Procurement process & support for Victims’ Services in Lincolnshire Procurement Workshop

transcript

The Police and Crime Commissioner for Lincolnshire

Robert Cobb MCIPS MCMI

Procurement process & support for Victims’ Services

in Lincolnshire

Procurement Workshop26th June 2014

What will we cover?

Session 1 Introduction Session 2 E U Procurement Process Session 3 The Process that we will Follow Open Floor Questions Tea & Coffee

Introduction

Who am I & What do I do?

My name is Robert Cobb Interim Head of Procurement (Lisa Norton) In Post until Spring of 2015. Will manage the procurement process for

Victim Support Services to completion. Employed by G4S Care & Justice. I have overall responsibility for all major

purchases above £25,000.00 on behalf of Lincolnshire Police.4

Why are we here?

<£1m of outsourced services to be commissioned over the next 2 years.

Full E U Tender process. Awareness of knowledge gap. Supporting the SME & Micro communities. Essential that those who want to bid are

confident in being able to do so. Equal Opportunity for all.

House Rules

Rule 1. There is no such thing as a silly question.

Rule 2. If you do not understand what I am talking about it is MY FAULT not yours. Stop Me.

Rule 3. No Company, Organisation or charity is too small to be part of this process.

Rule 4. Informal session, It is your session.6

Robert Cobb MCIPS MCMI7

So what is this Procurement Malarkey?

• It is NOT just purchasing.• Yes, It is about price but

it is also about Quality and Ability to supply

• Covers the whole Procurement Cycle from Inception of Need to End of use of the asset.

What is Tendering

Tendering is the process of making a legally binding contractual offer, (bid) in response to an invitation or request for tender.

It is normally time bound for a specific period It will have a definitive closing date for bids to

be received. Bids are provided in confidence and

undisclosed until the close time when no further bids can be accepted. 8

What is Tendering

It is a firm offer. It will be evaluated against the pre set criteria

only Carried out by a pre appointed evaluation

panel It is open and transparent, free from Bias or

favour Cannot be withdrawn after acceptance

without invoking breach of contract. Can be awarded to single or multiple Bidders.9

So what is E Tendering?

• Exactly the same process but conducted via a specialist piece of software.

• A number of different packages available aimed at specific sectors (Blue Light)

So what is E Tendering?

• Stops Endless piles of paper.• Saves Time & Money.• Ensures Fairness, Openness and

transparency.• Easy to use for both parties.• Facilitates full E U Compliance.• Manages the procurement Cycle from

Expression of interest to offer and award.• Secure management of Data.• Fully Auditable.

Do’s and Don’ts of Tendering

Do be Honest in your answers. Dishonesty will automatically void your response.

Do have a Plan with a time table. Do read ALL the documents and follow the

instructions. If in doubt, ASK. Do not assume. Do not leave it to the last minute. It shows. Upload in plenty of time.

Do’s and Don’ts of Tendering

Don’t use Acronyms. You may know but we do not.

Don’t change the documents. Don’t send things that we have not asked for. Don’t question staff outside the audit trail. Don’t be impatient. The process takes time. Never, ever disclose your bid to others.

E U Procurement Regulations & Process

Origin of the E U Public Procurement Regulations

The Official Journal of the European Union First thoughts of E U principles came into

existence back in 1962 in its earliest forms. Various guises until we reach the current

legislation. (Statutory Instrument 2006 No. 5) The Public Contracts Regulations 2006

The term 'Journal' is misleading, as production of the hard copy version ceased in 1997, and can now be accessed online via Tenders Direct – TED.15

Origin of the E U Public Procurement Regulations

Undertaking a major review in 2014 Aimed at assisting SME and ensuring inclusion Reducing Time scales and mandatory periods Four main Procurement Models

Open Restricted Competitive Dialogue Negotiated

Legislation

European Legislation UK ImplementationPublic Contracts Directive 2014/24/EU Procedures for the award of public works contracts, public supply contracts and public service contracts.

Statutory Instrument 2006 No. 5 The Public Contracts Regulations 2006 (see amendments below)

Scottish Statutory Instrument 2012 No. 88The Public Contracts (Scotland) Regulations 2012.

Directive 2007/66/EC Remedies DirectiveAmends the existing Remedies Directives (89/665/EEC and 92/13/EEC) to improve the effectiveness of review procedures concerning the award of public contracts

The Public Contracts (Amendment) Regulations 2009

Current E U Thresholds.

SUPPLIES SERVICES WORKS

Entities listed in Schedule 1

£111,676(€134,000)

£111,6762

(€134,000) £4,322,0123

(€5,186,000)

Other public sector contracting authorities

£172,514(€207,000)

£4,322,0123

(€5,186,000)

Indicative Notices £625,050(€750,000)

£625,050(€750,000)

£4,322,012(€5,186,000)

Small lots £66,672(€80,000)

£66,672(€80,000)

£833,400(€1,000,000)

PUBLIC CONTRACTS REGULATIONS 2006 - FROM 1 JANUARY 2014

NB. These are contract values rather than annual values

Benefits of the E U Procurement Regs.

Promotes competition Generates VFM Ensures openness and transparency Promotes fairness and professionalism Enabler of SME Sector Generates contractual commitment Fully auditable

Legal Compliance, Who needs to Comply.

Any Public Authority - Not the supplier. Regulation 3 provides a non-exhaustive list

of contracting authorities which are subject to the application of the regulations.

Public Authorities Utilities Charities

‘A body governed by public law’.

What Happens if we Don’t Comply

Failure to comply with the EU rules could result in; The risk of a legal challenge by suppliers. They must show that they have suffered loss

as a result of the breach. The UK can be challenged by the Commission

in the Court of Justice of the European Union. Contract is set aside.

The Process

Provisional Time Table

Open Process General Information Day 0 17 June 2014Procurement Bidders Day 0 26 June 2014Prepare Scope of Tender Specification 75 09 September 2014Finalise specification & sign off 10 19 September 2014Prepare Tender Documents 3 22 September 2014Issue Contract Notice 5 27 September 2014Closure of clarification period 35 01 November 2014Mandatory period 21 22 November 2014Tender Closes, open and structure 1 23 November 2014Evaluationm period 30 23 December 2014Supplier Clarfication meetings 10 02 January 2015Issue intent to award 7 09 January 201510 Day mandatory period 11 20 January 2015Prepare Contracts Docs (Inc Timeframe above) 0 20 January 2015Issue Contracty Documents 3 23 January 2015Issue OJEU Award notices 7 30 January 2015Phase in period. 60 31 March 2015Contract Start date 1 01 April 2015

Communication

Open Communication from the start. Equal opportunity for all, including today. Reluctant to engage in 1 – 1 from here in. Communication instruction within Tender

Docs. Officially Closes on issue of Tender Docs Internal Question Process for auditable

process Q & A sheet ensures - Reply to all

What can we Discuss

Will answer process questions such as: “How Do I” “Where is” “What does ? Mean”

Will not answer individual questions that directly or indirectly reflect how your bid is to be Formulated: “How Much should I put for x”

The Process

The Following is a step by step advisory process of what we will be doing.

We will be using a fully electronic e tendering system.

Step 1 - Register your organisation with the on-line tendering system.

https://ukstage.eu-supply.com/

The Process

Once you have registered your organisation, that’s all you need for now.

We will then upload all the tender documents. You will receive an automated e mail to inform

you that they are there. You then have access to the documents which

you will be able to down load. You then work on these documents off line.

The Process

What documents will there be.1) Cover letter2) Instructions to tenderers3) Time table4) ITT text5) Scope of service requirements6) Tender evaluation criteria7) Schedule of rates8) Tender declaration – Form of tender.9) Terms & conditions of business

The Process

Once you have downloaded the Documents, there is a 35 day clarification process.

This is your time to ask questions Ask a question by uploading it into the portal This sends me an e mail with your question. I respond in exactly the same way. You then download the answer (Q & A Doc).

The Process

All questions will be published to all along with the answer but NOT THE REQUESTER.

Q & A Document will be held on the portal and updated so regular review is required before you ask.

Bidders must not e mail directly otherwise this circumnavigates the audit process and repeated action will void your bid.

The Process

On the given date the clarification period closes. You can no longer ask questions although outstanding questions will be answered.

It is now time for you to complete your offering/bid.

Please refer to the check list that has been issued. This will ensure that you have provided EVERYTHING

Ensure you upload all you need in good time. Systems do fall over with “SODS LAW” regularity.

The Process

The closing date & time is FINAL and will not be

extended

No Further documents will be able to be uploaded once

this time passes, the system is locked.

There is no benefit in withholding until the last minute

as the system is locked and no one can see anything

until the allotted time.

The Process

The evaluation of all the bids received will be carried out by those previously nominated and no one else.

Your bid will be evaluated against the pre set criteria that was stated in the tender only, no other considerations will be taken into account.

Further Clarification may be required. If this is required, we may need to speak to you again to fully understand what you are offering. This is NOT negotiation.

The award

We will write to all bidders informing them of our intent to award

whether they have been successful or a regret letter if they have not. These are standard letters and not bidder specific.

It will announce our intent to award it is NOT as this stage a final agreement.

Subject to 10 calendar day standstill period. Opportunity for legal challenge.

The award

Assuming no challenge, letters and contracts will be confirmed after 10 calendar Days.

Award decision posted to OJEU to confirm publicly who has been awarded the business.

Phase In period Begins. Review meetings commence. Feed Back to unsuccessful bidders is provided If a challenge is made, All aspects of the

decision and process are stopped, until we reach a solution.

Summary and Close.

Register your business on E U Supply. No such thing as silly questions Read the instructions and do what is asked. Transparency, fairness and openness are

paramount. Ask for help if needed Feedback – please use post it on wall.

Tommy says,

OK man, I see now.

Questions.

42QUESTIONS