after the homes is not delivering satisfactory outcomes for those who live there.  A contract management failure maybe?

Of course, it isn’t just the public sector that demonstrates Bad Buying, although the private sector is better at keeping failures hidden. I would argue that the professional services market (audit, consultancy, legal services) demonstrates a long-term failure of markets, procurement and buyers generally. Last month, the 100 Group, which represents the Finance Directors of some of the UK’s biggest firms, wrote to the “big four” audit firms to complain about rising fees. To which we might respond – well, you are the clients, why don’t you do something about it?

In truth, there is an oligopoly in the audit market. So the firms can get away with saying they are “investing in audit quality,” whilst in practice the extra revenue is channelled into paying their partners more and more each year – £1 million plus now in large firms. EY also increased the salaries of its junior accountants by 13% recently – nice for those people no doubt, but we all know that it is the clients who will pay for that generosity.

To some extent, legal service and strategy consulting has gone the same way – higher and higher salaries for firm’s partners in particular, whilst clients get exploited. Yet too many buyers are unwilling to use approaches that might mitigate cost increases, such as applying real competitive pressure, negotiating hard and skilfully, managing individual assignments more carefully, or looking at alternative suppliers to the top (and most expensive) firms.

Anyway, I’ll leave you with four thoughts for the New Year – maybe they could form the basis of some procurement new year resolutions for your organisation!

  • Check that you have everything in place to minimise the risk of fraud and corruption in your procurement activities. You can’t make it 100% criminal-proof, but you can make wrongdoing much more difficult by applying reasonably basic processes, systems and policies.
  • Competition is still the best mechanism invented to drive positive outcomes and outputs from suppliers and contracts. Use it well and widely.
  • Be a little cynical – well, maybe more than a little – about what suppliers promise you and the claims they make about their products and services, particularly in areas such as technology.
  • Organisations that are “good at procurement” don’t just focus on the skills and knowledge of their procurement teams – they understand that a wide range of people in the organisation need to understand their own role in the end-to-end process. They must also have the right commercial skills to play their part in procurement success.
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Professional Services – Procurement Has Failed

Unfortunately, procurement as a function has failed.  Not everywhere, not in every organisation, but across some huge and important markets, we have failed.

Reports last week in the Evening Standard – and elsewhere – lead to that unfortunate conclusion.

“UK partners at accountancy and consulting firm PwC were paid an average of more than £1 million for the first time last year. The London-based giant said consulting revenues were up by a third reflecting “exceptional clients demands to challenges and opportunities on multiple fronts”.

Group profits grew 24% to £1.4 billion in the year to end June and profit per partner averaged £920,000, up 12%. This was topped up by an average of £105,000 per partner in the firm of a distribution from the sale proceeds of PwC’s global mobility and immigration arm …”

And there are almost a thousand partners in the UK; 944 to be precise earning this huge amount. But they’re not entrepreneurs. They have not built a business, they don’t run a business and most of them are looking after relatively small teams, not the thousands of people many CEOs manage. They might create some value for clients, but I don’t think you can compare their work to being CEO of even a fairly small business, or being a business owner and entrepreneur trying to build a successful enterprise. Yet somehow, they are extracting a million each, every year, from the economy.

Fiona Czerniawska and I wrote “Buying Professional Services – How to get value from  consultants and other professional services providers” back in 2010. It remains I believe pretty much the only book focused on that specific area of procurement. Our focus was consultancy, audit and legal services, and we tried to lay out how buyers could achieve better value in these tricky markets. Procurement has a relatively short history in these spend areas – 30 years ago there was little procurement involvement in these categories even in the largest organisations. So you would hope that the more recent involvement of the profession would have helped make these markets more competitive and we would see better value for users.

But year after year, we see audit scandals, unsatisfactory consulting work, and yet the earnings of partners seems to just go up and up.  Surely, if procurement had really got to grips with these spend categories, we wouldn’t be seeing this? It is even more startling in the legal world, with Freshfields partners hitting the £2 million mark this year.

Clearly, there must be market issues here as well as questions of competence.  In the audit area, the greater regulation of that profession, put in place with good intent to raise quality, has succeeded in also raising the barriers to entry. So it has been very difficult for smaller firms to challenge the big four.

In the consulting and legal world, there are more complex factors at work. I believe that many CEOs and CFOs are happy to pay high fees and see partners earning so much, because it helps them justify their own salaries.  The executive remuneration consultants ( another highly questionable branch of the professional services world) can say to a Board, “if a PWC partner earns a million, you better pay your CEO at least that”.

Another problem is that procurement often comes up against the user of professional services who doesn’t want to see competition and just wants their favourite law or consulting firm, probably engaged on a day rate basis so the user doesn’t have to think too hard about outcomes or deliverables.   But we all know how important competition is to moderate costs; too often we still don’t see that in this world. And ongoing “contract management” of assignments is often dreadful or non-existent. How much of a partners’ earnings can be traced back to “land and expand” strategies, for instance, or projects that run on and on beyond their supposed delivery dates?

The hollowing out of businesses (and public sector bodies) over the years in the cause of efficiency is another factor. Downsizing and outsourcing has left organisations unable to resource new projects or anything out of the ordinary – so the consultants get called in.  For instance, PWC partners must be delighted to hear that the UK Tory government wants to cut civil service numbers by 25% – that will mean yet more lucrative work for them!  Which will no doubt be based on a Crown Commercial Services framework contract with consulting firms that when put in place made little attempt to drive real competition or push the firms into offering better value. 

The growing complexity of the business world is another driver, and we can’t blame the providers for that. Whether it is leading-edge technology or international patent law, organisations face more and more complexity and it is not surprising that external expertise has become more critical to success.

But even given that caveat, it seems clear that we have failed to get to grips with professional services procurement.

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“Give Us More Money” – Handling Professional Services Fee Demands

I was talking to a friend who is (very) close to the professional services market recently, and he told me some horror stories about suppliers demanding huge price increases in response to the inflationary environment. Proposed fee rises of 20% or even more are being proposed. In one case – a pretty unusual situation perhaps – the supplier was looking to more than double their rates!

So how do you respond in that sort of situation?

  1. If you have a contract in place, make sure you understand what that says. A contract that covers professional services input to a long-term project or programme might for example have included some price adjustment clauses. Make sure you know what they say before you get into negotiations!
  2. Remember that the opening proposal from any supplier is often a case of positioning or anchoring, as behavioural psychology guru Daniel Kahneman would put it. If a firm is suggesting a 30% fee increase, they may well be hoping that they end up achieving 10% – which a naive buyer might see as a success for them given the starting point. You might even get in first on the anchoring front and suggest a 10% fee reduction given the difficult economic times your organistion is facing…
  3. Suppliers will also stress the most extreme cost drivers when they justify their proposed increases. Even professional services firms will be moaning about the dramatic increases in energy costs. But that probably represents only a couple of percent of the cost base for most firms in that sector.
  4. Staff costs are of course the biggest single element of the total cost picture for firms in this sector. But inflation here is at least partly self-inflicted. If I was negotiating with PWC right now, I would be saying, “look, you chose to give your staff a 9%+ pay increase, that’s not my problem!”
  5. The other issue I would be introducing into the negotiation is the earnings of partners (or equivalent) in the firms. The proposed increases in reality are all about sustaining the income and the lifestyle of partners who are accustomed to making £700 – 900K a year (the big consulting / audit firms) and well over a million in the magic circle law firms and probably some of the top boutique / strategy consulting firms. That’s what we are paying for as customers.
  6. As in the case of any other spend category, the strength of your negotiation position depends on your options and alternatives. If you are in a position where “our CEO will only work with McKinsey and Linklaters”, then you have a problem. But this might be a suitable time to raise the issue with the CFO, and ask the question – “are we always going to be prepared to pay whatever these firms demand”?  If the answer is “yes” then you will simply get ripped off forever.

I know this isn’t easy – as a CPO I’ve been told politely to f*** off by a big firm consultancy partner when I tried to negotiate rates. “Your MD has already signed this, what makes you think you can change our agreement”?  

But you need to try and resist these inflationary demands. Remember, every extra pound, dollar or euro you give away is a reduction in your own organisation’s shareholder value, or less in the taxpayer’s pocket in the case of the public sector. And it is another step on the way to the next Ferrari, cottage in Tuscany or bottle of Latour 1945 for the professional services partners.

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Money No Object! UK Government Invites Proposals from Consulting Firms

(I asked CCS if they wanted to comment on this article and they said no).

The Crown Commercial Service (CCS) is the central buying organisation for the UK government – particularly used by central departments, although any other public body (councils, hospitals, universities etc.) can use their contracts and frameworks too. It does some good work and employs a lot of hard working, smart procurement people. But sometimes it gets it badly wrong, as it has with the new management consulting procurement process.

Bids from potential suppliers are now in for the latest iteration of their Management Consultancy Framework, MCF3 as it is known. It is split into 10 Lots, ranging through general “business”, functional areas including procurement, and high-level topics such as “strategy”. Suppliers can bid for all or any of the Lots.

I have looked at the way the Lots and evaluation process are structured, and the way it is designed looks at first sight very strange. However, if you believe that it is aimed at meeting four key objectives, then it is quite sensible. Those objectives do not, unfortunately, include “delivering value for the taxpayer”.  

Instead, they appear to be:

  1. Make sure the big firms (McKinsey,  Deloitte, BCG, PWC etc) win a place on the more “strategic” Lots 2, 3 and 4 for strategy, finance and transformation work.  Why is it essential that these firms are successful?  Simply because Ministers and senior civil servants want to use those firms, and CCS itself relies on the commission it gets from sales through its frameworks to fund itself. If they weren’t available via CCS, budget holders would find another way to engage those firms and CCS would lose revenue.  
  2. Make sure those firms get onto the framework without having to offer particularly competitive prices, so they will be happy to put senior people onto government work without worrying about the rates.  
  3. Ensure that there are a large number of “SMEs” (smaller firms) who win a place on the MCF. Ministers can then supposedly support the small business agenda and announce that “over 50% of the firms selected are small firms”.
  4. But also make sure there is no need for any government department to actually use any of these small, lower cost firms.

So if these are indeed the objectives, how has CCS given itself the best chance of achieving this?

A Dodgy Price Evaluation

The way price is evaluated is a major factor here. So Lot 1 is general “business”, and up to 75 suppliers will be appointed to this Lot. Here, when the bidders “price” is evaluated, it is weighted at 90% of the total marks available. But the other 10% is just a tick box to say you will deliver the services (which is odd in itself – why would I be bidding otherwise?)

Price is calculated as the median of the prices offered for the 6 grades, from junior consultant up to Partner level. So basically, this is purely a price selection. The cheapest firms, which will be small firms that few of us will have ever heard of, will win a place. And because no-one has heard of them, and (in some cases at least) they are not very good, which is why they are cheap, they won’t be used much. But CCS and Ministers will have lots of SMEs on the list to boast about.

So then how does CCS make sure that the big firms succeed? For Lots 2, 3 and 4, price is only weighted at 10% of the total marks.  The rest come from essay-type questions in which the firms have to show extensive capability. There is plenty of scope for some flexibility in the marking too, and given the low weighting, price barely matters.   I would bet my mortgage that the “usual suspects” will all win places here.  

But just to make sure that those firms don’t have to worry about not making enough money, the price on which marking is based is not calculated as the average (the mean) of the 6 grades, which would seem to be a logical approach, or a weighted average rate based on likely frequency of use of each grade. Instead, it is the average of just two grades, the two “middle” ones (senior consultant and principal consultant / associate director). Actually, that would seem to be the same as the “median” price which is how Lot 1 is defined – it is not clear why different terminology is used.

So that means you don’t have to worry much about the price you put in for Partner. There is one more constraint in that for each grade, the price must be between 10 and 50% lower than the grade above.  But that isn’t too much of a hardship – for instance, you could put in this bid:

FIRM A

Partner                               £6000 a day

Director                              £3000

Principal consultant        £1500

Senior consultant             £1300

Consultant                          £1150

Analyst                                £1000

Your score would be based on the average of £1300 and £1500, so that is £1400, which is probably not too out of line with many bids. But once you win a contract, you can legitimately put your Partners in at £6K a day!

This is an “Illegal” Evaluation Methodology

There is also a technical/legal issue here, in that your evaluation score could be the same as another bid that puts in much lower rates for the top two grades (or indeed the lowest two), as long as you offer the same rates for those two in the middle. That seems to break fundamental rules of public procurement, that you have to make “value” your selection factor and you have to show you have a “fair” process.  So Firm B (below) scores fewer points in the evaluation than firm A, even though their pricing is much better value overall!

FIRM B

Partner                               £2000 a day

Director                              £1750

Principal consultant        £1500

Senior consultant             £1320

Consultant                          £900

Analyst                                £600

I can think of no reason why the average of the 6 grades has not been used – other than to help the big firms charge a fortune for their Partners. Unless I’ve missed something here, it feels like either a real error or there is something odd going on. I’m not a conspiracy theorist, but you do sometimes wonder if there is some sort of plan for certain firms to suck as much money as possible out of the public purse at the moment?   

This is the Argos Catalogue, not a “Framework”

Finally, there is another somewhat technical issue, in that users of the framework who want to choose a supplier for an individual project should (to be legally compliant) in most cases invite all the suppliers listed in the Lot to bid. But if you have to ask 75 firms (Lot 1) or even 30 firms (Lots 2 to 6 ) to put in proposals, that is quite a workload to manage and evaluate.

So I suspect CCS assumes that many users will just choose their favourites from the list, even if this technically breaks the regulations. We’re going back to the old days when I worked in government in the 1990s and that was how frameworks were generally used. Budget holders just picked their favourites from a preferred supplier list. The approach didn’t deliver value for money for the taxpayer then, and it doesn’t now.

But again, having such extensive lists of suppliers ensures that there is plenty of choice on the framework for users, so CCS maximises its own revenues. I’m afraid that looks like a major driver here, along with keeping Ministers, budget holders and the big firms happy.

What Does the Lord Think?

I do also wonder what Lord Agnew, the Cabinet Office Minister, thinks of this, or if he is even aware of what is going on. It was Agnew who wrote to senior civil  servants last September telling them to “rein in spending on consultants” and that Whitehall was being “infantilised” by their over-use. 

But when you see headlines in a year or two about “firms charging £6K a day for consultants”, you know why. Basically, the government, through Crown Commercial Service, has designed its procurement process to allow that. This is all very disappointing, given the undoubted talent of the people in CCS involved in this exercise.

PS  Buying consulting services based on a “day rate” model is almost always the wrong way to do it, anyway. More on that another day.

PPS There is no mention of “social value” in the tender either.

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