QUOTATIONS AND TENDERS

Document Sample
QUOTATIONS AND TENDERS Powered By Docstoc
					                           STRABANE DISTRICT COUNCIL
                              PROCUREMENT POLICY


1.0       Introduction
          Procurement activities are a major component of the work of Local Authorities
          and due to the fact that all business is financed through public rates and
          Government grants there is a strong need to demonstrate effective,
          transparent and fair systems in procurement activities. It is essential that all
          procurement systems are in accordance with stipulated approved procedures
          thus maintaining public confidence and preventing the risk of legal action,
          withdrawal of funding and reputation damage.

          The purpose of this document therefore is to ensure that all Council
          Departments comply with a standardised approved procedure in the
          procurement of goods and services. This procedure will ensure that Council
          can demonstrate a transparent and balanced decision making process in the
          award of its contracts and ensure that our procurement processes enhance
          equality of opportunity and sustainable development.

2.0       Objectives
         To produce a standardised procedure to be utilised in all procurement
          activities by all Council staff.
         To ensure that the main focus in all procurement procedures is achieving
          Value for Money.
         To ensure an equitable, and transparent procurement procedures which instil
          public confidence.
         To ensure Council Procurement Procedures comply with legal procurement
          requirements.
         To promote equality of opportunity and inspire actions for a sustainable future.

3.0       Key Guidance Documents
3.1       The Procurement procedure seeks to encompass and be consistent with other
          regulations that direct the Council's procurement activities.

                Local Government Act 1972
                The Councils Standing Orders
                Local Government (Miscellaneous Provisions) (NI) Order 1992
                Local Government (Best Value) Act NI 2002
                Public Contract Regulations 2006
                Fair Employment and Treatment (NI) Order 1998
                Freedom of Information Act 2000
                Public Interest Disclosure Act 1998
                Sustainable Development Strategy published by the Northern Ireland
                 Executive on 27 May 2010.

4.0       Procurement Expenditure Bands
          Quotations and tenders are sought based on the following categories:




PROCUREMENT POLICY
      (1)   Estimated costs not exceeding £2000 - No written quotations required,
            however the authorised purchasing officer must demonstrate Value for
            Money.
      (2)   Estimated costs within £2,000 – £10,000: No. 4 written Quotations
            required.
      (3)   Estimated costs > £10,000 - £20,000: No. 4 written Quotations
            required.
      (4)   Estimated costs exceeding £20,000: Open Competitive Tendering.
      (5)   Estimated costs exceeding EU Thresholds: Public Tender including
            notice within the Official Journal of the European Union (OJEU) and
            compliance with EU Directives.

5.0   Authority to Purchase
5.1   It should be recognised that in order to reduce the administration burden, all
      purchasing decisions do not need to be taken to Council.
           Categories (1) & (2) above require approval from the Authorised
             Purchasing Officer and in excess of their financial limits, approval is
             granted by the Head of Department/Chief Officer.
           Categories (3), (4) and (5) do require Council Approval before the
             contract is awarded.

5.2   It will be the general approach of Council for Chief Officers/Heads of
      Departments to designate procurement responsibility to Authorised
      Purchasing Officer (APO‟s) within each department. These officers will be
      assigned designated financial thresholds.
      (Refer to Appendix 1).

5.3   In terms of authority limits; the Human Resources Officer (HRO), Economic
      Development Officer (EDO), Business Manager (BM) and Corporate Policy
      Officer (CPO) will be deemed to have the same authority and financial
      thresholds within this policy, as that of Chief Officers and Heads of
      Departments.

5.4   All Council Officers must take reasonable steps to ensure that they have the
      authority and the required budget to commit to any expenditure before they
      undertake it. If there is no allocated budget to purchase particular goods or
      services it will be the responsibility of the Chief Officer/Head of Department in
      conjunction with the Head of Finance to source additional funds for these
      goods/services. No department should undertake any procurement exercise
      without having the allocated funds to cover the contract.

6.0   Exceptions
6.1   There are a number of circumstances in which specified procurement
      procedures may not have to be followed:

            Extreme Urgency e.g. in the event of a major incident.
            Sole/Specialist Supplier
            Repeat of supplies covered by an existing contractor on tender.
            Routine Work (up to a maximum value of £2000) by Contractor/s
             already on tender i.e. electricians, plumbers, painters, minor works
             contractors.



PROCUREMENT POLICY                        2
            Where expenses will be funded by other Government Departments e.g.
             DSD or DARD; the criteria of the funding body may override
             Councils criteria; whichever criteria is most stringent will apply.
       ▪     Goods purchased from the Office for Government Commerce (OGC)
             Frameworks or similar inter-council frameworks.

7.0    Procurement for Consultants
7.1    Identification and appointment of Consultants in relation to large scale Building
       Projects should be in accordance with procedures as outlined in Appendix 2.

8.0    Extended Contracts
8.1    In certain circumstances it may be more cost effective to continue with the
       same Consultant/Contractor where work is on going. This may be to enable
       continuity of the project/s, to ensure grant aid is not lost, or to continue with a
       successful Contractor who is prepared to retain the rates as outlined in the
       original project and who has performed to a successful standard and has
       extensive knowledge of the project in hand. Before an extension is offered
       however to the Consultant/Contractor, the Chief Officer/Head of Department
       should bring a report to Council with the reason for recommending an
       extension & to seek approval. If approved, the Chief Officer/Head of
       Department should issue a letter confirming the extension and outline the
       extent of the works together with a breakdown of the additional cost and any
       specific agreements relating to the appointment/project.

9.0    Formal Contracts
9.1    In relation to contracts up to the value of £30,000 a Letter of Offer must be
       made and signed by both Council and the successful company. It is also
       advisable however, that Council also draws up a formal contract.

9.2    In relation to all works and service contracts over the value of £30,000, it is
       mandatory that a formal contract be drawn up between both parties.

9.3    All contracts must state clearly that Council is subject to the requirements of
       the Freedom of Information Act 2000 and the Public Interest Disclosure Act
       1998. Furthermore any contractor/supplier who provides goods or services to
       the Council, will likewise be subject to the requirements of these Acts in
       relation to all contracts with Council.

10.0 Review of Contracts
10.1 All goods/services that have been purchased should be assessed by the Chief
     Officer/Head of Department as to the quality of goods/services provided and
     within the time restraints identified in the quotation or tenders. All contracts
     should be reviewed throughout the term of the contract to ensure that all
     contract specifications are being met and a high quality, cost effective service
     is being provided.

11.0   Responsibilities
11.1   The Chief Executive has overall responsibility for ensuring that this policy is
       enforced at a corporate level.




PROCUREMENT POLICY                          3
11.2       Heads of Departments/Chief Officers have overall responsibility for ensuring
           that that all procurement activities within their respective departments adhere
           to these guidelines.

11.3       Chief Officers/Heads of Departments will be responsible for carrying out all
           procurement activities within their; specified areas of responsibility, their
           designated financial thresholds and in line with all aspects of the policy.

12.0       Training
12.1       All current and new staff who will be involved in procurement activities will be
           provided with an awareness session and any additional training required to
           ensure that this policy is adhered to.

13.0       Monitoring
13.1       Adherence to this policy will be monitored by both Council‟s Internal Auditors
           and Local Government External Auditors.

14.0   Forms of Procurement- An Overview
       The procurement Process will generally fall into one of the following categories
       and will depend on the size, the extent and nature of the work involved.


Value of        No. and mode                   Appraisal                          Authority to purchase
Purchase        of submission


<£2,000        No written        The Authorised Purchasing Officer         Authorised Purchasing Officer within
               quotations        must make reasonable effort to            financial limits. In excess of limit,
               required.         demonstrate value for money.              approval required from Chief Officer/
                                                                           Head of Department.

£2,000 -       4 Written         Appraisal against pre-defined criteria.   Authorised Purchasing Officer within
£10,000        Quotations.       Appraisal by at least the APO plus        financial limits. In excess of limit,
                                 one other Officer.                        approval is required from the Chief
                                                                           Officer/ Head of Department.
>£10,000 -     4 Written         Each quotation is to be appraised         Chief Officer/Head of Department
£20,000        Quotations.       against pre-defined criteria and the      plus Council approval.
                                 one with the highest score
                                 recommended for award of contract.
                                 Appraisal via an Assessment Panel
                                 (minimum three officers) or by a
                                 Consultant.
> £20,000      Public Tender     Each tender is to be appraised            Chief Officer/Head of Department
                                 against pre-defined criteria and the      plus Council Approval.
                                 one with the highest score
                                 recommended for award of contract.
                                 Appraisal via an Assessment Panel
                                 (minimum three officers) or by a
                                 Consultant.
>EU Limits     Public tender     Each tender is to be appraised            Chief Officer/Head of Department
               via recognised    against pre-defined criteria and the      plus Council Approval.
               publications      one with the highest score
               and OJEC -        recommended for award of contract.
               adherence to      Appraisal via an Assessment Panel
               EU regulations.   (minimum three officers) or by a
                                 Consultant.




PROCUREMENT POLICY                                 4
 Guidance Note 1: Procedure to Purchase Goods/Services up
                  to £2,000

15.0   Overview

       This procedure covers the purchasing of goods with a value of less than
       £2,000 (exc. VAT). No written quotations are required for goods with a value
       of less than £2000. The designated purchasing officer selects and secures the
       goods and services through an official order form.

15.1   Identify Suppliers

       If a list does not exist then the choice of goods/services is at the discretion of
       the Chief Officer/Head of Department/Authorised Officer. Where Council has
       awarded a select supplier or contract through a tender process then this
       person/company must be used for routine goods/services. Where a number of
       suppliers have been selected for a particular tender, then the most cost
       effective for the required item must be chosen.


15.2   Seek Price

       The Authorised Purchasing Officer must be able to demonstrate that a
       competitive price and thus Value for Money has been achieved.


15.3   Complete, Sign & Send Order Form

15.31 An Order should be completed in the Order book supplied to that department
      by the Finance Department for all goods and services including building
      maintenance work and materials. In instances of certain purchases by the
      Technical Services Department, Requisition Orders may be used.

       In relation to all building maintenance works and supplies, all requests for
       service must be logged onto ICERV however it is important that a requisition
       order is also completed by the Technical Services Department, which will
       complement the ICERV log and the subsequent invoice.

15.32 The authorised Purchasing Officer should ensure that an order is fully
      completed, (including amount of either quoted or estimated price) and signed
      by the APO or if the order value is in excess of their financial limit then the
      order form must also be signed/countersigned by the Head of Department
      prior to a commitment of expenditure.

15.33 All Order Forms must be completed and dated on the day goods/services are
      ordered. Order forms should not be dated on the date of the invoice is
      received or at a later date.

15.34 An order number may be given to the supplier in advance of forwarding the
      order to the supplier.



PROCUREMENT POLICY                         5
15.35 An order may be faxed to speed up procedure, but this should be followed by
      the original order in the post.

15.36 Order Books should be kept locked in a secure location when not in use.


15.4   Retain Documentation

       Procurement Documentation should be retained on the relevant file within
       each department and this will be the responsibility of an officer appointed by
       the Chief Officer/Head of Department. This may be an Administration Officer
       within the Department. All documents should be held in accordance with
       Council‟s Corporate File Management Policy and Disposal Schedules.


15.5   Receipt of Goods and Payment

       The procedures for the receipt and payment of goods will be in accordance
       with Finance Department‟s document, Purchasing & Creditors Section 2,
       paragraphs 2.2 & 2.12. As outlined below:


15.6   Receipt of Goods/Supplies

15.61 All goods/supplies received must be physically checked against the delivery
      docket and the docket initialled by the receiving officer.

       Where, because of the nature of the goods, the full consignment cannot be
       checked, a sample check must be carried out. In the case of a sample check,
       the sample size should provide the authorised officer with an assurance that
       the amount ordered has been received.

       The check must confirm that the goods received are of the appropriate
       quantity and quality. It should also verify that the unit of purchase is also
       accurate.

       If it is not possible to check the delivery before the carrier leaves, the delivery
       docket must be endorsed with „ACCEPTED UNCHECKED‟.

       The information on the delivery docket must be checked against the copy
       order to ensure that all goods ordered by the Council have been received.

       If the goods fail to satisfy any of these checks (i.e. of quantity or quality) this
       should be recorded on the delivery docket or on the copy order and the
       Departmental staff responsible for purchasing notified immediately. It is the
       responsibility of the purchasing staff to contact the supplier.

15.62 When these checks are complete, the goods/supplies must be transferred
      immediately from any public access area. Where these goods/supplies are
      entered into records, extreme care should be taken to ensure that the correct



PROCUREMENT POLICY                          6
       number of units purchased is recorded. These entries must be made as soon
       as possible and prior to the issue of the goods.

       It is important to have controls in place to ensure that all items received are
       noted in the appropriate record e.g. regular physical stock check.

15.63 The Goods Received Note/Delivery Docket and yellow copy of order form
      indicating that the full order has been received/services provided must be
      signed off and forwarded to the Finance Department. Any delay could affect
      the payment and possibly lose discount.


15.7   Preparing Invoices for Payment

15.71 Upon receipt in the spending departments, all invoices should be date
      stamped. Thus if any dispute arises subsequently, the Department will have
      evidence of the exact date of receipt of the invoice.

15.72 The order number must be quoted on each invoice.

15.73 Before invoices are passed for payment the order book kept in the spending
      department, must be marked to indicate that an account has been passed for
      payment.

15.74 A copy of the order should accompany the invoice, when being forwarded to
      the Finance Department for payment processing.


15.8   Exceptions

       In instances where the above procedure has not been followed, this should be
       justified by the Chief Officer/Head of Department and written evidence
       retained on file.




PROCUREMENT POLICY                        7
   Guidance Note 2: Procedure to Purchase Goods/Services with
                    values between £2,000 - £10,000


16.0   Overview

       The guidance covers the purchasing of goods with an estimated value greater
       than £2,000 (excluding VAT) and less than £10,000 (excluding VAT).

16.1   Prepare List of Requirements

            Identify the services/goods requirements:
            Specification of goods/services
            The estimated cost of goods/services
            The duration period of the contract, if appropriate
            The names and addresses of at least four potential suppliers

16.2   Prepare Evaluation Criteria

       An assessment must be completed on quotations received. The APO must
       prepare evaluation criteria and weightings prior to seeking quotations from
       suppliers. The primary criterion will be value for money.

16.3   Obtain Supplier Quotations

16.31 Where Council has awarded a select supplier or contract through a tender
      process, then this person/company must be used when the value of
      goods/services is less than £2,000; if however the value exceeds £2,000 then
      the company on tender is not automatically granted the contract and
      quotations must be sought for the particular goods or services.

16.32 The choice of suppliers from which to quote, is at the discretion of the relevant
      department.

16.33 Quotations must be received in written format i.e. fax, e-mail or post. Verbal
      quotations are not acceptable.

16.34 As a minimum of 4 quotations are required it is advisable to request more than
      4. If 4 quotations are not returned, the APO should keep a record of all
      quotation requests sought and seek the approval of the Head of
      Department/Chief Officer to either assess the quotations received or to seek
      additional quotations.

16.35 When selecting companies for quotations, local companies should also be
      considered thereby encouraging economic growth within the SDC area. In
      order to be able to demonstrate however, that a competitive price is gained it
      would not be advisable to seek quotations solely from the local marketplace.




PROCUREMENT POLICY                        8
       It is also advisable not to request quotations from the same suppliers when a
       contract is being renewed. Each time quotations are being sought at lease one
       new supplier should be introduced. This will enable new suppliers to gain
       Council business and will stimulate competition in the market place.

16.4   Evaluation of Quotations

16.41 As a minimum both the Authorised Purchasing Department Officer plus one
      other officer should carry out the evaluation of quotations. It will be the
      responsibility of the Chief Officer/Head of Department to ensure that all staff
      involved in the assessment process have adequate expertise and experience
      to complete this role effectively.

16.42 The evaluation of quotations submitted must be based on the pre-defined
      evaluation criteria.

16.43 Assessment documentation must be kept and if the most acceptable quotation
      is not the lowest price option then a written note should set out the basis on
      which another supplier was selected.

16.44 If on receipt of quotations and following assessment it transpires that the
      highest scoring quotation actually exceeds the value of £10,000, then
      authority to purchase must be obtained from Council.

16.5 Contract Award

       Contracts for goods/services should be confirmed in writing with the
       successful tenderer and signed at the earliest possible opportunity. The terms
       and conditions of all contracts must be in agreement with any specific
       requirements noted at quotation stage.

16.6    Response to Unsuccessful Tenderers
       A letter should be sent to all unsuccessful tenderers informing them that they
       have not been successful in obtaining the contract and thanking them for their
       interest.

16.7 Retain Documentation

       Refer to 15.4.

16.8   Receipt of Goods and Payment

       Refer to 15.5, 15.6 & 15.7.

16.9   Exceptions

       Refer to 15.8




PROCUREMENT POLICY                        9
 Guidance Note 3: Procedure to purchase goods/services within
                  the value of £10,000 - £20,000.

17.0   Overview

       This guidance covers the purchasing of goods/services with an estimated
       value greater than £10,000 (exc. VAT) and less than £20,000 (exc. Vat).

17.1   Prepare List of Requirements

       As per 16.1

17.2   Prepare Evaluation Criteria

       The Authorised Procurement Officer must ensure that the criteria and
       weightings accurately satisfy the key requirements of the specific contract. In
       all instances, the value for money criteria will be paramount.

       Evaluation criteria and weightings must be pre-defined prior to the issue of the
       request for quotations and specified within the quotation documentation.

17.3   Seek Quotations

       The choice of companies from which to quote, is at the discretion of the
       relevant Department.

       Quotations can only be submitted in hard copy.

       A minimum of 4 quotations are required; it is therefore advisable to invite
       more than 4 to ensure at least 4 are returned. If 4 quotations are not returned,
       the APO should seek the approval of the Head of Department/Chief Officer to
       either assess the quotations submitted or to seek additional quotations. A
       record must be kept of all quotations sought and those submitted.

       When selecting companies to submit quotations, local companies should also
       be considered thereby encouraging economic growth and sustainability within
       the local area. In order to be able to demonstrate however that a competitive
       price is obtained, it would not be advisable to seek quotations solely from the
       market place.

       It is also advisable not to request quotations from the same companies when
       a contract is being renewed. Each time quotations are being sought, at least
       one new company should be introduced. This will enable new companies to
       gain access to Council contracts and will stimulate competition in the
       marketplace.

17.4   Receipt of Quotations

17.41 Quotations received by post will be addressed to the Clerk and Chief
      Executive. Only staff within the Administration Department or the Chief



PROCUREMENT POLICY                        10
       Executive‟s PA will have responsibility for dealing with incoming quotations.
       Under no circumstances, must other Departmental staff accept quotations.

17.42 Receipting staff must ensure that the following information is recorded on the
      front of each Quotation envelope: Relevant Reference Number, if appropriate;
      date and time of receipt and signature of staff member.

17.43 Any quotations received after the deadline must also be clearly marked „LATE
      ITEM‟.

17.44 Quotations must be submitted in hard copy which are either posted or hand
      delivered and in a sealed envelope with the „Quotation Label‟ attached.
      Quotations will not be accepted by e-mail or fax.

17.45 When quotations are hand delivered, a receipt must be issued. All individuals
      must be directed to the Administration Department, where the receipt will be
      issued.

17.5 Storage of Quotations

       All quotations must be stored in the designated slot in the vault. If there are
       several different quotations at any one time. each set should be grouped
       together using an appropriate method and identified by the title and reference
       number.

17.6   Opening of Quotations

17.61 The opening of quotations must be listed as an agenda item for a Council
      meeting. In certain circumstances due to specific time constraints, it may be
      necessary to have quotations opened prior to the next scheduled council
      meeting. The Chief Officer/Head of Department must obtain permission from
      Council for the Chairperson and Chief Executive to use this facility.

17.62 The committee clerk must ensure that all submissions (excluding late items)
      are taken to a Council meeting on the relevant evening; opened, stamped,
      dated and signed by both the Chief Executive and the Chairperson of the
      meeting, in view of all members so present. The page where the total price is
      recorded, should be stamped.

       Late items are not to be opened.

17.63 The committee clerk must record all quotations received in the
      Tender/Quotation register. This should be signed by the committee clerk. The
      number of late items should also be recorded.

17.64 All quotations (including late items) should then be forwarded to the relevant
      Department, at the earliest opportunity.




PROCUREMENT POLICY                        11
17.7   Evaluation of Quotations

17.71 Quotations must be evaluated by an assessment panel, consisting of a
      minimum of three officers (or by a consultant). It will be the responsibility of the
      Chief Officer/Head of Department to ensure that all staff involved in the
      assessment process have adequate expertise and experience to complete this
      role effectively.

17.72 Assessment paperwork must be completed for all quotations.

17.73 Assessment paperwork must clearly specify the scores awarded to each
      company against the specified criteria.

17.74 Assessment Paperwork must be signed and dated by all assessment panel
      members.

17.75 If it transpires that the quotation with the highest assessment score exceeds
      the value of £20,000, then the contract must go out to tender.

17.76 Assessment paperwork may be disclosable under the FOI Act.

17.77 Following assessment, the company with the highest score will be
      recommended for the award of the contract.

17.8   Assessment Report

17.81 Following evaluation, a Report must be taken to Council with a
      recommendation as to which company should be awarded the contract.

       As a minimum, an assessment report should include the following:
           The total number and the names of each company.
           The assessment criteria and weightings applied.
           The overall scores awarded to each company.
           The total price submitted by each company.
           A recommendation to award the contract to the company with the
             highest assessment score or if this is nit the case then a detailed
             recommendation must be provided as to why this is not the case.

17.82 When compiling the assessment report, and due to the disclosure
      requirements of the FO Act; it is important to exclude any commercially
      sensitive information which would be exempt from disclosure.

17.9   Contract Notification

17.91 Following Council approval, both the successful and the non successful
      companies must be notified in writing of the outcome of the assessment
      process.

17.92 Contracts cannot be awarded until the recommendation is ratified at the
      following month‟s Full Council meeting. In exceptional circumstances, the




PROCUREMENT POLICY                         12
       Chief Officer/Head of Department may seek Council approval to award the
       contract following the recommendation being approved and in advance of
       ratification.

17.93 All queries from companies following the award of the contract must be
      conducted through the Authorised Purchasing Officer.

17.10 Review of Contract

17.101 All contracts should be reviewed throughout the term of the contract to ensure
       that all terms and conditions of the contract are being met and that a high
       quality, cost effective service is being provided. It is important that records are
       kept of any inadequacies in the contract.

17.102 In the event of a major breach of the contract, a report must be taken to
       Council and approval sought for necessary action.

17.103 An assessment must be completed on al contract at the end of the contract
       period. This assessment may then be used in the determination of any future
       contract, in which the specific contractor makes a submission.




PROCUREMENT POLICY                         13
  Guidance Note 4: Expressions of Interest



18.0   Overview

       This category is use when it is not possible to provide a definitive specification
       of the required service or product. The work required necessitates a creative
       submission e.g. architectural designs, public art submissions.

18.1   Assessment Criteria

       The specification for the project must allow for the applicants to apply their
       own creative interpretation of the project. There will however be pre-defined
       criteria which will be stipulated and therefore enable comparative assessment.

18.2   Procurement Procedures to follow

       With exception of the loosely defined specification, all other procurement
       procedures must be followed. It is anticipated that contracts, which fall within
       this category will exceed £10,000 and if so the procurement procedures
       outlined in Guidance notes 3 and 5 will apply. If however, the value of the
       contract falls between £2,000 - £10,000, then the procurement procedures
       outlined in Guidance note 2 will apply. In each instance it is simply the overall
       title that changes i.e. Tender or Quotations is replaced by Expressions of
       Interest.

18.3   Expression of Interest Documentation

       The documentation as listed in s19.5 can apply to this form of procurement
       also. It simply requires amendment of titles on standard documentation to
       replace „Tender‟ with „Select List‟.




PROCUREMENT POLICY                         14
Guidance Note 5: Procedure to Purchase Goods/Services
                 >£20,000 and Below EU Thresholds

19.0   Overview

       This guidance covers the purchasing of goods with a value greater than
       £20,000 (exc. VAT). It should be understood that Council must obtain a
       competitive price and tenderers must be given an equal opportunity to win
       business. This category involves an open, public invitation to tender.
       Public Advertisements inviting tenders must be placed in newspapers
       (Refer to appendix 3) and on Councils Website.

       In some instances a Select List Procedure may be completed before initiating
       the Tender procedure. The following procedure applies to both Tenders and
       Select List (unless otherwise stated).

19.1   Procurement funded by other External Bodies

       When contracts are funded through external bodies e.g. DSD, DARD then
       staff must comply with whichever procurement rules are most stringent i.e.
       Council or the Funding Body. It is the responsibility of the Chief Officer/Head
       of Department to ensure that these procedures are adhered to.

19.2   Obtain Approval

       Chief Officer/Head of Department Approval to proceed to tender/select list is
       required prior to purchasing goods or services of value > £20,000. It should
       be noted that Council is required to tender on all purchases >£20,000.

19.3   Economic Appraisals

       Economic Appraisals must be completed on all projects with a capital
       Expenditure > £250,000. This can be undertaken internally or through
       consultants. The depth of the Appraisal will be directed by the value of the
       expenditure.

19.4   Establish Select List (Optional) Overview

       This step is optional. It is envisaged that this procurement method will be
       limited to larger contracts, normally in excess of £1M. The use of select lists
       however will in many cases be directed by the requirements of external
       funders and specific Council requirements. It is used as a means to minimise
       the costs associated with an open tendering process. A Select List of eligible
       applicants is established prior to detailed tendering. This category involves a
       Pre-Tendering exercise used to identify suitably qualified applicants who are
       then invited to tender.




PROCUREMENT POLICY                       15
         Only those applicants who reply to the public notice, expressing permission to
         tender and who satisfy pre- defined criteria are invited to tender. This step
         seeks to ensure that tender documents are forwarded only to suitably qualified
         tenderers; thus reducing the time and expense of having to process ineligible
         tenders.

19.41 Assessment of Select Lists

         Evaluation of responses will be undertaken by a Tender Review
         Panel/Consultant based on predetermined criteria. Criteria assessed may
         cover any or all of the following: the tenderers managerial capability; technical
         competence; resource capability (can be assessed via Constructionline)1; list
         of previous similar work completed; Quality standards; Health & Safety
         Standards/Policy (can be assessed by Buildsafe NI2); Insurance Cover and
         client references if appropriate.

19.42 Procurement of Goods from a Selected List
      It is important to stress that all companies who have been included on a
      select list must then undergo a tendering process.

        Select Lists can be used in three ways:
        (1) A select list can be drawn up for the provision of a specific one off
            contract. Those companies who meet predefined criteria will then be
            invited to tender for that specific contract.
        (2) Where a Select List has been the result of a previous procurement
            exercise, those listed on the select list may be invited to tender for a
            separate but similar contract within council if this occurs within two years
            of the initiation of the select list. The life span of a select list is two
            years, after this period new calls for inclusion must be made.

              It is important when compiling the original select list however, that it
              is made clear in the advertisement and contract specification that
              those chosen for the select list may be invited to tender for similar
              contracts within a two year period.

         (3) Where the price of specific supplies fluctuate on a daily basis e.g. oil and
             diesel, it may be more appropriate from an economic perspective, to seek
             quotations from a selected list of suppliers (as provided above) without
             initiating a tender exercise. In this instance a select list of providers will be
             developed following a Select List exercise, wherein applicants will be
             assessed on pre-defined criteria.

              Then at the point when the goods need to be purchased, prices will be
              sought and the most economical price chosen. The process will continue,
              as goods are required throughout the two -year period. Following the two-
              year period, a new public call for a select list must be made.
1
  The Central Procurement Directorate advise that all contractors who wish to tender for Public Sector Works
Contracts should be registered with Constructionline. Recommended for all Works contracts over £30K.
2
  The Central Procurement Directorate recommend that all contractors who wish to tender for Public Sector
Works Contracts must demonstrate that they comply with the requirements of Buildsafe – NI. Both of these
however are not a legislative requirement for Local Councils, there are deemed to be models of good practice.



PROCUREMENT POLICY                                    16
            This category of procurement however, is to be used only in very limited
            circumstances and again this choice of procurement must be rationalised
            by the Head of Department/Chief Officer. The following conditions will
            apply to all of the above:

                  A Select List will be complied on a Bi-annual basis.
                  A public notice will be placed in relevant publications and the
                   Councils website seeking names of interested suppliers.
                  Council will select Suppliers for inclusion on the list based on
                   defined criteria.

19.43 Invitation to Tender

       All applicants who satisfy the pre-defined criteria are then invited to tender.
       The minimum number of submitted tenders required in any tender process is
       four. If four cannot be sought the officer must either:
      Undertake the Select List/Tender process again or
      Rationalise why a smaller number of submissions is acceptable e.g. limited
       suppliers. Again whichever decision is reached, Council approval must be
       sought.

19.5   Prepare Tender/Select List Documentation
       Tender Packs will usually include the following:

19.51 Tender Return Label: Standardised Adhesive labels which clearly
      demonstrate the Title of the Tender, Closing date and Time and Name and
      Address for return. It is advisable to stipulate that if this label is not affixed to
      the returning tender envelope then the tender is null and void. NB. Supplies of
      both Tender and Select List Labels are available from the Administration
      Department.

19.52 Tender Form: A „Form of Tender‟ must be signed by the tenderer to confirm
      that they wish to be considered for tender and confirming that if successful
      they will abide by all stipulated terms and conditions of contract. Refer to
      TD001 (copy enclosed). Not applicable to Select List.

19.53 Tender Checklist: Checklist to be completed by tenderer to confirm that all
      relevant documents have been enclosed in tender submission. Refer to
      TD002 for template N.B. This can be amended to suit specific documents
      returned for each contract.

19.54 Contact Details: Contact details form to be returned with tender submission.
      Refer to TD003.

19.55 Tender Instructions:
      Refer to TD004 (copy enclosed).
      Additional Guidance:
    The Tender Deadline must be stated clearly and accurately including closing
      date and time. It is important to check that this agrees with details stated on



PROCUREMENT POLICY                          17
       Tender Advertisement/Request/Form etc.

19.56 Terms of Reference:
      The following details should be included:
     Background details on existing service; including current annual
      expenditure.
     A Project Brief/ Contract Specification.
     Contract Period and any possible extensions.
     Guidance on what information is to be provided; format, pricing, additional
      documents, certificates, samples of work, references. As a standard the
      following documents are mandatory: Insurance Certificate, Health & Safety
      Policy, Copies of Risk Assessments, Evidence of Safe Systems of Work,
      Annual Accounts. Stipulate clearly that failure to provide this information will
      nullify submission or reduce scores assigned.
     Confirmation of what Professional Standards/Accreditations/Experience
      are required e.g. all Construction Contractors must be registered with the
      Construction Industry Scheme (CIS) and copies of relevant documentation
      included; compliance with Buildsafe NI and Constructionline for Works
      Contracts in excess of £30,000; at discretion of Chief Officer/Head of
      Department.
     Proof of any necessary Insurance cover; financial statements etc.
       Level of Contract Management Required.
       Evaluation Criteria and weightings to be used in Tender.
       Additional information required; trials; site visits if necessary.

19.57 Tender Form
      Table/Forms for input of all requested details should be included. It is
      advisable to provide standardised forms and insist that tenderers insert all
      details. This makes the assessment process easier when comparing
      tenderers on criteria.

19.58 Fair Employment Declaration
      In accordance with the Fair Employment and Treatment (NI) Order 1998 the
      council has an obligation to get all contractors to sign this declaration stating
      that they are not an „unqualified person‟ as defined in this Order.
       Refer to TD005.

19.6   Assessment Criteria

19.61 Must be objective, non- discriminatory, verifiable, comparable and transparent.

19.62 Choice of Criteria and Weightings: The choice of assessment criteria and
      associated weightings are at the discretion of the APO. Each contract must
      have its own defined criteria and weightings. The APO however must ensure
      that the criteria and weightings so defined, accurately satisfy the key
      requirements of the individual contract. Weightings should be assigned to
      each criteria based on the importance of each criteria. In all instances
      however the Value for Money criteria will be a key criteria.




PROCUREMENT POLICY                        18
19.63 It is imperative that all criteria and weightings are defined before tenders are
      officially opened by Council.

19.64 Value for Money: Value for money should be judged against cost and quality
      i.e. Most Economically Advantageous Tender - MEAT.                 The Chief
      Officer/Head of Department acquiring the goods/services should have a
      system in place in which to assess both cost and quality thereby confirming
      value for money. This applies to all forms of procurement. Life Cycle Costings
      should also be given due consideration in assessing cost and Value for
      Money. Staff should consider both the initial cost and total cost and savings
      over the term of the contract.

19.65 Professional or Technical Competence: Staff should also assess the
      professional competence of tenderers and seek evidence that they can
      deliver the contract to the required standard. It is advisable to specify any
      Professional Standards, Industry memberships or Quality Accreditations,
      which may be required. Length of service and evidence of similar work
      completed are relevant specifications under these criteria. (Refer to
      Constructionline s18.62)

19.66 Financial Stability: In large- scale contracts, the financial stability of
      tenderers to deliver the contract should also be assessed. It would be
      advisable to seek no. 2 sets of accounts and evidence of future cashflow
      projections and future orders (Refer to Constructionline s18.41).

19.67 Health and Safety Competence: In relation to Works Contracts, as a basic
      the Health and Safety policy of Contractors should be sought. Compliance
      with Buildsafe NI that confirms 3rd party accreditation is optional. Evidence of
      Safe Systems of Work may also be requested.

19.68 Ineligible tenders: It is advisable to exclude a supplier from tendering if
      he/she has been convicted of any of the following offences (under EU
      procurement this is a legislative requirement).
       Bribery
       Money Laundering
       Conspiracy or Corruption
       Fraud
       Participation in a criminal organisation

19.69 Any other Criteria deemed relevant to the particular contract.

19.7 Assessment/Scoring Paperwork for Tenders/Select Lists

19.71 Assessment paperwork must be completed for all tenders.

19.72 Assessment documentation must clearly specify the scores awarded to
      each tenderer against the stipulated criteria and the rationale for each score.

19.73 Assessment documentation must be signed and dated by all tender panel
      members.




PROCUREMENT POLICY                         19
19.74 Assessment paperwork will be disclosable under FOI Act.

19.8 Tender/Select List Advertisement

19.81 Prior to advertisement the tender/select list documentation will be subject to a
      review by the Chief Officer/Head of Department.

19.82 If an Open Tender approach has been selected an appropriate advertisement
       is placed. An appropriate advertisement is one, which includes the following:
       Title of Tender/Select List
       Sets out the nature and purpose of the contract
       Invites tenders for its execution
       Provides at least 14 days public notice
       States the last date and time when tenders will be received.
       Specifies Identification of Tenders/Select Lists on Return
       Stipulates that SDC is not obliged to accept the lowest or any tender.
       Stipulates mandatory eligibility requirements if relevant.
       Indicates where requests for Tenders/Select Lists should be made.
       Returns to be made to the Chief Executive
           Refer to TD005 (copy enclosed).

        All Tender/Select Lists Advertisements must be processed through the
        Council Advertising Contract i.e. AV Browne and must conform to Corporate
        layout.

19.83 Where a Tender Value exceeds EU Thresholds, the Tender must also be
      advertised in the Official Journal of the European Community (OJEC) and
      must comply with all EU Directives and timescales, which will differ from
      Council guidelines.

19.9    Issue of Tender/Select List Documents

19.91 Upon request, Tender documents must be issued promptly to applicants. Staff
      should record the name of all applicants, which were forwarded tender packs
      and the dates on which these were forwarded. Council staff should also
      ensure that a Tender Identification Label is forwarded with all tenders.

19.92 Upon request Tender documentation may be e-mailed to applicants however
      it must be stressed that tender returns must be made in hard copy. Under no
      circumstances will electronic copies be accepted. If tender documents are
      being e-mailed then an electronic Return Label must also be provided.
      (Template available on the Council Intranet.)

19.93 Chief Officers/Heads of Departments will inform the Business Manager of
      any expected tender documents or select lists. The following information is
      also required: The tender closing date and time, the date when the tenders
      are to be opened at Council and the date on which the tender report is to be
      presented to Council.

19.94   Any queries must be directed to the relevant Officer identified in the Tender
        Documentation.



PROCUREMENT POLICY                        20
20.0   Receipt of Documents

20.1   Tenders and/or select lists received by post will be addressed to the Clerk &
       Chief Executive. Only staff within the Administration Department or the Chief
       Executive‟s PA will have responsibility for dealing with incoming tenders.
       Under no circumstances must Departmental Staff accept tenders.

20.2   Receipting Staff must ensure that the following information is recorded on the
       front of each Tender or select list envelope: Relevant reference number if
       appropriate, Date and Time of Receipt; Signature of staff member.

20.3   In relation to Documents received after the deadline, they must also be clearly
       marked 'LATE ITEM and stored with the other envelopes within the same
       group.

20.4   Tenders and select list documents must be hard copies, which are either
       posted or hand-delivered. Tenders will not be accepted by e-mail or fax.

20.5   When documents are hand delivered, a receipt must be issued. All Individuals
       must be directed to the Administration Department where the receipt will be
       issued. Tenders must NOT be accepted at Reception or at Departments.

21.0 Storage

21.1 All documents must be stored in the designated basket in the vault. If there
     are several tenders at any one time, each set should be grouped together
     using an appropriate method and identified by the name of the project and
     their reference number.

22.0   Opening of Tenders

22.1   Approval to open these documents will be included as an agenda item for the
       relevant Council Meeting.      In certain circumstances i.e. holidays time
       constraints, it may be necessary to have tenders opened prior to the Council
       meeting. The Chief Officer/Head of Department should obtain permission
       from Council at an earlier meeting for Chairman of Council and the Clerk &
       Chief Executive to have these opened following receipt and report to Council
       at the next appropriate meeting for retrospective approval.

22.2   The Committee Clerk will ensure that all documents (excluding late items) are
       taken to Council on the relevant night; opened, stamped, dated and signed by
       both the Chief Executive or an officer designated by him and the Chairperson
       of the meeting, in view of all members of Council. Late Tenders are not to be
       opened.

       The page where the total quotation is recorded should be stamped and signed
       by the Clerk & Chief Executive and Chairperson.

22.3   The Committee Clerk must record all tenders received in Tender book,
       including details of sum quoted, this should be dated & signed by the



PROCUREMENT POLICY                       21
       Committee Clerk. If any Late Tenders are received these should also be
       recorded with name of Tenderer if information so provided.

22.4   All Tender/Select List documents should be passed to the relevant
       Department at the earliest opportunity. Late item/s should also be forwarded,
       and the Chief Officer advised that these should not be opened.

23.0   Evaluation & Tender/Select List Report

23.1   The Chief Officer/Tender Review Panel/Consultant will carry out an evaluation
       of the tenders. In relation to internal Review Panels this should consist of a
       minimum of three officers; the authorised Purchasing Officer and if different
       the Chief Officer/Head of Department plus one other.

23.2 It is advisable to have: (i) Cross Community Representation on the Tender
     assessment Panel and (ii) Panel members who have expertise in the specific
     contract area.

23.3   Following evaluation, a tender/select list report will be brought to Council for
       consideration and approval.

23.31 A Select List report should include the following:
          No. of responses received
          Pre- qualification criteria and weightings
          Scores of each organisation on each score
          Details of where organisations have not met criteria
          Request to go out to open tender; names of organisations, which will
            be invited to tender
          Indication if the select list so compiled may be used as a basis of a
            tender exercise for similar contracts within a set period.
23.32 A Tender Report should include the following details:
          Total number and Names of tenders received
          Assessment criteria and weightings used
          Overall Scores for each tenderer.
          Cost figures submitted by all tenderers.
          If lowest cost tenderer is not recommended for award of contract, a
            rationale must be provided.
          A recommendation to award contract to the highest scoring tenderer
            across all criteria. If this is not the case, then a detailed rationale must
            be provided as to why this is not the case.

       In terms of the FOI Act requirements, commercially sensitive information
       should be considered in determining the report‟s contents. It is important to
       note that once the contract has been awarded the tender report is disclosable
       following any requests.

24.0   Council Approval and Contract Notification/Award

24.1   Following the Council‟s acceptance and approval of a tenderer in the case of a
       select list; the companies being invited to tender the relevant Chief



PROCUREMENT POLICY                         22
       Officer/Consultant will notify both the successful and non-successful
       Tenderers in writing.

24.2   Contracts cannot be awarded until the Committee recommendation is ratified
       at the following months Full Council Meeting. In exceptional circumstances
       where prices cannot be held for this period e.g. insurance then the Chief
       Officer/Head of Department should seek Council approval to award contract
       following the recommendation being approved by the respective committee.

24.3   Members or Officers must not contact suppliers prior to the official notification
       of the contract award being sent out. It may however be necessary to put the
       existing contractor on provisional notice prior to the commencement date of
       the new contract.

24.4   All queries with suppliers following the award must be conducted through The
       Delegated Purchasing Officer.

25.0   Retention of Documents

25.1   Tenders/Select list documents from successful and unsuccessful
       firms/companies should be stored for audit purposes in accordance with
       Council‟s Record Retention Schedules.

26.0   Review of Contract

26.1   All contracts should be reviewed throughout the term of the contract to
       ensure that all terms and conditions of the contract are being met and a
       high quality, cost effective service is being provided. It is important that
       records are kept particularly of any inadequacies in the contract.

26.2   In the event of a major breach of contract a report must be taken to Council,
       and approval sought for necessary action.

26.3   An assessment must be completed on all contracts at the end of the contract
       period. This assessment may then be used in the determination of any future
       contract in which the specific contractor submits a tender.




PROCUREMENT POLICY                        23
   Guidance Note 6: Procedure for Purchases exceeding EU thresholds.



27.0   EC Procurement of Goods/Services/Works
       When procurement values exceed monetary thresholds stipulated by the EU
       Procurement Directives, the following procedure must be followed.

       The minimum EU thresholds (1 January 2010 – 31 December 2011) are as
       follows:
            Supplies         £156,442
            Services         £156,442
            Works            £3,927,260
       All figures are net of VAT.

       When any of the above contract values are exceeded then procurement
       procedures must comply with EU procurement guidelines, which will
       supersede those of Council. It is the responsibility of the Chief Officer/Head
       of Department to ensure that these procedures are adhered to.

28.0   Overview of European Directives

28.1   When the cost of Goods/Services/Works exceeds European Thresholds then
       the procurement process employed must adhere to the European Public
       Sector Procurement Directive (2004/18/EC). These directives are
       implemented through the Public Contract Regulations 2006.

28.2   The Directives set out the rules to be followed at each stage of the
       Procurement process and cover three areas of procurement i.e. procurement
       of supplies, works and services.

28.3    It is the responsibility of each Chief Office/head of Department to ensure that
        all procurements are in compliance with these Regulations.

29.0   Access to Legislation

29.1   When undertaking procurement within this category staff should refer to the
       following website address for a definitive coverage of the Public Contract
       Regulations 2006: www. opsi.gov.uk/si/si2006/uksi_20060005_en.pdf. The
       following information simply provides a summary of the main operational
       procedures.

30.0   Types of Procurement Methods

30.1   There are four main types of procurement procedures: Open, Restricted,
       Negotiated and Competitive Dialogue. Staff must ensure that the correct
       method is employed in line with the Regulations. Each method will have
       associated definitive operational criteria, which must be adhered to.




PROCUREMENT POLICY                        24
31.0   Procurement Notice

31.1    All procurement exercises within this category must be advertised in the
       Official Journal of the European Union (OJEU). This is completed via a
       Contract Notice form.

32.0   Procurement Timescales

32.1 The closing dates/deadlines for each type of Procurement are as follows:

Procedure                    Deadline – Expression of     Deadline – Tender
                             Interest                     Receipt
Open                         N/A                          52 Days
Restricted                   37 Days                      40 Days
Negotiated                   37 Days                      40 Days
Competitive Dialogue         37 Days                      40 Days

         The above minimum timescales can be reduced when the notices and
         contract documentation is provided in an electronic format.
        For Electronic Notices (in the SIMAP) format, timescales for open
          procedure „tender receipt‟ and „Expressions of Interest‟ in other procedures
          may be reduced by 7 days.
        For electronic access to all contract documentation, timescales for open
          and restricted procedure „tender receipt‟ may be reduced by 5 days.
         (Staff must refer to legislative guidelines to assess pertinent qualifying
         criteria).

         Copies of all EU Procurement Electronic forms can be accessed at:
         www.simap.eu.int/forms/7814c6a4-d0f5-296b-07e4531726a58f74_en.html

33.0     Alcatel Period

33.1     Following assessment of tenders and approval of Council to award
         contract, letters are then sent out to both successful and unsuccessful
         tenderers informing them of the intention to award the contract. The
         contract period cannot commence until 10 days after these letters have
         been sent. This equals the Alcatel Period.

34.0     Contract Award Notice

34.1     Following the Alcatel period, a Contract Award Notice must be placed in the
         OJEU stating who was awarded the contract. This notice must be placed
         within 48 days from the date the contract was awarded.

35.0     Frameworks

35.1     Several contracting authorities can call off services/goods when a
         framework agreement has been set up thorough the above EU procurement
         procedures. One authority will take the lead and compile the framework, go
         through the necessary procurement processes as stipulated above and




PROCUREMENT POLICY                       25
       then the other authorities may call off this framework once suppliers
       confirmed.

35.2   The agreement can be with one or more suppliers.

35.3   Maximum duration of a framework is 4 years (only in exceptional
       circumstances will this period be extended).

35.4   One or more suppliers may be appointed, however if it is decided to
       appoint more than one supplier then a minimum of three must be chosen.




PROCUREMENT POLICY                   26
APPENDIX 1:               Authorised Procurement Officers (APO’S)
Department                       Designation                                         Procurement
                                                                                     Limit3
Finance                          Head Of Finance
                                 Financial Accountant                                £2,000
                                 Management Accountant                               £2,000
Administration                   Business Manager
Chief Executive‟s                Corporate Policy Officer
Environmental Health             Chief Environmental Health Officer
                                 Senior Environmental Health Officer                 £10,000
                                 (Commercial)4
                                 Senior Environmental Health Officer                 £10,000
                                 (Environmental Protection) 4
                                 Information Technology Officer5                     £10,000
Human Resources                  Human Resources Manager
Economic                         Economic Development Manager
Development
                                 Heart Project Officer/Manager                       £10,000
S2000                            S2000 Officer                                       £10,000
Technical Services               Chief Technical Services Officer
                                 Technical Services Licensing Officer                £10,000
                                 Direct Services Officer                             £10,0005
                                 Client Services Officer                             £10,0006
Building Control                 Chief Building Control Officer
                                 Building Services Officer6                          £10,000
                                 Business Support Officer6                           £2,500
Culture Arts & Leisure           Head of Culture Arts & Leisure
                                 Community Support Officer                           £7,000
                                 Tourism Officer                                     £7,000
                                 Community Safety Officer                            £2,000
                                 Leisure Services Officer                            £7,000
                                 DVLC – Duty Officers                                £2,000
                                 RLC – Duty Officers                                 £1,000
                                 SHC – Duty Officer                                  £500
                                 Melvin Hall – Duty Officer                          £500
                                 Arts Centre Manager                                 £7,000




3
  Heads of Departments/Chief Officers have no defined financial limits on Procurement however they must all
operate within specified Council Approval procedures. Over £10,000 approval must be sought from Council
before a contract is awarded.
4
  Approved by Council 18 September 2007
5
  Approved by Council 12 December 2007
5
  Approved at CARS 20 October 2009
6
  Approved at CARS 20 October 2009




PROCUREMENT POLICY                                   27
APPENDIX 2: Procedure for Appointment of Consultants for Large
            Scale Building Projects.

General
The planning and construction of a building, extension, alterations or the special
services associated with a building requires a close working relationship between the
Consultant and Client. As the process is frequently long and the relationship is
contractual it is therefore vital that from the beginning the consultant and Client
understand their respective responsibilities and obligations and agree the terms of
engagement and methods of working.


Definition of a Consultant
A    Consultant    shall   mean     an     Architect,    Civil/Structural   Engineer,
Mechanical/Electrical Engineer or Quantity Surveyor.

Suggested Policy on Consultants

.         1. Building Projects not exceeding £20K where limited specialism is
             required:
           Preference to be given to Technical Services in-house team.
           If in-house team cannot deliver, then project may be offered to
          Consultants who are included in Council's select list.

          2. Building projects exceeding £20K and up to £100K:
              Utilise Select List of Consultants

          3. Special Contracts and Projects exceeding £100K:
           Consultants to be selected from those who have responded to specific
             public advertisement.

          4. Civic Projects:
           As for 3 above or via a design competition using RSUA for guidance
             as necessary.


Consultants Responsibilities

Regardless of the type of practice the skills that can be expected from Consultants
are:

        An expert knowledge of the techniques and skill required to carry out the
         commission. This includes the ability to advise on the merits of different
         forms of construction, suitability of materials, services and energy
         conservation.




PROCUREMENT POLICY                       28
        A thorough understanding of the purpose and function of the building to be
         erected or extended.

        A competent working knowledge of the legislation, orders and regulations
         affecting buildings and their services.

        The ability to advise on costs and to prepare estimates for the works or
         services proposed.

         Skill in the preparation of contract documents to ensure that the building will
         fulfil all requirements at the most economic cost.

        The ability to supervise the design and construction of the building and
         services in such a way that the estimated cost is not exceeded except with
         the client's full knowledge and approval.

        The ability to issue certificates and to adjust final accounts.


Identify need for a Consultant/Project/Approval

The Chief Officer/Head of Department of user department is required to:
                Establish the need for and the extent of the service required.
               Obtain the appropriate Council/Committee approval to proceed
                towards an appointment.


Client's Brief

The user department shall formulate a detailed brief of all aspects of the proposal
together with an estimated cost and shall submit same for consideration by the
Management Team. The assistance of a Quantity surveyor to formulate a realistic
cost estimate may be required.


Identify Consultant/s

The Chief Officer/Head of Department of the user department shall liase with the
Chief Building Control Officer before proceeding with the agreed Council policy to
appoint a consultant. A brief outlining the proposed works must be forwarded to the
consultants to enable a tender to be submitted which should include the following.

                Discussion and recommendations in relation to the client's brief
                Type of contract, time scale from design to completion, any particular
                 problems envisaged.
                Details of service to be provided.
                Consultants responsibilities and practice profile and
                Fee bid.




PROCUREMENT POLICY                         29
Following the Councils procedure for receipt of tenders the Chief Officer/Head of
Department shall prepare a report for consideration by Council to enable an
appointment, which is seen to offer best value.

For commissions of civic importance, consultants will be appointed upon the
recommendation of a panel of assessors appointed by Council to administer a design
competition.


Appointment of Consultants for Estimation Purposes

In certain circumstances it may be necessary to seek the services of a Quantity
Surveyor and to this end, quotations should be sought based on the Council‟s
procurement method.


Appointment/Unsuccessful letters

Upon acceptance/approval by the Council the relevant department‟s Chief
Officer/Head of Department shall write to the Consultant/s and confirm the extent of
the services required and the agreed fee.

A standard letter of appointment should be used on all occasions.

No contract between the Council and the Consultant/s shall exist until the Consultant
has accepted the commission in writing.

A standard letter should be sent to all unsuccessful consultant/s outlining the
outcome of the tender exercise.




PROCUREMENT POLICY                       30
APPENDIX 3:          Public Notice of Council Tenders

It will be at the discretion of each Head of Department/Chief Officer to identify which
newspapers tender notices shall be placed in. As a standard, all procurement
exercises shall be posted on the Council‟s Website.

Each Head Department/Chief Officer must be able to rationale their choice of
publication based on the following factors:
    Relevance of readership, e.g. particular services may not be available locally
       and therefore there would be no relevance in placing tender advertisements in
       local papers.
    Cross community coverage
    Value for money.

Council will therefore not provide a prescribed list of newspapers, which must be
used.




PROCUREMENT POLICY                        31
STRABANE DISTRICT COUNCIL

                                           ‘INSERT TITLE OF TENDER’



FORM OF TENDER

TO: STRABANE DISTRICT COUNCIL

Chairman and Members

I/We the undersigned, do hereby offer to undertake to execute and complete the said
works/services in accordance with the submitted Specification and Tender
Documents and in line with following:


All works/services will be completed within ____________ weeks/months from the
date of order to commence.


All works/services will be completed for the sum of (in words):
___________________________________________________________________
___________________________________________________________________
____________________________________________________


I/We understand that this is a „Fixed Price‟ Tender and guarantee that the tender
price remains fixed for a period of ______________________ (weeks/months).


In the event of this tender being accepted by you in respect of an amount exceeding
£30,000 and without prejudice to the formation of a binding contract on my/our part
upon notification to me/us of your acceptance of the tender. I/We undertake to enter
into a written agreement with you embodying all terms and conditions, specifications
ands price schedules as contained within the enclosed tender within a period of 14
days and in the event of failure or omission to execute such agreement within the
aforesaid period, it is hereby acknowledged that Strabane District Council shall be at
liberty to annul the acceptance of the tender without further notice.




PROCUREMENT POLICY                         32
As witness my/our hand this __________ day of ____________2007.


Signature (1) _________________________________________________.


Signature (2)__________________________________________________.


Company Name:________________________________________________.


Registered Address:_____________________________________________.


Tel No:      _____________________ Fax No. ___________________.


Please insert here the FULL name of tenderer or in the case of a partnership, the
FULL names of ALL partners:




___________________________________________________________________

___________________________________________________________________




Recommended for Acceptance:

Signed Chairman:    _____________________________________________

Committee:          ______________________________________________

Date:                _______________________




Strabane District Council
TDOO1




PROCUREMENT POLICY                     33
APPLICANTS TENDER CHECKLIST
____________________________________________________________________


It is a requirement of all tender applications made to Strabane District Council that
applicants complete this declaration.


I / We _______________________ of ______________________________


Have completed the enclosed documentation in respect of my / our application for
the tender for (insert name of tender) and declare that the following documents have
been enclosed with my / our application:


   1. Two copies of submission                                        Yes / No

   2. Form of Tender                                                  Yes/No

   3. Completed Tender forms                                          Yes / No

   4. Pricing Schedule (if applicable)                                Yes / No

   5. Completed contractor‟s insurance questionnaire                  Yes / No

   6. Completed contact details form                                  Yes / No




Signed:                     …………………………………………………………

Name (Block Capitals):      …………………………………………………………

Position in Company:        …………………………………………………………

Date:                       …………………………………………………………


All of the above-listed documents must be returned. Failure to do so will result in the
submission not being accepted.



Strabane District Council
TD002




PROCUREMENT POLICY                        34
CONTACT DETAILS

Please complete this form with your company details and include it with your tender
submission:

1. Company name:                        ________________________

2. Address:                             ________________________

                                        ________________________

                                        ________________________

3. Postcode:                            ________________________

4. Telephone number:                    ________________________

5. Fax number:                          ________________________

6. Name of person to contact in
   connection with this submission:     ________________________

7. Position in Company:                 ________________________

8. Telephone number:
   (If different from above)            ________________________

9. Fax number:
   (If different from above)            ________________________

10. E-mail address:                     ________________________

11. Mobile telephone number:            ________________________

12. Website address:                    ________________________




Strabane District Council
TD003




PROCUREMENT POLICY                      35
Instructions to Tenderers

                                                        Insert Title of Tender
__________________________________________________________________________

1.0   Invitation to Tender
1.1   Strabane District Council seeks tenders for „Insert Title of Tender‟.
1.2   The tenderer shall be deemed to have satisfied itself before submitting its
      tender as to the accuracy and sufficiency of the rates and prices stated in the
      tender which shall (except in so far as is otherwise provided in the contract)
      cover all the tenderers obligations under the contract and the tenderer shall be
      deemed to have obtained for itself all necessary information as to risks and
      any other circumstances which might reasonably influence or affect the
      tender.

2.0   Submission of Tender Documentation
2.1   Tenders must be received by ‘Insert date and Time’. Late Tenders will not be
      accepted, it is the responsibility of the Tenderer to ensure delivery by the
      deadline.
2.2   All Tender submissions must be in HARD COPY. Electronic submissions will
      not be accepted.
2.3   No. „Insert number of copies required‟ of tender submission are required.
2.4   The Tender identification label supplied must be attached to the returning
      envelope. If the label is not applied, the tender will not be accepted.
2.5   Tenders should be returned to:

      Philip Faithfull
      Clerk & Chief Executive
      Strabane District Council
      47 Derry Road
      Strabane
      Co. Tyrone
      BT82 8DY

2.6   Tenders sent by post should be registered or sent by recorded delivery. If
      Tenders are delivered by hand, an official receipt should be obtained.
2.7   Tenderers are advised that manually delivered Tenders can only be accepted
      during normal office hours i.e. between 9.00am to 5.00pm Monday to Friday
      (excluding bank holidays).
2.8   Strabane District Council cannot accept responsibility for postal or delivery
      delays.

3.0   Completion of Tender Documentation
3.1   When completing all tender forms, it is the responsibility of the tenderer to
      ensure that all requested details are provided. Failure to supply any requested
      details or to submit any form or document may result in the tender submission
      being rejected.
3.2   All prices supplied on all Tender Documentation must be exclusive of VAT and
       in pounds and pence sterling.




PROCUREMENT POLICY                       36
3.3        Where examination of tenders reveals errors or discrepancies, which would
           affect the tender figure(s) in an otherwise successful tender, the tenderer
           must be given details of such errors and discrepancies and afforded an
           opportunity within a tight deadline of confirming or withdrawing his/her offer. If
           the tenderer withdraws, the next tenderer in competitive order is to be
           examined and dealt with in the same way. Any exception to this procedure
           may only be authorised by the Council after consideration of a report by the
           relevant Chief Officer/Head of Department.
3.4       The Tender Form must be signed:
         Where the tenderer is an individual, by that individual
         Where the tenderer is a partnership, by two duly authorised partners.
         Where the tenderer is a Company, by two Directors or by a Director and the
          Secretary of the Company, such persons being duly authorised for that
          purpose.

4.0       Costs and Expenses
          Tenderers will not be entitled to claim from Strabane District Council for any
          costs or expenses which may be incurred in preparing their Tender whether it
          is successful or not.

5.0       Period of Validity
          Tenderers are required to keep their Tenders valid for acceptance for a period
          of ninety days from the Tender closing date.

6.0       Official Amendments
          If it is necessary for Strabane District Council to amend the tender
          documentation in any way, prior to receipt of tenders, all Tenderers in receipt
          of documentation will be notified simultaneously. If deemed appropriate, the
          deadline for receipt of tenders will be extended.

7.0       Freedom of Information Requirements
           Strabane District Council is subject to the terms of the freedom of Information
          Act 2000. Any information, which comes into the possession of Strabane
          District Council, will be subject to disclosure under the provisions of the Act,
          unless an exception applied. Only Strabane District Council can make a
          decision regarding whether information is disclosable or not. Refer to TD007.

8.0       Adherence to Council Whistleblowing Policy
          Strabane District Council is subject to the Public Disclosure Act 1998 and has
          subsequently developed a Whistleblowing Policy which implements the
          requirements of this Act. All suppliers of goods and services to Council are
          subject to this policy and must notify Council and also instruct their workforce
          to notify Council, of any serious issue which affects any aspect of the work of
          Council.


9.0       Formal Contact and Communications
          Tenderers should seek to clarify any queries relating to the Tender
          documentation before submitting their tender.

          Specify contact name and contact details.



PROCUREMENT POLICY                            37
10.0    Written Acceptance
       Acceptance of any contract will only be made by written instruction to the
       successful contractor.

11.0   Award of Contract
       The Council reserves the right not to award a contract to the lowest or any
       tenderer under this process.

12.0   Formal Contract
       The successful contractor shall be required to execute a formal contract with
       the Council and until such execution, the successful tender, together with the
       Council‟s written acceptance shall form a binding agreement in contract
       terms. Following the signing of a formal contract and where there is any
       discrepancy or difference between the tender and the subsequent contract
       documents, the latter shall prevail.

13.0   Compliance
       Tenders must be submitted in accordance with these instructions. Failure to
       comply may result in a Tender being rejected by Strabane District Council.




______________________________________________________________
Strabane District Council
TD004



PROCUREMENT POLICY                       38
      DECLARATION AND UNDERTAKING TO BE SIGNED BY ALL MAIN
  CONTRACTORS AND NOMINATED SUB -CONTRACTORS TENDERING FOR
   THE EXECUTION OF WORKS OR THE SUPPLY OF GOODS OR SERVICES


                        STRABANE DISTRICT COUNCIL
       FAIR EMPLOYMENT AND TREATMENT (NORTHERN IRELAND) ORDER 1998

   1     Article 64 of the Fair Employment and Treatment (N.I) Order 1998 (“The Order”)
         provides inter alia that a public authority shall not accept an offer to execute any work
         or supply any goods or services where the offer is made by an unqualified person in
         response to an invitation by a public authority shall take all such steps as are
         reasonable to secure that no work is executed or goods or services supplied for the
         purposes of such contracts as are mentioned above by an unqualified person.

   2     An unqualified person is either an employer who, having been in default in the
         circumstances specified in Article 62 (1) of the Order, has been served with a notice
         by the Fair Employment commission stating that he is not qualified for the purposes
         of Articles 64 to 66 of the Order, or an employer who, by reason of connection with an
         employer on whom has been served a notice to that effect, has also been served with
         such notice.

   3     Mindful of its obligations under the Act, STRABANE DISTRICT COUNCIL has
         decided that it shall be a condition of tendering that a contractor shall not be an
         unqualified person for the purposes of Articles 64 to 66 of the Order.

   4     Contractors are, therefore, asked to complete this Declaration / Undertaking to
         confirm that they are not unqualified persons and to undertake that no work shall be
         executed or goods or services supplied by an unqualified person for the purposes of
         any contract with a Council to which Article 64 of the Order applies.


I / We ……………………………………………. hereby declare that I am / we are not an
unqualified person for the purposes of the Fair Employment and Treatment (Northern
Ireland) Order 1998. I / We undertake that no work shall be executed or goods or services
supplied by an unqualified person for the purposes of any contract with STRABANE
DISTRICT COUNCIL to which Article 64 of the Order applies.


Signed by:                      ………………………………………………………….

Duly authorised to sign
For and on behalf of:           ………………………………………………………….

Dated:                          ………………………………………………………….



___________________________________________________________________

Strabane District Council
TD 005



PROCUREMENT POLICY                              39
                            Contract Notice
_______________________________
Strabane District Council invites suitably qualified firms to submit a
tender for (insert name of tender).


All    tender      documents    and        details   are   available   at:
www.strabanedc.com/council/services/tenders
__________________________________________________________

             Mr Philip Faithfull BEd FILAM MIQA MInstSRM
                          Clerk & Chief Executive
                         Strabane District Council
                                47 Derry Road
                                   Strabane
                                  BT82 8DY
                             Tel: 028 7138 2204




Strabane District Council
TD006




PROCUREMENT POLICY                    40
                      STRABANE         DISTRICT       COUNCIL

Tenderers should be aware that the information provided in the completed tender
and contractual documents could be disclosed in response to a request under the
Freedom of Information Act.

Strabane District Council has no discretion whether or not to disclose information in
response to a request under the Freedom of Information Act, unless an exemption
applies. Tenderers are advised that despite the availability of some exemptions,
information may still be disclosed if the Public Interest in its disclosure outweighs the
Public Interest in maintaining it.

Tenderers are advised to highlight information that they consider as being
commercially sensitive or confidential in nature and should state the precise reasons
why that view is taken. Discussions will take place between Strabane District Council
and contractors on issues highlighted, however it must be stressed that the decision
whether to disclose any piece of information rests solely with Strabane District
Council and decisions will be guided by requirements of the Freedom of Information
Act. Tenderers will be notified by the Council of any information relating to them.

Strabane District Council accepts no liability for loss as a result of any information
disclosed in response to a request under the Freedom of Information Act.




___________________________________________________________________
Strabane District Council
TD007




PROCUREMENT POLICY                         41
TENDER FOR: ___________________________________________


TO BE RETURNED BY: _______________________________________


     Clerk & Chief Executive
     Strabane District Council
     Council Offices
     47 Derry Road
     Strabane
     Co. Tyrone BT82 8DY




PROCUREMENT POLICY                42
Document Control Template


 Document Control:

 Author:             Sharon Maxwell, Business Manager
 Version:            2
 Approved by: Council and SMT
 Screened by: CPO, HRM & BM.
 Review:             Every two years
 Review Date: September 2012
 Distribution:      Authorised Purchasing Officers, Senior Management Team,
                    Councillors.

 Signed:


                     _______________
                     Philip Faithfull
                     Clerk & Chief Executive




PROCUREMENT POLICY                      43

				
DOCUMENT INFO