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Council procurement policy and changes in legislation
27th February, 2017
Derek Barr FCIPS
Procurement Manager
Clackmannanshire Council

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Agenda
Background
Changes in Legislation
Procurement Policy
Q&A

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Background March 2016 Session to facilitate dialogue between public sector and third sector partners to establish new and different positive relationships and to identify where there is a common shared agenda.

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Background
March 2016
There is a growing interdependence between the public and third sectors in terms of:
challenges (doing more with less); common goals (sustaining Services and improving outcomes);
better partnership working underpins this (removing silos); and new forms of partnership
working (e.g. Public Social Partnerships) can result in radically new ways of thinking and services.

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Background Priority 5: Service Commissioning and Procurement
Next steps
Session outputs and a plan

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2013
Procurement Reform (Scotland) Bill introduced to Scottish Parliament
Stage 1 of parliamentary scrutiny commences
2014
Procurement Reform (Scotland) Act 2014 receives Royal Assent

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2016
EU Directives come into effect in Scotland
Statutory Guidance published under the Procurement Reform (Scotland) Act 2014

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The New Light-Touch Rules Regime for Health, Social, Education and certain other Service Contracts:
What is the new light-touch rules regime?
The new light-touch regime (LTR) is a specific set of rules for certain service contracts that tend to be of lower interest to cross-border competition.
Those service contracts include certain social, health and education services

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The New Light-Touch Rules Regime for Health, Social, Education and certain other Service Contracts:
What has changed?
The former distinction between Part A and Part B service contracts has
been abolished, and a new rules regime has been introduced for certain health, social and other services.
This is a significant and fundamental change that all procurement staff and many other stakeholders will need to understand.

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The New Light-Touch Rules Regime for Health, Social, Education and certain other Service Contracts:
Beside the mandatory aspects of an LTR procurement, procurers enjoy considerable discretion in a number of areas. These include:
The ability to talk about the procurement before the procurement – by engaging with the market and relevant stakeholders.
The ability to be creative with award criteria (but linking them to subject-matter of the contract). For example, the empowerment of service users, and taking into account their needs, are ostensibly encouraged in that the ability of procurers to do so is specifically referred to.

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The New Light-Touch Rules Regime for Health, Social, Education and certain other Service Contracts:
Awarding contracts in lots, and limiting the number of lots which a single supplier can bid for – or even win.
Potentially, the ability to go beyond the “traditional” lists of mandatory and discretionary exclusion criteria – and to introduce others (as long, of course, as they are relevant, reasonable and proportionate and do not breach equal treatment and transparency).

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Supported Business / Supported Employment Programmes

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Procurement Strategy
During the 2017/18 period the Council will undertake relevant and proportionate consultation and engagement when preparing the full procurement strategy. The purpose of this is to ensure that the Council’s approach and procurement strategy takes account of stakeholders’ views and that stakeholders have the opportunity to engage and contribute to development of the strategy.
In doing so, the Council will gain a better understanding of the needs of the area and tailor the strategy to reflect those needs. Indeed one of the areas that the strategy itself must address is the Council’s policy on consulting and engaging with those affected by its procurements.

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Procurement Strategy
A Number of themes
To do this we have adopted the following Strategic Themes for the period covered by the Strategy.
Strategic Theme 1
Straightforward:
To make procurement as straightforward as possible for the Council and potential suppliers, in particular to improve access for local suppliers and SMEs and to eliminate anything that does not add value to the procurement
Strategic Theme 2
Professional:
To continue to embed professional procurement and contract management skills and support the growth of commercial acumen within the Council.
Strategic Theme 3
Maximise local opportunities:
To support and encourage an effective local supplier market including the voluntary sector and the promotion of local social value in contracts.
Strategic Theme 4
Strategic:
To use sound procurement practices and innovative solutions to promote sustainability and value for money, making use of clear and detailed procurement/purchasing data, collaboration and partnership opportunities where appropriate.
Strategic Theme 5
Fair:
To ensure that, where applicable, contractors comply with Living Wage and Blacklisting Policies and to ensure that we take account of the possible impact that our approach to major projects might have on different groups of people.
Strategic Theme 6
Compliance:
To ensure that all procurement activity across the Council is compliant with procurement regulations, Contract Standing Orders and Financial Regulations.

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Contract Standing Orders
The purpose of Contract Standing Orders (CSO) & The Corporate Procurement Process "The Procurement Journey is to set clear rules for the Procurement of Goods, Works and Services for the Council. These rules & processes ensure that the Council is fair and accountable in its dealings with contractors and suppliers, while ensuring that the Council obtains value for money and that it is taking good care of public funds This consistent approach across the Council using best practice templates aims to embed a stronger compliance and Governance culture across the Council.

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Contract Standing Orders
Section 12: Council Policy Objectives
The Council can use its buying power to help it achieve its policy objectives. The Council's policy objectives will be considered in every procurement process and, where appropriate, incorporated into the contract strategy, evaluation model and terms and conditions of contract.
The Council has a clear vision to make Clackmannanshire a better place to live and work by having better services, better opportunities and better communities. The Council aims to provide a range of services, activities and facilities which make a difference to people's health and well being, to sustaining economic growth and to the strength and vibrancy of communities.

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Contract Standing Orders
To achieve these outcomes, the Council works with local people and groups, as well as many partners in the public, business and voluntary sectors. The Council will focus resources on its priorities given the challenging financial environment and its commitment to providing best value for money for the people of Clackmannanshire.
Clackmannanshire offers great potential for individuals, families, businesses and employers. The Council wants to help improve life chances for individuals and families, as well as create a more positive environment for local businesses and employers. The Council will invest to create the right environment for everyone in Clackmannanshire to succeed and reach their maximum potential by: proactively supporting new businesses and existing businesses by reducing bureaucracy and red tape. The Council will while aim to maximise the local benefit of all monies spent through its Procurement Contract policies and protocols to assist as many local businesses as possible to obtain Council contracts.

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Contract Standing Orders
The use of community benefit clauses and the creation of job opportunities through procurement will be incorporated in tenders as the default position unless there are explicit reasons why this is not appropriate.. This will provide a more systematic picture of the social and community benefits that can be delivered both directly and through the supply chain
Where applicable employment practices and “workforce” matters, including payment of the living wage, shall be considered in the course of a public procurement exercise.
Where possible the use of a reserved framework under the Scottish Regulations for the Council will enable Officers to reserve contracts with supported businesses more readily without having to resort to full tendering exercises

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Contract Register
The Current Contract Register report is a list of all Tenders that the Council have entered into.
The Trade Creditor List is a list of the Council approved suppliers. A Trade creditor is a supplier of goods and services where an arrangement between the Council and a third party has been agreed to buy goods or services on account and the third party provides the Council with an agreement to bill later, stipulating a fixed number of days or date detailing when the Council should pay
Clackmannanshire Contract Register Cat (C) - Download 5398.pdf (70.85 Kb)
National and Collaborative Contacts available for Clackmannanshire Council Use - Download 5399.pdf (72.14 Kb)
Expired Contract Register - Download 5400.pdf ( Kb)
financial year spend with trade creditors - Download 5269.xls (349 Kb)
Purchase Card (GPC) expenditure  Download 5379.pdf (3.41 Mb)
Trade Creditor Spend - Download 5321.zip (4.3 Mb) Last 11 years worth of expenditure who with and overall value

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Procurement Annual Report
This report provides an update on procurement activity within Clackmannanshire Council and provides an overview of the resources that are available to deliver effective procurement and the actions taken to ensure that procurement is effective and efficient as possible.

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Procurement Annual Report
This report includes
a summary of the regulated procurements that have been completed during the year covered by the report,
a review of whether those procurements complied with the authority's procurement strategy,
a summary of any community benefit requirements imposed as part of a regulated procurement that were fulfilled during the year covered by the report,
a summary of any steps taken to facilitate the involvement of supported businesses in regulated procurements during the year covered by the report and
a summary of the regulated procurements the authority expects to commence in the next two financial years.

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Business Development support in Scotland
Stakeholder support
Where to get further advice.

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Following the Ready for Business initiative, Clackmannanshire Third Sector Interface (CTSI) on behalf of organisations funded by the Council has signalled a desire to work co-productively with the Council to achieve required efficiencies and improve outcomes. This includes mapping assets, improving evidence of impacts, and sharing resources, including accommodation and administration
Special Council meeting
General Service revenue budget report on clacks web
Appendix H
Disclosure of Funded Organisations 2017/18
In September 2014, the Council's External Auditor recommended that the Council
should disclose annually details of each individual voluntary organisation it funds
including the Council role, the Council contribution and the type of services
delivered.
The table below outlines this information for the financial year 2017/18. All funding
arrangements are subject to Contract Standing Orders and the Council's Code of
Practice for Funding External Bodies and Following the Public Pound.

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