How to do Business Police Procurement North West
Transcription
How to do Business Police Procurement North West
Police Procurement North West How to do Business Police Procurement North West CONTENTS 1 INTRODUCTION 2 OVERVIEW OF PPNW 3 ADVERTISING 4 BENEFITS OF WORKING WITH PPNW 5 THE TENDER PROCESS 6 QUICK OVERVIEW OF EU PROCESSES 7 STAGES IN THE PROCUREMENT PROCESS 8 LEGAL REQUIREMENTS 9 NO SMOKING POLICY 10 ENVIRONMENTAL AND SUSTAINABLE CONSIDERATIONS 11 ETHICAL CONSIDERATIONS 12 E COMMERCE 13 SUMMARY Police Procurement North West 1. INTRODUCTION For many years the public sector has been criticised for either failing to promote contract opportunities adequately or making the whole tender process cumbersome through duplication. The North West Police Forces have responded to this in a positive manner and have joined together to create a new collaborative that will be known as Police Procurement North West (PPNW). On the 1st April 2010 a new portal hosted on the Bluelight e tendering portal at www.policeprocurementnorthwest.co.uk will be launched with the intention of having all tender opportunities in the one location and common documents from all Forces available to standardise the tender process. 2. OVERVIEW OF POLICE PROCUREMENT NORTH WEST (PPNW) The North West of England and North Wales has a combined population of 7.5 million and consists of a diverse landscape ranging from the Scottish Borders to the north and the Welsh Mountains to the south. Two large conurbations are centred in the cities of Manchester and Liverpool and are responsible for major employment opportunities, the extremes of the region are mainly rural and relies on agriculture and tourism. It is in this environment that the PPNW will collaboratively spend approximately £330 Million of public sector money each year, providing a wide range of commercial opportunities. PPNW will be made up of all of the North West Region Police Forces namely; ❑ Cheshire Police ❑ Cumbria Constabulary ❑ Greater Manchester Police ❑ Lancashire Constabulary ❑ Merseyside Police Police Procurement North West How to do Business How to do Business The aim of this document is to try and offer comprehensive guidance and advice to all existing and potential consultants, contractors and suppliers who wish to conduct business with Police Forces in the North West. The document will set out the way we approach business with regard to diversity and ethical issues as well as providing details of the tender thresholds and associated processes. 56807 ❑ North Wales Police 01 3. ADVERTISING OF CONTRACTS We have made a commitment to advertise ALL requirements i.e. Requests for Quote (RFQ), Pre Qualification Questionnaires (PQQ) and Invitation to Tender (ITT) regardless of value through a single e tendering portal hosted at Bluelight e Tendering website www.bluelight.gov.uk. HOW TO REGISTER You are recommended to register on the Bluelight Emergency Services E-Tendering System which can be found at www.bluelight.gov.uk You will need to click on the “Register Company” link within the “Supplier Area” box on the left to start the registration process. A user guide can be obtained by clicking the link in the supplier area box. Registration is FREE and as the www.bluelight.gov.uk site is a complete internet based e-tendering solution, all you need is internet access, no special software or equipment is required. You are able to view current opportunities without registering by clicking the current opportunities link, however to express interest you will need to register and/or login. When registering it is recommended that you use a generic email address e.g. [email protected] and a job title e.g. Sales Administrator rather than individual staff names and email addresses to prevent any inconvenience when staff changes occur. Please use an email address which is regularly monitored so you do not miss out on notification of opportunities or alerts during a tender process. Once registered you will be able to view and express interest in tender opportunities from all of the UK Police Forces and specifically to those Forces within the PPNW. You will also receive automatic email notifications from this site of any future opportunities advertised providing you complete the contract category interest section by ticking all relevant category boxes. It is critical that you keep your registration details updated to ensure you get the correct notifications in time. 4. BENEFITS OF WORKING WITH PPNW Our aim is to maximise procurement collaboration between participating forces so as to obtain optimal contract value and reduce duplication of work for both the Forces and their Suppliers. In its dealings with suppliers and contractors, we will endeavour to adhere to the following standards: ❑ We will respond promptly and positively to complaints, comments and suggestions. ❑ We will comply with The Public Contracts (Amendment) Regulations 2009. ❑ On request, we will debrief successful and unsuccessful bidders promptly of the outcome of a tender, giving constructive feedback. Police Procurement North West How to do Business How to do Business ❑ When dealing with suppliers and contractors we will be courteous and helpful. 56807 ❑ We will honour our contractual commitments. 02 ❑ Commercial relationships will be based upon co-operation; we will seek to avoid adversarial and confrontational relationships. ❑ We will not divulge information submitted in confidence to third parties except as is necessary to comply with legal requirements. ❑ We will make every effort to make payments within agreed timescales. ❑ We will attempt to resolve contractual disputes amicably and fairly. ❑ We will attempt to procure goods and services in a responsible way, both environmentally and ethically, working towards achieving sustainable procurements where ever possible. ❑ We will raise awareness of Force Policies and legislation relating to Diversity. Including but not limited to age, disability, gender reassignment, marriage and civil partnership, pregnancy, race, religion and belief, sex and sexual orientation'. In exchange, the region asks that as a supplier, you do the following: ❑ Honour your contractual commitments. ❑ Ensure that you receive an official order or contract before supplying any goods or services. ❑ Assist us in building healthy commercial relationships. ❑ Possess policies that are communicated effectively throughout the organisation prohibiting direct discrimination, indirect discrimination, harassment and victimisation ❑ Understand that you are trading on our conditions of contract, unless otherwise explicitly agreed. ❑ Provide the goods and/or services of appropriate quality, in accordance with our instructions. ❑ Notify us of any difficulties as early as possible. ❑ Do not attempt to undermine our existing supply arrangements. ❑ Provide valid invoices and other documentation promptly and to the correct location. ❑ If required, provide details of your Business Continuity policies to ensure continuity in supply of goods and services if faced with adversity. All public expenditure is governed by both legislation and internal financial thresholds that will make every purchase subject to a specific procedure, low value purchases may not require a formal procedure but it must be demonstrated that the purchase is value for money and in line with best value practice. It should be noted that all contracts / orders regardless of value will be placed with an official purchase order. How to do Business 5. THE TENDERING PROCESS 56807 ❑ Notify us if at any time you feel that a Force is treating you unfairly or unreasonably. NB Values indicated are only an indication and will vary from force to force Police Procurement North West How to do Business 03 Low level purchases Low level purchases (circa under £10,000/£20,000) do not require a formal tender procedure however it must be demonstrated that best value practice has been followed and that the product or service is value for money Requests for Quote (RFQ) Purchases circa £20,000 plus should have a minimum of three quotations, if competition exists a Request For Quote exercise will be undertaken via the Bluelight e tendering system, this may be advertised or restricted to a set list of suppliers, depending on the urgency and size of the market place. Invitation to Tender (ITT) Purchases over Circa £50,000, but under the current European limits will be advertised, the primary advertisement tool will be the Bluelight e tendering portal but there may be occasions at the Head of Procurement discretion where additional publications or web sites may be used for example Contrax Weekly, specialist web sites or construction line. The ITT may be advertised or restricted to a set list of suppliers, depending on the urgency and size of the market place and the existence of a national framework. Use of National/OGC/Buying Solutions Contracts All forces are actively encouraged to make use of existing contracts that are open to use by emergency services or public authorities, where such contracts exists the rules of engagement will be followed. Purchases over the European Union (EU) Threshold Purchases that exceed the EU threshold will be advertised via the Bluelight e tendering website but additionally will be subject to; ❑ The process will be managed by a procurement specialist ❑ Will be advertised in the European journal ❑ Will be subject to the dictated timescales ❑ Will be returned via the relevant Legal department ❑ Will be subject to the Remedies Directive (Alcatel Stand Still) prior to an Award How to do Business 56807 ❑ Contracts will be signed by the relevant Police Authority Police Procurement North West How to do Business 04 6. QUICK GUIDE TO EU PROCUREMENT RULES European Union (EU) Procurement Directives set out a legal framework for public procurement, the purpose of which is to open up the public procurement market and to ensure free movement of goods and services within the EU. The overriding principles of the European Treaty are to ensure compliance in letting contracts and include: Openness, Transparency and Equality of Treatment. The Directives cover Supplies, Services and Works The current financial thresholds are valid from 1st January 2010 (Subject to bi-annual review). Supplies: - £156,442 Services: - £156,442 Works: £3,927,260 - Value should be based on the length of the contract not the annual value, for example if a service was identified at £70k per annum and the contract was for three years with a potential two year extension then the value would be 3 x 70 = £210k not 5 x 70. Some categories for example Legal services, education, health and social services may come under Part B and are excluded from the full EU tendering requirements. Under the restricted and competitive negotiated procedures there must be a sufficient number of participants to ensure genuine competition. Normally, the minimum will be three. The table below gives an overview of the procedures together with the associated time scales TYPE DESCRIPTION TIME SCALES (DAYS) Open Advertised so that anybody who responds must be invited to tender, mainly used where there are a limited number of suppliers or the market you are dealing with is not known. Standard 52 Used after a PQQ process has identified the company you consider most suitable / capable of delivering the works, goods or services required. Standard 37 This procedure is used when the terms of the contract can be negotiated with one or more providers but it should still be subjected to competition. Standard 37 This procedure is used when the terms of the contract can be negotiated with one or more providers but it should still be subjected to competition and the procurement has an urgent requirement (urgent as defined by the regulations). Standard 15 Negotiated Accelerated Police Procurement North West How to do Business With ECN 30 With ECN 30 With ECN 10 56807 Negotiated With ETD 40 How to do Business Restricted With ECN 45 05 TYPE DESCRIPTION TIME SCALES (DAYS) Competitive Dialogue Used to negotiate the terms of the contract with one or more persons selected by it. It is used for “particularly complex contracts” where the authority is not objectively able to define the technical means capable of satisfying its needs or objectives, or specify either the legal or financial make up of a project. As a general rule there must be a call for competition. Standard 37 With ECN 30 Key: ECN – Electronic Contract Notice – can reduce time by 7 days ETD – Electronic Tender Document – can reduce time by 5 days PIN – Prior Information Notice PIN - Prior Information Notice Forward planning will allow the placement of a PIN in the journal and shorten the timescales. 52 days must elapse between the publication of the PIN and placing the advert. The Directive formalises case law regarding PIN notices. Article 35(1) makes it clear that these are only compulsory where the purchaser wishes to take advantage of the reduction in timescales that are available with their publication. How to do Business 56807 7. STAGES IN THE PROCUREMENT PROCESS Police Procurement North West How to do Business 06 7.1 Business Case A business case is used to justify the procurement activity and expenditure. The development and agreement of a business case is an important tool to ensure senior management agreement and stakeholder "buy in" to the procurement. 7.2 Project start-up This will ensure that all the relevant steps are considered and appropriate time is allocated to them. 7.3 Market Assessment The purpose of this step is to make sure that staff is familiar with the market in which we wish to do business. We make use of the National Supplier data base, OGC and Due North Tendering system to asses any potential suppliers. 7.4 Market creation The purpose of this is to help stimulate the market where limited supplies exist. There may potentially be limited response to our requirement because of the nature of the requirement or the state of the market. If we think this may be the case, we should try to stimulate the market place. The actions we may need to take can include reviewing our requirement and making it commercially viable, or developing a procurement strategy which will attract suppliers. 7.5 Requirements definition and procurement strategy This is to ensure end users and stakeholders are involved in the development of the requirements specification. The procurement may not deliver if it is disconnected from its end-users. It is vital that end users are engaged from the outset and their needs understood. Determine the procurement route. ❑ The development of the procurement strategy should follow the most appropriate procurement route. We will evaluate the different procurement routes and publish an OJEU notice, as appropriate. Selecting the appropriate procurement route from the outset reduces the risk of legal challenge, and helps ensure procurement is smoothly run and delivers value for money. Plan the procurement. This is to ensure that we have properly defined our requirements. ❑ Requirement should be clear and unambiguous. An inadequate requirement is a common reason for procurement not providing the right goods or services, for the best value for money. Police Procurement North West How to do Business How to do Business 7.6 Producing the requirement 56807 ❑ We need to draw up a plan, ensuring all the tasks and deliverables are identified in sufficient detail, to allow progress to be tracked and managed. 07 7.7 Supplier selection This is to ensure that all suppliers are treated evenly and a stranded methodology is applied to each project. The process is started by selecting and evaluating suppliers early in the procurement process. ❑ This can begin with inviting expressions of interests from suppliers, in response to an OJEU notice or other call to competition. Followed with assessing the suppliers' responses to information requests in the OJEU notice, or pre-qualification questionnaire, and invite the selection of suppliers to tender or negotiate, depending on the procurement procedure selected. We will clearly define our approach to supplier selection and evaluation, from the outset. ❑ We will put in place a documented, planned approach to evaluation. This is important to demonstrate a fair and transparent procurement. Supplier selection and evaluation will be a continuous process. ❑ Evaluation will be ongoing throughout the procurement, and there will be clearly defined evaluation stages of selection and evaluation. This will culminate in the award of a contract for the most economically advantageous tender. 7.8 Proposal Evaluation This is to help select those suppliers to be taken forward to the next stage of the procurement. ❑ Will follow your pre-defined evaluation model and criteria. The evaluation will assess the quality of the proposed solution and how it fits with the requirement specification. 7.9 Contract preparation This is to develop a contract which clearly sets out the rights and obligations of the supplier and our organisation. ❑ The level of contract preparation required will depend on the complexity, or size and value of your procurement. ❑ For a more complex requirement, it may be necessary to develop specific terms and conditions and accompanying schedules. This may also involve negotiation with short-listed suppliers, to finalise draft contracts. ❑ May be required to prepare a Service Level Agreement. ❑ It is advisable to have a configuration management plan in place, to cover version control and amendments. Some points to consider: Police Procurement North West How to do Business 56807 May have a low value straightforward requirement and use your own standard terms and conditions, or you may place an order under the pre-agreed terms and conditions of a framework agreement. How to do Business ❑ 08 ❑ Does the contract accurately represent the requirement? ❑ Have stakeholder requirements and views been taken into account? ❑ Do the potential providers have realistic solutions to meeting the requirement? ❑ Does the organisation have the necessary skills and resources to meet its obligations under the contract, and for managing the contract? ❑ You should seek appropriate expert procurement and legal advice, as required. Also involve the future contract manager at this point and as part of any negotiations going forward. 7.10 Bid evaluation There will be a separation of the financial and qualitative elements of the evaluation. ❑ We will evaluate the financial and qualitative elements separately. We look at these two strands of the evaluation together, after completing the respective evaluations. Make a judgement based on overall value for money. 7.11 Award This is to identify the process to be followed when notifying the bidders of the outcome of any project to ensure it is completed in a professional and in accordance with published guidelines. ❑ We will inform both the successful and unsuccessful bidders in writing. Debriefing ❑ Debrief of all bidders. Debriefing can help suppliers to improve their competitive performance. It can also help us to identify ways to improve the process for the next time, and possibly improve on communication. Award notice This is to ensure that the project is closed in a controlled way. This is also a good time for us to capture lessons learnt. This can assist with future projects. 7.13 Implementation / Transition This is ensuring that any changes are managed and implemented in a smooth and stress free way: Police Procurement North West How to do Business How to do Business 7.12 Project Closure 56807 ❑ We will need to complete and publish an OJEU award notice within 48 days of contract award, when an OJEU procurement has been conducted. Also, note the requisite "standstill period" between decision and contract award, according to the procurement rules, as a result of the Alcatel ruling. (if applicable) 09 ❑ Moving towards acceptance – we need to manage the contract and the implementation process, leading to acceptance. ❑ There should be a clear transition process from the procurement stage to contract management - it is important to ensure that the organisation understands and fulfils its obligations (Authority Responsibilities) so as not to delay implementation. 7.14 Contract Management This is to clearly outline the contract and relationship management practices to be followed upon award of the contract. There should be expert and dedicated contract management for the term of the contract. ❑ It needs to have robust contract management procedures with staff, to manage the contract. The contract management provisions should be built into the contract. ❑ The level of contract management we will need will depend on the type of contract. A standard commodity contract should only require a straightforward approach to contract management, whereas a more complex service type contract will require dedicated and expert contract management. Inadequate planning for, and carrying out of, contract management is a crucial reason for user dissatisfaction and not realising VFM. It is important to have continuity in the relationship and for the contract managers from both the contracting authority and the supplier to have been engaged early in the procurement process. ❑ We will monitor supplier performance against agreed service levels. This requires you to have agreed quality metrics in the contract that allow the quality of a service to be measured. ❑ We aim to continuously improve in performance or increase value for money. This is achieved, principally, through providing incentives to the provider - these are usually built into the contract itself. Further information Please note the information above is intended as a guide for information only, full details of EU Directives can be found at The Office of Government Commerce's (OGC) website: www.ogc.gov.uk in the Procurement Policy and EU Rules section. ❑ The Public Contracts (Amendment) Regulations 2009 ❑ Human Rights Act 1998 double spacing as other above ❑ Data Protection Act 1998 ❑ Freedom of Information Act 2000 ❑ Health and Safety at Work Act 1974 Police Procurement North West How to do Business How to do Business The following main legal requirements must be adhered to during the procurement process: 56807 8. LEGAL REQUIREMENTS 10 ❑ Race Relations Act 1986 ❑ Race Relations (Amendment) Act 2000 ❑ Disability Discrimination Act 1995 and 2005 ❑ Welsh Language Act 1993 ❑ Sex Discrimination Act, 1975 ❑ Sexual Orientation and Religion Regulations 2003 ❑ Equal Pay Act, 1970 ❑ Equality Act, 1998 ❑ TUPE Regulations 1981 and 2006 ❑ The Waste Electrical and Electronic Equipment Regulations 2006 (the WEEE Regulations”) Further to the above all of the Forces are fully supportive of all aspects of diversity including ethnicity, race, religion, age, gender, disability and sexual orientation. In this respect we welcome expressions of interest from the ethnic minority, disabled and other diverse business communities, in addition to the voluntary sector. 9. NO SMOKING POLICY All Contracts will incorporate a No Smoking Policy in relation to its vehicles, buildings and premises. Smoking for all personnel is prohibited while at work or on police premises, this rule will be strictly enforced. 10. SUSTAINABILITY In our delivery of services to the community there can be a significant impact on the environment, especially in the way it manages its properties and transport fleet. In recognition of this responsibility the PPNW will be implementing policies and procedures that will strive towards reducing any impact on the environment through its activities. Furthermore the Policy will address the wider issue of Sustainability where it can influence the type and quantity of resources it consumes and its effect on the local economy. Further to this it will promote good standards of commercial practice by adopting the following methods recommended in the National Police Environmental Procurement Policy. Early involvement with stakeholders to develop functional specifications allowing suppliers to develop innovative solutions, and closer working relationships with suppliers in the promotion of environmental awareness to encourage alternative environmentally preferable products from sustainable or recycled sources at competitive prices. The identification of products and services that will help conserve energy, water and paper during the manufacturing process and reducing waste through minimisation and observing Waste Packaging Regulations. Police Procurement North West How to do Business How to do Business Ensuring compliance with all environmental, legislative and regulatory requirements in the procurement of the goods, services and works it requires. 56807 Considering the whole life cost of a product including its ultimate disposal and supporting environmental labelling schemes 11 Working with suppliers to ensure performance and publishing key performance indicators in relation to progress in the areas of environment and sustainability. It is recognised that this is an area where there is rapid change and will therefore review its policies and procedures regularly in line with continuous improvement initiatives. 11.0 ETHICAL CONSIDERATIONS In order to maintain relationships with suppliers and to ensure that these objectives are achieved the following safeguards are put in place to protect both parties; ❑ Confidentiality of Information Any information obtained during the tendering process should not be divulged to any third party, any issues relating to pricing or performance must be treated as “Commercial in Confidence” by both parties. ❑ Freedom of Information Act The above Act came into force on the 1st January 2005 and we will comply fully with any requests for information made under this Act. The Act will enable any person (with certain exceptions) who makes a request to a public body to be informed in writing whether or not it holds information of the description specified in the request (“the duty to confirm or deny”). If information is held to have the information communicated under “the obligation to disclose” within 20 working days of the request (or give notice of any ground of exemption) under Section 10 of the Act. Full details of the Act can be obtained at www.hmso.gov.uk/acts/acts2000/ 20000036.htm or by contacting our Freedom of Information Officer (Data Protection extension 4049). 12. E COMMERCE All aspects of the development of e Commerce is supported as this portal reflects in the tendering function. Development is also being undertaken with regard to e requisitioning, e procurement, e invoicing, e catalogues as well as in certain cases the use of e auctions. It is hoped that this document has given the reader an overview of the newly formed PPNW and the way it wants to work and do business with potential suppliers. If further information is required then please refer to the web portal at www.policeprocurementnorthwest.co.uk. Police Procurement North West How to do Business How to do Business 13. SUMMARY 56807 Reviews are also being undertaken of the purchase to pay processes with a view to eliminating waste and improving efficiencies where it is understood that the increased use of purchase cards has been identified as one solution. 12