Issue - meetings

Improving Procurement Decision-making and Governance

Meeting: 16/11/2022 - Cabinet (Item 89)

89 Improving Procurement Decision-making and Governance pdf icon PDF 117 KB

The attached report sets out the recommendations and actions to be taken to simplify, accelerate and improve procurement decision-making for contract spend. An Annual Procurement Plan (APP) will enable earlier engagement with the Executive Mayor and Cabinet Members, improving the influence for the strategic approach to commissioning and procurement and streamlining the decision-making process.

 

 

Additional documents:

Decision:

The Executive Mayor in Cabinet is recommended to:

 

1.     To approve the introduction of an Annual Procurement Plan (APP) to the Executive Mayor in Cabinet that includes proposed procurement and contract extension and the delegated decision makers for the forthcoming year. The updates and progress on the APP to be reported to the Mayor in Cabinet on a quarterly basis.

 

2.     To approve the first Annual Procurement Plan for the remainder of the financial year and for the period November 2022 to March 2023 as set out in Appendix 1.

 

3.     To approve the delegated decisions in the APP to those Lead Members or Officers as stated in Appendix 1 that includes the contract/procurement strategy and award decisions, the duration of the contract and contract value.

 

4.     The delegated decisions shall only be exercised following recommendations from the Contracts & Commissioning Board, which require approval from both the Lead Cabinet Member and the Cabinet Member for Finance.

 

5.     To allow for minor changes to proceed whilst retaining the agreed delegated so long as none of the following thresholds for changes are exceeded:

 

                           i.          Contract value exceeds that proposed in the APP/Quarterly Update Report, by the lesser of £500K or 25%, or the new aggregate value exceeds £1m and it becomes a key decision

 

                          ii.          Substantial / material changes to procurement from that defined in the APP/Quarterly Update Report e.g. material risks are identified

 

(Should either of those thresholds be exceeded, the delegation cannot be exercised, and the decision shall be recommended to the Executive Mayor, unless a further delegation is approved. Where a delegated decision is a Key Decision to Officers, it must be made in consultation with the Lead Cabinet Member.)

 

6.     To approve a re-drafting of the Tender and Contract Regulations to reflect the proposed changes (and clarifications), to be reported to the Constitution Working Group with a view to seeking recommendations from the General Purposes Committee and/ or the Executive Mayor in Cabinet for onward recommendations to Full Council.

Minutes:

The Executive Mayor announced that he would be considering both matters together.

 

Cabinet considered two reports, which (1) set out the recommendations and actions to be taken to simplify, accelerate and improve procurement decision making for contract spend; and (2) helped to deliver the Executive Mayor’s pledge to improve effective contract management by ensuring it was robust contract management to ensure efficient, value for money services.

 

The Cabinet Member for Finance said it was good to have the Annual Procurement Plan available now as this would allow the Council to know in advance what was occurring over the year.

 

With regard to contract management, he said that the Council was now providing specific support and training to upskill those involved, which would result in savings and ensure that services were being delivered. 

 

In response to a Member’s question regarding time taken to achieve this, the Cabinet Member for Finance said there had been opportunities to challenge and change these under the previous administration and that these would develop over time.  He added that there had been no delays caused by any bottleneck suggested by the question.

 

The Executive Mayor, in Cabinet RESOLVED that:

 

a)            In respect of the improving procurement decision-making and governance report:

 

1.            The introduction of an Annual Procurement Plan (APP) to the Executive Mayor in Cabinet that included proposed procurement and contract extension and the delegated decision makers for the forthcoming year, be approved. (The updates and progress on the APP to be reported to the Executive Mayor in Cabinet on a quarterly basis.)

 

2.        The first Annual Procurement Plan for the remainder of the financial year and for the period November 2022 to March 2023, as set out in Appendix 1, be approved.

 

3.        The delegated decisions in the APP to those Lead Members or Officers as stated in Appendix 1 that included the contract/procurement strategy and award decisions, the duration of the contract and contract value, be approved.

 

1.            The delegated decisions shall only be exercised following recommendations from the Contracts and Commissioning Board, which required approval from both the Lead Cabinet Member and the Cabinet Member for Finance.

 

2.            Minor changes be allowed to proceed whilst retaining the agreed delegated so long as none of the following thresholds for changes were exceeded:

 

i)             Contract value exceeds that proposed in the APP/Quarterly Update

Report, by the lesser of £500K or 25%, or the new aggregate value

exceeds £1m and it becomes a key decision.

 

ii)    Substantial / material changes to procurement from that defined in the APP/Quarterly Update Report e.g., material risks are identified.

 

(Should either of those thresholds be exceeded, the delegation cannot be exercised, and the decision shall be recommended to the Executive Mayor, unless a further delegation is approved. Where a delegated decision is a Key Decision to Officers, it must be made in consultation with the Lead Cabinet Member.)

 

3.            A re-drafting of the Tender and Contract Regulations to reflect the proposed changes (and clarifications), to be reported to the Constitution  ...  view the full minutes text for item 89