Clackmannanshire
Third Sector Interface
Council procurement policy and changes in
legislation
27th February, 2017
Derek Barr FCIPS
Procurement Manager
Clackmannanshire Council
Clackmannanshire
Third Sector Interface
Agenda
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Background
Changes in Legislation
Procurement Policy
Q&A
Clackmannanshire
Third Sector Interface
Background
March 2016
Session to facilitate dialogue between public
sector and third sector partners to establish new
and different positive relationships and to identify
where there is a common shared agenda.
Clackmannanshire
Third Sector Interface
Background
March 2016
There is a growing interdependence between the public and third sectors in
terms of:
challenges (doing more with less); common goals (sustaining Services and
improving outcomes);
better partnership working underpins this (removing silos); and new forms of
partnership
working (e.g. Public Social Partnerships) can result in radically new ways of
thinking and services.
Clackmannanshire
Third Sector Interface
Background
Priority 5: Service Commissioning and
Procurement
Objectives
Key Actions
Timescale
Responsibility
Extend awareness
of implications of
Public
Procurement
Reform legislation
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Oct 16
PMi/CTSI
Jan 17
PM/CTSI
Strengthen
Council approach
to commissioning
small contracts
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Workshop discussions to brief third sector on
Council procurement policy and changes in
legislation
Establish monthly communication between
Council procurement manager and CTSI
Review Standing Orders in relation to
tendering of small contracts
Jan 17
PM
Make use of
Reserved
Contracts to
purchase from the
third sector
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Apr 17
CTSI
Ongoing
PM/CTSI
Better Align
Service Level
Agreements with
Alliance Priorities
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Identify third sector suppliers that meet
‘Supported Business’ criteria
Identify opportunities to make use of
reserved contracts for local supported
businesses at monthly meetings
Map grant-aid and commissioned spend
from the Council to the local third sector
Initiate a review and appropriate changes to
Service Level Agreements based on Alliance
policy priorities
Dec 16
PM
April 2017
Alliance
i
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PM = Procurement Manager
Clackmannanshire
Third Sector Interface
2013
 Procurement Reform (Scotland) Bill introduced to Scottish
Parliament
 Stage 1 of parliamentary scrutiny commences
2014
 Procurement Reform (Scotland) Act 2014 receives Royal Assent
Clackmannanshire
Third Sector Interface
2016
 EU Directives come into effect in Scotland
 Statutory Guidance published under the Procurement Reform
(Scotland) Act 2014
http://www.gov.scot/Topics/Government/Procurement/policy/SPP
NSSPANS/policy-notes/2015/SPPN62015
Clackmannanshire
Third Sector Interface
Clackmannanshire
Third Sector Interface
Clackmannanshire
Third Sector Interface
The New Light-Touch Rules Regime for Health, Social, Education
and certain other Service Contracts:
What is the new light-touch rules regime?
The new light-touch regime (LTR) is a specific set of rules for
certain service contracts that tend to be of lower interest to crossborder competition.
Those service contracts include certain social, health and
education services
Clackmannanshire
Third Sector Interface
The New Light-Touch Rules Regime for Health, Social, Education
and certain other Service Contracts:
What has changed?
The former distinction between Part A and Part B service contracts has
been abolished, and a new rules regime has been introduced for
certain health, social and other services.
This is a significant and fundamental change that all procurement staff
and many other stakeholders will need to understand.
Clackmannanshire
Third Sector Interface
The New Light-Touch Rules Regime for Health, Social, Education
and certain other Service Contracts:
Beside the mandatory aspects of an LTR procurement, procurers enjoy
considerable discretion in a number of areas. These include:
 The ability to talk about the procurement before the procurement –
by engaging with the market and relevant stakeholders.
 The ability to be creative with award criteria (but linking them to
subject-matter of the contract). For example, the empowerment of
service users, and taking into account their needs, are
ostensibly encouraged in that the ability of procurers to do so is
specifically referred to.
Clackmannanshire
Third Sector Interface
The New Light-Touch Rules Regime for Health, Social, Education
and certain other Service Contracts:
 Awarding contracts in lots, and limiting the number of lots which a
single supplier can bid for – or even win.
 Potentially, the ability to go beyond the “traditional” lists of
mandatory and discretionary exclusion criteria – and to introduce
others (as long, of course, as they are relevant, reasonable and
proportionate and do not breach equal treatment and transparency).
Clackmannanshire
Third Sector Interface
Supported Business / Supported Employment Programmes
Clackmannanshire
Third Sector Interface
Procurement Strategy
http://www.clacksweb.org.uk/site/documents/procurement/procurementstrategy/
During the 2017/18 period the Council will undertake relevant and
proportionate consultation and engagement when preparing the full
procurement strategy. The purpose of this is to ensure that the
Council’s approach and procurement strategy takes account of
stakeholders’ views and that stakeholders have the opportunity to
engage and contribute to development of the strategy.
In doing so, the Council will gain a better understanding of the needs of
the area and tailor the strategy to reflect those needs. Indeed one of the
areas that the strategy itself must address is the Council’s policy on
consulting and engaging with those affected by its procurements.
Clackmannanshire
Third Sector Interface
Procurement Strategy
http://www.clacksweb.org.uk/site/documents/procurement/procurementstrategy/
Strategic Theme 3
Maximise local opportunities:
To support and encourage an effective local supplier market including
the voluntary sector and the promotion of local social value in
contracts.
Clackmannanshire
Third Sector Interface
Contract Standing Orders
http://www.clacksweb.org.uk/site/documents/procurement/contractstandingorders/
The purpose of Contract Standing Orders (CSO) & The Corporate
Procurement Process "The Procurement Journey is to set clear rules
for the Procurement of Goods, Works and Services for the Council.
These rules & processes ensure that the Council is fair and
accountable in its dealings with contractors and suppliers, while
ensuring that the Council obtains value for money and that it is taking
good care of public funds This consistent approach across the Council
using best practice templates aims to embed a stronger compliance
and Governance culture across the Council.
Clackmannanshire
Third Sector Interface
Contract Standing Orders
Section 12: Council Policy Objectives
The Council can use its buying power to help it achieve its policy objectives.
The Council's policy objectives will be considered in every procurement
process and, where appropriate, incorporated into the contract strategy,
evaluation model and terms and conditions of contract.
The Council has a clear vision to make Clackmannanshire a better place to live
and work by having better services, better opportunities and better
communities. The Council aims to provide a range of services, activities and
facilities which make a difference to people's health and well being, to
sustaining economic growth and to the strength and vibrancy of communities.
Clackmannanshire
Third Sector Interface
Contract Standing Orders
To achieve these outcomes, the Council works with local people and groups, as
well as many partners in the public, business and voluntary sectors. The Council will
focus resources on its priorities given the challenging financial environment and its
commitment to providing best value for money for the people of Clackmannanshire.
Clackmannanshire offers great potential for individuals, families, businesses and
employers. The Council wants to help improve life chances for individuals and
families, as well as create a more positive environment for local businesses and
employers. The Council will invest to create the right environment for everyone in
Clackmannanshire to succeed and reach their maximum potential by: proactively
supporting new businesses and existing businesses by reducing bureaucracy and
red tape. The Council will while aim to maximise the local benefit of all monies
spent through its Procurement Contract policies and protocols to assist as many
local businesses as possible to obtain Council contracts.
Clackmannanshire
Third Sector Interface
Contract Standing Orders
The use of community benefit clauses and the creation of job opportunities
through procurement will be incorporated in tenders as the default position
unless there are explicit reasons why this is not appropriate.. This will provide a
more systematic picture of the social and community benefits that can be
delivered both directly and through the supply chain
Where applicable employment practices and “workforce” matters, including
payment of the living wage, shall be considered in the course of a public
procurement exercise.
Where possible the use of a reserved framework under the Scottish
Regulations for the Council will enable Officers to reserve contracts with
supported businesses more readily without having to resort to full tendering
exercises
Clackmannanshire
Third Sector Interface
Contract Register
http://www.clacksweb.org.uk/site/documents/procurement/contractregister/
The Current Contract Register report is a list of all Tenders that the
Council have entered into.
The Trade Creditor List is a list of the Council approved suppliers. A
Trade creditor is a supplier of goods and services where an
arrangement between the Council and a third party has been agreed to
buy goods or services on account and the third party provides the
Council with an agreement to bill later, stipulating a fixed number of
days or date detailing when the Council should pay
Clackmannanshire
Third Sector Interface
Procurement Annual Report
http://www.clacksweb.org.uk/business/procurementannualreport/
This report provides an update on procurement activity
within Clackmannanshire Council and provides an overview
of the resources that are available to deliver effective
procurement and the actions taken to ensure that
procurement is effective and efficient as possible.
Clackmannanshire
Third Sector Interface
Procurement Annual Report
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This report includes
a summary of the regulated procurements that have been completed during
the year covered by the report,
a review of whether those procurements complied with the authority's
procurement strategy,
a summary of any community benefit requirements imposed as part of a
regulated procurement that were fulfilled during the year covered by the
report,
a summary of any steps taken to facilitate the involvement of supported
businesses in regulated procurements during the year covered by the report
and
a summary of the regulated procurements the authority expects to
commence in the next two financial years.
Clackmannanshire
Third Sector Interface
Clackmannanshire
Third Sector Interface
Following the Ready for Business initiative,
Clackmannanshire Third Sector Interface (CTSI)
on behalf of organisations funded by the Council
has signalled a desire to work co-productively with
the Council to achieve required efficiencies and
improve outcomes. This includes mapping assets,
improving evidence of impacts, and sharing
resources, including accommodation and
administration
Clackmannanshire
Third Sector Interface