Final version 2.7
Leicestershire County Council
Good Procurement Practice Framework
Checklists For Contracts Valued at £1m + and high risk[1]
Introduction
The key to success is making sure the Council’s commissioning and procurement activity delivers high quality goods and services at an affordable cost and in a way which is flexible to meet changing demands. In order to achieve this, the Council needs to have a disciplined approach towards its sourcing[2] practice and contract management, particularly for high value/high risk contracts. The process must also be compliant with all legal requirements.
This Good Procurement Practice Framework comprises 4 checklists detailing the essence of good procurement practice for both pre-tendering, the tendering process and during the life of a contract:
A Pre-tender:
· Challenging the need
· Procurement preparation
B Tender Stage (1)
· Negotiations/clarifications/discussions
C Tender Stage (2)
· Pre-award
D Contract Management
· Contract management
· Service improvements and Innovation
These 4 checklists should be read in conjunction with the Purchasing Guide on CIS and are seen as the minimum standard expected. They also complement the checklist used by ESPO buyers for supporting the procurement process.
What’s the purpose of the checklists?
The checklists bring together a range of Council requirements, though the extent to which an individual procurement places emphasis on specific aspects depends upon the nature of the procurement. These checklists are not intended to replace a formal Gateway Review[3] process nor any quality assurance measures put in place for a project.
The purpose of the pre-tender stage (A) is to challenge the need for the procurement to be undertaken in the first place and to check whether or not the procurement reflects the Council’s requirements. There are more questions to answer in this checklist because it is at this stage of the procurement lifecycle that the greatest potential exists for shaping the procurement and introducing innovation.
The second stage (B & C) aims to make sure that the procurement is continuing to meet these requirements before a contract award is made as well as to ensure the basis for a positive relationship with key suppliers is in place.
The purpose of the third stage (D) is to ensure that the contract is being actively managed and that the deliverables are being achieved. The frequency with which contract management arrangements are reported against the ‘third stage’ checklist will depend on the nature of the contract and whether (for example) there are any concerns over performance. Ideally this checklist should be completed on an annual basis during the life of the contract, although clearly contract management should be ongoing through this period, and review meetings should probably be taking place several times a year on these high risk/high value contracts.
In addition, there is a proforma (front sheet) for completion by each project – on a one-off basis only – in order to provide some context about the procurement and to ensure that the project is assessed for business continuity, equality and diversity and environmental risks from the outset. The Purchasing Guide contains relevant tools to assist Procuring Officers with this initial assessment and also what this subsequently means in terms of the procurement process.
Who should complete the checklists?
The checklists are intended to be completed by the Procuring Officer or the Contract Manager (as appropriate) at the appropriate stage and then countersigned by the Senior Responsible Owner (SRO)[4].
When do the checklists need to be completed?
‘Checklist A’ should be completed for any new projects, which are about to be initiated or are in the early stages of project initiation; ‘Checklist B’ & ‘C’ should be completed for any ongoing projects which are in the process of being tendered. ‘Checklist D’ should be completed after the contract award has been made and during the life of the contract.
Ideally these documents should be used as a pre-planning checklist for each procurement stage and completed on an ongoing basis rather than completed in retrospect.
What happens to the completed checklist(s)?
The completed checklist(s) and any supporting material will initially be reviewed by an independent panel of 3 staff (legal, procurement and finance). The Procuring Officer or Contract Manager will be invited to join this informal meeting and respond to any queries. Following this meeting, the panel will share its written observations/recommendations with the Procuring Officer/ Contract Manager and also with the project's SRO for the purpose of clarifying any issues raised and/or correcting any factual inaccuracies.
The panel's observations/recommendations will then be issued to the Commissioning/ Contracts Board one week before the Board's scheduled meeting. This material will then be reviewed by the Board - with the SRO in attendance - to ensure that the Council’s objectives are being delivered through this procurement. The Board may decide to seek additional evidence from the SRO, Procuring Officer/Contract Manager to provide confidence that the procurement outcomes will be achieved.
1
Final version 2.7
Does this mean that the procurement process will be held up?
It is not the intention that either completion of these checklists or the subsequent challenge/review process by the Board will delay the procurement process. However, if the Board subsequently identifies an issue which could be detrimental to the success of the project, then the SRO would be expected to take the necessary remedial action.
What kind of questions will the Board ask?
At pre-procurement stage, the Board will want to obtain assurance that:
• The project is justified based on business need;
• Savings are being maximised;
• There is a significant likelihood of success;
• The project is aligned with organisational objectives;
• Appropriate expert advice has been obtained;
• Potential interest from the marketplace has been taken into account;
• Major risks have been identified/managed;
• Exit plans are in place.
From 6 months post implementation, the Board will want to obtain assurance that:
• Good and effective contract management is in place;
• The expected benefits are being delivered;
• There is continued alignment with organisational objectives;
• Further value-for-money improvements are being sought/obtained;
• There is still a business need for the contract;
• Lessons learnt have been identified/shared.
What are the legal considerations?
There is increasing pressure for public procurement to contribute to the Council's efficiency savings target. However it is important that, in doing so, no shortcuts are taken in the preparatory work for a procurement, either in the legal framework or in the procurement timetable.
In the current economic climate, bidders are far more likely to make a legal challenge to a procurement process. The EU Remedies Directive, which became effective in the UK in December 2009, means that (in specific circumstances) a bidder can apply for a contract to be 'torn up' for serious breaches of the procurement rules.
This exposes the Council to the costs of disruption, the costs of having to undertake a fresh procurement, potentially paying compensation to the contractor with whom it contracted wrongly as well as a fine and the award of damages to the aggrieved bidders.
1
Final version 2.7
Procurement Project: Background Information
(For completion in all cases)
The following information will provide the Commissioning & Contracts Board with some context about the procurement and the potential impact upon the Council and also enable the Board to baseline the procurement for future review purposes.
Contract TitleCurrent Supplier(s) (if applicable)
Name of Procuring Officer
Name of Contract Manager
Name of Senior Responsible Owner
Department
Contract Value £ (Total value over contract term including extensions[5])
· Capital
· Revenue
· Grant funding (or other funding sources)
(Note: Identify LCC’s proportion separately where this is part of a larger contract)
Contract Length (years)
(inc. details of extensions)
Rating[6] for: / Business Continuity
Environment[7]
Equality and Diversity
Financial Risk
Description/Key Objectives (List)
What are the anticipated business benefits? (Be specific)
What specific public outcomes will be achieved? (Where appropriate, specific reference should be made to the priority outcomes listed in the Leicestershire Together Outcome Framework)
Which other public sector organisations? (List)
Which service areas are involved? (List)
Has the Category Manager been notified of this procurement project? – See CIS for list of Category Managers
(Yes/No)
You are only required to answer the following four questions for projects in the procurement phase (and not for existing contracts).
Procurement Strategy (Please outline the procurement strategy, i.e. framework agreement or contract, no. of lots, and how defined, no. of contractors, and briefly any rationale for these decisions)What procurement procedure is being followed? (Please state, e.g. Open, Restricted, Competitive Dialogue etc)
What is the outline project/procurement timetable? (Give key milestones, e.g. advert, PQQ, ISOS, ISDS, ITT, evaluation, award, mobilisation, start date. Please include any dates for Cabinet decisions upon which the procurement process is dependent.)
Evaluation Criteria (please set out at a high level the evaluation criteria to be used at the tender evaluation stage of the procurement process)
e.g. Price 30%, Environment 15%, Product Quality 30%, Delivery 15%, Legal/Contractual 10%
You are only required to answer the following two questions for existing contracts (and not for projects in the procurement phase).
please state:· Award Date
· Start Date
Actual Expenditure £ to date (from commencement of contract)
A
Pre-Tender
Please provide a brief comment, wherever possible, in the ‘Comments’ column to explain your answer. All ‘No’ answers must in any case be justified fully in the ‘Comments’ column. All ‘Yes’ answers should be accompanied by the ‘Date Activity Completed’ wherever applicable.
/ Yes / Date Activity Completed / No / Not Yet / N/A / Comments /1. /
Challenging the Need
a / Have alternative means of meeting this business requirement (and not procuring) been considered?b / Is there a business requirement to proceed?
c / Has a Business Case been produced? (If yes, state in the ‘Comments’ column who owns the Business Case)
d / Does the Business Case include an options appraisal, including an assessment of ‘make or buy’?
e / Has an up-to-date market analysis/assessment been undertaken to provide a good understanding of supply side capacity/capability/potential costs (including potential suppliers from the Voluntary and Community Sector, where appropriate)?
f / Has a demand profile been undertaken to establish future demand?
g / Has a cost structure analysis been undertaken to understand the mix of fixed and variable costs and key cost drivers?
h / Has an Equalities Impact Assessment been undertaken (so that any considerations can be built later into the tender documentation)?
i / Has ESPO been notified of/consulted on this procurement?
j / Has Legal Services been made aware of this procurement?
k / Has Cabinet approval been given for this procurement?
2. /
Procurement Preparation
a / Are the necessary project resources (capacity and capability) in place?b / Have potential suppliers (including from the Voluntary and Community Sector, where appropriate) been consulted in the service design/draft specification and their ideas for creating better value-for-money (e.g. reducing costs, better quality) been explored?
c / Have customers/users/stakeholders being consulted and their requirements been identified in the service design/draft specification?
d / Are variant bids being allowed (which are in-line with the scope of the project and EC Directives)?
e / Is an output[8]/outcome[9] specification being used?
f / Has budget/funding been agreed for the procurement?
g / Is ESPO being used to support this procurement?
h / Have forecast savings been reported to the Category Manager and Departmental Efficiency Board?
i / If this procurement is being carried out with other public sector partners, are all these partners committed and relevant agreements established?
j / Is there a procurement project risk register and have the major risks been identified and departmental and corporate risk registers been updated, including the fraud risk register?
k / What are the major risks for this project? (List)
l / Does the draft contract contain a price variation clause which is linked to a relevant price index (i.e. reflecting the characteristic of the goods/services)?
m / Has consideration been given to the payment terms? (Note: all trade suppliers are paid by BACS with remittance advices emailed. Payment is normally made within 30 days of an undisputed invoice, however it is possible to reduce payment terms for a price discount that results in a significant net saving – see Early Payment Discount Guidance in the Purchasing Guide)
n / Are there any potential TUPE implications?
· If so, what are they?
o / Have you taken early advice from HR and Legal Services about these TUPE implications?
p / If there are any property issues (e.g. asset management, lease agreements, health & safety) has Property Services been consulted?
q / Are the supplier’s IT systems required to interface with those of the Council?
r / If the project has a high environmental risk, does the contract award criteria allocate a score of 15% or more to environmental considerations?
s / Has an Equality Impact Assessment been carried out?
t / Does the draft contract make provision for continuous improvement/contractual incentives?
u / Have the requirements of the Council’s Contract Procedure Rules and EU procurement law been met?
v / Does the procurement align with and make a positive contribution to the following Council objectives/standards: (See Social Clauses in the Purchasing Guide)
· Efficiency savings?
· Equality and diversity?
· Local economy?
· Use of SMEs?
· Use of the Voluntary and Community Sector and Compact principles?
· Apprenticeships?
· Carbon reduction/emissions?
· Environmental Procurement Policy?
· Recycling?
· Information/IT Security requirements?
· Business Continuity?
w / Has a contract manager been identified?
· If so, please state name
x / Has a Lessons Learned Log been set up, so that any lessons from this procurement can be shared across the organisation in the future?
y / Are exit strategy/end-of-life arrangements in place?
1
Final version 2.7
Key Outputs (Tick to confirm availability of evidence – in some cases, you may be asked to provide this material for audit purposes)
Yes / Date Activity Completed(where appropriate) / No / Not Yet / N/A / Comments
Business Case
Market intelligence feedback
Risk management plan
Exit Strategy
Equality Impact Assessment
Environmental Risk Assessment
ESPO Project Proposal
Programme Plan
Procuring Officer (name)…………………………………………….(Date)……….