Procurement Regulatory Framework

Policies and Procedures

Procurement in the public sector is governed by a number of statutory requirements such as the Council’s Contract Standing Orders, and National Procurement Directives. Contracts are awarded on the principle of either the lowest cost or the most economically advantageous as determined by the criteria relevant to the type of supplies, services or works required.

Contract Standing Orders

Contract Standing Orders January 2020 provide the legal and operational procurement framework setting out the rules that the Council must follow in seeking tenders and letting contracts. They ensure that the Council achieves value for money in the way it spends public funds; that it complies with the regulations that govern the spending of public money; and procures in an open and transparent way.

The Agreement on Government Procurement (GPA) is a plurilateral agreement under the auspices of the World Trade Organisation (WTO) which regulates the procurement of goods and services by the public authorities of the parties to the agreement, based on the principles of openness, transparency and non-discrimination

In order to comply with these regulations and principles, staff procuring on behalf of the Council are required to adhere to the following procurement procedures:

• Estimated value of less than £16,500
  Procedure: Is there a contract in place?
  Yes - Use contract
  No - four written quotes required
• Estimated value of £16,500 to EU threshold level
  Procedure: Advertise Opportunity on Public Contracts Scotland Portal, and on Council website. If value is below £50,000 and requirements are well specified Quick Quotes may be used.
• GPA thresholds
  Procedure: Advertise on Public Contracts Scotland Portal and in the UK Find a Tender Service (FTS).

Thresholds

Threshold values for contracts subject to procurement legislation and for publishing notices remain unaltered. These values, sometimes referred to as OJEU thresholds, derive from the GPA so there is no change in the value and the value will be consistent throughout the UK.

Scottish Ministers (and for the rest of the UK the UK Government) will be responsible for reviewing and revaluing the financial thresholds every two years. The next review of the thresholds will be implemented by January 2022. However, as threshold values must remain aligned to those in the GPA this means there is no scope to introduce threshold values that vary from those of the GPA or OJEU.

Read our Annual Procurement Report 2021-2022 over the next few pages.

1.1  This annual report summarises the Council’s regulated procurement activity for the period 1st April 2021 to 31st March 2022, in line with Scottish Government’s Guidance under the Procurement Reform (Scotland) Act 2014, and in support of national and organisational priorities. A regulated procurement is any procurement for public supplies or services with value of over £50,000 and for public works of over £2 million. This complies with the Procurement Reform (Scotland) Act 2014 requirements to publish an annual Procurement Strategy and Annual Procurement Report.

1.2  East Dunbartonshire Council recognises the importance and the benefits of effective procurement The Corporate Procurement Team’s aim is to continue to develop and implement an effective procurement approach by:

• Setting out clear strategic objectives supporting the Council’s corporate priorities
• Procure goods, services and works in a lawful and ethical manner which encourages participation, collaboration and sustainable economic growth
• Embedding a continuous improvement approach to procurement
• A value for money procurement service that delivers and supports financial savings and best value. Maximising opportunities to collaborate, innovate and deliver efficiencies
• Increasing opportunities to Supported Businesses, Social Enterprises, local and SME suppliers to access public sector contracts
• Directing focus on sustainable procurement, including the identification and delivery of community benefits
• Deliver a quality service which supports delivery of quality outcomes to the citizens of East Dunbartonshire.

This will ensure the delivery of the Council’s regulated procurements in accordance with the mandatory requirements set out in the Procurement Reform (Scotland) Act 2014. The following legislative suite of documents supports this:

• Council Contract Standing Orders
• Financial Regulations
• Scheme of Delegation
• Annual Procurement Strategy.

1.3  Council Policies & Procedures

The Procurement Strategy and Governance approach will embed national and local policies and strategies in support of organisational performance management. The following policies will support achievement of this strategy:

• Anti-Bribery Policy
• Contract and Supplier Management (Included in Action Plan)
• Digital Transformation
• Continuous Improvement
• Climate Action Plan
• Climate Emergency Response Policy.

The Council’s Governance Framework and Policies capture the required actions from this Strategy. Procedure and documentation reviews will support the achievement of legislative requirements whilst securing best value. The following documentation supports delivery of this:

• Procurement Strategy And Governance Framework
• Organisational Transformation Business & Improvement Plan
• Procurement Authority levels
• Sourcing Strategies
• Web & Hub Guidance
• Training Packs.

The report has been closely aligned to the Council’s organisational objectives, taking consideration of the impact through BREXIT and COVID-19.

1.4 Executive Summary

• Total spend - £214,467,429
• Total number of supplies - 1,922
• Invoices processed - 74,995
• Invoices paid within 30 days - 93.44%
• SME suppliers - 1,036*
• Spend % with SME suppliers - 38.64%*
• SME spend - £79,536,209.94*

* Figure may be higher, SME data is only available for 1,317 suppliers.

Section 18(2)(a) of the Procurement Reform (Scotland) Act 2014 requires organisations to include “a summary of the regulated procurements that have been completed during the year covered by the report”.

Regulated procurement refers to any contract above £50,000 for goods and services, or £2,000,000 for works. A regulated procurement is completed when the award notice is published or where the procurement process otherwise comes to an end. Regulated procurements can refer to new contracts and framework agreements but also to mini-competitions and call offs from existing framework agreements.

Regulated Procurement Spend Profile

Pie chart of regulated procurement spend

Procurement Small to Medium Enterprise (SME) Spend Profile

Pie chart of procurement small to medium enterprise (SME) spend profile

View our List of Regulated Procurements Completed In Period 2021-2022

The Council’s internal Contract register contains details of contracts awarded above £16,500.

The Council’s Procurement Strategy 2021-22 provided a clear framework to ensure its Procurement Activities supported all services to meet the Council’s priorities. Progress continues within the delivery of the strategy.

Number of Regulated Contracts Awarded - 55

Awards from Non-Council Frameworks - 10

Total Estimated Value of Regulated Procurements - £50,829,936

% of Regulated Contracts awarded to SMEs during reporting period - 56.48%

% of Regulated Contracts awarded to local suppliers - 16.83%

Number of Contracts Awarded - 165

Awards from Non-Council Frameworks - 25

Total Estimated Value of Procurements - £58,096,161

In addition, the Council makes awards from existing Council social care frameworks. It also utilises the National Care Home Contract to make awards above regulated procurement thresholds.

During the same period there were instances where alternative methods of procurement were used in line with Council Standing Orders (e.g. where there is only one potential supplier, where competition is absent for technical reasons, etc)

Section 17 of the Procurement Reform (Scotland) Act 2014 requires that regulated procurements be carried out in accordance with the Organisation’s procurement strategy, so far as reasonably practical. Section 18(2) states that an annual procurement report must include, at 18(2)B, “a review of whether those procurements complied with the authority’s procurement strategy, and at 18 (2)C, “to the extent that any regulated procurements did not comply, a statement of how the authority intends to ensure that future regulated procurements do comply”

The Council’s Procurement Strategy 2021-2022 set out how the regulated procurement would be undertaken in compliance with the Act and in support of Organisational objectives.

All regulated procurement in the Council is undertaken in accordance with a legal and procedural framework that ensures that each procurement is compliant with the Strategy. Legal requirements are set out in the Council Standing Orders Relating to Contracts. Procedural requirements are set out in the Scottish Government Procurement Journey (for general procurement best practice) and is covered within the Corporate Procurement Governance approach.

Throughout the reporting period, the Council’s regulated procurements were monitored on an ongoing basis. This monitoring process consisted of reviewing the key supporting documents that underpin the legislative and governance framework including sourcing strategies, procedural documentation, and approval routing.

These combined processes work to ensure that regulated procurements are undertaken in compliance with the legal and procedural framework and, as a result, in compliance with the Strategy.  

The reviews have also allowed the Corporate Procurement Team to identify the following potential improvement areas:

• There are further opportunities to secure economic and social sustainability outcomes from a council wide approach to contract management
• The digitalisation of transactional processes will support further development opportunities
• Continue to work with service teams on advance work plans which will allow increased opportunities to deliver the best value from our regulated procurements
• Increase use of PIN’s for regulated procurements to support advance planning
• Refresher training for roles with Procurement responsibility
• Updated training documentation to support Iproc Self Service alignments
• Continue to develop our own Frameworks where appropriate to do so and to secure best value for East Dunbartonshire citizens and SME’s
• Review of Health & Social Care Partnership Contracting & Governance processes
• Contract & Supplier Management alignments with the Business & Digital Change Team.

The council is committed to ensuring that all suppliers who are awarded business are paid within 30 days. Prompt payment clauses requiring a 30 day payment term are embedded within contractual terms and conditions. During the reporting period, the council paid 93.44% of invoices within agreed timescales, again showing improvement and 1.44% above the set annual KPI.

Section 18(2)(d) of the Procurement Reform (Scotland) Act 2014 states that it is mandatory for the annual report to include “a summary of any community benefit requirements imposed as part of a regulated procurement that were fulfilled during the year covered by the report.”

Section 25 of the Procurement Reform (Scotland) Act 2014 mandates that all contracting authorities “must consider whether to impose community benefit requirements as part of the procurement” when the estimated contract value is greater than or equal to £4,000,000. However, community benefits are a key objective of the council’s Procurement Strategy for 2022 to 2023 and the Council’s own processes require that community benefits must be considered for inclusion in all requirements above £50,000.  The delivery date for Community Benefits which were unachievable due to COVID-19 have been extended, work is ongoing to support delivery within contractual requirements.

Contract/tender reference - EDC/2021/3123

Contract/tender title - Road Markings and Studs

Supplier - Mainline Road Marking Ltd

Community benefits - Engagement with East Dunbartonshire Council employment groups (Youth Employment Initiative, Main Pipeline Project etc) along with local employment and skills groups.

Work with local training providers to provide work experience, trainee placements and skills development opportunities for apprentices, those looking to retrain and re-skill and most critically the long term unemployed, the disaffected and NEET.

Support to approved Third Sector organisations and support groups such as the EDVA, and amateur associations that are committed to promoting positive mental health and healthy lifestyle choices to all age groups throughout East Dunbartonshire Council. Support given shall be in the form of event promotion/advertising, volunteering and fund raising.

Contract/tender reference - EDC/2020/3015

Contract/tender title - Traffic Management Services

Supplier - Apex Traffic Management Ltd

Community benefits - Supplier will support, charitable donations and external grant funding to support employment, advice, education and community programmes for Apex customers, reflecting 5 priority themes:

• Tackling Poverty and reducing customer social exclusion
• Increasing Employability for unemployed customers and disadvantaged Apexs
• Education: supporting customers to enter further and higher education
• Digital Inclusion: increasing customer access to digital facilities, skills and training
• Sports and the Arts: creating new sports, arts and recreation opportunities for customers.

Contract/tender reference - EDC/2021/3215

Contract/tender title - 6 Seat MPV with Wheel Chair Conversion

Supplier - TBC Conversions

Community benefits -Use of demonstrator vehicle for 1 week to benefit a community group or school, providing local sub-contracting opportunities, providing financial contribution of 1% of nett vehicle cost  to be used to benefit the community.

Contract/tender reference - EDC/2021/3219

Contract/tender title - City Deal – BRR5 – Professional Services (Contract 1 – Scooping & Early Works)

Supplier - Arcadis Consulting (UK) Ltd

Community benefits -Community Benefits will be delivered following the approach under the Scape Framework.

Contract/tender reference - EDC/2021/3224

Contract/tender title - City Deal – Strategic Services – Outline Business Case Coordination

Supplier - Turner & Townsend Consulting Ltd

Community benefits - The Supplier has committed to delivering 10nr Community Benefits Points from the GCRCD Community Benefits Menu.

Contract/tender reference - EDC/2020/3100

Contract/tender title - IHMS System

Supplier - NEC Solutions Ltd

Community benefits - Supplier will commit to supporting digital inclusion as part of this contract through provision of forty (40) brand new 10” digital tablets to a value of c.£6,000.  These will be distributed for use both within the Authority as part of any digital inclusion strategy as well as across third sector organisations, which provide digital inclusion support, for example OPAL: East Dunbartonshire Information Line or East Dunbartonshire Voluntary Action.

In addition, to support community health and wellbeing, they will also provide £6,000 of funding through donations in kind to Voluntary, Community and Social Enterprise (VCSE) organisations within East Dunbartonshire to support community projects or other support service provision.

Contract/tender reference - EDC/2021/3222

Contract/tender title - City Deal – Westerhill Masterplan

Supplier - Arcadis Consulting (UK) Ltd

Community benefits - The Parties will hold a scoping workshop with other relevant stakeholders at the inception stage of the contract. The workshop will determine community priorities (e.g. education, employment, training, local community initiatives, etc.) and set Social Value Targets in accordance with the approach under the SCAPE Scotland Consultancy Framework Agreement that meet the needs of the East Dunbartonshire community.

Contract/tender reference - EDC/2020/3066

Contract/tender title - Traffic Management Equipment Maintenance & Ancillary Support (2021–2024)

Supplier - Dynniq UK Ltd

Community benefits - Supplier is committed to enrolling 3 employees working on this contract onto an NVQ programme.

They will commit to attending a local careers event and liaise with Skills Development Scotland to identify a suitable careers event to attend.

Commitment to providing financial support for a community project by providing a free switch off for a nominated parade, special walk, sporting or charity event.

They have identified East Dunbartonshire Association for Mental Health as their chosen community project to provide financial support to.

Contract/tender reference - EDC/2020/3081

Contract/tender title - Ravenswood

Supplier - The Mungo Foundation

Community benefits - TMF is a locally based employer.  They run recruitment events based in East Dunbartonshire in order to target the local labour workforce.  They also provide development and upskilling opportunities for the people they support by involving them in recruitment activities within East Dunbartonshire services.

Contract/tender reference - EDC/2020/3113

Contract/tender title - School Counselling

Supplier - Lifelink

Community benefits - Supplier has committed to the following:

Access to digital wellbeing classes for all EDC residents.

Work experience for young people including mock interviews/skills coaching.

Apprenticeship roles and Kickstarter participation.

Practical experience for local counsellors in training – supporting graduates/students.

Careers in counselling support for students.

Attendance at careers events – helping to mentor the long-term unemployed.

Contract/tender reference - EDC/2020/3040

Contract/tender title - Recyclate Waste

Supplier - Levenseat UK Ltd/ Saica Natur UK Ltd

Community benefits - Levenseat will install at least one electric machine to replace existing mobile plant.

Saica Natur welcomes the opportunity to work with local charities or organisations to develop local CSR or environmental projects.  It is committed to a target of zero waste.

Contract/tender reference - EDC/2020/3049

Contract/tender title - Internal Transport Fleet Vehicle Replacement - Buses

Supplier - Woodall Nicholson T/A Mellor Coachcraft

Community benefits - The sponsorship of a local school team is something supplier already does in Rochdale area, and they would welcome an additional school from the East Dunbartonshire area. 

Initially this will involve kit sponsorship but this could progress once a good relationship with the school has developed and there is an understanding what support is required.

Supplier is happy to East Dunbartonshire based organisations for sub-contracting opportunities where available.

Contract/tender reference - EDC/2021/3194

Contract/tender title - Electrical Installation Condition Reports

Supplier - MP Group

Community benefits -

Supplier has offered to work with EDC to identify a local club, projects or initiative that would benefit from support. This could take the form of financial contributions or the donation of staff time, labour and/or materials to assist with fundraising or help in the upkeep and maintenance of premises.

They will work with EDC to identify local Third Sector and Voluntary Organisations in the region who may be able to supply materials or services on other Contracts within their portfolio. They can assist these organisations with the Pre-qualification process and offer assistance and guidance to enable them to become part of their supply chain.

Contract/tender reference - EDC/2021/3281 – SXL 0720

Contract/tender title - Vehicle Parts

Supplier - Aebi Schmidt UK Limited, AM Phillip Trucktech Limited, Charles Pugh Windscreens T/A National Windscreens, Dennis Eagle Limited, Dingbro Limited, Econ Engineering Limited, Faun Zoeller (UK) Limited, Fleet Factors Ltd, Volvo Group UK Ltd

Community benefits - Scotland Excel Framework where Community Benefits Points are issued to Councils in correlation to level of spend with each supplier. Councils and Suppliers will discuss most appropriate way to ‘spend’ these points. The Community Benefit headings in which these can be spend include Fundraising, Work Experience, Training Sessions, Employability Workshops, Donations of Materials/labour, Sponsorship, Apprentice recruitment, full recruitment.

Contract/tender reference - EDC/2021/3285

Contract/tender title - Carriageway Coal Tar Removal and Resurfacing

Supplier - Maclay Civil Engineering Ltd

Community benefits - Supplier would like to work closely with EDC to explore opportunities to engage social enterprise companies in delivering works. They recently participated in a “Maths & Numeracy in the Workplace” event with North Lanarkshire Council and would be able to offer a similar initiative with East Dunbartonshire.

Contract/tender reference - EDC/2021/3379 – SXL 1220

Contract/tender title - Education Materials

Supplier - Findel Education Limited, Grosvenor House Papers Limited, TTS Group Limited, YPO

Community benefits - Scotland Excel will work with members and suppliers to ensure that offered community benefits are measured and monitored throughout the lifetime of the framework. 

Delivered benefits will be based on the annual spend thresholds of supplier’s cost provided for individual members. 

When members reach annual spend thresholds with a supplier they will accrue “community benefits points”.  The community benefits lead, or other designated person, will liaise with the supplier to finalise the specific benefits that they are offered under the framework relative to the spend.

Scotland Excel will calculate the community benefits points owed to councils at the end of each year of the framework. This information will be provided to both suppliers and councils at this time.

Contract/tender reference - EDC/2021/3353 – SXL 0620

Contract/tender title - Education and Office Furniture

Supplier - Azzuro Ltd, YPO

Community benefits - Scotland Excel Framework where Community Benefits Points are issued to Councils in correlation to level of spend with each supplier. Councils and Suppliers will discuss most appropriate way to ‘spend’ these points. The Community Benefit headings in which these can be spent include Fundraising, Work Experience, Training Sessions, Employability Workshops, Donations of Materials/labour, Sponsorship, Apprentice recruitment, full recruitment.

Contract/tender reference - EDC/2022/3426 – SXL 1020

Contract/tender title - Fostering and Continuing Care Services

Supplier - Barnardo’s, Care Visions Fostering Limited, Foster Care Associates Scotland Limited, Fostering Relations, Fosterplus (Fostercare) Limted, Good Shepherd Centre, St Andrew’s Children’s Society, SWIIS Foster Care Scotland Limited, The Adolescent & Children’s Trust

Community benefits - All providers have confirmed acceptance of Scotland Excel’s community benefits approach, based on annual spend thresholds applied to each individual council.

Contract/tender reference - EDC/2022/3441 – SXL 0521

Contract/tender title - Milk

Supplier - Muller

Community benefits - Community Benefits Points linked to council spend as used in other Scotland Excel Frameworks.

Contract/tender reference - EDC/2022/3490 – SXL 0221

Contract/tender title - Tyres

Supplier - McConnechy’s Tyre Service

Community benefits - Community Benefits Points linked to council spend as used in other Scotland Excel Frameworks.

Section 18(2)(e) of the Procurement Reform (Scotland) Act 2014 requires organisations to include “a summary of any steps taken to facilitate the involvement of supported businesses in regulated procurements during the year covered by the report”.

The council’s Contract Standing Orders require consideration be given to inclusion of small to medium enterprises and supported businesses in relevant processes.

Expenditure to supported businesses during the financial year was:

Lady Haig’s Poppy Factory Limited - £758.51.

Section 18(2)(f) of the Procurement Reform Scotland requires the annual report to include “a summary of the regulated procurements the authority expects to commence in the next two financial years”.

Future regulated procurements have been identified via the following means:

• Current contracts on the Council register that will expire and need to be extended or re-let over the next two years
• New procurements identified via future work plans provided by Council service teams
• New procurement identified via Capital Programming
• Anticipated Procurements that may be subject to revision.

Contract/Tender Title - Mould Eradication & Monitoring

Status - Relet

Estimated Contract Value - £600,000

Contract/Tender Title - Installation Of Kitchens & Bathrooms

Status - New

Estimated Contract Value - £4,500,000

Contract/Tender Title - Road Materials

Status - New

Estimated Contract Value - £15,000,000

Contract/Tender Title - In-Situ Carriageway Recycling

Status - New

Estimated Contract Value - £97,000

Contract/Tender Title - City Deal - Bishopbriggs Relief Road Phase 5 And Westerhill Masterplan

Status - New

Estimated Contract Value - £80,000

Contract/Tender Title - West Of Scotland Local Authority Winter Forecast Partnership

Status - New

Estimated Contract Value - £2,500,000

Contract/Tender Title - Estate Management

Status - New

Estimated Contract Value - £100,000

Contract/Tender Title - Twechar Outdoor Pursuit Centre

Status - New

Estimated Contract Value - £50,000

Contract/Tender Title - Social Work Case Management System

Status - New

Estimated Contract Value - £140,000

Contract/Tender Title - Flooring Works

Status - New

Estimated Contract Value - £2,000,000

Contract/Tender Title - Rkfds Pumping Station Annual Maintenance And Repair Contract

Status - New

Estimated Contract Value - £75,000

Contract/Tender Title - Rapid Access Accommodation And Housing Support

Status - Relet

Estimated Contract Value - £250,000

Contract/Tender Title - Arbor Services Contract

Status - New

Estimated Contract Value - £400,000

Contract/Tender Title - City Deal - A803 Corridor Improvements Design Team

Status - New

Estimated Contract Value - £7,061,000

Contract/Tender Title - Telematics

Status - New

Estimated Contract Value - £300,000

Contract/Tender Title - Consultancy Support Nithsdale Crescent

Status - New

Estimated Contract Value - £150,000

Contract/Tender Title - Site Investigations For Ahip2 Sites

Status - New

Estimated Contract Value - £160,000

Contract/Tender Title - Affordable Housing Investment Programme  (2021-2026)

Status - New

Estimated Contract Value - £58,000,000

Contract/Tender Title - Carriageway And Footway Resurfacing

Status - New

Estimated Contract Value - £2,000,000

Contract/Tender Title - M365 Backup In The Cloud

Status - New

Estimated Contract Value - £150,000

Contract/Tender Title - Link Road Maintenance - Kirkintilloch And Bishopbriggs 2021-22

Status - Relet

Estimated Contract Value - £94,000

Contract/Tender Title - Year End Valuations

Status - New

Estimated Contract Value - £125,000

Contract/Tender Title - Westerton Primary School

Status - New

Estimated Contract Value - £11,600,000

Contract/Tender Title - Balmuildy Primary School New Build

Status - New

Estimated Contract Value - £11,800,000

Contract/Tender Title - Roads Assessment

Status - New

Estimated Contract Value - £50,000

Contract/Tender Title - Digital Telecare

Status - New

Estimated Contract Value - £450,000

Contract/Tender Title - Education Estate - Flat Roof & Rwg

Status - New

Estimated Contract Value - £8,000,000

Contract/Tender Title - Coal Tar Framework

Status - New

Estimated Contract Value - £2,000,000

Contract/Tender Title - Content Management System (Cms)

Status - New

Estimated Contract Value - £100,000

Contract/Tender Title - Clerks Of Works Services - Feasibilty Sites New Build And Turnkey

Status - New

Estimated Contract Value - £800,000

Contract/Tender Title - Climate Ready Park - Green Infrastructure Project

Status - New

Estimated Contract Value - £650,000

Contract/Tender Title - Food Waste Disposal

Status - Relet

Estimated Contract Value - £375,000

Contract/Tender Title - Garden Waste Disposal

Status - Relet

Estimated Contract Value - £1,100,000

Contract/Tender Title - Kelvin Tribs Riba 1/2

Status - New

Estimated Contract Value - £90,000

Contract/Tender Title - Rapid Access Accommodation And Housing Support For Young Homeless Households

Status - New

Estimated Contract Value - £255,000

Total: £131,102,000

Impact of COVID-19

The COVID Pandemic has had a substantial impact on the delivery of Organisational Services and ultimately corporate objectives. The lockdown resulted in the requirement to approach different methods of working, this included the work undertaken by the Corporate Procurement team.

Over the 2021-2022 Financial year, the Corporate Procurement team worked collaboratively across the Council, working in partnership with Health & Safety, Legal, Education Services, Environment, Assets, and the Health & Social Care Partnership to support contractual requirements, tender new/additional services, and embed demand management.

Areas of focus included:

• Continued centralisation of Protective Personal Equipment in a physical store within our Broomhill Depot. This is solely managed and supported by the Corporate Procurement Team, and has been identified as a key work-stream due to the unprecedented demand across all services. The identification of requirements involved H&S review, Service demand profiling, forward planning, logistics and Stock Management. All PPE items were removed from our Iproc System catalogues to mitigate price increases and multiple small orders requiring management, to allow for processes to be put in place to support weekly deliveries to Schools, Nurseries, HSCP Service areas and collections for our Operational Teams.
   
• Free School Meal Support was reviewed to consider the requirement of Food payments to families in greatest need. The Corporate Procurement team continued to support Community, Housing & Social Services to assist those most in need with the provision of Farmfood cards to support homelessness, those in emergency accommodation, or in need of additional support, etc.
   
• Procurement continued to support the digital approach to online Clothing Grant & Free School Meal applications. This allowed for gathering Banking information to facilitate a cash first approach to supporting our most vulnerable residents. This process enabled the transition from Farmfood Cards for Free School meal Payments, to Bank Transfer. This also supported the Family Pandemic payments and continue to do so. 
   
• Support to Council Contractors/Suppliers as per the Scottish Procurement Policy Notes, co-ordinating and directing support to promote sustainability and deliver contractual objectives.
   
• Facilitated ongoing emergency requirements to support vaccination and testing Centres, i.e. sourcing and securing temporary generators, boilers, refrigerated units, etc
   
• Worked to support the Health & Social Care Partnership to cover in-house service absences via contractual arrangements with new/existing providers. Supporting the assessment process for payment of applications for additional costs , PPE, agency, etc, and provision of specialist PPE identified via Health & Safety as the requirements changed through Union consultation, Government guidance, etc.
   
• Provided analysis of orders for COVID-19 requirements, ensuring maximum benefit from bulk ordering, delivery scheduling, and reporting on costs for Scottish Government returns

Delivery of Improvements

As well as monitoring regulated procurements, delivery of the Corporate Procurement Strategy was managed via Team action planning and the Procurement Governance approach.

Key benefits delivered by these actions included:

• Updating process and procedures to comply with the requirements of the procurement rules and regulations
• Review of Council Contracting Orders to support the Strategy Objective
• Updated Contract Standing Orders to take cognisance of Commissioning restructure and service alignment within the Organisational Transformation Service Group
• 6,500 invoices processed electronically
• Supported Key Transformation Work streams to support Organisational efficiency and savings targets

Procurement and Commercial Improvement Programme (PCIP) Assessment

The PCIP assessment is a national assessment of the Council’s procurement practices, focusing on the policies and procedures driving procurement performance, results are derived from the Scottish Model of Procurement.

The Council’s PCIP score in was 68%, Band 2 of the Scottish Government bandings as detailed below.

Current Performance Band - F1
% Score - >70%

Current Performance Band - F2
% Score - 66<>69%

Current Performance Band - F3
% Score - 61<>65%

Current Performance Band - F4
% Score - 56<>60%

Current Performance Band - F5
% Score - 51<>55%

Current Performance Band - F6
% Score - 46<>50%

Current Performance Band - F7
% Score - 41<>45%

Current Performance Band - F8
% Score - 36<>40%

Current Performance Band - F9
% Score - 31<>35%

Current Performance Band - F10
% Score - 26<>30%

Current Performance Band - F11
% Score - 20<>25%

Current Performance Band - F12
% Score - <19%

As a result of COVID-19, Scotland Excel have postponed review work and we are currently awaiting an update on a future date for assessment.

Complaints & Challenges

No formal complaints or challenges were received during 2021/2022

Collaborative Working

The council participates in and accesses collaborative contracts to deliver efficiencies in revenue and processes. 

Scotland Excel currently have 69 available Frameworks, of which the Council currently accesses 61.

Regulated Mini-competitions & Call Offs from External Frameworks totalled £19,022,772 approx.

Sustainable Procurement

The council is currently working on the draft Local Economic Recovery Plan, Climate Emergency Plan and Circular Economy Plan, work will continue to ensure alignment with legislation on how Procurement should support the net-zero carbon target and related requirements for emission savings, under the Organisational Strategy approach embedded within the Sustainable Procurement Duty.

Current Procurement processes facilitate that the Council must consider how we, through tendering, improve the social, environmental and economic wellbeing of Scotland. This will include the appropriate use and application of sustainability tests within relevant contracts

The Council’s Procurement Team are part of the Organisational Transformation Service which sits within the Education, Business & People Directorate.

The Procurement Team is responsible for the procurement of goods, works and services across all Council Teams, and also for procurement processes, procedures, strategies and policies to support Organisational objectives.

For further information on the contents within the report, please contact: 

Corporate Procurement Manager - Kirsty Chisholm
Contact E-Mail - Kirsty.chisholm@eastdunbarton.gov.uk
Contact Telephone Number - 0141 574 5621

Section 18(2)(b) states that the annual report must include “a review of whether those procurements complied with the authority’s procurement strategy.”

Below are the key objectives identified in the EDC procurement strategy 2021-2022

Key Objective 1

Compliance from April 2021 to March 2022

Governance & Compliance

Ensure compliance with relevant policies, procedures and legislative requirements

Compliant –

Public Contracts Scotland portal is used for procurement activity over £16,500. The current list of regulated contracts are updated online quarterly.

The annual procurement strategy is also publicly advertised on our website and PCS.

The Procurement Strategy and Governance Framework embeds the legislative Procurement requirements within EDC.

Contribute to the Council’s vision and to provide efficiencies

Compliant –

East Dunbartonshire Council’s Procurement Strategy and Governance Framework is aligned to the Organisational Transformation Programme, working within the Organisational Transformation team implementing an efficient and effective procurement approach to supporting Organisational objectives and delivery of Transformation savings.

The Procurement team also have representation on all relevant project Boards within the Capital Programmes and the City Deal Project to support Corporate and Scottish government objectives.

Extend collaboration with other public bodies and suppliers

Compliant –

East Dunbartonshire Council is currently participating in 61 Scotland Excel frameworks, which amounts to 88% participation of those available. This includes £11.81 million spent during 2021/22.

In addition, EDC has participated in 24 Scottish Government/CSS contracts during the period of April 2021 to March 2022

Ensure key procurement staff are regularly updated with new legislation and changes to legislation

Compliant –

Procurement Governance Framework provides Training and support to all employees involved in the procurement process, the PDR process supports training updates and staff development within the Workforce Strategy approach.

Embed a clear, informed , systematic, holistic and well-researched decision framework

Compliant –

This is set out clearly in Procurement Strategy and Governance documentation and other documents published online. Relevant authorisations and approvals are built in to processes and systems to ensure transparency and stakeholder engagement are maintained throughout the process.

Option Appraisals and Business Case authorisations are captured within our Project Governance approach, with Procurement representation embedded at Board membership level.

Key Objective 2

Compliance from April 2020 to March 2021

Added Value & Best Value

Support achievement of Organisational savings

Compliant –

The Corporate Procurement Team sit within the Organisational Transformation Service, supporting achievement of Transformational change and Business objectives of Services and the Council as a whole.

The Procurement Governance approach ensures transparency and best value in support of Organisational savings.

Procurement representation at Project Board level supports facilitation of information and decision making in relation to savings achievement.

Provide a framework to achieve continuous improvement in procurement activity

Compliant –

The implementation of the Procurement Strategy & Governance Framework works toward ensuring compliance and continuous improvement within Procurement process and procedures, lessons learned, escalations, and training opportunities ensure all employees involved in the Procurement process have the relevant knowledge and skills to ensure improvement features within the day-to-day activities.

Sourcing Strategies
Risk Management
Implementation Plans
Contract Management
Periodic Reporting
Sharing of Lessons Learned
Procurement Guidance Notes
Standardised Operating Procedure documentation

Ensure all supplies, services and works are procured in the most effective and efficient way to maximise and deliver best value to the council

Compliant –

The Procurement Governance approach has supported the role out and delivery of Procurement training and systems to support efficiency and effectiveness of the procurement process.

Maximising the use of existing Cat A & B contracts, incorporating market research in relevant regulated procurements, consideration of Lots for exercises above £50k and stakeholder engagement support the required processes to deliver best value to the council.

Regularly review spend data to ensure compliant contracts are in place for external spend, considering whole life costing where relevant and appropriate to balance cost, quality and sustainability

Compliant –

iProc system controls ensure all spend is covered by the relevant Procurement Process and as such is facilitating contract compliance.

The Contract Register and Wave plan are managed to ensure all contracts are managed within the relevant start/completion dates, engagement with Service Managers on upcoming projects and access to the Council’s capital programme support forward planning and contract alignment.

All regulated Procurements are carried out by the Corporate Procurement Team, ensuring that procurement professionals are overseeing the requirement to ensure that the appropriate balance of cost, quality and sustainability are embedded within all relevant contracts.

Improve Contract & Supplier Management approaches to ensure delivery of all benefits

Area for Development –

A collaborative approach is taken between the Corporate Procurement Team, the Business & Digital Development Team and the wider council departments for the management of contracts and suppliers/contractors.

Contract & supplier management is the responsibility of directorates leading the contract, monitoring is the responsibility of procurement with escalation points built in to support Contract Managers. This assists identification and management opportunities.

The Corporate Procurement Team manage the Council’s contract register and council wide contracts.

A Contract & Supplier Management Lead role has been created within the Business & Digital Development team. This supports an Organisational approach to Contract & Supplier Management and embeds the relevant processes to ensure best value and achievement of efficiencies within the Council’s contracts and in alignment to the Procurement Governance Framework.

A revised Contract & Supplier Management approach has been created and is currently in pilot stage with key services.

Ongoing development of the Procurement Strategy and Governance Framework will deliver specific Contract and Supply Management training to those involved in the process moving forward.

Relevant Stakeholders have already received training on PCS-T for evaluation and been involved in the development of KPI’s to support the formalised approach to Contract and Supplier Management

Key Objective 3

Compliance from April 2020 to March 2021

Support a Sustainable Economic Environment

Embed sustainable and socially responsible purchasing to reflect the Scottish Model of Procurement

Compliant –

Sustainability considerations are relevant throughout the whole procurement cycle, and take into account the whole life cost of products from design and manufacture through to disposal. Procurement Governance training covers the areas for consideration within the Procurement process and the relevant procedural documentation aligns.

Sustainability Guidance documentation has been created to sit alongside the process documentation for consideration of Scotland’s national Outcomes in tender opportunities.

Procurement process and documentation supports this embedded approach, all regulated procurements are carried out by the Procurement Team to ensure compliance across all aspects of procurement Legislation.

Ensure as far as reasonably practical that payments to Suppliers and Contractors are made no later than 30 days after a valid invoice is presented

Compliant –

The Accounts Payable team sits within the Corporate Procurement Structure to support payment improvement and align the purchase to pay process within one Service. The Invoice Payment KPI has increased from 90.76% 18/19 to 93.44% in 21/22, work is ongoing to further increase volume through e-invoicing to deliver wider benefits and improvements.

Continue to support and improve access to procurement opportunities for SME’s, including local businesses, third sector bodies and Supported

Compliant –

The Procurement Governance approach supports the inclusion of SME/Local/Supported businesses within the standard processes where legislatively permissible.

A cross Organisation community benefit forum is also looking to improve LGBF KPI on Local SME spend through joint working and developing opportunities to support our local businesses.

Opportunities have also been identified via the City Deal Project approach, work is currently ongoing to support Cenefits.

Work is also in process to align existing practices within a Community Wish list approach, this will follow the work in progress at City Region level to streamline opportunities and support SME involvement and upskilling.

Support a cross organisational approach to community benefits

Compliant –

The Council is working on improving the approach to implementing Community Benefits by working strategically to realise opportunities for community benefits and target these opportunities. Ongoing work will ensure we keep improving on our current approach:

A Community Benefit Forum to share and make aware of upcoming tenders, providing opportunities for Community Benefits in their respective service areas. Membership of this Forum will be reviewed to ensure the most relevant people are involved.
The Forum will set up a system for sharing information to ensure there is always a list of Community Benefit Opportunities for Suppliers to be offered. For example, actions from relevant strategies will be detailed, Project Managers working with developers can report on Community Benefits Activity, and Procurement Advisers can provide information on upcoming tenders.
A Community Benefits scoring methodology has been embedded in the procurement approach
Drop-in sessions for local SME’s will be established to provide direct and focussed opportunities to engage in the tender process
The use of Cenefits for City Deal projects is being considered for wider use across various council services.

Maximise the use of Community Benefits clauses in all appropriate contracts
Compliant –

Community Benefits are required to be included in any public contract over the value of £2 million, in East Dunbartonshire, they are included in contracts over £50,000

The relevant list of Community Benefits can be found in Section 5.

The Corporate Procurement team issue all regulated contracts, ensuring inclusion of Community Benefit opportunities in all contracts where appropriate and securing additional value.

Simplify and facilitate procurement processes and procedures to support accessibility for all

Compliant –

The Procurement Strategy and Governance framework directs the relevant legislative considerations for Procurement processes within the Council, this sits below the Council’s contract Standing Orders and Administrative Scheme.

Procurement Guidance Notes and standardised Operating Procedure documentation have been simplified to support accessibility for all.

Embed sustainability and promotion of ethical working practices as best practice within procurement processes and procedures

Compliant –

The Procurement Strategy and Governance Framework promotes the inclusion of ethical working practices within the roles and responsibilities of those who have responsibility for Procurement activity.

Standardised documentation includes the requirement to embed the relevant processes at the relevant points in all processes/procedures. These support Scotland’s National Outcomes and Indicators

All regulated Procurement activity is carried out by the Corporate Procurement Team.

[NOTE: reference to contract is also to be construed as meaning a framework agreement]

1 Organisation and report details
a Contracting Authority Name - East Dunbartonshire Council
b Period of the annual procurement report - 2021/22
c Required by s18 Procurement Reform (Scotland) Act 2014 to prepare an annual procurement report? (Yes / No) - Yes

2 Summary of Regulated Procurements Completed
a Total number of regulated contracts awarded within the report period - 54
b Total value of regulated contracts awarded within the report period - £50,829,936
c
Total number of unique suppliers awarded a place on a regulated contract awarded during the period - 101

i) how many of these unique suppliers are SMEs - 61

ii) how many of these unique suppliers how many are Third sector bodies 11

3 Review of Regulated Procurements Compliance
a) Number of regulated contracts awarded within the period that complied with your Procurement Strategy - 55
b) Number of regulated contracts awarded within the period that did not comply with your Procurement Strategy - 0

4 Community Benefit Requirements Summary
Use of Community Benefit Requirements in Procurement
a) Total Number of regulated contracts awarded with a value of £4 million or greater. - 5
b) Total Number of regulated contracts awarded with a value of £4 million or greater that contain Community Benefit Requirements. - 5
c) Total Number of regulated contracts awarded with a value of less than £4 million that contain a Community Benefit Requirements.- 20

Key Contract Information on community benefit requirements imposed as part of a regulated procurement that were fulfilled during the period:

d) Number of Jobs Filled by Priority Groups (Each contracting authority sets its own priority groups) 0
e) Number of Apprenticeships Filled by Priority Groups 0
f) Number of Work Placements for Priority Groups 0
g) Number of Qualifications Achieved Through Training by Priority Groups 0
h) Total Value of contracts sub-contracted to SMEs 0
i) Total Value of contracts sub-contracted to Social Enterprises 0
j) Total Value of contracts sub-contracted to Supported Businesses 0
k) Other community benefit(s) fulfilled See table

5 Fair Work and the real Living Wage
a) Number of regulated contracts awarded during the period that included a Fair Work criterion. 55
b) Number of unique suppliers who have committed to pay the real Living Wage in the delivery of a regulated contract awarded during the period. 22
c) Number of unique suppliers who are accredited Living Wage employers and were awarded a regulated contract awarded during the period. 22
d) Number of unique suppliers who have signed up to the Scottish Business Pledge and were awarded a regulated contract awarded during the period. 6

6 Payment performance
a) Number of valid invoices received during the reporting period 74,995
b) Percentage of invoices paid on time during the period (“On time” means within the time period set out in the contract terms.) 93.44%
c) Number of regulated contracts awarded during the period containing a contract term requiring the prompt payment of invoices in public contract supply chains. 55
d) Number of concerns raised by sub-contractors about the timely payment of invoices within the supply chain of public contracts. 0

7 Supported Businesses Summary
a) Total number of regulated contracts awarded to supported businesses during the period 0
b) Total spend with supported businesses during the period covered by the report, including - £758.51

i) spend within the reporting year on regulated contracts- £0
ii) spend within the reporting year on non-regulated contracts -£758.51

8 Spend and Savings Summary
a) Total procurement spend for the period covered by the annual procurement report. £214,467,429
b) Total procurement spend with SMEs during the period covered by the annual procurement report. £79,536,209
c) Total procurement spend with Third sector bodies during the period covered by the report. £28,603,325
d) Percentage of total procurement spend through collaborative contracts. 7.23%
e) Total targeted cash savings for the period covered by the annual procurement report 0

i) targeted cash savings for Cat A contracts 0
ii) targeted cash savings for Cat B contracts 0
iii) targeted cash savings for Cat C contracts 0

f) Total delivered cash savings for the period covered by the annual procurement report £1,145,220

i) delivered cash savings for Cat A contracts £938,103
ii) delivered cash savings for Cat B contracts £162,822
iii) delivered cash savings for Cat C contracts £0

g) Total non-cash savings value for the period covered by the annual procurement report £44,295

9 Future regulated procurements
a) Total number of regulated procurements expected to commence in the next two financial years 35
b) Total estimated value of regulated procurements expected to commence in the next two financial years £131,102,000