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Chapter 64: Contract and Procurement Procedure Rules
Chief Officers shall ensure that the Executive or an Executive Member is consulted on any procurement activity of a controversial nature. If however the decision is a ‘key’ decision that has not been delegated then a report must be submitted to Cabinet for determination having proper regard to the Access to Information Rules set out in Part B, Chapter 10 of the Constitution.
The purpose of these Procedures is to lay down a set of rules which provide a framework for all those involved in procuring supplies, works and services on behalf of the Council, or interacting with providers, or potential providers. They apply to all representatives of the Council, Officers, Agents, or Members. Failure to comply with these Procurement Procedures may put the Council at risk and can lead to disciplinary action against the person responsible.
3.1 The purpose of procurement activity is to achieve best value for local people in accordance with the Council’s statutory or approved objectives and the Corporate Procurement Strategy. This should include an innovative approach to relationships with the private and not-for-profit sectors within a robust contractual framework. Officers with responsibility for procurement must ensure that they are able to demonstrate achievement of best value by having regard to a combination of economy, efficiency and effectiveness.
Table 1 below summarises the different procurement thresholds, the procedures to be followed and the officers who are authorised to undertake an RFQ or procurement at each level. The authority to award contracts, following a RFQ or procurement process, is set out at paragraph 10.2 of Part 3 of the Constitution.
7.4. Officers must take careful consideration of the requirements; in doing so they may undertake research, discussions or briefings with several suppliers before the quotation or tender is issued. Any engagement with supplier must be undertaken in a manner that does not restrict competition or prejudice a fair and transparent procurement process.
11.2 Officers engaging with any organisation where the contract of engagement may fall within the scope of IR35 regulations, that is, individual(s) that will be providing the services under the contract could be considered 'disguised employees' must undertake the HMRC employee’s status assessment (IR35 assessment) before engaging in or awarding a contract. Guidance and process map on how to undertake the assessment will be on the Council’s intranet. Failure to undertake the assessment and follow the agreed process may lead to disciplinary procedure.
13.1 In the case of procurement of ICT related supplies and services, the Corporate ICT partner may need to be engaged and officers must consult with the ICT Client Team and/or their ICT Business Partner.
18.2. Whilst it will not be possible to check that every single supplier to the Council complies with the Code, officers should draw suppliers’ attention to the Code. Subscription to the code will be mandatory for those suppliers participating in a quotation or tender process.
21.1 The council has an obligation to publish specific information in the public domain. However, the Freedom of Information Act enables certain confidential information and commercially sensitive material to be withheld. Officers must therefore ensure that bid information is kept confidential at all stages, especially during the bid evaluation process and after the contract is awarded. Suppliers must also be given the opportunity to highlight in their bid any information that they would not wish disclosed under freedom of information request.
25.2. Officers undertaking the quotation process are responsible for the selection of suppliers. Suppliers selected for quotation should be located in the Tower Hamlets area unless a good business reason exists for selecting suppliers who are not based locally.