The Leader’s Portfolio
To consider report FIN/501 of the Head of Corporate Finance, which was referred to the meeting of the Overview and Scrutiny Commission held on 22 June 2020.
The Leader presented report FIN/501 of the Head of Corporate Finance which set out the procurement forward programme. The programme identified the Council’s key procurements that will require tendering over the coming six month period, which consisted of the following contracts:
· Disabled Adaptations (Crawley Homes)
· Unified Telecoms
· Temp Agency Staff
· Building Repairs & Maintenance
· District Hear Network – Operation, Maintenance, Metering and Billing.
Councillor Rana presented the Overview and Scrutiny Commission’s comments on the report to the Cabinet following consideration of the matter at its meeting on 22 June 2020, which included:
· Recognition that the Council’s procurement is governed by the EU Public Procurement Directives and the Public Contracts Regulations 2015 and Council’s Procurement Code. Confirmation that when the UK leaves the EU, advertising may change but the EU Public Procurement Directives were enshrined in UK law.
· Recognition that after the award of contracts there was involvement and consultation with the relevant Cabinet Member as posed in recommendation 2.2(c). It was felt that this engagement should also be included in recommendation 2.2(b) at the award of contract stage so as to further enhance the greater transparency and involvement. It was subsequently recommended that recommendation 2.2(b) be amended to include consultation with the appropriate Cabinet Member. Following an unanimous vote, it was agreed that the Cabinet be requested to consider this addition and recommendation 2.2(b) would now read: ‘delegates authority to the Leader of the Council in consultation with the appropriate Cabinet Member, the relevant Head of Service, and Head of Legal, Democracy and HR to approve the award of the contract following an appropriate procurement process’.
Cabinet Members agreed that the proposed amendment to recommendation 2.2(b) be accepted.
A recorded vote was taken on the recommendations, including amended recommendation 2.2(b), in accordance with the Council’s Virtual Committee Procedure Rules. The names of the Councillors voting for and against the recommendations, along with any abstentions, are recorded as set out below:
For the recommendations:
Councillors Irvine, Jhans, Lamb, Mullins, and P Smith. (5)
Against the recommendations:
That the Cabinet
a) approves the procurement forward programme June 2020 – December 2020.
b) delegates authority to the Leader of the Council in consultation with the appropriate Cabinet Member, the relevant Head of Service, and Head of Legal, Democracy and HR to approve the award of the contract following an appropriate procurement process.
c) delegates the negotiation, approval and completion of all relevant legal documentation, following the awarding of the contracts to the relevant Head of Service, Head of Legal, Democracy and HR, Head of Corporate Finance, in consultation with the appropriate Cabinet Member.
(Generic Delegations 2 & 3 will be used to enact this recommendation)
Reasons for the Recommendations
By approving the procurement forward programme there is greater transparency of future procurement processes allowing more scope for internal stakeholders to input into how future contracts are delivered.
The approval of the forward programme provides a key decision that will enable the individual procurement processes to be awarded under delegated authority once the tender process has concluded giving the Council the ability to reduce the time required to complete a procurement process.