the police and crime commissioner for lincolnshire procurement process & support for victims’...

The Police and Crime Commissioner for Lincolnshire

Robert Cobb MCIPS MCMI

Procurement process & support for Victims’ Services

in Lincolnshire

Procurement Workshop

26th June 2014

1



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

2



Introduction


26th June 2014

3



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.

5



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Cannot be withdrawn after acceptance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.

12



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.

13



E U Procurement Regulations & Process


26th June 2014

14



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

16



Legislation

17

European Legislation UK Implementation

Public 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.

18

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)

£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.

19

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.

20

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

21

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


26th June 2014

22



Provisional Time Table

23

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

24

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

25

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

26

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

31

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

32

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

33

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

34

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

35

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

36

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

37

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

38

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

39

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.

40

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,

41

OK man, I see now.



Questions.

42

QUESTIONS

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