Outcomes-based Contracting Module 5 1.mp4
00:00:00
So welcome to module five of our workshop on outcome-based contracting and this module is about building the funding arrangement. So we're going to be looking at three different parts of that. So the payment structure, the contracting arrangements and risk sharing. So let's start with the payment structure. So first and foremost,
00:00:21
let's think about the considerations for your payment structure. So the boundaries that you're going to have to work within.
00:00:27
So 4 elements we think are important. So first of all, what's the available funding pool? What's the maximum government funding available for this program and are there other sources of funding you might be able to leverage like
00:00:42
philanthropy? The other thing
00:00:44
to look at is whether there's any specific requirements
00:00:47
that are in place around that funding pool. So for example, has the Government indicated that there's a maximum pool of funding available that they would be prepared to pay in advance or a maximum proportion of funding that they'd be prepared to pay in a fixed sense? So, you know, wanting to see a minimum amount
00:01:06
at risk.
00:01:07
The second element you need to think about is your program delivery cost. So how much do you think it's going to cost to deliver your program and actually what's the timing? When are those costs going to occur? So you wanna make sure your payments are linked broadly to when the costs of your program are going to occur or have some way to have external resources or
00:01:27
other resources within your organisations to back you up if that timing doesn't quite work out.
00:01:34
So the outcome metrics are really critical to thinking about the payment structure. So how long after enrolment will you actually be able to measure the outcomes? What's the flow of participants through your program over time? What's that preferred outcome metric? So the outcome metrics
00:01:54
are really critical
00:01:56
in defining your payment structure and also the timing of your payment.
00:02:01
Last but not least, we've talked about risk quite a lot. So it's really important when you're designing the payment structure to think about what's the biggest loss you could actually as an organisation tolerate and if that loss isn't so much, is there some other way someone else you could get to help to support you, philanthropists, investors and so on
00:02:21
to provide some Co funding to share that risk of loss.
00:02:27
So there are really three different payment types that typically happen in an outcome-based contract payment structure.
00:02:36
So the first of
00:02:37
those is the fixed component and that might be called a standing charge or the advance payment, often times like a grant, I suppose. It's paid quarterly in advance and sometimes that's payable on term, repayable on termination.
00:02:53
Typically this represents a fixed amount of your estimated budget budgeted program expenses.
00:02:59
The proportion varies a little. We've seen in social impact bonds that it might be as much as or as low as 50% of your costs are paid. That's a fixed amount.
00:03:11
The rest is at risk, but in other contracts, so in payment by outcome contracts which don't involve investors, for example, or might be smaller scale, it might be something closer to 70% so it just varies.
00:03:26
The second element is at risk or variable amounts, so these are amounts that are based on your measured outputs and outcomes.
00:03:35
So outputs linked payments might be linked to something like the number of enrolments or the number of participants, or the number of job placements. So this is more likely
00:03:47
to be paid
00:03:48
for all output, so rather than the extra impact that we talked about before.
00:03:53
Actually, it's typically paid
00:03:54
for all outputs.
00:03:57
And usually an output based payment is there as a way to mitigate what we call volume risk and provide some interim cash flow throughout the program while you're waiting for those outcomes to be observed and measured and paid on.
00:04:15
So the last piece of the at risk component is the outcomes-based payment which we've talked a lot about and that's where you really focus on the measured achievement of your outcome metrics.
00:04:28
And again, these payments are usually made
00:04:32
on a relative
00:04:32
basis, i.e. what's the extra impact of your project?
00:04:38
And how could at risk payments be structured? There's three typical options, and probably for this particular program it might be more likely to see the first of those two options. So a proportion of program costs,
00:04:54
So this is something we often see – so payments are expressed as a percentage of the target payments or the program costs, and that the percentage figure that you get, it might be 10% of that target or 20% of that
00:05:10
target or what have
00:05:11
you determined by the level of performance.
00:05:16
We've already talked a little bit about how performance is measured. Oftentimes, if you've got measurements year by year, so you've got, you know, say three years enrolment groups, you might measure the outcomes for each of those enrolment groups separately.
00:05:36
But oftentimes for
00:05:38
payment purposes, you actually look at the cumulative results for that group and again that goes back to the initial discussion we had in one of the earlier modules where we talked about how when you've got a larger measurement group, you can be more confident in the outcomes that you're seeing. So paying an accumulative way is a way
00:05:58
to give you more
00:05:58
confidence that the outcome that's being, seen is more is a true reflection of the outcomes of the program.
00:06:08
So the second approach is the payment by outcome approach. So for every person, for example, who achieves a good outcome, you get a payment of a certain amount, such as $5000 per job placement.
00:06:22
What that means is that the program is dependent both on the number of people to participate as well as your rate of success. So if you've got a target to achieve, for example 50 job placements, you can achieve that either by
00:06:40
getting more people in your program or by your program
00:06:44
being more successful.
00:06:46
So that's a good and bad thing, but it's important to understand that a rate card or payment by outcome approach means that you're on risk for both the number of participants or the number of referrals, as well as the rate of outcome success.
00:07:06
The last example is something we don't see so often, but it's we thought it was worth highlighting that payments can be expressed as a proportion of the value generated. So remember, Government is often interested in outcome-based contracts because they see it as a way to save money down the track. So for example,
00:07:25
it might be that the service provider gets 100% of the value of the 1st $10 million value generated for.
00:07:32
Government. And then there's a sharing between Government and the service provider about the value that's generated beyond that. This is something that has been of interest, for example, in healthcare costs where you can often see quite directly the savings in in hospital costs for example,
00:07:54
by keeping people out of hospitals.
00:07:59
Also it is important to think about what the payment levels might be depending on different levels of performance of your program, so it's not important you don't need to just need
00:08:10
to think about
00:08:10
what happens if you reach your target, but also about what happens if you achieve something below
00:08:18
or above that target.
00:08:20
There's three examples that we provide here. So one is a binary approach
00:08:25
Which i.e. either you achieve the 10% target in this example or you don't achieve that target and the entire payment amount is based around whether or not you achieve that 10% improvement target. And as you can see that is really quite a challenging way to set things up because if you get very close but just under if you get 9.5%
00:08:48
performance improvement when you are hoping to get 10%, will you get no outcome-based payment and that's gonna be a really difficult place to be. So we wouldn't typically encourage a binary approach.
00:09:00
But you could consider the next step down, which is bands, so you might actually have different performance bands. So for example, if you get a 0 to 5% improvement, you might not get a payment, but if you get 5 to 10% you get the next band and so on. So this is something we see more often, but it's really important to think about
00:09:20
what happens? How big the jumps is between those bands? So again in this example you know if you get 9.5% improvement versus 10.5% improvement, there's a very different amount of outcome payment that gets paid.
00:09:37
The last option we provide there is a linear option so you get a dollar amount based on a percentage of the target. So let's say you hope to achieve 10%, then you get you know your relative proportion compared to that 10%. So it's a linear
00:09:56
amount up to some maximum level and that helps to manage that sort of risk or challenge of just being just above or just below any of those performance bands.
00:10:07
So let's turn to our two illustration examples. So firstly, the Side by Side social impact bond, you'll see that there's a standing charge payment. So a regular payment, a payment made up front, it's paid on a quarterly basis based on the cost of the program. So that's the fixed payment, fixed component of the payment for this
00:10:27
program. Then there's two outcome payments and
00:10:30
they're paid at
00:10:31
slightly different times, so the attendance outcome payment, that's an annual payment which is made once we start once we get to the
00:10:41
end of a school
00:10:42
year and the attendance outcomes for that cohort can be measured
00:10:47
so it's also paid on a cumulative basis.
00:10:53
As the measurement group continues the actual improvement, the cumulative improvement is re estimated by adding each new group into the total and the amount of payment is based on a percentage of the target amount based on the overall average percentage improvement
00:11:12
in attendance that's been recorded for that group. So it's a linear amount, so there's not so much risk of jumping between performance bands.
00:11:23
There's an attainment outcome, so that's linked to improvements in educational attainment for people in this group. There's a smaller relative amount that goes to this particular type of outcome payment because there was it was a new tool that was being used for this program, so less confidence in the use of that
00:11:43
tool to set outcome performance payments.
00:11:47
It's paid at the end of the contract and it's got that tiered approach to payment. So there's four different tiers based on the cumulative improvement in educational outcomes.
00:11:58
So the Play2Learn+ program is a little more complex I suppose. So it does have that fixed payment, quarterly payment that is the fixed component or the standing charge. In addition, it's got three different types of output or outcome payments. So there's an enrolment payment which
00:12:15
is, I guess, a rate card a dollar amount
00:12:18
per person that's enrolled and that's paid when those enrolments happen
00:12:22
And then there are two different types of outcome payments, so
00:12:26
the first is
00:12:27
the Launching into Learning outcome payment and that's payable based on the percentage of children who achieve 10 or more or participate in 10 or more Launching into Learning
00:12:43
sessions and similarly the KDC outcome payment is based on the percentage of children achieving or 17 or more KDC1 markers.
00:12:56
And both of those are payments actually are tiered payments. So there's several different tiers, just depending on the proportion of children who achieve each of those outcomes. So there's some quite steep jumps in between those things. So it makes it really important to be sharp and clear
00:13:15
around how well those outcomes are achieved.
00:13:25
So I hope
00:13:25
it's been clear
00:13:27
that when you set performance targets, it's really important to be confident that it's possible to achieve those targets and their data that you're using or the evidence that you're using to help you set what targets, what performance you can possibly achieve
00:13:44
is really appropriate, so we'd encourage you to refer to the available evidence or similar programs or your own data, and think hard about whether that evidence is actually relevant to the current context.
00:13:56
Be aware of
00:13:57
the limitations of your own data. One particular tricky thing we see is that oftentimes when people look at their own data, they only look at the outcomes for people that stayed in their program from start to finish and actually forget that perhaps 10-20% of people dropped out of the program and actually oftentimes in an outcome
00:14:16
based contracts, outcomes for those people are measured too, so your impact might be less than you than you realise if you apply it to this outcome-based contracting world.
00:14:26
And balance that desire to sell the program, i.e. set higher performance target and being realistic so you don't set the program up for failure.
00:14:36
And lastly, it's really important to deeply understand what the implications are for your organisation if you miss your targets. So look at the spectrum of possible or results, not just whether you reach the target, but whether you underperform or over perform and think hard about what assumptions you've made along the way.
00:14:57
So building the funding arrangement, we've talked about payment structures and now we're going to talk about contracting arrangements.
00:15:06
So, in terms of contracting structures, oftentimes a service provider will contract directly with Government and the contract may look very similar to a grant agreement with a range of additional terms that help to define outcomes. And of course, all that extra detail that we've already talked about in terms of defining who's eligible, how performance will be measured and so on.
00:15:28
There may also be a range of subcontracts between the lead service provider and other partner organisations, and there may be contracts around that help to access special data either from other Government departments or from other service providers who have important data for your program.
00:15:46
In contrast, a contracting with the SIB may actually be somewhat more complex, and we've got an example straight up after this. The reason they can be more complex
00:15:55
is that there may
00:15:56
be special contracts with investors that set out their terms and then maybe you need to set up a special purpose vehicle to aggregate money from investors and also from government and ensure it's paid out to the all the relevant parties at the right time and place.
00:16:14
And so as you can see, the contracting structure for the Side by Side social impact bond is somewhat more complicated than you know typical grant agreement
00:16:25
because of all the different parties involved and we would typically encourage that if you're going to get involved in a social impact bond or bring investors into your outcome-based contracting in any way, then we'd probably encourage you to consider engaging with an intermediately like Social Ventures Australia.
00:16:45
For others to act as an intermediary and help negotiate the right arrangements, this contracting structure, as you can see, Berry St is the lead partner with an outcomes-based contract and implementation agreement with the Victorian State government.
00:17:02
But they've also got a subcontract with VACCA for delivering their services, a loan agreement with the special purpose entity that was established so that Side by Side trust, and then investors have a contract in terms of the way they will contribute funding to that and be paid investment returns if outcomes are achieved.
00:17:23
So there's a little bit more complex structure involved in social impacts bonds.
00:17:32
The last piece of the puzzle
00:17:33
on building the funding arrangement is risk sharing.
00:17:41
We've highlighted throughout the presentation that there are a range of different risks involved with outcomes-based contracts and we just wanted to run through some of the ones that are quite specific to outcomes-based contracts over and above what might be a risk for you typical program.
00:17:57
So first of all, thinking about that program logic or your
00:18:01
theory of change,
00:18:03
there's a risk that the program, even if delivered as designed, doesn't deliver the planned outcomes, because actually the program logic is flawed. It's really important to understand deeply your program logic and the assumptions you've made along the way
00:18:18
and to see if there's any of those assumptions, you can test along the way, because as you recall, it's not your inputs that you're getting paid on, but you're actually your outcomes. And so being confident that your program logic can deliver that is really critical.
00:18:32
Implementation risk is important, so even if your program logic is important is perfect, you've got to make sure you've got the service delivery capability to deliver the program as intended. So think about your staffing, process, control, quality control, all those sorts of things to make sure you can deliver the program as planned.
00:18:53
Volume risk is also important. So we see this often that the measurement group size ends up being lower than anticipated because you have lower number of referrals and it's really important in your payment model to think about who bears that best. So if Government is responsible for making sure referrals
00:19:13
come to you, then you know, perhaps it is appropriate for government
00:19:17
to bear the risk
00:19:19
that the volume is less than planned, but if you're responsible for finding potential participants through your own network, you might be responsible, you might bear the risk of volume being lower than planned.
00:19:36
Disengagement is important, so remember that if someone drops out of your program and they're included in the measurement group, well, you might actually end up having poor outcomes, even though there's a lot of people that
00:19:49
you weren't able to support.
00:19:51
Data reliability. So how confident are you in the data that is being used to measure outcomes? Is it complete? Is it accurate? Did you pick the right baseline? Are you comparing yourself to a fair benchmark and is that benchmark staying the same over time or is something changing in the external environment? And again, the policy is also really important to understand if there's something happening in the policy environment.
00:20:16
And lastly, there's statistical error, so making sure that your measurement group is of a sufficient size, that the outcomes that you measure are give you a real true sense of what the impact of the program is. So statistical area is important, particularly if you've got a smaller cohort group.
00:20:39
So what should
00:20:39
you do about that risk, so you know what that whole risk that you may not be able to achieve the outcomes you planned and that you may end up with lower outcome payments than you hoped for?
00:20:52
There's a couple of different ways that you might be able to seek funding to support you with that. So first you can consider using your own reserves, but it's really important to think about how much financial risk your organisation really can bear, and making sure your organisation and your board is comfortable with that.
00:21:11
You might be able to use philanthropy to fund it, looking at grants, or perhaps whether a philanthropist is willing to make an insurance, I guess, contribution so contributing extra to you if our performance doesn't go as planned and if you achieve losses, of course that's
00:21:30
a little bit of a difficult conversation with the philanthropist to ask them to pay
00:21:35
if your if your achievements are not up
00:21:38
to scratch.
00:21:39
It’s actually kind of a difficult conversation, so it might be easier to negotiate a grant up front. There's a possibility of an impact loan, which starts to bring investors into the mix. So looking for sub commercial rate loans, so philanthropic investors
00:21:56
who are willing to loan make a loan to you at a rate lower than a typical market
00:22:00
return and even loans that are performance based. And then lastly, obviously you can think if that risk that financial risk linked to the outcomes is too high, you might want to think about going for a social impact bond type structure. So, raising capital from private investors and asking them to
00:22:22
bear most of the financial risk of outcomes and performance don't turn out as planned. Of course, if they are bearing the downside risks, they'll also take the upside risk so that if outcomes are better than planned, they'll be hoping to take get an extra investment return for that.
00:22:40
So looking at
00:22:41
how the Side-by-Side social impact bond and the Play2Learn+ program have managed this. For the Side by Side, I think it's really important to note that there's quite a bit of risk sharing from the this Victorian Government themselves through the amount of fixed payment they pay and also through the retention of that volume or enrolment risk.
00:22:59
Because it's a social impact bond, investors share in the risk as well through a $5,000,000 social impact bond contribution and their investment returns being
00:23:10
linked to the performance of the program. Interestingly enough, in this one both Berry St and VACCA have all also acted as investors in the program, so they will bear some of that, you know, financial investment return, either upside or downside depending on the performance of the program.
00:23:31
And then Berry Street got some additional residual risk in terms of the outcome payments. So if they bear some of the risk, if outcome payments are lower than planned.
00:23:43
For the Play2Learn+ contract, there's there are some material volume and performance risk borne by both the Department of Social Services and the Paul Ramsey Foundation, who's contributed to this program and then some volume risk is also borne by 54
00:24:02
Reasons because they had that engagement payment.
00:24:05
So it's important to note that in this case, because 54 Reasons was is responsible largely responsible for enrolling people and referring and finding people to participate in the program. They bear some of the risk that the volume of participants is
00:24:25
more or less than planned. And of course that the performance risk in terms of outcomes being better or worse, no investors involved in that one. So literally just borne by the different parties there.
00:24:38
And for each of these programs there's some checks and balances, I suppose. So if performance seems to be moving in an unexpected way compared to the baseline, and if there's a sense that perhaps the baseline is moving too, there's an opportunity to do a counterfactual review or a baseline review to see and ensure that the baseline is still
00:24:59
fair.
00:25:02
So that's the end of module 5. So our final module, module 6 will just look at bringing it
00:25:08
all together.