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Procurement Guide
January 2007
Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
This Guide is designed to help you get the best out of procurement. It should be read by
anyone who spends money on buying goods and services for the Council including its
establishments or projects which use funding from external sources (such as European grant
funding).
The Guide is designed to cover the procurement of all goods and services, and the
Procurement Flowchart and Process Map on pages 7 and 8 set out the broad procedural
requirements in that context. The sections of the Guide relating to Obtaining Authority (page
10), drafting a Specification (page 12) and using in-house services (page 14) are also
relevant to all procurement exercises.
The Guide is based on the provisions of the Councils Standing Orders in relation to
Contracts, which are part of the City Councils Constitution. All Officers need to comply with
these Orders and this Guide has been designed to help you do that.
The Guide acts as a quick and easy reference document and is split into three sections;
Introduction to Procurement briefly sets out the principles, which underpin the procurement
policies of the Council, and identifies the key stages of the procurement process.
Useful Tools provides practical guidance about the key elements of the procurement
process.
This guidance covers the purchase of general goods and services. If you have a specialist
requirement e.g. the purchase of care, or there is an In-House Service Provider, then you will
need to refer to the specialist units located within individual Directorates (see Useful
Contacts).
Lorraine Purcell
Head of Procurement, Partnering and Programme Management
Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
CONTENTS
What is Procurement? p1
Procurement Policy Principles p2
What You Must Do For Every Procurement p3
The Four Key Stages p5
Legal
Financial
Personnel
Cabinet Members with Portfolio
APPENDICES
Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
Section 1
INTRODUCTION
Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
What is Procurement?
An organisation as large and diverse as the Council buys an enormous range of goods
and services. If you are responsible for spending money to buy goods or services for the
Council, you must always bear in mind the Procurement Principles set out in this Guide.
They underpin the way the Council conducts its business.
If youre ever in doubt, ask! Please refer to the Useful Contacts in this Guide.
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
officers involved in procurement for the Council will at all times show the
highest possible standards of legal and ethical behaviour; and
These principles are outlined in greater detail in this Guide, starting with what you need to
do to demonstrate your compliance with these principles. There is also a section on
ordering and purchasing in the Councils Financial Framework which is also part of the
Councils Constitution, and detailed procedures are set out within the Councils Standing
Orders, Part C, Contracts which can be found on the Councils Intranet, under
http://sheffield.net/managers/procurement-projects/contracting-rules--procedures
or the Councils website under Councils Constitution. The full web address is shown in
the Useful Contacts section on page 25. Financial processes must be followed in all
cases in accordance with the Financial Framework and also by reference to a
Directorates own Financial Procedures.
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
It is your responsibility to ensure that you follow the Councils procurement procedures. It
is also the responsibility of managers to ensure that the people who do follow the
Councils procedures have the appropriate training etc. Each individual procurement is
different and will vary accordingly, but each procurement exercise must be underpinned
by;
It is likely that you are carrying out procurement as part of a larger project, with the
procurement needed to buy goods or services being essential to the delivery of the
overall project objectives. In which case the procurement needs to be carried out in the
context of Sheffield City Councils approach to project management. You can find out
further information on this approach at http://sheffield.net/managers/managing-projects
or by contacting the Corporate Programme Office on 273 6841 or emailing to
ProgrammeOffice@sheffield.gov.uk In a well-managed project, you should find that
much of the scoping work needed at the start of any procurement has already been
carried out.
Appropriate Authority
You must ensure that you have appropriate authority in place at the outset of the
procurement process. Ask for advice if you are unsure. Appropriate authority could be a
Cabinet Minute, a Band A or Band B Record of Exercise of Delegated Powers - see page
10 for further information. It is important that you keep within the terms of any authority
given to you.
Turn to the Procurement Flowchart on page 7 for a step-by-step guide of what you need
to do. This is supported by the Process Map on page 8, which identifies the principal
stages within the procurement process.
A Desire to Obtain Best Value for Money and to Accept the Most Economically
Advantageous Offer
The purpose of the procurement process is to achieve value for money. This is the
optimum combination of both whole life costs and quality (or fitness for purpose) to meet
your requirements. To achieve this you will need to identify the most economically
advantageous offer and to do this you will need to consider a range of issues such as
quality, performance, delivery, continuity of supply and whole life costs.
Whole life costs are not just about the short-term price. Whole-life costs also take into
account all aspects of cost over time including for example capital, maintenance,
management, operating and disposal costs whenever they fall within the life of the
contract.
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
By taking into consideration a range of factors like these when evaluating the quotations
or bids you should be able to identify the most economically advantageous offer. In
addition, utilising to the full the services of an in-house provider or existing contracts or
partnering arrangements can also help you achieve overall value for money (please see
page 14).
It is important that every stage of the procurement process is documented. There needs
to be written evidence available on why something was done including a record of the
appropriate authority to proceed, how it was done and who was involved. Its important
to note that these audit requirements apply to all areas of expenditure across the Council
wherever it occurs.
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
There are four key stages to the procurement process, and these are:
Getting started;
Tendering;
Evaluation; and
Award.
1 Getting Started
2 Tendering
3 Evaluation
4 Award
If you need to put a contract in place rather than just issuing a purchase order
then during this stage you will need to:
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
Finalise the content of the appropriate City Council form of contract, i.e. who
will do what, when, where, and to what standards including the form of
payment.
The type of order that is placed or contract that is awarded will depend on the
form of procurement and the extent of goods and/or services to be provided.
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
Section 2
USEFUL TOOLS
Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
PROCUREMENT FLOWCHART
NEED IDENTIFIED (as part of a project incl. consideration of Equalities /
Environmental issues)
NO
YES
IS THERE A CORPORATE CONTRACT?
NO YES
USE CORPORATE CONTRACT
DOES THE IN-HOUSE CHECK THAT WRITTEN REFER TO PROCUREMENT,
PROVISION,/ STRATEGIC DELEGATED AUTHORITY HAS PARTNERING & PROGRAMME
PARTNER/OTHER BEEN GIVEN MANAGEMENT
REFER TO EXECUTIVE (see Useful Contacts)
ARRANGEMENT DIRECTOR FOR AUTHORITY
MEET YOUR NEEDS
AUTHORITY OBTAINED
NO USE THE IN-HOUSE CONSULT THE MAY REQUIRE CABINET
SERVICE/STRATEGIC APPROPRIATE YES NO
APPROVAL
PARTNER/OTHER EXECUTIVE IS YOUR ANTICIPATED CONTRACT VALUE
CONTRACTUAL DIRECTOR LESS THAN 25,000?
ARRANGEMENT
YES
ARE YOU APPOINTING CONSULTANTS
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
YES
YES
NO
BAND A DELEGATION REQUIRED - REFER TO PROCUREMENT, PARTNERING & PROGRAMME MANAGEMENT FOR ADVICE ON THE PROCUREMENT AND SEE PROCUREMENT PROCESS
MAP
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
Identify and seek approval of the procurement strategy, define the specification and
consider Equalities and Environmental issues
Receive PQQs
Evaluate PQQs
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
Seek approval to award contract via Report to Cabinet/ Band A/ Delegated Powers
Award Contract
Please note that there may be particular timescales applicable for this process and
this should be taken into account at the beginning of the process. Please also refer
to Procurement, Partnering and Programme Management for detailed advice and
guidance on particular stages.
The process may be varied, under E.U. Regulations, either by the application of a
single stage procedure whereby the market brief is combined into the ITT or the
appropriate use of the Competitive Dialogue procedure (C.2.5.1 to C.2.6 Standing
Orders). In either case contact Procurement, Partnering and Programme Management
for further advice.
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
The procurement flowchart on page 7 will help you to establish whether you need to prepare a
report to obtain delegated authority from an Executive Director (Band B authorisation) or
prepare a Band A report which has to be signed and approved by a number of senior officers
and a Cabinet member. Alternatively you may need to write a Cabinet report to authorise the
actions. This section sets out the general rules for obtaining:
In all of these circumstances the same range of issues should be taken into account, forming
the detail of the report that needs to be provided to seek the approval. This detail is referred to
in the Councils Standing Orders as the Procurement Strategy (section C.1.6), and its purpose is
to test that the right approach is being adopted at the earliest stages of procurement. The
Procurement Checklist attached at Appendix 1, should serve as a good checklist for the items to
include in any report seeking approval.
Delegated Authority
For contracts up to a value of 25,000 or where the contract is for commonly recurring items,
then an Executive Director can authorise the contract by using a Record of Exercise of
Delegated Powers. There is no standard corporate form for such approvals. Good practice is
to prepare a report similar to a Band A report which can be signed by the Executive Director or
Directors .A detailed memo signed by both the writer and counter signed by the Executive
Director is also adequate. The authority to take such decisions is set out in the Councils
Constitution at page 282 under General Delegation of Powers to Executive Directors/Heads
Service. (A copy can be found in Appendix 2). In order to promote best practice, it is
recommended that you should use a report form such as that provided in Appendix 3 to make
clear that proper consideration has been given to the decision to go down a particular
procurement route. Ideally this should also include details of the procurement strategy
proposed.
For higher value, more complex arrangements a standard corporate form is to be used for
Band A authority, which is available from Procurement, Partnering and Programme
Management/Legal and Governance and is included here in Appendix 4.
If you propose to let a contract under a delegated authority but after evaluation you want to
select a company that is not making the most economically advantageous offer, then you will
need to complete a Band A Delegated Powers Form (supported by a report) prior to award of
the contract making particular reference to Standing Order C.2.8.
A Band A delegation may be used for all contracts, irrespective of value, but it must be used for
all contracts with a value over 25,000 (unless the matter is the subject of a Report to Cabinet
or for commonly recurring items).
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
There are 10 sections to the Band A Delegated Powers Form. All the relevant implications must
be signed off prior to final approval by Executive Director/ Head of Service. Copies of the
standard Band A Form are available from Committee Secretariat (see Useful Contacts on page
24) and an example is copied here at Appendix 4. The report should generally be open to the
public. If it is considered that the report contains exempt information, this should be clearly
indicated at paragraph 5 of the report and the relevant paragraph of Schedule 12A of the Access
to Information Act should be referred to.
The officers who sign the Band A Form will need to know the full circumstances surrounding the
proposed letting or award of the contract and you must bring all relevant matters to their
attention including a copy of the procurement strategy (template included at Appendix 1). If
there is insufficient space on the Band A Form to set out the level of detail needed then attach a
brief report. Once signed, the completed form and any supporting report should be copied to
Committee Secretariat for general publication. Remember that the report and decision will be
publicly available on the Councils website and are subject to detailed scrutiny. It is important to
be careful about releasing personal details or confidential information. Please contact Legal and
Governance for further advice in these circumstances.
Please note that both Band A forms and records of Delegated Authority must be signed off at 2
key stages i.e. defining and proceeding with the procurement strategy and the award of the
contract itself.
The format to use for a report to Cabinet is available from Committee Secretariat (see Useful
Contacts).
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
Always seek advice if youre unclear.
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
The purpose of this Section is to set out the basic principles you should bear in mind when
drafting a specification.
Drafting a specification to meet your particular requirements is the most critical factor for a
successful procurement. You need to draft a clear and complete specification at the start of the
process. A specification defines what you require in terms of performance i.e. what you want
done. It should not specify how it should be done.
The specification forms a key part of the documentation that you send to prospective
suppliers / tenderers, asking them to put in a bid or a quotation to meet your requirements.
Incomplete or unclear specifications will inevitably lead to an unsatisfactory outcome. You may
get a poor response to your request, or worse still, unsatisfactory performance from the
supplier you select to deliver your requirements. Put the effort in now, and you wont waste
future resources clarifying with potential suppliers what you actually want or varying the
specification.
Each specification will have a different content, which will depend on:
Performance;
Quality;
Quantity; and
Timescales.
Any specification should also cover consideration of the requirements impact on equalities
and on the environment, particularly in relation to current Council policy. Always keep an open
mind as to how the requirements will be met by potential suppliers as new or innovative
solutions could lead to better value for money. If you want detailed advice on what a particular
specification should include, contact the Procurement, Partnering and Programme
Management who will be pleased to help. We do have some model specifications already
prepared which may be capable of adaptation for your Service area.
DO concentrate on required outputs, not inputs. Tell people what you want, but not
how to achieve it
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
DO clearly state any time limits on the production of outputs and/or key deadlines
that need to be met
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
This sets out guidance on the Councils processes for using the range of services delivered
by In-House Providers. There are a variety of In-House Providers across the Council and
generally speaking they can be defined as services provided by one part of the Council to
other Directorates within the Council. Please refer to the section headed Useful Contacts on
page 24 to check if there are existing contracts within an area.
They include for example the services delivered by Street Force which include new works to
highways and environmental improvements ranging from road humps to major reconstruction
schemes in the City centre, the manufacture of signs, ready mixed concrete and general
infrastructure maintenance for trees, verges, drainage systems, footways, roads, car parks,
street lighting, litter, graffiti, weed control and horticulture.
Kier Sheffield LLP is our In-House partner that delivers comprehensive repairs,
maintenance and construction services. These range from all types of minor repairs, such as
tap washers, through to programmed works such as re-roofing and painting, and could
extend to building a new school.
Finally there are also In-House Providers within Catering, Cleaning, Transport and Markets
who cover such areas as CCTV, security and alarm monitoring, the provision of some
catering and cleaning services, vehicle maintenance, supply of vehicles with or without
drivers and other specialist transport services.
The Council promotes the achievement of best value and also advocates a mixed economy
where it is right to do so, attempting to keep the right balance between In-House/ Strategic
Partners/Other Contractual Arrangements and external provision. Officers are charged with
ensuring that they get the best value and most efficient use they can from the resources they
manage. Whilst consideration needs to be given to individual requirements, encouraging the
wide use of In-House Services/Strategic Partners/Other Contractual Arrangements is also of
importance when the Council is seeking to get best value across all of its areas of
expenditure.
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
If a tendering process is required e.g. because a funding agency requires one to be held,
then the In-House Provider should be allowed to submit a bid for the work. This applies not
only to single contracts or projects but also to whole programmes of work. It also applies to
all expenditure across the Council.
The Process
There are some services where the Council has already made a contractual commitment to
award work to a particular contractor. Where these contractual arrangements exist, you must
use that contractor (e.g. Liberata, Kier etc.)
However, once the team have submitted a quote then you will need to test the proposal
against your specification and the pre-tender estimate to test for good value. Remember that
we are looking for the best deal overall and not only considering the short-term price (see
page 3).
If you are happy with the offer from the In-House Provider or Strategic Partner or Contractor,
then you can agree the detail for delivery. If however there is evidence to demonstrate that
the deal does not offer best value or does not represent the most economically
advantageous offer, then you may have to look to an external provider to meet your
requirements. If you propose to use external service providers for a service which is
provided in-house then you must get the agreement of the Executive Director to do so and
the decision making process must be clear and robust with an identifiable audit trail. If you
cannot get such agreement then refer the matter to the Head of Procurement, Partnering and
Programme Management.
In some instances term contracts have been let for work on a schedule of rates basis. In
these cases departments are tied into these arrangements and whilst you may get a budget
estimate against the schedule of rates, any further comparison is not needed, as this would
have taken place during the tender exercise to agree the original contract.
There are some schemes of work, which have to go to an external provider as they are beyond
the remit or capacity of the In-House Service. In these cases you will need to ensure that the
details of the proposed procurement strategy are set out in the report to Cabinet report and in the
record of Delegated Authority.
Approved List
If you do decide that the best value route is to go for quotes or bids, then if the work is a
building or Civil Engineering project, and is over 25,000 in value, then the external providers
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
invited to put in for the job(s) must be selected from the Councils Approved List (see Useful
Contacts page 24). Procurement, Partnering and Programme Management maintain the
Approved List of Construction Contractors, which is divided into panels of contractors suitable
for different types of work of differing contract values.
Local Suppliers
Whilst you cannot select a supplier using only location as the evaluation criteria, if all other
aspects of the offer are equal, then promoting local economic prosperity by awarding the work
to a local supplier may be considered. The consideration of opportunities for tendering by
social enterprises may also be applicable here. If the offer however is not the most
economically advantageous then use of a supplier merely because they are local is not
acceptable.
If the In-House Provider intends to sub-contract the work awarded to them then there will
need to be a policy of open book accounting on both sides. The costs therefore of sub-
contracting the work i.e. the rates charged by the sub-contracting should be made available to
the Client.
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
Tendering
Tendering is the term used to describe going to the marketplace and asking suppliers to
make you an offer to meet your requirements. Such an offer could be in the form of a
quotation or if you have detailed requirements it could be a bid. Tendering is costly both for
potential suppliers and the Council. You need to strike the right balance between ensuring
not only that there is adequate competition (to demonstrate value for money) but also
avoiding unnecessary expense.
You should first check whether the goods or services you want are available in-house or
through a Strategic Partner or other existing contractual arrangement (see Section on In-
House Providers and Useful Contacts for guidance.) In the event of a dispute arising over
the use of any of these services you will need to refer the matter to the Head of
Procurement, Partnering and Programme Management.
If there is no In-House Service Provider, or Strategic Partner, then you need to check
whether the Council has already let a corporate contract for the goods or services you
require that you could tap into. Contact the Purchasing Team in Procurement, Partnering
and Programme Management for information on current corporate contracts. (see Useful
contacts).
Standing Orders require that you obtain at least three competitive quotations in writing if the
contracts value is over 1000. If what you are buying is simple, easy to describe in the
specification and off-the-shelf, then a quotation in writing is likely to be the appropriate way
to obtain the goods or services you need.
If however, what you are buying or seeking to procure is novel, complex or difficult to
describe then you may want to ask potential suppliers to put in a more detailed offer. If this
is the case then you are asking the marketplace to put in a bid for the goods or services. If
you decide to receive bids rather than quotations then Procurement, Partnering and
Programme Management will be able to help you put together a document to achieve this.
Irrespective of whether you are seeking quotations or bids the following will apply:
Obtain at least three written quotations or bids (fax transmissions are acceptable);
If the value of the purchase is less than 1000 then you can obtain quotations by
telephone (but see Management Audit Trail below).
The number of suppliers you approach will again be dependent upon the number of
suppliers in the market, costs, risk and the complexity of the goods or services required.
You will need to decide how many to pick.
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DONT invite the same suppliers to respond all of the time as this will stifle
competition;
The provisions relating to goods and services also apply to the appointment of consultants.
Appointing consultants is a complex task because you are buying intellectual help. You need
to be very clear about your requirements, and you will probably need to advertise the
contract in the trade/national/regional press and short list against pre-defined criteria.
A separate guidance note is available on appointing consultants. The protocol for the
Appointment of Consultants includes a pro-forma to take you through the main issues to
be dealt with. The Protocol is attached at Appendix 5 or you can get a copy from the
Councils Intranet.
Involve the Procurement, Partnering and Programme Management (PPPM) and Legal and
Governance at the start of the project who will advise on the best way to go out and get
offers for the work in question. If the value of the contract is likely to be over the 144,371
threshold for Services or Supply contracts, then EU rules will apply. Please consult PPPM
for further advice on the necessary procedures, such as competitive dialogue, to ensure that
the appropriate regulations are followed to avoid any later challenge to the procurement
process.
Tender Process
If you are undertaking a tender exercise then you will need to decide how to approach the
market place in order to get the best deal. There are generally speaking three ways to
invite tenders. These are:
The open process where the Council advertises its requirements and issues
the Invitation to Tender (ITT) to any organisation that asks for them
The restricted process that uses a two stage procedure where, following an
advert, we ask organisations to respond to a Market Brief (an outline of your
requirements) and ask them to complete a Pre-Qualification Questionnaire
(PQQ) with details of their technical, economic and commercial capabilities.
The PQQs are evaluated and a tender list is then drawn up following such
evaluation. Bids are then received on the basis of issuing a more detailed ITT.
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Even if you do not use a PQQ you will always want bidders to demonstrate their capacity in
the following three criteria:
General commercial eligibility (e.g. legally viable, solvent and engaged in the
business in question);
Technical capability/suitability (e.g. necessary skill, experience and resources to
fulfil contracts, track record of similar work);
Financial Standing (e.g. has the financial and economic resources to fund and
reliably carry out work and satisfy required guarantees).
Whichever course of action you take, you must be clear that it is the right course of action in the
circumstances. You therefore need to ensure that you:
Evaluation
Evaluation can take place at two stages dependent upon the tendering process that is to
be followed. If you have opted for the two-stage procedure and are using a PQQ then
you will need to both evaluate the PQQs and the ultimate bids. If you are using the open
or tender list procedure then you will only evaluate once, but as part of the evaluation of
the bid, you need to consider the three criteria on capacity described above.
Completed PQQs should be assessed on these criteria utilising the scoring model
shown below in order to decide who is then asked to tender. Only at the stage of
agreeing the tender list should those relevant PQQs be passed to the Organisational
Development Manager (Safety and Well Being) for additional checking on aspects of
Health and Safety. A protocol for such checks is available from Procurement,
Partnering and Programme Management.
The starting point for the evaluation in respect to contract award will always be the
specification (see page 12) and the first thing to do is to consider how close the offer is
to the specification . In most cases evaluation will consider issues such as whole-life
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costs (not just short term price), quality, delivery etc. In each case however, you will
need to demonstrate that the offer has been assessed and an objective judgement
reached based on the merits (or not as the case may be) of each quote or bid against
previously declared criteria.
It is important to note however that as part of Standing Orders the criteria for awarding
contracts shall be notified to tenderers, and will always include price and criteria
relating to the quality of the work, services or goods to be supplied. As an example,
typical award criteria for a negotiated contract involving staff transfer might be:
Financial proposals;
Contract terms proposal;
Service proposals including transfer proposals for staff;
Innovation and service development proposals.
Award criteria must be appropriate in terms of the regulatory regime and the project
content and size and can be weighted to reflect their relative importance to the project
under consideration.
An example of a worked scoring matrix for contract award is attached following the
scoring model.
Note that failure either to achieve 50% of the available points (i.e. 2.5) for any
one criterion or an aggregate point score of 66% (i.e. 3.33) will bar a tender from
further consideration.
over 3.5 up to 4.4 Good response clearly indicating that the tenderer
has fully understood and can apply and deliver all
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Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
the required contract standards. Small amount of
further work may be needed in some areas.
Over 4.5 up to 5.0 Response indicating that the tenderer has a wholly
comprehensive understanding of the contract
standards and that the proposed approach will
result in the contract standard being exceeded.
Bidder A Bidder B
Criteria 1
Criteria 2
Criteria 3
Criteria 4
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* Failure to score 2.5 for any one criterion will bar a tender from further consideration. In
this example therefore Bidder A would be disqualified.
Contract Award
Once you have received either your quotations or your bids, evaluated them and selected the
one that is the most economically advantageous offer, then subject to obtaining the
necessary approval, you will either issue a purchase order to, or enter into a contract with,
that supplier to deliver your requirements.
You should use this form to order your goods or services and the Terms and Conditions of
Contract are on the reverse. A purchase order is a simple contract and in most cases it will
be the most appropriate way of accepting the offer made by the supplier in their quote or bid.
As a general rule, the purchase order with its terms and conditions should be used for simple
contracts for the supply of goods with a value of under 25,000.
Using a Contract
There may be times when what you want to buy requires more detail than a purchase order
allows you to record. Alternatively, you may be buying a service that will be delivered over a
period of time and you need to set out when, where and how that will happen. If this is the
case then you may need to set-up a contract.
If you consider that the contract conditions on the Purchase Order are not sufficiently
detailed to meet your requirements or that another standard from of contract is more
appropriate, please contact the Procurement, Partnering and Programme Management at
the outset of the procurement exercise. We will give advice on any matters relating to
drafting a contract and the issues surrounding it, including advice on contract management.
Again it should be noted that Standing Orders under C.4 Contracts identifies a range of
standard form contracts for use, together with directions for their signing and sealing and
contacts for further advice. It should be noted however that, once finalised, the contracts
themselves are drawn up and executed by Legal and Governance.
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Section 3
USEFUL CONTACTS
Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
General Contacts
Strategic Partners
ICT Procurement
23
Health and Safety
Legal advice
Legal
Obtain signature of Assistant Chief Executive of Legal & Governance or Head of Legal Services
Financial
Personnel
Committee Secretariat
If you require any advice regarding delegated authority and relevant Cabinet Members approval,
please contact:
Mick Ogle Committee Secretariat Manager 27 34007
Appendices
Appendix 1
PROCUREMENT CHECKLIST
Date Responsibility
9. Evaluation of bids.
Appendix 2
the determination upon applications for paid and unpaid leave for personal or
domestic reasons;
the determination upon applications for maternity leave within agreed policy;
the determination upon applications for paternity leave within agreed policy
17. Determination of all requests for designation as telephone users within the
agreed policy.
18. In connection with claims for damage to, or loss of, personal property of
employees:-
19. The determination of all requests for the provision of temporary housing
accommodation to employees, within the agreed policy.
Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
then:
and in either case may also select the persons from whom quotations or
tenders are to be invited.
12. Use and letting of accommodation, facilities and land within the control of
the Service in accordance with the agreed policies and approved service
plans laid down by the Council and the Councils overall property strategy
for land and property management.
13. Setting of fees and charges, within agreed policies of the Council, for use
of any facilities within the Service; including approval of any such matters
for external bodies where Council approval is required.
14. Authorisation to reduce, award concessions or waive fees and charges in
appropriate cases.
19. Compliance with the provisions of the Health and Safety policy of the City
Council.
20. Authority to accept or refuse any offer of grant, donation, or gift within the
agreed Council Code of Practice.
25. To authorise any particular named officer to carry out inspection and
enforcement duties where this is (i) authorised by law and (ii) necessary in
the performance of any function or duty of the department and to sign
identity cards in connection with the exercise of this authority, PROVIDED
that a list shall be maintained of all officers so authorised with a description
of the extent of such authorisation and the relevant statutory power.
26. To authorise any particular named officer to enter land and premises
(whether specifically or in general) and to require information as to interests
in land and premises where this is (i) authorised by law and (ii) necessary
in the performance of any function or duty of the department and to sign
identity cards in connection with the exercise of this authority, PROVIDED
that a list shall be maintained of all officers so authorised with a description
of the extent of such authorisation and the relevant statutory power.
29. Taking of any necessary action, in consultation with the Assistant Chief
Executive, Legal and Governance, under the South Yorkshire Act 1980 or
any other powers to seize horses and other animals on Council owned
land.
30. With regard to the appointment of Officers to external bodies:-
31. The power to give or authorise the giving of notices or take any other action
under section 41 of the Local Government (Miscellaneous Provisions) Act 1982
(lost and uncollected property on buildings or premises owned or managed by the
Council.
Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
Appendix 3
? DIRECTORATE
("Band B")
1. Report Author:.................................................................................
2. Subject:...................................................................................................................................................
.
3. Decision to be taken
............................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
4. Basis for decision (to show that relevant issues have been taken into account and
irrelevant issues have been disregarded):
................................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
(Note: The decision not to disclose the information contained in the Band A should be
taken by the Executive Director/Head of Service and not the author of the report.)
6. Personnel Implications:
Cleared by ...........................................................................................................................................
7. Financial Implications: .
Signed by Date
Date ..................
Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
Appendix 4
? DIRECTORATE
("Band A")
1. Report Author:.................................................................................
2. Subject:....................................................................................................................................................
3. Decision to be taken
............................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
4. Basis for decision (to show that relevant issues have been taken into account and
irrelevant issues have been disregarded):
................................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
(Note: The decision not to disclose the information contained in the Band A should be
taken by the Executive Director/Head of Service and not the author of the report.)
6. Personnel Implications:
Cleared by ...........................................................................................................................................
7. Financial Implications: .
Signed by Date
Cabinet Member
Consulted ......................................... Date ..................
Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
Appendix 5
Introduction
1. The use of consultants by the City Council can be of considerable value in the
right circumstances for example where there is a specific expertise that is
not available in-house or where there are peaks of workload that it is not
sensible to staff up to internally.
2. However, it is also the case that the Council has to ensure that the reasons for
using external resources are clear and fully justified. This protocol should
provide a means of demonstrating that the appointment of consultants is open
to scrutiny. It is also intended to be a practical guide to anyone thinking
through the stages necessary for a successful appointment.
4. The Procurement Strategy sets out clear procedures that must be followed for
all contracts, including those for consultants. This protocol is not a substitute
for compliance with those procedures rather it is intended to provide further
guidance on them in the particular case of consultancy appointments.
Approval Route
6. Clearly if the consultancy is part of a bigger project e.g. part of Capital Project
needing Cabinet approval, then that approval route will take precedence but
the same checks should still be undertaken.
7. For each consultancy appointment you should address the questions shown in
the attached pro forma (Appendix 5A) either as part of the Band A decision
papers or as part of a recorded officer decision. By doing so the main issues
that require consideration when making such appointments should be covered.
Guidance notes on the pro-forma are also attached (Appendix 5B), including a
brief explanation of the requirements of the Procurement Strategy.
Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
Appendix 5A
3. Is the basis for and method of payment clear and concise and
related wherever possible to outputs and outcomes? Payments
based on inputs (e.g. hourly rates) should be avoided wherever
possible.
Outcomes expected
(b) What are the main outcomes expected from their work?
Finance
Appendix 5B
Guidance Notes on
completion of Pro Forma
Amended 17/01/07; Ref: PPPM/LJP/Procurement Guide 5
The pro forma details the key factors that are required to be taken into account
when considering the appointment of consultants. This note provides additional
guidance for each of the points raised. It is recommended that this be used in
conjunction with the detailed guidance found in the Councils Standing Orders,
Financial Framework and Corporate Procurement Strategy.
1. Has the appointment complied with Standing Orders? Standing Orders section
C2 stipulates that the letting of contracts is dependent on the value of the
contract. Furthermore, as a supplement to Standing Orders, the Corporate
Contracts procurement guidance advises officers to complete a Band A
form if the contract is more than 25,000 or a Record of Delegated
Authority form if the contract is under 25,000.
3. Have the consultants been given a clear terms of reference? You should
note that there are approved standard forms of contract and any further
advice should be sought from Procurement, Partnering and Programme
Management.
4. Is the basis for and method of payment clear and concise? The basis for
payment should be clear and agreed as part of the contract. Wherever
possible, it should link to outcomes, rather then to simple inputs such as
hours spent, so as to minimise risk to the Council. There are exceptions, but
a fixed rate will usually leave the risk of overruns with the consultant.
Obviously, any risk of a consultant padding a bid to allow for this risk have
to be avoided but if proper tendering is undertaken with a number of
bidders, this can be minimised.
5. What evaluation process has been used to select the preferred consultant?
The evaluation process of prospective applicants/contractors is undertaken
in order to:
Outcomes expected
1. (a) Do the consultants have clear terms of reference? As part of the contract
process consultants must be set a clear terms of reference against which
their performance can be measured. Terms of reference would normally be
drawn up as part of the initial decision to seek to appoint consultants and
shared with all those invited to bid.
(b) What are the main outcomes expected from their work? As part of the
appointment process, clear outcomes should be set that link to the terms of
reference and, where possible, the payments schedule.
Finance
1. What is the value of the contract? Over what period of time? There should be
a clear value put on the contract, either as part of a fixed price or an
assumed number of days work, if priced on an input basis. There should
be a clear timescale for the work and, if on a fixed price basis, an indication
of the expected days input.
2. If payments exceed this at what level will further approval be sought? There
will be circumstances where additional costs are incurred due to
unforeseen circumstances. Whether the cost of this is borne by the
consultants will partly depend on how the contract was framed (see pricing
issues above) but also by exercising judgement as to the circumstances.
As a rule of thumb, any increase of 10% or more should be reported back
through the same process that the original appointment was made. This
will ensure that cost increases are open to scrutiny.