PURCHASING PROCEDURES by 8l661W6

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									           PURCHASING PROCEDURES


INTRODUCTION
PURCHASING PHILOSOPHY
PURCHASING POLICY

PROCEDURES                                 Last amended

1. -    Services                           (March 2010)
2. -    Primary Budget Holder              (March 2010)
3. -    Authority to Order                 (March 2010)
4. -    Selection of Potential Suppliers   (March 2010)
5. -    Invitations to Tender/Quote        (March 2010)
6. -    EC Procurement Legislation         (March 2010)
7. -    Use of Purchase Orders             (March 2010)
8. -    Dealing with Suppliers             (March 2010)
9. -    Use of Specifications              (March 2010)
10. -   Expediting                         (March 2010)
11. -   Contracts                          (March 2010)
12. -   Purchasing Consortium              (March 2010)
13. -   Equality Statement                 (April 2010)
14. -   Buyers Guide                       (March 2010)
15. -   Financial Health Checks            (March 2010)
16. -   Supplier Appraisal                 (March 2010)
17. -   Approved Suppliers                 (March 2010)
18. -   Purchasing Cards                   (March 2010)
19. -   Negotiation Briefing Notes         (March 2010)
20. -   Purchasing Guidance Notes          (March 2010)
        (when bidding for funds)
21. -   Consultancy                        (March 2010)
22. -   Environmental Statement            (May 2010)
23. -   Purchasing Flowchart               (March 2010)
24. -   IT Policy                          (January 2011)
25.-    Community Benefits                 (March 2011)
                                 INTRODUCTION



The purpose of these procedures is to advise and assist those staff within the
University who undertake purchasing duties as part of their overall responsibilities.

Purchasing Services is part of Financial Services and its primary purposes are to
formulate Purchasing Policy, co-ordinate purchasing activities within the University
and to provide professional purchasing advice and assistance to all parts of the
University Group. A more detailed description of the role of Purchasing Services can
be found under the Service Standards section of these procedures.

All purchasing procedures are derived from the Purchasing Policy of the University
and the Policy Statement now forms part of the Financial Regulations of the
University Group.

To assist with the location of Purchasing Policies within the regulations of the
University Group the following details are supplied:

Financial Regulations

The Financial Regulations of the University establishes approved practices governing
the purchasing process. The Purchasing Procedures cover the operational detail and
standard documentation which implement the Financial Regulations.

Purchasing Policy

Section E (46) of the Financial Regulations sets out the University's approved
Purchasing Policy.

Tendering Procedure

Section E (49) of the Financial Regulations sets out the University's procedures for
purchases valued in excess of £50,000.
                               PURCHASING PHILOSOPHY


The University aims to establish an effective and efficient organisational structure for all its
purchasing activities to ensure the promotion and achievement of value for money.

The established organisational structure seeks to secure the management advantage of devolved
budgets and decentralised purchasing with arrangements to secure best price, to promote good
practice in purchasing and ensure co-ordination of all buying activity across departments.

To achieve these aims, the University has a central Purchasing Office responsible for the
development of a purchasing strategy, the implementation of good purchasing practice, and the
provision of professional purchasing advice across the University.

Within each faculty and service, the University has finance officers to focus on the purchasing
activities and to develop a common approach to purchasing. These people are assisted by the
central Purchasing Office in areas such as contract compliance, purchasing procedures, and the
negotiation of standard item goods/services for use across all faculties and services.


The purchasing philosophy underpins the purchasing policy of the University, and the
implementation of the policy is detailed in the following procedure notes.
                                     PURCHASING POLICY




The University's Views on Purchasing

The University seeks to ensure that its operational activities are consistent with, and supportive of,
the Mission Statement and its associated values and aims, and are consistent with the policy stances
taken by the institution on equal opportunities, regional affairs and environmental issues. The
University, therefore, wishes to ensure that the process of the purchasing of goods for the
University is sensitive to environmental factors, that it shows commitment to the region by,
wherever possible, procuring goods from local firms, and that it facilitates equality of opportunity
through contract compliance measures. These principles of purchasing will only be adopted,
however, where value for money can be achieved.

Policy Statement on Purchasing

The University's Purchasing Policy consists of a number values and aims. The Purchasing Policy
will also operate within the wider framework of the Financial Regulations and legislative
requirements.

The Purchasing Policy is as follows: -

1.     The University will seek to achieve value for money in all purchases.

2.     Environmentally friendlier products will be purchased, wherever possible.

3.     Wherever possible, the University will not deal with companies who are known to operate
       discriminatory practices. All University contracts will include a clause upon which contract
       compliance will be sought.

4.     Subject to European directives, products will normally be purchased within the North West
       of England.

5.     Goods and Services will be purchased from within approved contracts and ranges where
       available.

6.     Purchasing will be on the basis of "just-in-time" to prevent unnecessarily large levels of
       stock being maintained.

Principles of Implementation

All contracts for standard items and environmentally friendlier products (as defined in the
purchasing procedures) will be negotiated by the Head of Procurement. Major items and group
purchases (as defined in the purchasing procedures) will be technically specified by the specialist
staff, and the Head of Procurement will undertake all contract negotiations.
                           PURCHASING PROCEDURES

                                          1: SERVICES


The role of Purchasing Services within the University is to formulate Purchasing Policy, co-ordinate
purchasing activities within the University, provide professional purchasing and insurance advice
and assistance to all parts of the University Group.

In general, Purchasing Services shall be responsible for the following on behalf of the University
Group:

Central Role - Purchasing Services has a responsibility for all major purchases of
non-pay expenditure, including Capital.

Contract Development - Commodity Research; Contract Strategy; Supplier Appraisal; Contract
Reviews; Supplier Management.

Tender Process - Production and issue of documents; Supplier Appraisal; Commercial Evaluation;
Contract Award.

Operational Issues - Professional Purchasing advice and guidance relating to: acquisition of goods
and services; assistance with compilation of Specifications; obtaining quotations; commercial
negotiations; sourcing of Suppliers and commodities.
                              2: PRIMARY BUDGET HOLDER




The Financial Regulations of the University Group (see Section E (42) detail budget policy and
budgetary control.


Primary Budget Holders are authorised to approve expenditure, ensuring:

       -   the goods and/or services are necessary and the expenditure which will be incurred can
           be contained within that part of the budget for which they are responsible;

       -   established contracts or supply arrangements as contained in the Buyers Guide are
           utilised wherever possible;

       -   where alternatives are available, the purchase represents economy (using the whole life
           costing method) and operational efficiency, and the advice of Purchasing Services has
           been sought where necessary;

       -   action is taken on incorrect or poor quality deliveries and/or services, and that
           Purchasing Services is advised of such instances;

       -   the correct purchasing route has been taken in accordance with the specified purchasing
           limits, (see Section E ( 49.2) Financial Regulations).
                                 3: AUTHORITY TO ORDER




Purchase Orders to be issued for any goods or services necessary may be authorised by a Budget
Holder with the following exceptions:

   -      The Supplier attempts to impose terms and conditions which conflict
          with the University's Standard Conditions (especially payment
          terms); only the Head of Procurement, as nominee of the Director of
          Finance, may vary the Standard Conditions under which the
          University trades;

   -      The single or cumulative value is in excess of £5,000 and three
          quotations have not been obtained;

   -      The single or cumulative value is in excess of £50,000 and has not
          been subject to the Tendering procedure;


If there are any doubts or concerns with regard to the authority necessary to make a particular
purchase, please go to http://intranet.salford.ac.uk/finance/cms/pages/category?id=23 where the
document Delegated Financial Authority is held.
.

Summary of Purchasing Limits

Financial Regulations establish a Purchasing Limit of £20,000 - £50,000 where the requirement is
for 3 written quotations (i.e. formal offers with fixed pricing). Purchasing Office involvement may
be sought within this limit to assist in this process.


Value of Order/Contract                    Purchasing requirements
(Exclusive of VAT)

Up to and including £1,500                 Purchase Card to be used
£1,001         -      £5,000               The Budget holder to obtain value for
                                           money
£5,001        -    £19,999                 Minimum of 3 written quotations
£20,000       -    £49,999                 EG2 process
£50,000            £156,000                University Tender procedure
£156,000 and above                         EU Tender Procedure

Low Value Orders
The process of issuing Purchase Orders has a significant administrative resource cost (time spent in
raising order, actioning copies, processing invoice, processing cheque, impact on finance system,
etc.). Therefore, for low value purchases, the University purchasing card should normally be
utilised.
                        4: SELECTION OF POTENTIAL SUPPLIERS



In line with good purchasing practice, the University needs constantly to monitor and limit its
established Supplier base in order to minimise administration resource costs and maximise bulk
purchasing power.

Details of existing supply agreements are listed on Purchasing Services website under the Buyers
Guide. This is constantly updated as contracts are renewed and new contracts are established.

All suppliers must be set up on Agresso before purchases can be made unless the University
Purchasing Card is being used to place the order.

During Quotation or Tender exercises, user Departments may recommend Suppliers to Purchasing
Services for technical reasons. There is no guarantee that such Suppliers will be successful or
acceptable once Purchasing Services has undertaken a commercial evaluation. Where strong
technical recommendations prove commercially unsound, Purchasing Services will liaise with the
User Department to reach an acceptable solution.

The Head of Procurement will evaluate the level of input for the University necessary to balance the
costs of obtaining further quotations against the likely benefits or value for money issues. The
Head of Procurement will make recommendations, where necessary, to the Director of Finance.
                           5: INVITATIONS TO TENDER/QUOTE



The University will seek to achieve value for money in all purchases.

Tenders

Any single or cumulative (over any 12 month period) purchase likely to be in excess of £50,000
(excluding VAT) may be subject to the University's formal Tendering Procedure. The Head of
Procurement will make recommendations to the Director of Finance regarding any necessary
Contract Strategy.

A copy of the Tendering Procedure may be obtained from Purchasing Services                     from
http://www.purchasing.salford.ac.uk/internal/documentation/tendering_procedures.php

Quotations

It is recognised that for most purchases of goods or services below £5,000 (excluding VAT), it is
unlikely that the purchaser within the department will require specialist or professional purchasing
input. Quotations for these purchases are still likely to generate savings for the purchaser.

Standard Conditions have been developed (please refer to the website –
http://www.purchasing.salford.ac.uk/terms_conditions) which will apply to all purchases made by
the University, thereby reducing commercial risk in the procurement process.

Where it is intended to make a purchase from a Supplier not set up on Agresso, the procedure
outlined in Approved Suppliers must be followed before issuing a Purchase Order.

For purchases, which are greater than £5,000 in value (over any 12 month period ) but below the
Tendering threshold, an email, detailing requirements should be created if Purchasing Services is
to be involved in obtaining quotations. Quotations may be obtained by departments but must then
be forwarded to Purchasing Services for confirmation / clarification.
                           6: EU PROCUREMENT LEGISLATION


INTRODUCTION

The primary function of the European public procurement legislation is to open each Member
States’s public sector purchasing to intra-community competition. The legislation is founded on
two main principles of non-discrimination (i.e. that a potential, or actual, tenderer is not
discriminated against because of their nationality) and transparency (i.e. that the contract awarded
is openly advertised and awarded using objective procedures that will withstand scrutiny. These
principles are fully compatible with the UK government’s policy which is that the public sector’s
purchasing decisions should be based on value for money achieved through open competition.

The legislation which impacts upon the purchasing practices of UK public sector bodies was
originally enacted via three distinct Statutory Instruments in the early- to mid-1990s, but all three
have now been superseded by a ‘consolidated’ European Directive which was introduced into UK
law on 31 January 2006 (Public Contracts Regulations 2006, Statutory Instrument No.5).

The 1990s Regulations placed a responsibility on public sector contracting authorities (which
includes universities) to advertise certain types of contract above pre-determined values in the
Official Journal of the European Union (OJEU), and thereafter deal with the tendering and award of
such contracts using a pre-determined set of procedures and practices. The 2006 legislation
incorporates and refines most of the principles and practices described in the earlier Regulations,
whilst broadening the scope of the legislation to cover novel or hitherto less-regulated areas of
public procurement, in particular environmental issues, electronic tendering, electronic auctions and
framework agreements.

The Head of Procurement is responsible for guidance in ensuring that the University complies with
its legal obligations concerning EU Procurement legislation. All departments and sections of the
University are required to co-operate fully by notifying the Head of Procurement of any purchases
likely to exceed the appropriate threshold under any of the above Directives. All purchases under
the Works Directives must be notified to the Director of Facilities Management.

1      DEFINITIONS

1.1    Public Supply Contracts

       A public supply contract is one for the purchase, lease, rental or hire purchase, with or
       without option to buy, of products. It includes siting and installation of the products where
       these are part of the main purchase.


1.2    Public Services Contracts

       A public service contract is one where the purchaser engages a contractor (the service
       provider) to provide services. There are two categories of services - Part A (to which the
       Services Regulations apply in full) and Part B (where the tender is only subject to some of
       the requirements in the Regulations, namely rules regarding technical specifications and the
       publication of contract award notices). Parts A and B appear as lists in annexes to the
       Directive. If a contract includes both products and services, the element which has the
      highest value determines whether it is to be treated as a public supply contract or public
      service contract.

1.3   Design contests

      Design contests are procedures for obtaining plans or designs which are intended to lead to
      the award of a public service contract, often including the offer of a prize or payment to the
      participants. The value of the contest for the purposes of assessing whether it exceeds the
      threshold is the value of the resultant public services contract plus the value of the prize.

1.4   Public Works Contracts

      A public works contract is one for the execution, or design and execution, of civil
      engineering or building works. A list of these works appears as an annex to the legislation.
      The list is surprisingly wide-ranging; including such activities as demolition work, test
      drilling, plumbing, wiring, installation of fixtures and fittings, painting and wallpapering and
      renting of construction or demolition equipment with an operator. Where the contract
      involves supplies and/or services as well as works, it should be classified according to its
      predominant purpose.

      A public works concession is a contract where the consideration (payment) for the works is
      wholly or partly the granting of a right to exploit the works.

      Subsidised works contracts are works contracts to which public authorities (which includes
      universities) contribute more than 50% of the cost. Even though the contract might be
      awarded by a private sector body, the public authority must ensure that the Regulations are
      complied with. Note that the threshold value applies to the total contract value, not the
      value of the subsidy.

1.5   Framework Agreements

      A framework agreement can be made with one or more than two suppliers. Its purpose is
      to establish the terms governing multiple purchases to be made over a particular period.
      Special rules apply to the formation and operation of framework agreements; these are
      described in more detail below.

1.6   An electronic auction can be used after full evaluation of initial tenders, where final bids are
      ranked automatically, usually on the basis of price. The process is unsuitable for many
      services and works contracts. Specialised software is required to undertake electronic
      auctions, and there are special EU rules governing their conduct which are outside the scope
      of these procedures.
2   VALUATION OF A CONTRACT

    The proposed tender will fall within the Regulations if its estimated value is greater than the
    prescribed thresholds. These have been summarised in Table 1 below.

    The Regulations provide guidance on how to estimate the value of proposed tenders. If,
    after calculation, the value of the contract exceeds the appropriate thresholds, it will fall
    within the scope of the Regulations. The method of calculation used depends upon the type
    of purchase to be undertaken.



     Regulations Threshold       European Threshold            Equivalent UK*

        Supply Contracts             193,000 Euros                 £156,442

        Service Contracts            193,000 Euros                 £156,442

         Works Contracts
      inc. Subsidised Works         4,845,000 Euros               £3,927,260
             Contracts

                   * Calculated 1 January 2010, revised every 2 years

    Table 1:       Relevant Thresholds for Public Procurement Regulations
                   (VAT and Insurance Premium Tax are excluded)
2.1     Public Supply and Public Service Contracts

2.1.1   If the contract is for a “one-off” purchase, estimate the total value including all component
        parts, transport costs, installation and commissioning.

2.1.2   The value of a series of contracts, or repeat orders, for the same or similar products, should
        be estimated over a reasonable period (e.g. expected length of requirement.) This can be
        either historically or in the future. Note, however, that requirements cannot be
        disaggregated in order to avoid the Regulations.

2.1.3   Fixed term contracts for services or for the lease, rental or hire purchase of products should
        be estimated for the duration of the contract. Where the contract is part of a series, the
        whole series should be estimated over a 12 month period or longer, if appropriate. If a
        contract is for a fixed period, say one year, but has an option to extend for up to two
        additional years, then regardless of whether or not there is uncertainty about exercising the
        extension option, the duration has to be taken as 3 years (the maximum duration in this
        example) when estimating its value.

2.1.4   If a contract, or series of contracts, for services is for an indefinite or uncertain period, or the
        total price is not known but the contract period exceeds 48 months, then its total value
        should be calculated by multiplying the estimated monthly value by 48.

        Note: Where the proposed contract includes more than one of the above elements, the
        value must be determined by calculating the highest possible value.


2.2     Specific types of Public Service Contract

        For the following types of services, the values to taken as a basis for calculating the
        estimated contract values are:

        -       insurance services: the premium payable and other forms of remuneration;
        -       banking and other financial services: the fees, commissions, interest and other forms
                of remuneration;
        -       design contracts: fees, commission payable and other forms of remuneration.


2.3     Public Works Contracts

2.3.1   Estimate the value of the whole works contract.

2.3.2   Where the contract is part of a series necessary to carry out a project, it is the total value of
        the aggregated contracts, which will determine if the contract falls within the scope of the
        Regulations.
2.4   Waivers for ‘Small Lots’

      For Public Supply, Service and Works purchases where the contracts are awarded at the
      same time in the form of separate lots, it is the aggregated value of the lots which will
      determine whether the Regulations apply. However, application of the threshold can be
      waived in respect of lots below the Small Lots thresholds identified in the above table,
      provided that the aggregate value of those lots does not exceed 20% of the value of the
      overall aggregate value of the lots as a whole.

      Example: Public supply contracts for a particular commodity will be let in five lots: three of
      an estimated £20,000 each and two of £130,000 each. Thus the aggregate value of the
      contracts is £320,000 which clearly exceeds the EU threshold. However, each of the three
      small contracts falls below the Small Lots threshold. In aggregate, they comprise slightly
      less than 20% of the overall value of the five lots (18.75% to be precise). Therefore the
      three small contracts are not subject to the EU tendering process. The two larger lots still
      collectively exceed the threshold, and must therefore be subjected to an EU tendering
      process.

              Note: Where the proposed contract includes more than one of the above elements,
      the value must be determined by calculating the highest possible value.



3     SPECIFIC EXCLUSIONS

      Contracts for the following types of purchase are excluded from the procedures:

      a) Land, existing buildings or other immovable property or rights thereon. However,
         financial services associated with the acquisition are subject to the procedures.
      b) Programme material for broadcast, and contracts for broadcasting time.
      c) Arbitration and conciliation services.
      d) Transactions relating to securities or other financial instruments (particularly where
          these are to raise capital), and central bank services.
      e) Employment contracts.
      f) Research and development services, providing the service is wholly paid for by
          University of Salford. However, where the benefits accrue exclusively to University
          of Salford for use in its own affairs, the EU procedures do apply.
4     TENDERING PROCEDURES

      Tenders may be sought by one of four procedures: Open, Restricted, Negotiated or
      Competitive Dialogue. Open and Restricted are by far the most commonly-used procedures.

4.1   Open Procedure

      A notice is published in the OJEU stating that tenders will be sought under the Open
      Procedure. All potential suppliers requesting tender documentation by the deadline stated in
      the notice must be sent the documentation within 6 days of their request. Alternatively the
      documentation can be made available to all interested suppliers on the internet. The
      advantage of the Open Procedure over the Restricted Procedure is that minimum timescales
      are shorter. However, if there are a large number of potential suppliers in the marketplace,
      use of the Open Procedure can result in a large number of tender submissions, which in turn
      increases the assessment workload. One way of attempting to control the number of tenders
      is to stipulate minimum levels of economic and financial standing or technical/professional
      ability in the contract notice. Care must be taken to ensure that the minimum levels are
      related to and proportionate to the subject matter of the contract, and that the levels used do
      not exclude smaller companies unreasonably.

4.2   Restricted Procedure

      A notice is published in the OJEU stating that tenders will be sought under the Restricted
      Procedure. Firms communicate, in response to the notice, their interest in tendering for the
      contract. The contracting authority, using criteria stated in the notice (e.g. legality to
      operate, financial and economic standing, and technical/professional ability) which must be
      drawn from a list provided in the legislation, selects firms who will be invited to submit a
      tender.

      It is permitted to state the number of firms the contracting authority intends to invite to
      tender, sometimes expressed as a range. This is the main advantage of the Restricted
      Procedure over the Open Procedure, since it restricts the number of tenders and
      consequently reduces the amount of effort required to evaluate them. The range must be
      stated in the contract notice and in any event the minimum number permissible is 5. If the
      number of eligible respondents falls below 5, the process may continue, providing there is
      still genuine competition. However no “new” candidates can be introduced at this stage and
      the selection criteria cannot be artificially relaxed to allow more firms to pass to the tender
      submission stage.

      The criteria stated in the notice cannot deviate from those set out in the legislation. Thus it
      can often be very difficult to differentiate suppliers so that enough of them can be eliminated
      at the first (often called the ‘prequalification’) stage even after minimum levels of economic
      and financial standing or technical/professional ability have been stipulated. Any exclusion
      of a supplier at this point must be fully justifiable in terms of its failure to match the
      selection criteria stated in the original contract notice.

      If there is likely to be a large number of applications from interested firms, great care must
      be taken to develop a prequalification questionnaire that has the desired effect of being able
      to be used effectively and fairly to differentiate the firms’ capabilities, so that only the
      required number of firms passes through to the tendering stage.
4.3     Negotiated Procedure

        Under the Negotiated Procedure the terms of the contract are negotiated directly with one or
        more suppliers. However, the procedure can only be used in the specific instances described
        below. Moreover, the Office of Government Commerce advises that use of the Negotiated
        procedure is likely to decline as the Competitive Dialogue procedure becomes more widely
        accepted.

        It is NOT mandatory to advertise the Negotiated tender in the OJEU unless specifically
        stated to the contrary below. It is permissible for the Negotiated Procedure to take place
        in successive stages to gradually reduce the number of tenders, providing the contract notice
        or specification states that this is the intention.

4.3.1   For public works, public supplies and public service contracts:

        a) Tenders received under a previous competitive exercise held under the Open, Restricted
            or Competitive Dialogue procedures have been irregular, or unacceptable. The
            proposed terms of the contract must be substantially unaltered from those originally
            used. The resultant tender must be advertised in the OJEU, giving the reasons for use
            of the Negotiated Procedure.

             Note: If all of the participants in the Open or Restricted exercise are invited to
             negotiate then there is no need to advertise the use of the Negotiated procedure.
             However, if one or more of the participants from the earlier tender exercise who
             submitted tenders is rejected, then the use of the Negotiated procedure must be
             advertised in the OJEU. In both instances, the terms of the Negotiated tender must be
             substantially unchanged from the original exercise undertaken under the Open or
             Restricted procedure.

        b)   A competitive exercise held under the Open or Restricted procedure has resulted in no
             applications or tenders, or unsuitable tenders.

        c)   There is only one supplier available for technical or artistic reasons or on account of
             exclusive rights.

        d)   Extreme urgency exists for reasons that are unforeseeable and are not attributable to
             the contracting authority.

        e)   In exceptional cases where the nature of the works, supplies or services or the risks do
              not permit overall pricing, the Negotiated tender must be advertised in the OJEU.

4.3.2 For public supply contracts:

        a)    The goods covered by the contract are to be manufactured purely for the purpose of
             research, experiment, study and development; but not when the goods are to be
             purchased or hired to establish their commercial viability or to recover their research
             and development costs.

        b) The goods covered by the contract are partial replacements for, or additional to, existing
            goods or an installation, or when obtaining the goods from another source would cause
            problems of incompatibility or disproportionate technical difficulties. Such extensions
            may not, as a general rule, be for more than three years.
        c)   The goods are purchased on a commodity market.

        d)   The goods are being purchased on particularly advantageous terms because the supplier
             is being wound up, is bankrupt or in receivership.

4.3.3   For public service contracts:

        a)   Where the contract follows a design contest and there is more than one successful
             candidate. (Note that the Negotiated procedure cannot be used for a Works contract in
             this manner.)

        b)   For insurance, banking and investment contracts, and intellectual services such as the
             design of works, but only if the activities cannot be defined well enough for the Open
             or Restricted Procedures to be used. The tender must be advertised in the OJEU.

4.3.4   For public works contracts:

        Where the works are to be carried out solely for the purposes of research, testing or
        development and not with the aim of ensuring profitability or recovering research and
        development costs. The tender must be advertised in the OJEU.

4.3.5   For public works and public service contracts:

        a)   Additional works or services not included in the original contract where the need has
             arisen through unforeseen circumstances, and where they cannot be technically or
             economically separated from the original contract without major inconvenience to the
             contracting authority, or where they are necessary for completion of the contract.
             However, the Negotiated procedure cannot be used where the aggregate value of the
             additional works or services exceeds 50% of the value of the original contract.

        b)   Where new works and services which repeat the initial contract are being carried out
             by the same supplier, providing the original contract was awarded through the Open or
             Restricted Procedure, and the original advertisement mentioned the possibility of
             additional requirements. However this procedure may only be used during the three
             years following the end of the original contract.

Note: A contract award notice must be published for every case where the Negotiated Procedure is
used regardless of whether the tender exercise was advertised or not. It is advisable to hold a report
on file should information be requested by HM Treasury on behalf of the European Commission.


4.4     Competitive Dialogue Procedure

        This procedure is suitable only for particularly complex contracts, for example Public
        Private Partnership (Private Finance Initiative) contracts where the contracting authority is
        unable to specify its requirements at the outset without entering into detailed discussions
        with potential suppliers. The aim of the discussions is to identify and compare possible
        solutions before requesting final tenders.

        A contract notice must be published in the OJEU setting out the needs and requirements of
        the contracting authority. A dialogue may then commence between the contracting
      authority and suitable candidates in which all aspects of the contract can be discussed. Care
      must be taken to ensure that all candidates are treated equally. From a practical point of
      view, this can best be demonstrated by keeping a detailed record written record of all
      discussions which is then signed off by both the Supplier and the University.

      When the contracting authority has identified a suitable solution or solutions, it declares that
      the dialogue is concluded and requests that tenders be submitted. It is important that the
      request and the resultant tenders are as comprehensive as possible because the scope for
      post-tender negotiation is even more limited than in the Open and Restricted procedures
      (such negotiations having already taken place in the dialogue phase).

4.5   Choice of Procedure

      Under the Regulations, universities have a free choice between the Open and Restricted
      procedures.

      Use of the Negotiated or Competitive Dialogue procedure is unusual, and is more likely to
      invite the scrutiny of the European Commission than the other procedures. Where it is
      agreed that the Negotiated or Competitive Dialogue procedure can be used, the contracting
      authority must justify its choice and take great care to ensure that the reasons are properly
      documented.

5     FRAMEWORK AGREEMENTS

      Framework agreements set out the terms and conditions under which specific purchases
      (‘call-offs’) are made over a pre-determined period of time. They are particularly useful for
      creating a panel of several approved suppliers who then compete with each other for each
      ‘call-off’.

      Framework agreements can be made either with one supplier or with a panel of at least three
      suppliers, and must not exceed four years’ duration unless there are exceptional
      circumstances. The suppliers are appointed through a tendering process, usually following
      the Open or Restricted procedure.

      Where there is one supplier, the contracting authority should ask the supplier to provide
      specific prices or terms for ‘call-off’ orders within the parameters set out in the original
      Framework agreement.

      It is more usual for Framework agreements to have a panel of three or more suppliers. In
      some cases it is a straightforward task to determine which of the suppliers should win the
      ‘call-off’; for example, where all of the suppliers on the panel have fixed price lists or there
      is pre-agreed mechanism for calculating prices for comparable items. Here, the contracting
      authority would simply compare the prices and select the lowest without re-opening
      competition. In cases where the task is not so clear-cut, a process of ‘mini-competition’ is
      undertaken whereby the contracting authority issues a statement of requirements to all of the
      suppliers on the panel capable of undertaking the task. These proposals are then evaluated
      in accordance with the criteria set out in the original Framework tender.
6   TIMESCALES

    In each of the procedures, there are timescales laid down regarding publication of notices,
    invitations to tender, receipt of tender submissions etc. These timescales vary with the
    procedure used and are summarised in Table 2 below.

    The publication of a Prior Information Notice (PIN) enables the time periods for the Open
    and Restricted procedures to be shortened. The PIN is intended to give potential suppliers a
    brief overview of the forthcoming tender requirement. The PIN is only permissible as a
    means of shortening timescales if it is sent for publication between 52 days and 12 months
    before the date the actual contract notice is sent.

    In cases of extreme urgency it is possible to use accelerated Restricted or Negotiated
    procedures. The circumstances under which the shortened time periods can be used are
    strictly defined and must be justifiable. The cause of the ‘extreme urgency’ must be outside
    the contracting authority’s control. For example, having to spend funds before a specific
    date would not be considered an appropriate reason.

    Where a contract is voluntarily advertised, i.e. where it is not expressly covered by the
    requirements of the Directives or Regulations, then the timescale requirements are not
    binding in relation to the tender procedures. Thus, it may be beneficial for a contracting
    authority to give wider exposure to its requirements by choosing to use the European forum
    even where not absolutely necessary.

    Table 2:       Summary of prescribed time periods



       Procedure                           Phase                              Days

     Open              Minimum time for receipt of tenders from                45
                       date contract notice sent
                       Reduced when PIN published to, generally                36
                       But never less than                                     22
     Restricted        Minimum time for receipt of requests to                 30
                       participate from date contract notice sent
                       Minimum time for receipt of tenders from the            35
                       date invitation sent
                       Reduced when PIN published to, generally                36
                       But never less than                                     22
     Restricted        Minimum time for requests to participate                15
     Accelerated       from date contract notice sent
                       Minimum time for receipt of tenders from the            10
                       date invitation sent
     Competitive       Minimum time for receipt of requests to                 37
     Dialogue and      participate from date contract notice sent
     Negotiated
     Negotiated        Minimum time for receipt of requests to                 15
     Accelerated       participate from date contract notice sent
      Notes:

      a) The time period starts on the day the notice is despatched to the OJEU, not the date
         when it is actually published. If the last day is a Saturday, Sunday or public holiday then
         the receipt or closing date will be the first ordinary working day thereafter.
      b) PIN = Prior Information Notice.
      c) Timescales for requests to participate may be reduced by 7 days (5 days for accelerated
         procedure) when the OJEU notice has been submitted electronically in an approved
         manner.
      d) Timescales for receipt of tenders can be further reduced by 5 days where the contracting
         authority provides full and unrestricted electronic access to the contract documentation
         from the date of publication of the contract notice, providing the notice contains the
         internet address where the documents are made available.




7     CONTRACT DOCUMENTATION

      Once the contracting authority has established that the proposed contract falls within the
      remit of one of the Regulations, and has selected which procedure to use, the contract must
      be advertised and documentation prepared, paying special attention to the technical
      specification and selection criteria.

7.1   Advertising Requirements

      The Open, Restricted and, where applicable, Negotiated procedures require that the
      contracting authority places a notice in the OJEU, stating its intention to seek offers in
      respect of the perceived need. The notice must take into account the timescales detailed in
      Table 2 above.

      It is important that the maximum anticipated duration of the contract is stated in the notice.
      For example, if the expected duration is 3 years but there is a possibility that it could be
      extended to 5 years, then state “up to 5 years” in the notice. The circumstances under which
      a contract extension might be granted can then be described with more precision in the
      invitation to tender document.

      The contracting authority cannot advertise the contract in its local or national press
      before the notice has been dispatched to the OJEU. The advertisement must not contain any
      more information than is contained in the OJEU notice.

7.2   Technical Specifications

      When preparing the documentation it is necessary to ensure that the specifications for the
      product are non-discriminatory. In particular, the specification must not be based upon the
      specification of an existing product from one supplier. This would be in breach of the
      regulations and is likely to invite challenges from other suppliers. If the requirement can
      only be expressed by reference to a brand or proprietary name, then the name must be
      accompanied by the words “or equivalent”.
    The technical specification should be defined by reference to European specifications where
    they exist, in the following order of preference:

        -   National standards incorporating European standards
        -   European technical approvals
        -   Common technical specifications, e.g. Electromagnetic Compatibility
        -   International standards
        -   Other technical reference systems established by the European standardization
            bodies

    Only where none of the above standards exist is it appropriate to refer to national standards.

    All references must be accompanied by the words “or equivalent”.

    There are, however, instances where it is permissible to derogate from the prescribed
    hierarchy of specifications. Again, like other exceptions, these are clearly defined in the
    Regulations, for example, where there exists a statutory duty in relation to health and safety;
    technical reasons of conformance; incompatibility or disproportionate technical differences
    or disproportionate costs; or innovative reasons.

    Technical specifications may define environmental characteristics, e.g. production method
    and/or environmental impact. Methods of defining environmental impact must be drawn up
    using scientific criteria that are accessible and understandable to all parties. For works and
    services, information about the supplier’s technical ability with regard to environmental
    management measures may be requested, but only if is appropriate. The standards indicated
    in the tender documentation must always be EU standards or equivalent.

8   SUPPLIER SELECTION CRITERIA

    Potential tenderers may be excluded from tendering if they do not meet prescribed criteria,
    which should be designed to determine their economic and financial standing and their
    capability of fulfilling the requirements of the contract. These criteria must be stated in the
    notice published in the OJEU and/or in the contract documentation.

    A firm may be ineligible if, for example, it is found to be in financial difficulty, or guilty of
    misconduct. It may be asked to provide details of its financial standing, and its technical
    capacity. The contracting authority may select which criteria it considers appropriate in
    relation to economic and financial standing or technical capacity.

    If a company marginally fails to meet one or more of the criteria, then a second opinion may
    be sought from a third party credit-referencing agency. If the rating given by the agency
    defines the company as low to medium risk, then a decision can be made to let the company
    proceed to the next phase of the tender process. If however the rating is high risk then the
    company should not proceed any further.


    Any selection/shortlisting exercises must be even-handed, consistent with stated criteria and
    must not discriminate on grounds of nationality or geographical location.
9         CONTRACT AWARD

9.1       Award Criteria

          Having ascertained the suitability of the tenderers, the contracting authority must award the
          contract to the submission which:

           offers the lowest price, or
           is most economically advantageous to the contracting authority – in addition to price, this
            includes factors like quality, technical merit, aesthetic and functional characteristics,
            environmental characteristics, running costs, cost-effectiveness, after-sales service and
            technical assistance, delivery date and delivery period or period of completion.

          In most cases it would be extremely unwise to award the contract on the basis of price alone
          without giving any consideration to other factors.

          The award criteria must be listed in the contract notice and/or in the invitation to tender
          document. The relative weighting given to each criterion must also be stated. This can be
          expressed in terms of a range with an appropriate maximum spread. These criteria and
          weightings must be used in the tender evaluation; they cannot be altered after publication.

9.2       Abnormally Low Tenders

          Tenders may be rejected if they are abnormally low but only after the tenderer has been
          given an opportunity to justify/confirm or withdraw the offer submitted.


10        NOTIFICATION OF CONTRACT AWARD

10.1      Contract Award Notice

          The contracting authority must publish a contract award notice in the OJEU within 48 days
          of the contract award or establishment of a framework agreement. This requirement also
          applies to categories of public service contracts covered by Part B (see section 1.2 above). It
          is important to observe the mandatory standstill period (see section 10.3 below).

10.2      De-briefing Unsuccessful Tenderers

          There is now ne need to provide a verbal de-brief as under the regulations the standstill letter
          already provides detailed reasons fro not being successful and the recipient should be able to
          determine whether they wish to start legal proceedings. If, however a verbal de-brief is
          granted the following should be observed.

         Be careful of discrepancies between the written standstill letter and any verbal debriefing
         Ensure that the debrief is carefully planned and do not volunteer information

         Ensure that clear records are kept of who said what, if necessary the meeting could be
          recorded if you feel the risk could be high

         If issues arise following the verbal debrief the standstill period can be restarted and a more
          detailed standstill letter written to the supplier
      All answers to questions asked in a debrief must be given to all the suppliers involved in the
       tender process, even if they did not request a debrief and the standstill period has to then be
       restarted



10.3   Mandatory standstill period

The reasons for rejecting a supplier must be provided at the start of the standstill period in the
format of a personalised letter and must include the following:

      Information on when the standstill period will end, this will depend on how the standstill
       period was communicated:

                Electronic method, via In-Tend, email or fax – not sooner than 24:00
                on day 10

                Non-electronic – not sooner than 24:00 on day 15 from date of
                sending or day 10 after the last communication has been received by
                all the recipients

       Notes:

       - The last day cannot be a Saturday, Sunday, Good Friday, Christmas Day or
         English Bank Holiday
       - The date the last standstill notification is sent is Day 0

      A full reason for the decision which has to include and cover:

                The Award Criteria

                Characteristics and relative advantages, although difficult to write, it is
                important to be objective and avoid subjectiveness.

                The suppliers score which should be justified as to how they were
                scored and why i.e. the “characteristics and relative advantages of the
                winning tender(s)

                The successful supplier’s score

                Reasons why the supplier did not meet the technical specification
                Name of the successful supplier

The standstill letter has to be sent to all suppliers who have not been previously advised, for
instance, if advised at PQQ stage that they were not successful with reasons why, the standstill letter
does not apply.

It is best practice, if not using In-Tend, to request proof of receipt from all suppliers at the time of
notification.

General Advice
          The standstill letter has to be sent as soon as possible after the award decision, therefore it is
           critical that enough time is allowed in the tender plan to write the standstill letters as the
           information now required is detailed

          The award criteria is critical to a successful tender and must be well thought through before
           the tender is issued as you will have to explain in detail as to why the supplier did not meet
           that criteria and how they were evaluated

          It is important to record the decisions in detail during the evaluation process (as this will
           form the basis of the detailed content of the standstill letter)

          The award criteria should be objective and easy to understand

          Obtain evidence of claims that the supplier can meet requirements

          If using Environmental as a criterion, full details are required, of the reasons for its use (e.g.
           energy efficiency, reduced carbon footprint etc.), its relevance to the procurement, and the
           economic advantage it brings to the university

          Scoring presentations should be avoided, presentations should be used only as a mechanism
           for clarifying the tender response to ensure the correct scores have been allocated. If
           presentations are scored, suppliers could express concern that not all suppliers had been
           treated equally during the presentation process.

          When scoring PQQ’s or tender documents set out a number of ‘keywords’ which you would
           expect to see in an answer and score accordingly

10.4       Reporting Requirements

           Contracting authorities are required to report, for each public supply and services contract,
           details of the value, procedure, type of goods and the nationality of the successful tenderer to
           H.M. Treasury. Purchasing Office will collect this information annually and issue a report
           on behalf of the University.




11         DISPUTES AND REMEDIES


If a legal challenge is made, the University must automatically suspend the award until the
challenge is resolved.

11.1       Exceptions to the need for a standstill period

          Below EU threshold procurements, although it is considered best practice.
          Where no obligation to advertise in OJEU, eg below threshold, Part B Services or
           Negotiated without call for competition
          Only 1 tenderer


11.2       New Remedies
Pre Contract Award:

        Order a temporary injunction
        Set aside decisions taken unlawfully
        Order documents are amended
        Award damages
        Automatic suspension of contract award

Post Contract

        Award damages
        Order prospective ineffectiveness where serious breaches and apply a fine
        Provide for alternative remedies, eg contract shortening, fines or both is situations where
         ineffectiveness is inappropriate


11.3     Ineffectiveness

11.3.1 What is Ineffectiveness

Prospective ineffectiveness are any obligations:

        Which are not yet performed will be cancelled
        Which are already performed will not necessarily be cancelled (except by specific court
         order)

A civil financial penalty (fine) can be served on the University which:

        is decided on a case-by-case basis by the court
        will take account of all the relevant factors
        will be “effective, proportionate and dissuasive”

The court may rule on consequential matters, eg restitution of money already paid, compensation
for the supplier who originally won the contract in good faith.

However, the court may decide not to apply ineffectiveness where there are important reasons that
the contract should continue, although alternative penalties will be applied.

Advanced contractual provisions can be agreed during the tender process to deal with how parties
would exit the contract in the event of an ineffectiveness ruling, eg pay for all work done to date,
however, legal advise may need to be sought to ensure the arrangement is legally binding.

Ineffectiveness is applicable after contract award.

Damages are applied before contract award, see Section 5.2 New Remedies

11.3.2          Grounds for Ineffectiveness

11.3.2.1        Ground 1 - Failure to advertise in OJEU

The contract will be declared ineffective:
      if the University fails to comply with the requirement to advertise in the OJEU

      if the University misinterprets the law or misapplies the facts, eg, use of negotiated
       procedures without competition or believes the contract is outside the scope such as not
       thinking that the value would exceed the threshold

      some sort of competition held but not through OJEU

      awarded contract is outside of the scope of the original contract notice

      existing contract is subject to variation

To help minimise the risk:

      ensure compliance with advertising requirements, seek advice from the Procurement
       Manager

      have high confidence in the reasons for not advertising in OJEU and obtain evidence as to
       why non advertising was permitted by the Regulations

      if a contract notice has not been placed in OJEU but is above the thresholds, publish a
       Voluntary Ex Ante Transparency (VEAT) notice in OJEU and ensure that at least 10 days
       are allowed between publication of VEAT and the signing of the contract. If there are no
       legal challenges to the VEAT after this period the contract can be concluded and its
       effectiveness can no longer be challenged

11.3.2.2        Ground 2 – Combined breaches of rules

Breaching of the main procurement rules, eg:

      Mixing up the selection and award criteria
      Not publicising the relevant importance of the award criteria
      Not complying with minimum timescales
      Inappropriate specification standards

Breach of new review procedures:

      Breach of standstill period
      Breach of automatic suspension obligation

To help minimise the risk:

      Ensure compliance with Procurement rules
      Ensure compliance with Standstill period rules

Note: A procurement procedural breach may still result in damages being awarded.

11.3.2.3        Ground 3 – The Call-off procedural breach

Only affects:
         Above threshold call-off contracts from multi supplier frameworks that require a mini
          competition
         A Dynamic Purchasing System

Does not affect:

         Single supplier frameworks
         Multi supplier frameworks or DPS for Part B services
         Multi supplier frameworks where no mini competition is required
         Below threshold call offs

Ground 3 only applies if 3 aspects are present:

         Call off is above EU threshold and
         The University voluntarily choose not to apply the standstill period, in which case the risk of
          ineffectiveness will apply, and
         An infringement of either mini competition rules under a framework or procedures rules in a
          DPS

If all three apply, then the Court could declare the call-off contract ineffective.

To help minimise the risk:

         Apply the Standstill period voluntarily, this will cause some delay in awarding the contract
          but does minimise the risk of ineffectiveness
         Consider how confident the University is that call-off procedure followed is robust, if
          minimising the risk is the priority rather than awarding the contract, apply the standstill
          period, however best practice is to apply the standstill period
         Send the standstill letter to all suppliers named in the framework or to all tenderers if a DPS

Any single purchase call-off using framework suppliers over £156k has to be led by the
Procurement Department.

12.       Time Limits

Three months remains the starting point for legal challenges (apart from ineffectiveness which is 6
months). The challenges from participants in the procurement are to be brought promptly and, in
any case, within 3 months from the date when the grounds for bringing the proceedings first arose.
This has been further clarified by case law, and the 3 months will start when the complainant
understands the reasons for its exclusion not simply that it was unsuccessful. Thus, if the Restricted
Procedure has been used and suppliers have been informed at PQQ stage that they have not been
successful, then 3 months will start when they understand the reasons why and decide to start a
legal challenge.

The time limits for ineffectiveness has a default of six months from contract award (or the date was
reasonable for them to know of the award). The 6 months, may be shortened to 30 days by
correctly applying a standstill notice and then confirming the contract award using a second
notification.

It is important, therefore, to issue the following documents at the conclusion of a tender:
        Standstill Letter containing the required information (see 5.1.2 above)
        Final Confirmation letter to all suppliers whom the standstill letter was originally sent
         advising them that the contract has now been awarded, (providing no legal challenges have
         been instigated)
        Publish a Contract Award Notice through OJEU




13       Penalties

Where a Court makes a declaration of ineffectiveness the contract will be cancelled and it must also
order an additional civil financial penalty which is “effective, proportional and dissuasive”.

The University will then need to re tender the requirement if still required, pay the civil financial
penalty and, probably, damages to the appointed contractor that has lost the contract and the
complainant. Remember, the complainant only has to prove it was unfairly treated and not that it
would or could have won the contract.

Where the Court saves the contract from ineffectiveness due to, e.g., overriding reasons relating to a
general interest or there has only been an infringement on the standstill procedures the Court must
order the shortening of the contract and/or a civil financial penalty (fine) to which there has been no
upper financial limit set by the EU and, again, damages would probably be awarded to the
appointed                 contractor                 and                 the               complainant
                               7: USE OF PURCHASE ORDERS


Purchase Orders are formal University documents which, when issued to an external party, commit
the University to expenditure and form a legally binding Contract with the external party. An order
must be raised prior to the ordering of any goods or services (unless the University Purchasing card
is being used.) Failure to do so will result in a breach of Financial Regulations.

Purchase Orders are individually numbered and are obtained through Agresso.

In order to reduce the commercial risk in the use of such documentation, Purchase Orders must
always be approved by the Budget Holder and any over £20,000 are approved by Purchasing
Services. The University’s Terms and Conditions are available as stated on the Order Form. Only
the Head of Procurement, as nominee of the Director of Finance, may vary the Standard Conditions
under which the University trades.


Where Suppliers issue an 'order acknowledgement', then User Departments should check quantity,
price and delivery details against the original Order and discrepancies taken up with the Supplier
immediately. Of particular importance is the need to check whether the acknowledgement
attempts to enforce the Suppliers Conditions of Sale. If so, this must be challenged by fax or
letter before receipt of goods or services: please contact Purchasing Services for assistance, if
necessary.
                                8: DEALING WITH SUPPLIERS


All dealings with Suppliers must preserve the highest standards of honesty, integrity, impartiality
and objectivity, while remaining fair, efficient, firm and courteous.

Most transactions between the University and external Suppliers - although forming a legally-
binding contract - usually operate and conclude with relatively few incidents or disputes.

The following guidance points will help to ensure consistency of commercial activity, raise
awareness of contractual issues, and thereby lessen the risk of potential disputes.

1.     Please ensure familiarity and compliance with the following:
              - Selection of Potential Suppliers     ( Section 5)
              - Buyers Guide                         (Section 14)
              -Terms & Conditions            http://www.purchasing.salford.ac.uk/terms_conditions


2.     It is not a policy of the University to pay for goods/services in advance: contact Purchasing
       Services for advice.

3.     When requesting quotations careful consideration should be given to the following areas:
             - Specification or Operational Requirements
             - Usage figures
             - Quality standards
             - Specified terms/conditions
             - Delivery requirements


4.     All Supplier agreements requiring the signature of a University representative (e.g.
       service/rental/maintenance contracts) must be authorised by the Head of Procurement.


5.     In the event of any legal, contract, or general supply dispute arising or likely to arise, advice
       from Purchasing Services should be sought at the earliest opportunity. At all times, a
       careful record must be kept of communication with Suppliers, particularly those by
       telephone.
                                         9: USE OF SPECIFICATIONS



In general, a Specification is a description of the product or service required. An effective
Specification should enable Suppliers to tender or quote to the University on an equal basis and
must not show bias towards any one product, brand or Supplier.

Specifications are more likely to be used where the purchase is of significant value (e.g. during the
tender process), but can be utilised in the procurement of complex or specialised low value
commodities.

Guidance for the preparation of Specifications is detailed below:

Drafting checklist
       use simple language, avoid using jargon;
       define terms, symbols and acronyms;
       do not expect the specification to be read by experts; write it so that a layman will understand;
       use a logical structure;
       be as concise as possible, but keep the meaning clear;
       plan and analyse your needs;
       arrange the components of the requirement into a logical form matching the evaluation model;
         a good way of doing this is to set out a skeleton structure with the main headings and then add
         in sub-headings as necessary;
       do not embed requirements in background information - suppliers may miss them - keep
         requirements in their own sections;
       list the most important elements of the requirement first and work through to the least
        important; and
       discuss the requirement with colleagues, other users and procurement staff. During this
         process you may also identify other topics you need to include.
       endeavour to reduce costs (economy), and increase effectiveness and efficiency to contribute to VFM
       endeavour to improve our carbon footprint by considering more environmentally friendly methods of
        production/servicing etc.


Review checklist
A good specification should:
       state the requirement specification completely, clearly, concisely, logically and
         unambiguously;
       focus on outputs not how they are to be met;
       contain enough information for potential suppliers to decide and cost the goods or services
         they will offer, or in the case of negotiated route arrive at realistic budgetary costs;
       permit offered goods or services to be evaluated against defined criteria by examination, trial,
         test or documentation;
        state the criteria for acceptance by examination, trial, test or documentation;
        contain only the essential features or characteristics of the requirement;
        provide equal opportunity for all potential suppliers to offer a product or service which
         satisfies the needs of the user and which may incorporate alternative technical solutions; and
         comply with any legal obligations e.g. under UK law, the EEC Treaty, an EC Directive or the
         GATT Agreement on Government procurement.




A good specification should not:
        over-specify requirements;
        contain features that directly or indirectly discriminate in favour of, or against, any supplier,
         product, process or source. Discrimination on grounds of nationality is illegal in the EC,
         contrary to the GATT Agreement, where applicable, and may not achieve value for money.


Leading Edge Technology
        Where equipment is specified at or near the leading edge of technology, it is common for the
          specification to be developed in conjunction with one or more suppliers. It is important that
          this process does not result in a specification which is so detailed as to eliminate any
          effective competition. The focus should be on what the department or research project needs
          rather than specifying what the supplier can supply. The approach should be to specify
           performance rather than technical details. In the latter case, there is the risk that the final
           product will be technically superb but does not do what is required.
        In discussing specifications with suppliers it is essential that no commitment is entered into
         prior to seeking tenders and quotations.


Include “Extras”
Consider specifying what is wanted on the basis that everything is negotiable. The specification could include:


    provision for on-site tests, and pre-negotiation trials if these are desirable;
    a price which is fixed and firm, irrespective of inflation or exchange rate fluctuations;
    free delivery, installation and commissioning;
    maintenance cover for however long the department needs it;
    the price of consumables;
    details of spare parts availability for the life of the equipment, together with contractual notification before the
    supplier ceases manufacture of spare parts;
    handbooks with full maintenance instructions, including circuit diagrams;
    training.
                                      10: EXPEDITING



Expediting is 'progress chasing'. Once a Purchase Order has been issued, a check to determine
progress on the delivery of the products or services may be required (either before or after the
specified date). The responsibility for progress chasing rests with the Budget Holder/User
Department issuing the Purchase Order.

Any unreasonable delays or erroneous deliveries from a Supplier who is listed in the Buyers Guide
must be made known to Purchasing Services so that appropriate action can be taken.

Required delivery dates must be stated when raising Purchase Orders so that progress can be
checked against such dates. The use of 'Urgent' or 'ASAP' are not acceptable terms for
delivery dates.
                                         11: CONTRACTS


.

Contracts will often take the form of 'standing offers', i.e. a firm price quotation which remains open
for a specified period (usually 12 months), so that Purchase Orders can be placed against the
standing offer as need arises. The Suppliers' prices are usually based on the University's 'best
estimate' of usage.

Once a contract or standing offer is in place, User Departments must ensure that those goods or
services are not purchased elsewhere, since the University will normally have entered into a legal
agreement for exclusive business with the contracted Supplier.

Minor or temporary price advantages are occasionally offered to User Departments from other
Suppliers. These should be advised to Purchasing Services but not taken advantage of, since they
would normally jeopardise greater advantages from the established Supplier.

Contracts or standing offers should be placed for a period appropriate to the value and effort
involved in their award process. The Purchasing Office can give advice regarding this issue.

Contracts/supply arrangements should be subject to regular review and a note of the review retained
on the contract file held in Purchasing Services.
                              12: PURCHASING CONSORTIUM



The University of Salford is a member of the North Western Universities Purchasing Consortium
(NWUPC).

The Consortium consists of a number of commodity/service based user groups, representing most
University or Higher Education institutions in the North West of England and North Wales.

The Commodity Groups are:

                 Admin & Professional Services
                 Laboratory Supplies
                 Estates
                 Computer Supplies/Equipment
                 Catering
                 Domestic Supplies & Services
                 Stationery & Office Equipment
                 Furniture & Soft Furnishings
                 Audio-Visual Equipment
                 Telecommunications


Advantages of membership of the Consortium are:

       -   increased value for money because of bulk purchasing power;

       -   consistency of supply arrangements within the sector;

       -   'networking' of best practices within user Departments;

       -   administration resource savings due to unnecessary tender or quotation exercises.



Details of Consortium contracts or supply arrangements are included in the Purchasing Buyers
Guide.


Further information relating to the Consortium appears on the website at North Western
Universities Purchasing Consortium
                                       13. Equality Statement



The University of Salford is committed to pursuing a comprehensive policy of equal opportunities
in employment, the provision of education to students and in its dealings with other stakeholders,
internal and external customers, as well as members of the public. So far as is reasonably
practicable and within the law, no-one shall receive less favourable treatment on the grounds of sex,
marital status, sexual orientation, age, disability, nationality or ethnic origins, religion or belief or
be disadvantaged by conditions or requirements that cannot be shown to be justifiable.

The University strives to ensure services are equally accessible to everyone and appropriate to the
differing needs of all sections of the community it serves.

Equality in service delivery makes sure the services the University provides meet the diverse needs
of different groups. It does this by: ensuring the service is accessible, adequate and appropriate to
the needs of all users. The University aims to achieve a consistent approach to equality in the
delivery of all its services to both staff and students. The University also expects people working on
its behalf to practice equal opportunities. They must be clear about the University’s position on
equality and be aware of the requirements placed upon them to adhere to its policies.

The University takes a proactive approach to its obligations arising from Equal Opportunities
legislation. All organisations wishing to provide services on its behalf must be able to demonstrate
that all reasonably practicable steps are taken to allow equal access and equal treatment in
employment and service delivery for all. If they fail to do this they could make the University, and
in some cases individuals, liable to legal action.
                                     14: BUYERS GUIDE



Purchasing Services has a Buyers Guide on the Purchasing Web site with a listing of all current
contracts or supply arrangements (http://www.purchasing.salford.ac.uk/internal/buyers_guide/)

The Guide covers a large proportion of goods and services purchased by the University. Where any
necessary or regular items are purchased but not contained within the Guide, please advise
Purchasing Services.

Standard Items and Contracts

As defined in the Buyers Guide these are items normally used and purchased by all user
Departments although some items are ordered via Estates.

Purchasing Services will update the web page (additions, new contract details, etc.) to ensure that
the Guide remains current.
                             15: FINANCIAL HEALTH CHECKS



Purchasing Services has the responsibility of carrying our financial appraisals on new and existing
suppliers.

Financial appraisals will take the form of a credit report via N2Check.

Although credit reports and audited accounts provide a good indication of Suppliers financial status
or ‘health’, care must always be taken as the information can be up to 12 months out of date.

Due to the diversity and volume of University business it is not appropriate to carry out financial
appraisals on all Suppliers – this will depend on the contract value but is mandatory for all new
purchases / contracts that have been through the tender process.
                                  16: SUPPLIER APPRAISAL


It is an objective of the University to continually improve the quality of goods and services
delivered into the University by external suppliers.

Any problems arising with the supply of goods and services should always be notified to
Purchasing Services immediately to ensure they are dealt with promptly and are not allowed to
escalate. Staff in Purchasing Services are skilled in dealing with suppliers and should always be
involved in any discussions that take place.

Supplier performance on University contracts are regularly reviewed through the Contract
Monitoring process. Where appropriate, contracted suppliers will attend regular review meetings
throughout the life of the contract. The timings of the meetings will depend on the type of contract,
frequency of issues etc and will be decided between Purchasing Services, the user department and
the Supplier. Meetings may include discussions regarding the supplier’s performance and adherence
to the service Level Agreement / contract terms.
                              17: APPROVED SUPPLIERS


1.     Approved Suppliers


An approved supplier is one who has been authorised by the Head of Procurement to supply
goods and/or services in accordance with Purchasing Procedures; Selection of Potential
Suppliers (section 5) and Dealing with Suppliers (section 9).

University personnel are required to utilise the existing Supplier base for the supply of goods
and services. In considering a variation of supply a user must indicate their intention before
placing an order by completion of a New Supplier Form ( LINK) Purchasing Services will
then consider the requirements of the user, evaluate the supplier and will confirm their
decision within TWO working days. Purchasing Services will then inform the Creditors
Office within Financial Services of their decision by authorising the Application.

Purchase Orders must not be placed with Suppliers until approved by Purchasing
Services. If the user has already placed an order they must be considered in breach of
Financial Regulations.

User concerns/problems should be directed in the first instance to Purchasing Services.

The payment of Approved Suppliers shall be in accordance with the Creditor Payment
Business Rules. Purchasing Services can negotiate special terms subject to the cash flow
requirements of the University to ensure the availability of funds. Special payment terms
must then be communicated to the Creditors office before the invoice is received.
                                 18: PURCHASING CARDS




   1.   Chapter 1 - The Purchasing Card
   2.   Chapter 2 - Purchasing
   3.   Chapter 3 - Safeguarding the Use of the Card
   4.   Chapter 4 - Contacts and Useful Telephone Numbers
   5.   Chapter 5 - Processing Purchasing Card Transactions
   6.   Chapter 6 - Procedure for the Introduction of Suppliers to the Purchasing Card System
   7.   Appendix 1 - University Instructions for On-Line Auctions

Chapter 1 - The Purchasing Card
1.1 Why the Purchasing Card?

The Purchasing Card offers the University of Salford the opportunity to involve both the
focus and the flexibility of its purchasing procedures. Card users will benefit by enhancing
their ability to make decisions which will directly affect and impact on their departments,
whilst there will also be a reduction in the volume of invoices and associated paperwork All
of this will be done without compromising our control of the University’s money and, at the
same time, we will benefit from higher quality management information as supplied by the
service provider.

1.2 The Purchasing Card

The card looks like any normal credit card, embossed on the card is the following:-

       The University name
       The Card user Name and Cost Centre and Budget Code
       Expiry Date
       Card Number

A card user will not be allowed to breach the rules regarding the use of the card contained
within this document. Each card user will be notified of the credit limits applicable to the
card under their responsibility.

Chapter 2 - Purchasing
2.1 When a purchasing requirement has been identified, the card user should:-

2.1.1 Check to see if the total value of the purchase is within the transaction limit. If the item
is outside the limit, then the normal purchasing procedures are followed.

2.1.2 Check if it can be sourced by an existing supplier, who is able to accept Visa. You
should visit the Purchasing Services web pages first at www.purchasing.salford.ac.uk to
check if you can use University approved suppliers.
2.1.3 If the intended purchase meets the above criteria, the purchasing card should be used to
purchase the product or service.

2.2. Exceptions

The following cannot be purchased using the card:-

      Cash
      Petrol
      Flowers
      Online Auctions
      IT Hardware/Software



   The card should not be used with:

      Paypal
      Worldpay
      Secpay
      Staples
      PC World
      Comet
      Argos
      Ikea
      Misco
      Viking Direct
      Hobsons

Overseas travel - due to VAT implications, the card should be only be used for:

      Hotels
      Accommodation
      Travel
      Conferences

2.3 On Line Statements

All purchasing card transactions are available to view on line by card holders and it is
recommended that spend is monitored at least weekly to check for any irregularities. All card
holders must register with Barclaycards web service - an e-mail with instructions will be
issued by the administrator to web enable this service when the cards are issued.

2.4 Who can use the card

ONLY the card user may use the card and is responsible for the card details. Any breach of
this may result in disciplinary action and your card being removed. You should not allow
colleagues to use your card under any circumstances.
2.5 How to use the Card

The card can be used for:-

      Telephone/verbal ordering
      Point of sale (remittance slip / face to face)
      Booking forms
      On-line purchasing

2.6 Purchasing with the Card

You should ensure that:

      The card user identifies purchasing requirement.
      Contact the supplier to ensure that they can accept the Visa payment.
      Proceed to order goods / services quoting all relevant numbers and confirming with
       the supplier the amount of the transaction.
      The Visa voucher is sent with the goods advice note which is dispatched with the
       goods or by post in the case of a services related purchase.
      The VAT receipt must be under separate cover to the card user's address.
      Both items to be addressed to the card user and marked "Paid by Visa"
      Update card user log with all purchase details upon placement of order.
      Goods/service received - including VAT receipt. Please ensure that you include the
       actual receipt and not the credit card cardholder copy.
      Goods/service checked and reconciled to requirements.
      Receive and verify monthly credit card statement (see 2.7 below)

2.7 Problems with the Supply of Goods / Services
                           Responsibility of the Card user

If you find that the supplier cannot honour your order immediately contact the supplier
requesting a refund voucher is put through the purchasing card and aVAT credit note is
issued.

                           Does the supplier agree to issue a credit?
                             Yes                                              No
Details on transaction log and await receipt of credit, update Pursue with supplier until
transaction log.                                                agreement is reached.
On receipt of statement check credit has been included.
If credit has not been received, contact supplier to find out
when the refund voucher was processed.

NOTE: If all else fails and a credit cannot be obtained contact the Head of Procurement.
2.8. Dealing with the Purchasing Card Statement
                                Responsibility of the Card user
            On receipt of the statement ensure that you have all the VAT invoices
                                                           IF YOU DO NOT HAVE THE
      IF YOU DO HAVE THE VAT INVOICES
                                                                   VAT INVOICES
Check that the details on the statement are the same as Contact the supplier and request a
invoice details and log sheet                            copy invoice
                                     Await copy invoice

      Does the transaction log correspond to the statement?
      YES
      Are the statement details correct?
      YES
      Get your authorising person to sign and date the transaction log
      Send the transaction log to creditor payments within 21 working days
      Keep all invoices, receipts and statements within department.

Purchasing Services check the monthly statements for all purchases via the purchasing Card.
If you receive a query from Purchasing Services you should respond as a matter of urgency to
satisfy audit requirements.

2.9 Dealing with the Transaction Log
                            Responsibility of the Card user

      On the face of your log sheet, enter the following: Name, Department and Extension
       Number
      Enter each individual transaction detail onto the log
      Make sure you get a receipt/invoice for each transaction.
      Review weekly and chase suppliers for invoices not received
      Check invoice details against log details
      Keep receipt / invoice and await receipt of monthly statement
      Update transaction log with outstanding details, and keep a record of any invoices that
       do not appear and await the next statement

2.10 Checking the VAT Invoice
                          Responsibility of the Card user

On receipt of the invoice - is the following correct? (Check against entry on the log sheet):

      Items
      Quantity
      Price

                      On receipt of the invoice is the following correct?
           Yes                                              No
Attach invoice to, and     Immediately contact supplier requesting a refund voucher is put
                      On receipt of the invoice is the following correct?
            Yes                                             No
update, the log sheet      through Purchasing Card and a VAT credit note.
Chapter 3 - Safeguarding the Use of the Card
3.1 The Card user

The card user ONLY may use the card and is responsible for the card details.

      Your purchasing card must be stored in a locked fixed (not mobile) safe at all times. If
       you do not have access to a fixed safe your card must be retained by the Finance
       Division.
      It is essential that your card remains on University property at all times and is not
       stored in your purse or wallet.

3.2 Credit Limits

      The card user will be advised of their overall credit limit.
      The maximum spend on a single transaction value including VAT is £1500.00.
      You must not split transactions to avoid the single transaction limit.
      Disaggregation of spend will be reported to internal audit.
      The monthly limit for your card is £7,500
      The reporting period for this is 29th of each calendar month.
      Occasionally you may need to increase your limit which can be done almost instantly
       if the request is approved. Should the need arise please contact Purchasing Services
       directly to arrange.

3.3 Procedures

The procedures shown in this manual must be followed at all times.

If the card user has any concerns regarding the use of the card, advice can be sought from any
of the contact people in 4.0 below.

3.4. Administration Centre (Finance Division)

Finance Division will maintain a register of all card users, card numbers and locations. Any
change of location or bucket code must be notified in writing immediately.

All statements will be checked for misappropriation of University funds. Detailed analysis
data is available and will be used for control purposes by the Finance Division.

For procedure regarding misuse of the card, please refer to 3.7. For internal regulations
regarding use of the card, please refer to 3.8.

3.5. Leavers

It is the card user's responsibility to ensure that notice of their leaving is given to Purchasing
Services at the earliest opportunity. It is the responsibility of the immediate manager of the
leaver to ensure that the above information is passed to Finance Division in writing.
3.6. Unauthorised use of the Card Details.

In the event of unauthorised personnel obtaining card details

      The authorised card user must inform Purchasing Services immediately.
      The card will be stopped immediately.
      A replacement card number will be arranged and provided as soon as possible.

3.7. Misuse of the Card

The card MUST ONLY BE USED to procure goods / services on behalf of the University of
Salford by the cardholder.

Any misappropriation of University funds will be treated as GROSS MISCONDUCT and
dealt with in accordance with the University's disciplinary procedures.

3.8. Financial Regulations and Purchasing Policy

   1. The purchasing card facility must be used in conjunction with the University's
      Financial Regulations and Purchasing Policy.
   2. It is mandatory that card users will continue to place their business with University
      approved suppliers wherever possible. Internal audit will check regularly for non-
      compliance and checks will also be made against reports provided by the purchasing
      card company. Should failure to comply be detected, card users will be asked to
      officially explain their actions.
   3. The minimum penalty for continued non-compliance with either 3.8a or 3.8b will be a
      suspension of card privileges. Other sanctions may also be imposed.




Chapter 4 - Contact People And Useful Telephone Numbers
                                       Useful Contacts
                   Name                               Title                           Tel
               Mon-Yee
   General                       Finance Assistant - Purchasing                57239
               Ling
  Enquiries
               Liz Owen          Accounts Manager - Purchasing                 55017
               David Horton      Head of Procurement                           57983
               Hilary Wright     Creditor Payments - Finance                   55159
               Kelly
                                 Management Accounts - Finance                 54219
Other Contacts Millward
               Hazel Walne       Creditor Payments - Finance                   55043
                                 Company Barclaycard* Help Desk                0345
                                 (Middlesborough)                              001001

* Quote card number, name and transaction query, date and amount.
Chapter 5 - Processing Purchasing Card Transactions
5.1 Making a Purchase

Purchases can be made using a "purchasing card" following the guidelines for this purpose.
Please note that the provisions of the University's purchasing policy still apply.

5.2 Transaction log

Details of all purchases should be entered onto the transaction log at the time the purchase is
made.

A transaction log must be submitted to Creditor Payments within 21 from the date of the
statement.

The transaction log must be signed by the duly authorised signatory.

If transaction logs are not submitted within the required timescales the card will be
suspended.

5.3 Input on to AGRESSO

Transactions should be posted onto the Agresso system using one batch at month end.

The batch must be checked against the total on the statement to ensure it accurately reflects
the actual spend for the month.

Once the batch has been entered the batch number must be noted on the transaction log
before it is sent to the Creditor Payment department.

The 2228 purchasing card control account must be checked to ensure it has a zero balance
after the batch has been entered.

Any balance remaining in the 2228 account after the batch posting must be investigated and
cleared within 21 days of the statement date.

5.4 Receipt of Goods/Services

When the goods or services have been received the "goods received" column of the
transaction log should be initialled.
Similarly, when the invoice arrives (by separate cover) the "invoice received" column should
be initialled. The invoice details should be checked against those entered on the transaction
log. If the invoice is incorrect a query should be raised immediately with the supplier. If the
transaction log is wrong it should be corrected.

Copies of invoices received in respect of purchasing card transactions should be attached to
the copy of the transaction log on which they are recorded.

NB Care should be taken to ensure that these invoices are not processed onto AGRESSO.
5.5 Statement check

The statement date is the end of the month. When the statement arrives it should be checked
against the transaction log. The statement date should be entered on the log for every
transaction listed on the statement.

Any items appearing on the statement which are not on this month's transaction log (or
brought forward from an earlier month) must be investigated immediately. If they are
genuine purchases they should be entered on the log and input to Agresso. If not they must be
queried with the supplier and a credit requested.

Any items on the transaction log which do not appear on the statement should have the
statement date left blank - they should appear on a later statement.

When the check is complete the statement should be initialed, the transaction log should be
signed by the card user and the designated authorised signatory. The transaction log should
be sent to Creditor payments, not the statements or receipts.

5.6 Payments

Payments of amounts spent using purchase card will be made monthly by direct debit. The
payment will be made 7 days after the statement date.

Payments will be processed in Creditor Payments Office. The total spent by each card user
will be charged to the department's purchasing card bucket code.

5.7 Agresso input of Purchasing Card Transactions

From the main menu select as follows:

      Agresso Financials
      Accounts payable
      Payments
      Manual payments

You will now see the input screen

                                           First Stage

For the first line of the transaction, use the following procedure:

      Tab through the period and transaction date these are automatically generated
      Transaction number - tab through (generated at the end)
      The account code is 2228 (purchasing card account code)
      Cost centre - tab through
      Project code - (F9 to search if not known) - the project code of Visa payments usually
       contains Z03 - enter your 'bucket' code
      Tab to current amount - input negative amount eg. If total on the statement is £100
       (inc. VAT), type in -100
      The figure will appear in red
                                              Next

The text - it is very important that this filled in include your department, for example CPO or
Languages. Also include 'Visa Statement m/e _ _ / _ _ / _ _ _ _ Type in PCP (for Purchasing
Card Process) and the name of the company the goods were bought from.

Tab through to the bottom of the table and the information appears at the bottom of the screen

                                         Second Stage

Tab through to the start, (account code) follow the procedure as before only changing the
account code and the project code with the relevant codes to be charged

      The tax code is left at zero (even if there is VAT on the goods)
      The amount should be a positive black figure now, including VAT
      The text, again this field must be filled in. Please input the details of the supplier,
       PCP, invoice number, invoice date and the goods purchased. There is space for 50
       characters so put in as much information as possible.
      Tab down to the bottom, and the table total changes to zero.
      When the lines are balanced to zero the transaction can be saved
      Press the save button and note the transaction number on the log sheet
      Agresso will not allow you to save the transaction if the last line does not balance

Chapter 6 - Procedure for the Introduction of Suppliers to the Purchasing Card System
6.1 First Contact

Card users should first check that their primary suppliers are VISA capable.

6.2 Register of VISA capable suppliers

Purchasing Services intends to keep an up-to-date register of all regularly used, VISA
capable, University suppliers who will be placed on the University web pages. Card users are
advised to check this list prior to contact with a supplier.
                        19: NEGOTIATION BRIEFING NOTES


Why negotiate
As we are spending taxpayers money, we are publicly accountable and must ensure
that value for money is obtained. Negotiation is one method of achieving this. Also
savings made enable budget holders to gain more from typically decreasing budgets.

When conducted with integrity and professionalism negotiation is a perfectly logical
step in the procurement process. It must be carefully planned and managed so that
confidence and trust in the purchaser (which in the longer term translates into better
value for money) are always retained. Suppliers who realise that their customer always
wishes to negotiate will invariably add a little on to their price to compensate.

Conducting a basic negotiation
A negotiation strategy should be developed prior to the negotiations taking place.
Analysing information, identifying objectives, formulating a strategy and ensuring that
you are authorised to conduct the proposed negotiations will help you to negotiate
from a position of strength and achieve an effective result. Ensure you differentiate
from facts and assumptions.

1. Pre-Meeting Strategy Development
   When creating your strategy consider all potential items for negotiation and ways
   in which the University’s needs may be met. Consider also the current market
   trends and the suppliers current and future business situation e.g. seasonal
   variations, current financial standing and market strategies. Analyse the faults of
   suppliers products, even if they are unimportant to the purchaser, getting the
   supplier to identify / confirm weaknesses can put the balance of power on your
   side. Considering many options will allow you to change tack during negotiations if
   necessary.

   1a. What to negotiate

       Price (except in EU contracts)
       supply and cost of spare parts
       earlier delivery/completion dates
       warranties/guarantees/maintenance/repair/after sales service
       compensation for failure to meet specified requirements.
       quantity/educational discounts. This list is not exhaustive, it is a concept of
       purchasing that “everything is negotiable”.

2. Meeting - Introduction

   Home ‘turf’ is always useful, familiarity with environment and information to hand
   offers a position of strength from which to conduct proceedings. The meeting
   should commence with an introduction, giving background information and gently
   leading up to points to discuss. Allow suppliers time to talk, you can pick up useful
   information prior to negotiating.
3. Meeting - Discussion

  Commencing the process of discussion, start with items you will find easy to agree
  on to build a relationship. Suggest a break if things become difficult or
  deadlocked.

4. Tactics

  Ask suppliers what you could do to improve your dealings with them, there may be
  something important to them which involves little effort on your part. Such
  concessions can dramatically improve a supplier’s impression of the University as a
  customer.

  Salespeople are highly trained and motivated to fend off their competitors and win
  your custom so be on your guard.
  Avoid situations where a supplier knows they will get an order. This can occur
  when they have the best product to meet our needs, deadline date or because an end
  user has advised them!

  When undertaking team negotiations ensure that all members are aware of their
  role in the negotiations and the tactics to be deployed.

  Ask for cost breakdowns to include the profit margin, labour and various product
  components. This enables comparison between suppliers, which you can then use
  to query any anomalies.

  Recognise suppliers strengths and weaknesses in relation to your requirements.
  Ensure that your weaknesses are played down, put in a positive light, or not
  disclosed at all. Make more of the suppliers weaknesses and less of their strengths.
  Make more of your strengths. Think not of how little your concessions mean to you
  but of how much they may mean to the supplier.

  Reserve your position until you see the full scope of the proposed deal. Never agree
  point by point. Using conditional language e.g. if... then perhaps ... can assist you in
  this. Try not to concede without gaining a concession from the supplier, always
  SOMETHING FOR SOMETHING! Observe how the supplier negotiates and
  adjust your tactics accordingly, or choose to take the lead.

5. Meeting - Close

  Once agreement has been made summarise the points and method of
  implementation. Make an effort to leave the supplier with some satisfaction at the
  completion of a negotiation. Such satisfaction may be nothing more than
  understanding why it has been necessary for him to make concessions. Aim for a
  ‘win win’ situation.
6. Ethics
   Contracts for the supply of goods and services do not have to be in writing to be
   legally enforceable and so great care must be taken during any negotiations to avoid
   entering contracts orally.

  Negotiation should not be conducted in ways, which put suppliers at a
  disadvantage, distort competition or adversely affect trust in the procurement
  process. Avoid Dutch auctions and empty threats and ensure suppliers are treated in
  an honest, fair and ethical manner whilst retaining confidentiality of their bids.

  Exercise of control on all types of information, only partially revealing or choosing
  only that which is suitable for your purpose, is a perfectly legitimate tactic. Care
  should be taken however to avoid leaving bidders with a misleading impression,
  otherwise the failure to supply the information may be held to be a
  misrepresentation by omission.

  If discussions regarding bid clarification result in an exchange of further
  information to one or more of the suppliers it is imperative that the same
  information is given to all bidders.

  Negotiations must be fully documented so that a clear audit trail is left.

  Those suppliers who have been unsuccessful should be given constructive feedback
  to assist them in becoming more competitive for future requirements in the interest
  of market forces.

  For negotiation to be effective both parties must foster a relationship that is based
  on trust, fair dealing and respect for each others viewpoint.

7. Post Tender Negotiation

  Post Tender Negotiation must only be undertaken with a member of Purchasing Services.
           20: PURCHASING GUIDANCE NOTES WHEN BIDDING FOR FUNDS



Below are a number of ‘key’ points that will have to be considered and acted upon when
University staff are bidding for funds to purchase equipment and services. It is important for
‘bidders’ to recognise any mandatory requirements as they could affect the timeframe and
procurement process if the bid were to be successful.

University Financial Regulations
All purchases for equipment and services are subject to the University’s Financial
Regulations.
Headline Regulations are,

      Purchases up to £5k – estimated price
      Purchases £5k to £50k – a minimum of three written quotations
      Purchases £50k to £100k
      Purchases £100k to £156k
      Purchases greater than £156k, subject to EU Procurement (tender) Regulations (see
       below). – allow a minimum of six months for this process


Statutory Requirements
All purchases for equipment and services over the value of £156k that could be aggregated
or purchased from a single supplier will be subject to EU Procurement Regulations.
What does this mean?
     Each procurement is subject to statutory regulations and timetables.
     For an ‘open’ tender all applicants must receive a tender pack. The tender timeframe
       is a minimum of 52 days.
     The specification must be generic and must not include any artificial ‘lock out’
       barriers to competition within the specification i.e. quoting any ‘brand names’.
     Every supplier must be treated equally and fairly.

If the EU Tender Regulations are NOT followed precisely then the University may be
challenged in a court of law and if found guilty could be fined up to the value of the potential
contract.


External Requirement and Good Practice Purchasing
Most external funding agencies now impose procedures on bidding institution. These will be
a combination of strict procedures or good practices. Organisations such as HEFCE, the
Research Councils and the Wellcome Trust all insist the proper tender regulations are
observed and ‘whole life costings’ are included within the bid and procurement process.
Most agencies now insist the institution Purchasing Office is included within the process and
sign off the bid/procurement documentation. Failure to do so may result in the bid not being
accepted or funds being denied.
What is ‘whole life costing’?
Whole life costing asks that the purchase of equipment or a service be costed through to the
end of the expected life of the equipment or project. This will include but not limited to,

      Initial purchase cost
      Delivery and implementation costs
      Consultancy, manuals and Training
      Annual maintenance and licensing costs,
      Consumables and spares
      Upgrades
      Insurance
      Resale or trade in value

It is important that Purchasing Services is included early on in the bid process as they can
advise in more depth, the various requirements involved in a ‘high value’ purchase.
                     21. CONSULTANCY



CONTENTS




1. FOREWORD


2. PRINCIPLES


3. FINANCIAL REGULATIONS


4. THE PROCESS


5. GUIDELINES

6.   METHODS OF PAYMENT




ADVICE ON DIFFERENTIATION BETWEEN EMPLOYEE AND SELF-
EMPLOYED STATUS
1. Foreword

THE PURPOSE OF THIS DOCUMENT IS TO PROVIDE GUIDANCE TO THOSE MEMBERS OF
STAFF INVOLVED IN THE DIFFICULT TASK OF HIRING EXTERNAL CONSULTANTS TO
UNDERTAKE WORK ON BEHALF OF THE UNIVERSITY. THE FOLLOWING CHECK LISTS,
PROCEDURES AND PRINCIPLES WILL PROVIDE COMPLETE ASSURANCE IN THE SAFETY
OF THE PLACEMENT OF A CONSULTANCY.


PLEASE REMEMBER THE PURCHASING OFFICE ARE ALWAYS AVAILABLE TO ASSIST AND
CONTACT SHOULD BE MADE WITH THE HEAD OF PROCUREMENT ON EXT. 57983 IN THE
FIRST INSTANCE IF ANY MEMBER OF STAFF WISHES TO TAKE ADVANTAGE OF THEIR
EXPERTISE IN THIS MATTER.


The aim of this document is to improve the quality of consultants’ reports as a management
tool by laying out the University’s expectations, highlighting best practice and documenting
the risks associated with consultant reports and presentations.

In general terms, as part of a broader management framework, consultant reports, like all
other elements of such a framework, must be subject to and demonstrate value for money,
risk awareness, audit ability and a connectedness to corporate planning and strategic
priorities.

In specific terms the outputs of such consultant contributions should demonstrate objectivity,
rigour, validity, reliability, coherence and focus.

These general and specific considerations are directly related. A consultant’s report which
lacks validity will lack value for money. Similarly a review which lacks objectivity is
unlikely to contribute satisfactorily to risk assessment or mitigation processes.

The cost of ineffective or flawed consultancy is potentially not just the fee paid for the
consultancy work but the business cost of poor decisions made on the basis of such
consultancy.

All consultants’ reports are different and the commissioning conditions and briefs can vary
significantly. There is no single correct way to carry out effective consultancy. However, the
University is committed to maximising the quality of decision making generally and is
focused therefore on establishing best practice in relation to those reports it commissions.
The following set of principles indicates a set of expectations to which all consultants and
commissioning mangers should adhere. Promotion of these principles and raising awareness
of the issues they address, both internally and to potential consultants, is designed to raise
standards of consultancy reports and improve decision making.
                                            POLICY

2.0 Principles

2.1       All consultancies will be expected to adhere to a professional Code of Practice
          This will be either the MCA (Management Consultancies Association) Code of
          Professional Conduct or equivalent1. Additionally all consultancies shall adhere to
          the University’s policies on diversity and equal opportunities in all work and not just
          such work which has diversity as an explicit element of the brief.

2.2       All consultancies will be appropriately commissioned.
          This means that all commissions will be consistent with the University’s Financial
          Regulations and will normally incorporate the model contract for consultants issued
          by Financial Services.

2.3       All consultancies will have a clear brief
          This means that all consultancies will have as a minimum a written statement of

         The scope of the work with relevant terms appropriately defined
         The methodologies and instruments to be used (e.g. survey, interview, focus group
          etc)
         In the case of survey work the population from which the sample will be drawn and
          the sampling frame.
         A stated link to University Strategy (e.g. Corporate Plan, Risk Register, VFM
          schedule or equivalent), and previous relevant documents and research work where
          known.
         Who is commissioning the consultancy and to whom the outputs should be delivered
          in the first instance
         The nature of the outputs (reports, presentations etc)
         The time frame for final report and any intermediate drafts to be delivered

          Utilising the Standard Contract for the Purchase of Consultancy will cover all of the
          above requirements.


2.4    All quantitative surveys will be reliable, valid and appropriately executed and
reported.

          This means that

         Survey questions will adhere to social science good practice and questions or items
          should be both reliable and valid.

         Appropriate confidentiality and informed consent must be exercised.
         Statistical analysis should be decided prior to data collection.

         Samples used in surveys should be representative of the population defined in the
          brief. Large samples can still be unrepresentative. The sampling method should be
          clearly defined and will normally be randomly determined (involving stratification
          where appropriate). Where there is weighting of samples by key population variables
          to yield better population estimates, this should be clearly documented and justified.

         Where appropriate and feasible, new or bespoke question sets should be piloted prior
          to full survey.


2.5       All statistical results reported in surveys should be accurate, comprehensible to
          the intelligent lay reader and should not be misleading or overstated.

          This means that statistical findings should be presented clearly and rooted in the
          actual data. Comparative statistical judgments should reflect normal standards
          associated with inferential statistics. Survey response rates and any significant issues
          in validity arising from unsatisfactorily low response rates or potentially skewed
          response rates must be fore grounded.

          Specifically this means that:

         Where comparisons are the focus of a sample survey, differences should normally
          only be highlighted where they are statistically significant (normally at 5% level of
          significance but there will be exceptions).

         Tables which report means across groups (with or without claims of statistically
          significant differences) should also report measures of dispersion such as standard
          deviation.

         Nonparametric statistics should be used where more appropriate than parametric
          statistics. Parametric statistics should not be used where normal parametric
          assumptions are violated, with particular care and attention to Likert study data.

         Sub sample analyses should be reported with caution particularly where sub sample
          sizes are small.

         Statements which are only true of a sub sample should not be presented as being true
          of the sample as a whole. Equally, statements which are true of the sample as a whole
          should not be presented as true only of a sub sample.


2.6       All surveys should be auditable and reproducible
          This means that raw data, appropriately anonymized, should be available for any
          other party nominated by the commissioning manager to check statistical
          assumptions, calculations and inferential assessments as appropriate. The University
          will normally carry out an ‘evidence trail’ for a small number of selected specific
          conclusions in each final report (see below).
2.7       All qualitative surveys and associated reports will be clearly identified as such
          and conclusions presented appropriately.

          Focus groups, interviews and desk (document) reviews can make a significant
          contribution to policy or organizational development and review. They are able to
          identify emerging themes, patterns, perceptions and narratives. Appropriately
          designed and executed they can provide thought-provoking suggestions and
          possibilities which other methods fail to identify. However, such methods by their
          very nature are open to the dangers of subjective interpretations, incomplete
          summation and ‘spin’. There is no reason in principle why these difficulties
          cannot be overcome. Research suggests that such methods are least useful when the
          consultant is unfamiliar with the vocabulary, cultures and practices of the target
          population. This presents a particular challenge to consultants who can in principle
          add value through externality and disinterest. In practical terms such methods present
          further difficulties since (i) confidentiality and an ethical treatment of the participant’s
          contribution are paramount (ii) participants are not anonymous to the consultant, (iii)
          the elicitation of the participant’s views is conversational, (iv) in the case of focus
          groups, the participants’ contribution can reflect peer pressure and (v) in some
          settings more vocal and more confident participants can generate more content and be
          more influential. In some settings this can lead to some views from minority or less
          powerful respondents being excluded and undervalued. Consultants should
          demonstrate awareness of these limitations and put conclusions and recommendations
          in an appropriate context. Presentation of results of qualitative research is an area of
          particular difficulty due to the role of subjectivity, individuality, and particular
          circumstances in which the views of participants are solicited. Normally, the
          University will expect such methods at the early stages of a review to identify the
          areas meriting further structured assessment through surveys or other methods.

          Qualitative methods can support a wide range of activities and can add value on
          topics during periods of change or which are subject to multiple stakeholder
          perspectives.

          This means that

         Data from interviews and focus groups should not be presented as though they had
          been collected via a quantitative survey.

         Summaries, conclusions and recommendations based wholly or principally on
          qualitative methods should normally indicate areas or issues for further systematic
          structured work or robust analysis rather than be offered as definitive statements of
          stakeholders’ views in general.

         Consultant research involving qualitative methods should indicate how they have
          sought to ensure that issues around anonymity, ‘conversationalism’, peer pressure and
          inclusion have been addressed. It is acknowledged that these issues can never be
          entirely eliminated but conclusions should reflect that fact.

         Conclusions in qualitative research should be derived from the data as systematically
          as with quantitative research. Clear contemporaneous notes should be made at the
          point of elicitation of participants’ views such that they can normally be distinguished
          from any subsequent interpretative work done on such notes.

         It is good practice particularly in interview methods to allow the participant to check
          that the interviewer has correctly recorded the views expressed. This can be done by
          presenting a brief summary of main points.

         Consultants should be able to demonstrate how conclusions and recommendations
          follow from the data. The University will normally carry out an ‘evidence trail’ for a
          small number of selected specific conclusions in each final report while respecting the
          confidentiality of the data.

         Vague or casual statements such as ‘The view was expressed that X” or “Some
          respondents did not wish to comment on topic Y” add little value and should be
          avoided. Ideally the percentage of respondents in interviews indicating a specific view
          should be highlighted where a precise question is asked and answer given. However,
          this should not be used to give the impression of quantitative rigour where this is not
          valid. Clear statements of “small minority”, “large minority” [i.e. less than half],
          “majority”, “large majority”, “almost all” or “all” should be used. If other
          conventions are used they should be clearly flagged up. Whatever conventions are
          used they should be used consistently.

         Reporting specific quotes from participants can be a good way a highlighting a key
          issue in a manner which captures attention and help the reader relate to a perspective
          other than their own. However there is a danger that these can skew perceptions
          inappropriately. ‘Illustrative’ quotes should be used sparingly and should be
          representative. Report writers should avoid the temptation to foreground dramatic,
          extreme, witty or pithy comments when they are not representative of majority
          opinion2.

         Statements which are only true of a sub sample should not be presented as being true
          of the sample as a whole. Equally, statements which are true of the sample as a whole
          should not be presented as true only of a sub sample.


2.8       All consultancies will be evaluated and subject to audit
          As part of a commitment to continuous improvement, the University will assess the
          extent to which a consultancy brief has been met through a report from the
          commissioning manager normally to the commissioning managers own manger.
3.0   FINANCIAL REGULATIONS


3.1   the financial regulations of the university apply to all consultancy contracts let by the
      university. particularly important are those regulations pertaining to competition and
      proof of value for money specifically:


      (a)    contracts over £5000 are let following at least three quotations being obtained.


      (b)    contracts over £50,000 are subject to a formal tendering process involving a
                    minimum of five suppliers.


      (c)    contracts over £156,000 are subject to an eu tendering process and the
             university’s approved authorisation levels.


      where such conditions apply that compliance with a) or b) is not possible or
      impracticable then the approval of the director of finance, via the head of
      procurement must be obtained prior to the placing of any purchase order or contract
      (see 3.5). EU tenders are a legal requirement and as such the requirement cannot be
      waived.

3.2   CONTRACT SIGNATURES


      please refer to the delegated financial authority

3.3   TEACHING SERVICES, AND CONTRACTS INVOLVING MEMBERS OF STAFF


      if it is proposed that existing staff members undertake additional duties outside their
      job description, then advice should be sought, in the first instance, via human
      resources, given that it is not university policy to engage existing staff on consultancy
      contracts.

3.4   STANDARD CONTRACT


      the document “service level agreement” must be used for all consultancy contracts
      over £1,000 in total value (repeat contracts where the sum of the parts is over £1000
      also require use of the contract). requests for assistance with variations or prospective
      alternative contracts should be addressed initially through the head of procurement
3.5   SINGLE SOURCE TENDERS OR QUOTATIONS


      the financial regulations require that all contracts let between £5,000 and £50,000 are
      subject to the three-quotation rule. in the unlikely event of only one quotation being
      obtained, a full written explanation stating the reasons for this should be sent to the
      head of procurement prior to any contract or order placement. the head of
      procurement will approve such contracts upon receipt of valid explanations.

3.6   RELATIONSHIP WITH PROSPECTIVE SUPPLIERS


      all members of staff are reminded of the university requirement for full disclosure of
      any personal relationships with prospective suppliers at the earliest possible juncture.
                             4.0 The Process: Hiring of
                                    Consultants



                                            Prepare
                                          Specification


                                    Check if internal
                                    resources are available

                                             OVER
                                            £50,000?             Yes
                              No

                                                                       Contact Purchasing Office to
Send specification to prospective
                                                                          arrange formal tender
consultants requesting quotation
 (minimum of 3 written quotes
            required)                    Receive and Assess
                                             Responses


                                        Meet with successful
                                        candidate to discuss

                                     Prepare contract and send
                                     to Head of Procurement


                                       Send signed contract
                                       to consultant to sign


                                        Once returned raise
                                        PURCHASE
                                        ORDER

                                     Monitor contract
      As part of a commitment to continuous improvement, the university will assess the extent
      to which a consultancy brief has been met through a report from the commissioning
      manager, normally to the commissioning managers own manager.
      GUIDELINES

5.1      INTRODUCTION
         the process of hiring external consultants can be difficult and resultant success of the
         consultancy can hinge on the strength, accuracy and arrangement of detail in the
         contract and contracting process.

5.2      SPECIFICATION
         the specification is a crucial part of any consultancy contract. this should contain:


         1.       a full brief for the prospective consultants outlining the university’s
                  problem/needs/requirements.
         2.       detail of the scope and type of advice required from the prospective
                  consultants.
         3.       detail of any constraints which the university wishes to place on the preferred
                  solutions.
         4.       lists of tasks which must be performed by both university and prospective
                  consultants.
         5.       timescales for the consultancy contract including expected start and
                  completion dates.
         6.       a list of expected tangible deliverables from the prospective consultancy (see
                  points 4.7.1 and 4.9.1 for further details)
         7.       references where appropriate.



5.3      INTERNAL RESOURCES
         once the specification document is complete, it is very important to consider the
         possibility of internal university resources providing solutions to the consultancy
         requirement.

5.4      PREPARATION FOR INVITATION TO QUOTE/TENDER
         5.4.1. the financial regulations of the university dictate the route that should be
                followed as the next step. requirements where expected expenditure will be
                less than £50,000 can be covered by an invitation to quote. requirements
                above this figure are subject to a formal tendering requirement.


         5.4.2. invitation to quote will normally be instigated by letter. a copy of the
                specification and a copy of the standard sla should always be sent with the
                letter. (
               THE LETTER SHOULD ALSO CONTAIN THE FOLLOWING STATEMENT:
               “any contract for consultancy resulting from this invitation will be covered
               only by the terms and conditions attached. other terms and conditions will not
               be accepted.”
               this has the effect of imposing the university contract at the earliest possible
               stage and responses can then only be sent subject to our terms and conditions.


      5.4.3.   the letter should also formally request that the prospective consultant sets out
               in full all charges for undertaking the work including:


               1.     a basis for the quoted fees.
               2.     a statement of total fees
               3.     expenses: wherever possible all expenses should be an inclusive item
                      of the total fees. wherever this is not possible, see note 4.11.1 for
                      further advice.

      5.4.4    When engaging with an external consultant it is important to establish whether
               he/she is VAT registered. If the consultant is VAT registered, VAT at 15%
               will be incurred on the services supplied to the University, in most
               circumstances. In most cases the VAT will be a cost to the University (as the
               University cannot recover all of the VAT it incurs), and therefore this needs to
               be considered when determining the cost of a project. It is important to check
               the service contract with the consultant to determine whether the fees charged
               are VAT inclusive or exclusive. Where the consultant is not VAT registered,
               no VAT will be charged on their services to the University.



      5.4.5.   formal tenders are dealt with exclusively by the purchasing office and the head
               of procurement will have responsibility for ensuring the contract is sound and
               complete i.e. minimising risk whilst ensuring expected benefits are delivered.
               contact should be made at the earliest possible opportunity (extension 57983)
               to commence the tendering process, which can take up to 6 months.

5.5   THE TENDERING PROCESS
      there are several advantages and some misconceptions regarding the tendering process
      where some clarification is beneficial:


      1.   the actual tendering process need not be a long process, and indeed can be faster
           in some cases than a quotation exercise.
      2.   after the production of the specification, the purchasing office will undertake all
           the work up to the point of assessing tender responses.
      3.   the formal tendering process can be used for any value of contract over £50,000
           and can in certain instances be used for values below this amount.
      4.   there is greater security and safety in the tendering process in that it forces
           suppliers to be very exact in their response.
      please consult with the head of procurement who can advise upon the tendering
      procedures (which can be found on the purchasing services web site) for further
      information and assistance.




5.6   ASSESSMENT OF RESPONSES


      5.6.1. assessment of responses to either a tender or quotation exercise should be
             carried out against standard value for money criteria or technical merit as
             detailed within the specification.


      5.6.2. it may be necessary and in some cases advisable to request the potential
             supplier to undertake a verbal presentation regarding their submission, in order
             for both parties to clarify points and aspects of the intended contract. this is
             however entirely up to the individual or working party overseeing the
             assessment part of the process.
5.7   MAKING A CONTRACT
      prior to award of contract, it will be necessary to undertake some final negotiation
      with the prospective consultant. points which require address could include:


      1.   method of authorisation for any additional work above the billing (invoicing)
           agreed for the original contract (if necessary).
      2.   method of payment and billing.
      3.   agree firm deliverables with the prospective consultant against which the success
           of the consultancy can be measured (see schedule a of the consultancy
           agreement).
      4.   confirm timescales (see schedule a of the consultancy agreement)
      5.   do you require the consultant to be exclusive to the university or to prevent them
           from supplying similar services elsewhere? if so contact the purchasing office
           who will obtain legal advice on your behalf.

5.8   CONTRACT AND SIGNATURE
      5.8.1. once both parties have agreed to all aspects of the consultancy and prior to
             raising a purchase order, a consultancy agreement should be completed and
             sent to the head of procurement (see standard sla) who will arrange director of
             finance signature (refer to ‘authorisation levels’).


      5.8.2. once signed the contract should then be sent to the supplier for signature and
             following return a purchase order can be raised and issued.
5.9    MONITORING OF CONSULTANCY
       it is important at stages of consultancies (particularly those of length in time) to assess
       progress against deliverables, timescales and costs. it must be remembered that the
       consultant has contracted to provide a timely and full service and any payment for
       service rests and should be linked to your satisfaction with the results. a timely
       warning if it is felt that targets are not being achieved may well rescue a situation,
       turning a poor result into something more acceptable. critical but constructive
       honesty should be welcomed by most consultants. therefore, monitoring or contract
       review meetings should always form part of the contract.

5.10   CONTRACT EXTENSION
       any contract extension will necessarily change the terms and/or circumstances of the
       original contract. the change could be in respect of payment, fees, agreed delivery
       time, agreed deliverables, reporting mechanisms etc. the safest way of dealing with
       this on a contractual basis is to agree and raise a new contract stating the new
       arrangement. any contract extensions shall be in compliance with the university’s
       financial regulations and eu tender regulations.

5.11   TRAVEL EXPENSES
       travel expenses should always be negotiated into the contract sum agreed to be paid to
       the consultant. on rare occasions this is not possible and it will be necessary to agree
       to pay daily travel and subsistence expenses on top of the contract sum. staff are
       advised to use the current university travel expense allowances for staff as a guideline
       to what can be considered a reasonable basis for negotiations, noting that expenses are
       revised annually. it is also important to constantly monitor all consultant expense
       claims insisting that receipts are rendered with each invoiced claim

5.12   ASSISTANCE
       every form of assistance with any and all aspects of this contracting process is always
       available from purchasing services.


6.0    METHODS OF PAYMENT

       there are only two methods which should be used to facilitate payment to suppliers,
       these being an agresso purchase order / invoice or procurement card. when contracting
       with consultants the preferred method of processing a payment will be through the
       agresso purchasing/finance system, by the receipt of an invoice from the consultant.
         Advice on Differentiation Between Employee and Self-Employed Status


Firstly, it must be emphasised that the distinction between a contract of employment and a
contract for services is very important. It affects whether a person is liable to pay income tax
under PAYE, the level of National insurance contributions paid, whether a person is entitled
to Statutory sick pay and whether the person has the employment protection and other rights
of an employee. The difficulty for employers in making this distinction is that even when
both parties explicitly agree that the contractual relationship between them is to have the
status of a contract for services rather than be governed by a contract of employment, this
agreement could be challenged by HMRC. Such a challenge could involve HMRC imposing
expensive financial penalties. In some purported self-employment cases the HMRC has
claimed arrears of PAYE from the employer on the grounds that the reality of the relationship
was that of employer and employee under a contract of employment. The University wishes
to minimise the risk of this situation arising and, accordingly, wishes to ensure that the
contractual arrangements entered into correctly reflect the status of that relationship as either
one of employment or self-employment.

This issue is not merely of hypothetical interest. In a recent case a University had to defend
itself at an Industrial Tribunal case brought by a person formerly engaged by that University
on a self-employed basis who claimed that in reality he was an employee of the University
and should, therefore, enjoy specific employment rights and protections. Correspondence was
also issued to the same University from the HMRC querying the self-employed status of
another individual paid by the University on a consultancy basis.

Unfortunately, there is no simple checklist of factors which allow the distinction between the
two categories of contractual relationships to be safely made. The courts have made
judgements on individual cases based on an overall assessment of all the relevant factors in a
particular case, accepting that not all the relevant factors are of equal weight or importance in
any given situation.

Being employed or self employed in one job does not mean that a person will have the same
status in another job. A consultant could be employed and self employed at the same time. It
is the responsibility of those engaging consultants to ascertain the correct status.

The HMRC do have a useful online tool to try;
https://esi2calculator.hmrc.gov.uk/esi/external-cod.html which provides a series of questions
for you to answer, and then provides a guide to the consultants status.

Employed or self-employed?

A consultant answering ‘Yes’ to all of the following questions may indicate employee status.
1. Do you have to do the work yourself?
2. Can someone tell you at any time what to do, where to carry out the work or when and
   how to do it?
3. Do you work a set amount of hours?
4. Can someone move you from task to task?
5. Are you paid by the hour, week or month?
6. Can you get overtime pay or bonus payment?

A consultant answering ‘Yes’ to all of the following questions may indicate self-employed
status.

1. Can you hire someone to do the work for you or engage helpers at your own expense?
2. Do you risk your own money?
3. Do you provide the main items of equipment you need to do your job, not just the small
   tools many employees provide for themselves?
4. Do you agree to do a job for a fixed price regardless of how long the job may take?
5. Can you decide what work to do, how and when to do the work and where to provide the
   services?
6. Do you regularly work for a number of different people?
7. Do you have to correct unsatisfactory work in your own time and at your own expense?

The general advice is that wherever there is an element of ambiguity about the status of a
proposed contractual relationship the University should commission the work under a
contract of employment so as to eliminate vulnerability to subsequent challenge by either the
HMRC or the DSS in respect of PAYE contributions or National Insurance contributions
respectively. Please do not hesitate to contact Sara Lee, (Payroll Manager) (x 54193 /
s.a.lee@salford.ac.uk) whenever you are in need of advice as to the appropriate nature of any
proposed contractual relationship.

Finally,

All formal offers of employment and contracts of employment may only be issued by Human
Resources (with the authority of the Head of Service).

and

When you propose to enter into a contract for services you must first send a new supplier
account request to the Purchasing Office.
                          22. Environmental Statement
The University of Salford is constantly striving towards reducing the University’s impact on
climate change as well as tackle issues such as resources efficiency, waste minimisation and
environmental awareness.
Sustainability should be considered as part of its value for money process and environmental
issues should be considered in the procurement of supplies, services or works.
Environmental responsibility should be a factor in procurement decisions. The University is
committed to:

Preventing pollution and promoting the protection of the environment and minimising the
impact of all activities on the environment;

Contributing to a sustainable and healthy future by conserving natural resources and
minimising avoidable waste and pollution;

Implementing effective waste management through reuse and recycling procedures and the
purchase of recycled and recyclable material where possible;

Consider goods and services which may be manufactured, used and disposed of in an
environmentally responsible way;

Give preference, where items are of a similar cost, to those that are manufactured with a high
recycled content or are environmentally preferable;

Consider whole life costs and impacts when assessing equipment for purchase, such as:

Manufacture, transport and installation;

Operating costs including energy, water use and maintenance;

End of life costs including decommissioning and disposal.

Work proactively with the local authority, the North Western University Purchasing
Consortium, other universities and the community at large to progress sustainable
procurement initiatives and exchange best practice;

Minimise any adverse environmental impact of any new University development and major
renovation, and ensure sustainability is included in the design of new buildings;

Work with suppliers to make them aware of the University’s Environmental Procurement
Policy and ensure the environmental credentials of suppliers;

Training and the raising of awareness of staff to ensure they consider environmental issues in
procurement decisions;

Ensuring that wherever possible sustainability issues are integrated into the specification;
Where legitimately permitted consideration of other sustainability issues such as the
procurement of ethical and Fairtrade goods and services.
                                                                        23: PURCHASING FLOWCHART




                                                      Does a contract exist for the goods/services you wish to purchase?


                                                           Don’t know                              No
                                 Yes
                                 Place your order by        Check on Purchasing Services website   How much are you
                                 Purchasing Card or on     buyers guide                            spending singly or
                                 Agresso                                                              cumulatively
                                                                                                    excluding VAT?

Purchasing Card         Agresso                                                                             Up to £100   £100 - £5,000       £5,001 - £50,000   £50,001
Typically used for      Ensure supplier set up on Agresso before ordering. To set a supplier                                                                    upwards
stationery, mobile      up complete form1 and email to purchasing.                                          Petty cash   Obtain an           Obtain 3 written   Tender
phones and any “low                                                                                         or the       estimated price     quotations and     procedure
value, one-off”         Your order should contain:                                                          Purchasing   from the supplier   EG2 process         contact
purchases. Generally        Price                                                                          Card                                                Purchasing
limited to £1500 per        Delivery date                                                                  should be                                           Office
transaction and £7000       Delivery charge if any                                                         used.                                                as soon as
per month                   Delivery address                                                                                                                    possible for
                            Detail your name and tel no for queries                                                                                            advice
                            Anything the supplier wishes you to quote on your order eg
                                ref no’s.

                        Ensure that you only trade on the University’s terms and conditions.
                        If a supplier wishes you to accept their conditions contact
                        Purchasing.
                 24. Information Technology Procurement Policy

Purpose

The purpose of this policy is to provide a framework for the procurement of all IT hardware, software,
and any externally hosted systems or software for the University.

Introduction

The University has agreed standards in place for desktop software, operating systems, computer
networks and computer hardware and peripherals. This standardisation is essential as it allows the
University’s IT Department to provide a quality service. The main benefit areas are:

       ITS Support Staff are familiar with hardware and peripherals, thus speeding up fault finding;

       The ITS Department is able to stock standard spares in order to reduce down time;

       Network, software and hardware installations are planned and coordinated centrally by
        experienced network engineers;

       IT staff with relevant skills are recruited.

This policy outlines the procedures that must be in place to achieve these benefits and to ensure the
purchase, delivery and installation of IT equipment is coordinated successfully. This policy has been
developed in conjunction with the University’s Purchasing Department.

Software and Hardware Purchasing Guidelines:

The ITS Department is the sole authority for placing orders for IT software and hardware on behalf of
the University regardless of the source of funding. All IT related purchases will need to have full
approval and authorisation prior to requisitioning. All IT related hardware and software will be
specified by the ITS SMT. Hardware and software cannot be purchased without approval by ITS

All requests for purchasing of equipment or software, whether as individual items or as part of a
larger project, must be sent to the ITS Service Desk who will process the request as per the ITS
process.


        • ITS will make a decision whether to approve, decline or amend the requirements for the
        purchase of the equipment;

        • If equipment or software is declined or changed, ITS will provide a brief explanation to the
        requesting manager for the decision; IT Services will keep the customer informed of the
        decision and the outcomes if ordered.

        • If the equipment is approved or changed then ITS will order the equipment directly with
        supplies; Where equipment is authorised and ordered, an installation window will be
        proposed, however this may change according to IT priorities;

The ITS Department has a standard set-up procedure for new hardware, software and systems. This
procedure ensures the equipment is configured correctly and that all IT security measures are
addressed. This includes the set up of passwords, anti-virus software and security marking the
equipment and adding the UoS asset management database;

The ITS Department will not install software or hardware unless it has been involved in the
specification of both. Hardware and software cannot be installed by non-ITS staff.

The ITS Department will ensure that all of the University’s IM&T policies, procedures and SOPs are
followed when setting up software and hardware.

Installation of replacement equipment will be given priority over new equipment in order to maintain
continuity in the existing service.

External IT Services Purchasing Guidelines:
External IT Services include: Hosting of software, accessing third party software (except via the
internet), maintenance / support services and any other third party supplied IT related service
including consultancy.

All requests for External IT Services must be sent via the ITS Service Desk


      ITS is the sole authority for placing orders for External IT Services

      ITS will make a decision whether to approve, decline or amend the requirements for
        purchasing of these services.

      If external IT Services are declined or changed, ITS will provide a brief explanation to the
        requesting manager for the decision; IT Services will keep the customer informed of the
        decision and the outcomes if ordered.



Substantial IT Investment (>£100k)

Purchases involving substantial IT investment (>£100k) must be authorised by the IT Governance
Group (ITGG).


    •    Applications for this size of project should follow the normal route via the ITS Service Desk
         who will pass the request initially to the ITS Programme Management Office (ITS PMO)

    •    ITS PMO MUST be consulted as part of the Business Case preparation as they will advise on
         the best solution and ensure that it meets user requirements, represents best value for
         money, is compatible with current UoS infrastructure requirements and fits with the overall
         UoS Strategy. ITS PMO will help in the production of the relevant Business Case for
         submission to ITGG as appropriate.

    •    Funding for projects of this size must have been budgeted and authorised by Capital
         Investment Group prior to submission to ITGG for approval.

    •    Once ITGG has approved the proposal and prioritised the work accordingly, ITS PMO will
         manage the IT implementation of both hardware and software utilising standard project
         management methodology.

    •    In all cases ITS must be represented on any project or project / programme Board for
         investments of this nature.
Desktop / Laptop Provision (Managed Service)

The UoS has a replacement policy for Desktop and Laptop provision via a third party managed service.

This provision is designed to ensure that the equipment is both up-to-date and fully supportable
whilst ensuring that the University obtains maximum value for money by utilising our volume
purchasing power.

A standard range of equipment is available, however, specialist needs are catered for and special
requests for non-standard or additional equipment should be made via the ITS Service Desk. Requests
will be considered on an individual needs basis provided that no equivalent specification is available
from the standard list.

Staff members are limited to a single desktop PC except where individuals need to be out of the
office for periods of time then a laptop can be provided instead of the normal desktop PC / Terminal.
Where a laptop is provided a desktop docking station and monitor can also be supplied for use in the
office.

This equipment is replaced on a 3 year cycle across the University. This may be reviewed at any point
dependant upon current strategy and the policy updated




Further information on this policy can be obtained via the ITS Service Desk
                        25. Community Benefits Statement

The University of Salford aspires to maximise Community Benefits wherever possible
through its procurement practices and this will be reflected in the tender
documentation, as appropriate under OJEU, on a contract by contract basis. It is
anticipated that Community Benefits will apply for contracts of £300,000 and over.

The University of Salford recognises its part in maximising added value through
Community Benefits and will work with contractors on supply-side activity to
promote opportunities and support the establishment of effective Community
Benefit delivery partnerships.

The following provides some examples of what Community Benefits through
procurement might include:


      University of Salford Student placements, paid or unpaid
      Graduate recruitment
      Job shadowing – for students, staff, local residents, schools and colleges
      Apprenticeships
      Support for schools and FE through the provision of educational packs,
       donations for prizes, running competitions
      Talks to students, school children and their families and community groups
      Jobs created
      Promotion of job opportunities so they are generally accessible including to
       local workers
      Workforce training
      Community liaison – consultation, talks, information, site visits
      Community facilities – playgrounds, habitat enhancements, environmental
       improvements
      Community Funds – supporting initiatives, for example, which reduce energy
       consumption and costs
      Promotion of sub-contracting opportunities so they are accessible including
       to local contractors.

The University will:

      Work proactively with the local authority, the North Western University
       Purchasing Consortium, other universities and the community at large to
       progress Community Benefit procurement initiatives and exchange best
       practice;

      Minimise any adverse community impacts of any new University
       developments and major renovation;
   Work with suppliers to make them aware of the University’s aspirations for
    Community Benefits and ensure the credentials of suppliers in this respect;

   Provide training and the raising of awareness of staff to ensure they consider
    community benefits in procurement decisions;

   Ensuring that, wherever possible, the University’s aspiration to secure
    community benefits is integrated into the specification. Wherever possible
    Community Benefits will be included as a contract condition where they are
    clearly linked to the subject matter of the contract.

								
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