Government Commercial Agency

• Firm urges other SMEs to bid for work through Crown Commercial Service
• Dozens of jobs created and half of trebled turnover due to business won through frameworks
• The government is committed to levelling the playing field for SMEs

Bosses at a specialist courier company which tripled its turnover and created 60 new jobs after winning a government contract are encouraging other SMEs to think big too.

Topspeed Couriers say similar sized firms can grow their businesses by bidding for government work through the Crown Commercial Service.

Topspeed specialises in the safe transportation of goods requiring special handling across the UK.

In 2013, after winning a place on a CCS framework, Cheshire-based Topspeed was then appointed by the Food Standards Agency to handle the transport of its biological samples.

Stephen Clegg, CEO of Topspeed Couriers, said: “Since becoming a CCS framework supplier our company’s turnover jumped from £1.5 million to £4.5 million in just four years. At least 50% of this growth has come from contracts we have won through our place on the CCS frameworks.

“We’ve been able to create 60 new jobs and invest in new processes and these have meant we’ve been able to win similar public sector contracts. It’s raised our profile and reputation and we’re approached by commercial clients who consider us because we’re on the CCS frameworks.”

Stephen and his team now feature in a new video which urges other SMEs to take on the challenge and show government bodies what they can do.

Gemma Forrest, of the Food Standards Agency, said: “We’ve worked together with Topspeed to find the most efficient, cost effective way of delivering the services required, and that lets FSA staff focus on other areas rather than deal with courier service issues.”

The Minister for Implementation, Oliver Dowden, said: “We are determined to help smaller companies grow by working more closely with the Government and success stories like Topspeed are a wonderful example of the benefits that can be achieved.

“Small businesses are the backbone of the UK’s economy, which is why we are committed to levelling the playing field so they can win their fare share of government contracts.”

Angela Critchley, Commercial Agreement Manager at CCS, explained: “We vet all suppliers carefully which saves buyers like FSA time and resource, and we also guide them on how to structure their tender requirements clearly so companies, like Topspeed, grasp what they need.”

She added: “The government is committed to leveling the playing field for SMEs. We work hard to make sure all CCS procurement frameworks are as accessible as they can be so it’s a straightforward process for anyone to apply.”

The aim is to protect all EU citizens from privacy and data breaches by putting stricter obligations on those who process personal data.

The new regulations apply to all organisations operating in the EU that control and process personal data, both public and private, as well as those operating outside the EU that offer services to individuals in the EU.

What is GDPR?

The GDPR applies to data processing, which includes collecting, keeping, using, passing on and deleting personal data. It requires that individuals be given more information about how their personal data will be used through ‘enhanced privacy notices’, and gives individuals stronger rights to have their personal data updated, deleted or shared with them if they request it. Importantly, the systems used by organisations must be able to honour these rights, and organisations will need to keep a record of all personal data processing activities, and ensure that their contracts with suppliers contain specific clauses governing data processing by third parties.

What action should I take on contracts to ensure they are compliant?

GDPR will apply to new contracts let on or after 25 May and also to existing contracts put in place before May 2018 that continue after 25 May, that involve data processing.

The new regulations state that any processing of personal data by a ‘processor’ (e.g. a supplier which processes personal data on behalf of a customer) must be governed by a contract. This contract must include certain terms as specified in the regulation itself.

We have recently published a Procurement Policy Note (PPN) to inform you of your responsibilities – read the advice in the PPN here.

The PPN contains guidance on how to bring your existing and new contracts into line with these new requirements and provides a standard generic clause that can be inserted into contracts.

The main actions to take include:

• Writing to your suppliers to notify them of the changes you intend to make to relevant contracts to make them compliant with the new data protection regulations
• Conducting due diligence on existing contracts to ensure suppliers can implement the appropriate technical and organisational measures to comply with GDPR
• Updating your contract specification and service delivery schedules to set out clearly the roles and responsibilities of the controller and the processor and any sub-processors
• Updating relevant contract terms and conditions, using the standard generic clauses provided in Annex A of PPN 03/17.

What about CCS commercial agreements – will they be updated too?

We are working hard to ensure all relevant existing and new commercial agreements are updated in line with the new regulations, that suppliers are well informed of our plans, and that customers will be able to access GDPR compliant deals as soon as possible.

The role of the Information Commissioner’s Office (ICO)

There is a risk the ICO will issue fines to organisations found not to be compliant with GDPR. Commercial teams should work closely with their data protection leads in their organisations to ensure a seamless transition to GDPR compliant data processing.

Got a question? Please get in touch.