Meeting documents

To be presented by Tricia Hook, Senior Procurement Manager and Richard Ambrose, Director of Assurance.

Patricia Hook presented the report and provided updates on the following key points:

·         Since organisational changes that took effect in April 2015 the number of exemptions had fell significantly.

·         The Public Procurement Regulations changed in February 2015. As part of these changes there was a requirement for local authorities to publish contract opportunities and award notices on Contracts Finder to allow more visibility and transparency. Lapses had been monitored by the Crown Commercial Services (CCS) and the Council had lapsed on three occasions. At present the CCS had been naming and shaming authorities but had made reference to further sanctions being introduced from February 2016. These sanctions had not been clarified but reference had been made to this being a financial penalty. It was said that steps had been taken to communicate this to the wider organisation as often quotes are conducted at Business Unit level. Marcus Ward advised that he had not been aware of communications to external auditors in respect of sanctions.

·         The requirement to publish opportunities was linked to local CSO and for Buckinghamshire this meant that the local threshold of £173k would apply.

·         There had been two potential breaches of EU Regulations this year which could be seen at the bottom of page 80 of the agenda pack. Guidance had been issued to Managing Directors of Business Units to remind of the process to follow when in breach.

·         With the CMA being updated more information would be available around contract pipeline opportunities so it was said the risk of issues slipping through the net would lessen. Patricia Hook advised that the Procurement Team have been contacting Contract Managers to remind them of contracts coming to an end and to gain the intentions of recommissioning / decommissioning and whether support from the team would be required.

·         It would be clarified at the front end of the process whether an issue is a key decision which would provide better governance with Members required to sign a key decision before contracts would go out to tender.

Member Questions

Question 1

·         A member asked how it would be ensured that information would be passed across the whole organisation.

·         Patricia Hook advised that the usual channels of communication were being taken which included information sharing through Swan Vision and Managers Briefings. It was also being highlighted in user guides for anyone new to the system to attend a drop in session with the Procurement Team. A report would shortly be able to be run which would highlight internally any areas not applied.

Question 2

·         It was asked what frequency this Committee would receive a report.

·         Ian Dyson advised a half yearly report would be relevant.

Question 3

·         A Member expressed concern at lapses and asked how the breaches happened.

·         Patricia Hook advised that this could be down to resources or poor planning. Occasionally a number of contracts expire at the same time and if it made commercial sense to aggregate them together this could result in a breach but provide better value in the longer term.  Patricia Hook added that she did not believe there had been more breaches now than there had been in the past although they were now more visible.

RECOMMENDATION

Members are asked to note this report.

RESOLVED

The Committee noted the report.

The Chairman thanked Patricia Hook for her report.