Procurement Strategy1. Introduction1.1 The Council's Cabinet adopted this Procurement Strategy in March 2005 as its definitive approach to procurement. 1.2 The updated Strategy incorporates the themes and principles of modern procurement practice originating from the Egan, "Rethinking Construction" agenda (1998), the Byatt Report, "Delivering Better Services for Citizens" (2001) and the National Procurement Strategy (2003) 1.3 Whilst the Egan Report primarily focuses on procurement techniques within the construction industry it provides a series of principles and processes designed to change the acquisition process. However, the report's recognition that existing procurement techniques and methods of service delivery needed to be challenged had an impact beyond the construction industry. The processes recommended for the management of large procurement projects are also very relevant to local authority procurement. 1.4 The Byatt Report was a thorough and logical review of procurement in local government. It provided, through a set of recommendations, the means to change the culture in which procurement is managed. The Report identified the need for local authorities to take a corporate approach to managing procurement issues with the emphasis upon examining whole-life costs and the setting of longer term objectives to secure overall best value. The Report stated that, "without an effective procurement strategy in place a local authority will not achieve best value" 1.5 In October 2003, the National Procurement Strategy established the approach that local government will take towards improving procurement. The key messages and objectives of the National Strategy were developed from the findings and recommendations of the Byatt Report. 1.6 The Government's efficiency review, led by Sir Peter Gershon, in 2004 and the subsequent report, "Delivering Efficiencies in Local Services" sets efficiency gain targets. The target for local authorities is to deliver at least one half of the efficiency gains as financial savings which can then be redirected to make service improvements. The remainder are to be achieved through maximising the use of existing resources to improve performance. The report identifies excellence in procurement as a major contributor to these efficiency savings. 2.0 Definition and scope of procurement 2.1 Procurement is the process of acquiring goods, works or services from third parties and in-house providers. The process covers the whole cycle from the identification of the need through to the cessation of the service provision or the end of the useful life of an asset. Within local authorities procurement is primarily focused on delivering high quality and cost effective services which meet the needs of users and the local community. It involves the detailed analysis of the options available to deliver a service or provide an asset. 2.2 This strategy is applicable to all procurements from routine low value acquisitions of consumables to high value and complex schemes. The method of approach to delivering high value strategic procurements will need to differ from that applied to low value procurement work. However, the guiding procurement principles and concepts will remain consistent. This strategy does not operate in isolation but integrates with other council strategies. It sets out the contribution which procurement will make to the fulfilment of the council's Corporate Policies. The procurement process is a vehicle for supporting and delivering these policies. 3.0 The council's vision for procurement 3.1 The council is committed to delivering high quality services which balance the performance, quality and value to the customer with the cost of the provision. Well managed and effective procurement processes are central to delivering this commitment. 3.2 The council will use its procurement process to maximise its use of resources and deliver Value for Money. 3.3 The council's vision for procurement is that it will:
4.0 Corporate procurement – the current situation 4.1 The council recognises that following the Comprehensive Performance Assessment and the earlier Audit Commission report into procurement there is a need to challenge and change existing approaches to procurement. The council has adopted a positive approach through implementing new processes and building the infrastructure to ensure this change. 4.2 Procurements are often approached from a departmental rather than corporate perspective. This can reduce opportunities for improvements. The council is working towards the implementation of a corporate and managed approach to its procurement processes using "Gateway" project management principles. 4.3 The council uses Office of Government Commerce framework contracts and actively participates in collaborative procurement initiatives with other 4.4 The council uses partnering principles in its approach to procuring services. These contracts make provision for financial incentives, to the contractor, that are linked to improved performance delivery. Partnering contracts have been awarded for the provision of the repairs and maintenance services and the capital improvement works. The procurement process was project managed through a multi-discipline team and the contracts designed to facilitate the development of a long term and strategic relationship with the successful contractors. 4.5 The development of the supplier and contractor database is undergoing continuous enhancement through working with the council's contracted supplier accreditation service. Using this service provides a consistent and transparent methodology to supplier accreditation. Suppliers are assessed to ensure their technical competence, financial solvency and compliance with council policies including those covering environmental and equalities issues. 4.6 The council is a member of the Contractor's Health and Safety Assessment Scheme (CHAS). The Scheme provides the council with quality assessed information in relation to contractors' health and safety qualifications. The council encourages its contractors to become approved to CHAS standards. 4.7 The development of electronic procurement is progressing through membership of the "Kent Connects" project which involves collaborative working with other Kent Councils. The council's Financial Management System and integrated purchasing module are being used to implement an electronic purchase to pay system. Further initiatives include the introduction of purchasing card use into Operational Services. 4.8 The South East Improvement and Efficiency Partnership (SIEP) has developed an electronic procurement portal which has a number of electronic solutions. These include e-tendering, a contracts register and a supplier portal. The council is providing information to the contracts register and will use the supplier portal. 5.0 The purpose of the procurement strategy is to:
6.0 The strategy's contribution 6.1 The strategy will change the way the council approaches procurement through:
7.0 The Corporate Plan 2008-2012 7.1 Procurement is an essential contributor to the delivery of value for money and the wider efficiencies agenda. All procurement decisions must be taken against this background and the objectives of the Corporate Plan. Procurement will be measured by the financial savings, environmental and community benefits it helps to achieve. 7.2 The council's vision, values and goals are: Our Vision We wish the borough to become The Place of Choice: A great place to live, work and relax in and to visit; to be proud of, with a strong sense of identity; The Place of Choice for many reasons. Our Values Our Goals
7.3 Procurement will support the realisation of the vision and themes of the Corporate Plan by:
8.0 The council's procurement principles 8.1 The council's procurement principles support the objectives of the Corporate Plan and apply to the conduct of all procurement activity. 8.2 Procurement will:
9.0 Applying the procurement principles 9.1 The council will apply its principles by:
10.0 Strategic procurement and service delivery 10.1 Strategic procurement is the process of entering into contracts or other forms of regulated collaboration for the delivery of high financial value, complicated and innovative services 10.2 The council will use project management teams, practices and gateway style reviews to manage its strategic procurements 10.3 Forthcoming procurements will be programmed and planned in advance. The corporate contracts register will be kept up to date to support this process 10.4 The approach to strategic procurement will consist of the following developmental stages:
11.0 The Service 11.1 The contribution the service is intended to make and actually does make to council values and objectives must be analysed. The analysis will determine the most suitable approach to procuring the service through researching the
12.0 Market analysis 12.1 Research will be undertaken to assess prevailing market conditions and the capacity of the market to deliver the required services 12.2 The research will include:
12.3 Conducting the research:
12.4 Market analysis will identify:
13.0 Option appraisal 13.1 Option appraisal is the consideration of the options for procuring the service requirement. It will conclude with a recommendation for the preferred option. 13.2 Option appraisal will be undertaken
13.3 Within the early stages of the option appraisal a decision is required as to whether the service will be provided by external providers or through in-house arrangements. This is known as the "make and buy" decision. 13.4 The council will consider the following service delivery options together with any others which may be identified through research and experience. 14.0 In house service provision 14.1 The council believes that in-house services can provide cost effective and high quality services. However, it appreciates that this is only one approach to service delivery which must be considered, on an equal basis, with other options. 14.2 In house services will be exposed to the competitive market unless it can be shown that an external solution would be inappropriate. 14.3 Consideration will be given to selecting the in-house option where
15.0 Commissioning and Procurement 15.1 The council will consider commissioning principles when determining its approach to the delivery of services. It will develop a corporate commissioning strategy. Research work is, currently, being undertaken including discussions with other local authorities who are implementing strategic commissioning across their organisations. 15.2 Commissioning is different from procurement. Procurement is a part of the commissioning cycle and is responsible for managing any competitive processes employed. Commissioning may deliver services provided through non-competitive processes such as grant finding and voluntary work. 15.3 The council recognises that commissioning is a central component in the transformation agenda. It has the capacity to facilitate significant changes to the betterment of the wider community. However, there are no specific and pre-determined commissioning models as each process must be developed to meet specific circumstances and given needs, whilst remaining consistent with commissioning principles. 15.4 Strategic commissioning means securing the services that most appropriately address the needs and wishes of the individual service user, making use of market intelligence and planning accordingly. Commissioning is about the realisation of high quality and value for money services for the community. It requires continuous monitoring and review leading to actions designed to make improvements. The commissioning process must consider all appropriate options, irrespective of the sector they originate from as well as ensuring legislative compliance and full transparency. 15.5 Essential to successful commissioning is the need to engage all stakeholder groups. The council will ensure that all stakeholders including service users, the wider community, suppliers and contractors and specialist council officers along with their partner organisations are included in the process. 15.6 The council's Corporate Commissioning Strategy will include the seven principles of commissioning. These principles will be applied when managing a process- 15.7 The council will ensure that its strategy is communicated to officers and members and is available, via the Internet, to other interested groups. 16.1 The council will procure its services by competitive processes which will include the following methods: 16.2 Market testing - will be used where it is not possible to evaluate, due to the quality of the information available, whether or not an in-house service is competitive. Bids are obtained from external service providers and compared with the in-house service's costs, quality standards and performance levels. Market testing is only possible where there is an established and competitive market. 16.3 The outcome of the comparison may result in the service being commissioned from an internal or external provider depending on which represents the best value for money. 16.4 Outsourcing - is the award of contract to an external service provider without there being an in-house bid. Outsourcing is usually applicable to situations where:
16.5 Where a service is exposed to potential outsourcing the council will always:
16.6 Mixed market - is the provision of a service by more than one provider. The mix may be a variety of differing combinations depending on the nature of the required service. It can be a mix between internal and external as well as voluntary service providers. This option is particularly suitable to services of a highly specialist and technical nature or where there are difficulties identifying a suitable single source provider for all aspects of the requirement. 16.7 Particular attention shall be given to the need to balance costs against benefits because this option has the potential for attracting significant costs due to managing a number of distinct service providers. 16.8 Partnering and partnerships - is a contractual arrangement set up between the council and its service providers, inside a non-adversarial and adaptable framework, to provide a service or deliver a project. Partnering is particularly applicable to procurement projects involving high risk and high financial values. Partnerships are arrangements which may involve a number of agencies working towards similar objectives. The council will be involved but not necessarily as the main participant. 16.9 Partnering is concerned with all parties working together to reach agreed and shared objectives. The parties will share the risks and the rewards as well as combining in joint investment strategies and mutual training and development programmes. Partnering does not, necessarily, mean the contracting out in full of a service. The option appraisal process may determine that the council will retain the provision of a part of the service requirement and the remainder shall be provided by a partner organisation. 16.10 Partnering arrangements and contracts offer the potential to draw the best and most progressive elements from a mix of providers into the delivery of services through developing long term sustainable and collaborative relationships. The council's approach to partnering will ensure:
16.11 Collaborative working within the public sector - this is a form of public-public partnering which provides opportunities for the council to work with public sector organisations to achieve economies of scale and develop networking opportunities. Most consortium procurement activity is currently focused on the procurement of goods and non-strategic services. The following illustrates some of the principle benefits associated with consortium working:
16.12 The council participates in collaborative working through membership of the KBC and the LASER energy purchasing consortium. It will continue to participate in similar forums where suitable opportunities exist including the Improvement and Efficiency Partnerships. 16.13 Working with the voluntary sector – the council recognises the role that their sector has in delivering services to the community. The council will work with and support the voluntary sector through local compact arrangements. The support may range from giving grant funding for projects to providing procurement and other technical support. 16:14 Social Enterprises – social enterprises are key partners in the delivery of excellence in the public sector and are positioned alongside private and public sector service providers. The council will encourage their engagement into the competitive procurement process. 16.15 Strategy implementation - is the driver in changing the corporate procurement culture. The strategy will be delivered by: 1. Enablement and commitment (a) Procurement is "championed", at Member level, by the Lead Member Transformation Portfolio. The Director (Transformation and Finance) has management responsibility for strategic procurement. The Procurement Manager will develop and manage the implementation of the Procurement Strategy. (b) The Procurement Manager's role is strategic and is concerned with delivering the procurement culture change. Whilst the role encompasses giving service managers' advice and providing operational procurement support the main focus of the post will be focused on strategic initiatives. Service managers will be responsible for conducting procurement within their service. 2. Building capacity through training (a) Implementation of the Strategy will require Officers to be trained in the skills needed to conduct and review major procurement projects. (b) Members will need to be conversant with the processes for conducting option appraisals and the monitoring and scrutinising of strategic procurements to ensure that the procurements are supporting the Corporate Plan and council policies. (c) Training will include project management skills, procurement related legislation, specification writing, contract and performance management and service delivery option appraisal. The council will:
3. Procurement group Establishing a corporate Procurement Group to assist the co-ordination and implementation of the Strategy. The group will:
4. Supplier and contractor development
5. Profiling the council's expenditure and the management of risk The FMS is being interrogated to establish a profile of council expenditure which will include:
The council will continue to work with the South East Improvement and Efficiency Partnership and the Kent Buying Consortium to analyse procurement related data. The outputs will be used to identify opportunities for joint and consolidated procurement activity. This investigative work is important because it will
6. Contracts Procedure Rules The council will regularly review its Contracts Procedure Rules to ensure that they are consistent with best practice procurement and procurement legislation. The council updated its Contract Procedure Rules in December 2005. The council will engage in any initiatives to consider common and shared Contract Procedure Rules which support improved opportunities for collaborative working. 17.0 Legislation and rules All procurement activity will maintain the highest standards of probity and be transparent and fully accountable. The council will ensure:
18.0 Managing and monitoring procurements Procurement is an integral part of the performance management framework of the council. Corporate procurement and the implementation of the Strategy will be subject to monitoring to ensure that it is continuing to provide an effective mechanism through which the council can achieve its objectives. The council has established an electronic contracts register which is regularly updated. It is being developed into a primary source for preparing the annual Procurement Plan. It serves as a planning and reference resource for Service Managers and other interested parties. The council will:
19.0 Electronic procurement 19.1 E-procurement describes the use of electronic systems for data exchange which supports the acquisition of goods, works and services from third parties. E-procurement processes include electronic ordering and invoicing, web-based supplier catalogues, purchasing cards for the ordering and payment of goods and the management of competitive tendering processes by electronic means. 19.2 An E-Procurement Implementation Team has been formed. It operates at a corporate level and is responsible for the evaluation and implementation of appropriate electronic solutions designed to streamline the procure to pay process. 20.0 Electronic Procurement and the Financial Management System 20.1 The development and implementation of the FMS electronic purchasing module is being managed by Financial Services on an incremental basis. Benefits to be realised from the module are:
20.2 The successful implementation of the module requires a comprehensive review of the structure and management of the supplier database. The council will develop a policy to rationalise its supplier database and establish a managed supplier set up process. 21.0 Review of the strategy The Strategy will be reviewed at least once a year on a formal basis to ensure that it is consistent and relevant to the National Procurement Strategy, best practice procurement and the council's corporate policies and objectives. The review of the strategy will be undertaken by the Procurement Manager. D R This Procurement Strategy was revised and updated:
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