Agenda item

That the Committee recommends Council:

• adopts the proposed CPRs
• harmonises delegated authority levels for spending decisions within the Constitution with effect from 1 November 2016

The Chief Officer (Governance) introduced the report to seek approval of the revised contract procedure rules (CPRs).  He provided background information and explained that it was appropriate to revise the CPRs in light of changes to European procurement law, the introduction of the Well Being of Future Generations Act, the move to electronic procurements and the introduction of the new welsh language standards.  He advised that the proposed new CPRs were simpler and more consistent in terminology, which would improve understanding and compliance, and put greater focus on planning the procurement route and early approval/authorisation. 

The Chief Officer reported on the key changes in the proposed CPRs, and the work being undertaken around community benefits, as detailed in the report and the document appended.   He also referred to the need for awareness training for those people who specifically undertake procurement.  The Chief Officer commented on the concerns around contract management which had been raised by the Audit Committee and said these would be addressed by the revised CPRs. 

Councillor Aaron Shotton spoke in support of the aim to achieve as much as possible out of public procurement for the benefit of the community; citing the opportunity for apprenticeships as an example.  He also referred to the positive outcomes gained in England as a result of the Social Value Act. 

The Chair invited Members to raise questions.

Councillor Clive Carver referred to the community benefits and expressed concern regarding how they might be perceived.  The Chief Officer responded to the points raised and explained that the cost of the benefits would not necessarily be passed back to the Authority through the contract.

Councillor Dave Mackie said there was no reference to Equality Impact Assessments in the report.  He also commented on the reference to ‘approved lists’ in section 1.11 of the appended report and asked for more information on this.  Councillor Mackie raised further concerns around the All Wales Agreement which he felt excluded the opportunity for local businesses/tradespeople to compete for business.

The Chief Officer responded to the matters raised by Councillor Mackie.  He explained that the mechanism to address the Authority’s obligation to carry out Equality Impact Assessments was addressed under the risk management section of the report and added that the CPRs would require the contract to be compliant with the Council’s equality duties and those under the Wellbeing of Future Generations Act .   He also commented on  the approved lists which had been used by the  Authority for a long time and said contractors on the lists had not always been given work and the lists were not as accurate as required.     

Addressing the concerns raised by Councillor Mackie regarding the All Wales Agreement the Chief Officer explained that the Agreement was expected to provide better value for service overall.  However, if that proved not to be the case  and a better local arrangement was available and evidence of such provided  to the national procurement service, then the All Wales service would not be used.  He explained that the Authority could give advice and support to encourage small/medium local businesses about how to best present themselves to bid  for major contracts. 

Councillor Alex Aldridge expressed concerns around the Authority’s ‘internal recharges’ which increased the cost of work or services provided and prevented the Authority from being competitive in the market.  The Chief Officer referred to the governance costs associated with providing and maintaining the standards/requirements imposed on the Authority which were not on the approved contractors.  Whilst the Council kept these costs to a minimum there would always be a need for high standards of governance in a local authority. 

Councillor David Wisinger expressed concerns regarding contractors who then sub contracted work to other companies and asked how issues arising from poor workmanship/performance were addressed. The Chief Officer acknowledged the need for appropriate direct management  and said there were a number of ways that the CPRs addressed the issue of contract management.  He advised that at the end of every contract an assessment was made about the contractor.  This was an area which the Audit Committee was concerned about and the importance of contract management and contact evaluation was emphasised in the training on procurement.  The Audit Committee had requested a follow up report about how the CPRs are managed in practice.

Councillor Chris Bithell asked if approved contractors could be asked to submit and validate a list of the sub-contractors they intended to use.  The Chief Officer explained that this information should form part of the contract arrangement between the Authority and the approved contractor so that the Authority was aware of who the sub-contractors are. 

In response to a suggestion made by Councillor George Hardcastle that a percentage of the payment to the contractor should be withheld until all work was satisfactorily completed, the Chief Officer explained that the current practice was that a percentage of the payment is retained until the work ‘settles’ and any problems arising fully addressed. 

RESOLVED:

That the Committee recommends Council:

• adopts the proposed CPRs
• harmonises delegated authority levels for spending decisions within the Constitution with effect from 1 November 2016