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Higher and Degree Apprenticeships

Sub-contracting policy in relation to Education and Skills Funding Agency (ESFA) Funded programmes

Last updated: 17 April 2023

1. Introduction and purpose

The University of Gloucestershire offers Higher and Degree Level apprenticeships to employers covering a range of subject areas. The great majority of our apprenticeship delivery is carried out by the University, however, the University will consider subcontracting training provision that is specialist, or beyond our existing scope or capacity. This will be undertaken to:

A national requirement for all apprenticeships is that prior to completion, apprentices must hold relevant qualifications at a level defined by the ESFA in English and maths. It is possible that some apprentices will not hold these qualifications prior to entry onto a programme, and where this is the case, the University will subcontract the delivery of Functional Skills English and math level 2 qualifications as part of the apprenticeship programme.

The ESFA’s rules governing subcontracted delivery are designed to increase the quality of this provision and to ensure that employers have a direct relationship with their main provider. As the main training provider, The University will:

The purpose of this policy is to provide accurate and comprehensive information to external agencies and potential subcontractors on how the University procures its subcontracted services, the pricing framework used and how quality will be managed and monitored.

2. Scope and Context

This policy applies to all subcontracted provision funded by the ESFA. The Subcontracting Policy is a mandatory requirement for subcontracting activity. The policy’s content has been developed to comply with the ESFA Apprenticeship and Performance Management Rules for Main Providers; August 2022 to July 2023, Version 1; issued July 2022

3. Fairness in Procurement

The University will at all times undertake fair and transparent procurement activities. Selection and procurement of subcontractors will be carried out in accordance with the University’s Procurement Policy and the Public Contracts Regulations 2015.

The University will inform the Chief Executive of the ESFA in writing, about any circumstances which might lead to an actual or perceived conflict of interest.

4. Due diligence

The University will undertake a robust process of due diligence when selecting potential subcontractors to ensure the highest quality of learning delivery is made available which demonstrates value for money and has a positive impact on the experience of both Employers and Learners.

In line with revised ESFA Guidance, the University will only procure the service of subcontractors who are registered on the Register of Apprenticeship Training Providers (RoATP) to deliver services to employers.

As part of our Due Diligence processes, subcontractors are required to have robust policies in place which will be retained by the University and should include (but need not be limited to) the following:

  1. Safeguarding and Prevent (including DBS/safe recruitment, where appropriate)
  2. Health & Safety
  3. GDPR
  4. Financial accounts
  5. Equality & Diversity
  6. Quality Assurance
  7. All relevant insurance policy certification (i.e. Employers Liability Insurance, Public Liability Insurance)
    a) Employers (compulsory) Liability Insurance = £10,000,000 any one occurrence/number of occurrences.
    b) Public Liability Insurance Cover = £5,000,000 any one occurrence/number of occurrences.
  8. Appropriate teaching and learning policies as required

Copies of the policies will be retained by the University for Audit and Inspection purposes and made available to ESFA and Ofsted as part of their inspection and Audit regime. The subcontractor should review policies on a regular basis and provide the University with revised copies as appropriate.

At least annually, the University of Gloucestershire will conduct a review of its due diligence checks on each subcontractor to ensure that the subcontracted provider continues to be able to deliver contracted services.

The University will also conduct further due diligence checks if there is any material change in the subcontracted provider that has the potential to impact on its ability to deliver subcontracted services. These include but are not limited to:

5. Contracting arrangements

Successful partners will be required to sign a legally binding contract eligible for the period from when the contract commences until the planned completion date of an apprenticeship. The requirements of this policy form part of that contractual agreement. It will be signed and witnessed by the subcontractor and the University. Terms and conditions will be agreed and included in the contract. The University, Ofsted and the ESFA are granted full permission and rights to monitor the quality of training being provided and visit the subcontractor at their premises, training sites or employer’s premises from which they operate.

All Subcontracting will reflect completely and accurately the following:

Roles and responsibilities of the management of the contract will be outlined in Appendix 3 – Contract Management Plan – Roles and Responsibilities for Apprenticeship Subcontracting.

6. Quality Assurance (QA) of delivery

The University is committed to delivering high quality teaching and learning for the Apprentice and Employer across its provision and will work with each subcontractor to review progress and manage the quality of sub-contracted provision.

All new subcontractors will be subject to an initial visit to confirm approval of appointment as a subcontractor.

The following processes will be used to monitor the quality of subcontracted provision and actively improve quality on an on-going basis:

The University will take a risk management approach to subcontractor management to ensure that appropriate levels of contact monitoring and Quality Assurance are maintained. This approach will be based on the number of apprentices placed with a subcontractor as follows:

University/Sub-contractor Contract review meeting Schedule:

Number of apprentices placed with subcontractorNumber of contract review meetings in academic year
Up to 101
10-202
20+3

In order to enable contract review meetings to be conducted effectively and efficiently, the subcontracted provider will be asked to provide the university the following information at least 3 weeks prior to the review meeting:

Contract review meetings will be conducted by a senior member of staff of the School or department that has sub-contracted the delivery, using the review-meeting template in APPENDIX 2 as an agenda and record of the meeting. These will be signed by representatives from both organisations and a copy provided to the subcontractor for their records.

Quality Assurance Check Schedule:

Number of apprentices placed with subcontractorNumber of QA in academic year
ScheduledUnannounced/Short Notice
Up to 1011
10-2012
20+13

In order to make more effective use of Quality Assurance visits, the subcontractor will be asked to provide the following information as a minimum prior to any visit:

Where a subcontractor permanently changes delivery staff on a programme, they should inform the University of this change immediately and send a copy of the new trainer’s CV to the University.

The QA Visit Report Template at APPENDIX 1 will be used as an agenda and record of the QA visit. The QA visit will be carried out by a senior member of staff of the School or department that has sub-contracted the delivery may cover all or a selection of the areas on the template. The focus of the visit will be based on an assessment of the information provided by the subcontractor prior to the visit taking place. A copy of the QA visit record will be signed by a representative from both organisations and a copy provided to the subcontractor for their records.

Where contract reviews or QA visits highlight areas of concern, an action plan will be drawn up by the subcontractor, and agreed by the University, to address the areas of concern. Additional meetings and QA visits will be scheduled as required by the University until the issues have been resolved. If the issues cannot be resolved within 8 weeks of the issue being identified The University reserves the right to withdraw apprentices from the subcontracted provider to ensure the completion of their apprenticeship is not affected.

All subcontractors must agree to this schedule of meetings and QA visits prior to being awarded contracts.

The University will also take into account feedback, both solicited and unsolicited, from apprentices in its quality assurance of a sub-contractor.

7. Fees and charges

The University will pay subcontractors for their delivery and/or assessment activities. The fees and payment terms will be defined in the contract, and will consider the cost to the University for the provision of:

The University will also be responsible for:

The University will provide support with:

The subcontractor will be responsible for meeting the costs associated with the registration of candidates with awarding bodies, examination and re-examination fees out of the funds agreed with the University.

8. Payment

Payment to subcontractors will be made within 30 days of the invoice been received, subject to all necessary paperwork and records having been submitted within the required time scale. A checklist of key dates and deadlines for the paperwork to be received for inclusion in the return to the Education Skills Funding Agency will be provided. Payment details are also included in the contract schedules issued to subcontractors at the start of the new contract year.

No funding will be retained for a management fee unless specifically specified as otherwise in the subcontracting contract.

9. Policy review and communication

The University will review this policy annually. Any changes to the policy will be communicated to existing subcontractors at the contract management meetings. The policy will be discussed with new subcontractors prior to their engagement. An up-to-date copy of this policy will be posted on the University’s website and paper copies will be made available upon request.

10. Declaration of Use of Sub-contractors

In line with ESFA funding rules, the University will submit a subcontractor use declaration to ESFA at least twice each year summarising the value of any sub-contracted provision paid for in the previous period. The University will also publish a summary of payments made to sub-contractors in the previous year on its web-site each year.

11. Duties within the University of Gloucestershire

DutiesResponsible Person(s)
Nominated members of staff with strategic lead responsibility for subcontractingDeputy Vice Chancellor  
Nominated members of staff with responsibility for procurement of subcontractorsDirector of Financial Performance and Management Director of Business Engagement  
Nominated member of staff with responsibility for performance management of subcontractorsDirector of Business Engagement Head of School for Subcontracted Programme  
Policy ApprovalUniversity Executive Committee

12. Contingency Planning

The subcontracted provider is required to notify the University of Gloucestershire immediately if there are and changes that may cause a risk to the contracted delivery. These include but are not limited to:

In these circumstances, the University will conduct an immediate contract review and reserves the right to seek alternative provision of services to ensure continuity for learners. The University may also conduct an immediate contract review and/or move leaners to another provider if it is made aware of potential issues from other sources of circumstances that may affect timely delivery of the contracted provision.

13. Policy sign-off and Oversight

This policy is owned and approved on behalf of the University of Gloucestershire’s Executive Committee by the Higher Apprenticeship Board. Oversight of application of the policy will be achieved by:

Appendix 1. – Sub-contractor QA Visit Report Template

 Please contact the Apprenticeship Team if you require a copy of this.

Appendix 2 – Sub-Contractor Performance Management Review Template

Please contact the Apprenticeship Team if you require a copy of this.

Appendix 3 – Contract Management Plan – Roles and Responsibilities for Apprenticeship Subcontracting

Contract Owner Responsibilities:

Performance Management Lead Responsibilities:

Quality Assurance Lead Responsibilities:

Administrative Support Responsibilities:

Executive Oversight:
Higher Degree Apprenticeships Board chaired by University’s Vice Chancellor

Responsibilities of Executive Oversight:

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