Agenda item

Contract Procedure Rules

For Constitution Committee to consider and comment upon the revised Contract Procedure Rules.

Decision:

(a)       That the Committee endorse the revised CPRs for adoption by County Council subject to the above change in paragraph 39.3; and

 

(b)       That the Council’s Constitution be updated with the revised CPRs once approved by County Council.

 

Minutes:

The Chair welcomed and introduced Arwel Staples, Acting Head of Procurement, and invited him to introduce the report on Contract Procedure Rules. 

 

The Acting Head of Procurement advised that the purpose of the report was to consider the revised Contract Procedure Rules (CPRs) prior to consideration and approval by County Council in September 2013.  He provided background information and outlined the criteria used to update the CPRs which had been developed through collaboration by a Joint Working Group of Officers from Flintshire, Denbighshire and Conwy Councils.

 

Members were informed that following adoption by County Council a series of workshops would be held in each Directorate to update Officers on the new CPRs and ensure they were fully aware of their responsibilities when undertaking procurement activities.

 

The Acting Head of Procurement explained that the revised CPRs had been considered at a meeting of the Audit Committee which had been held prior to the meeting of the Constitution Committee.  He advised that the CPRs had in general been fully endorsed by the Audit Committee and provided feedback on the queries and concerns raised during the meeting.

 

The Acting Head of Procurement said a summary of the key amendments between the revised and the current CPRs were attached to the report.  He advised that the revised CPRs would ensure a consistent and compliant approach was adopted for all procurement activity across the Council.

 

The Chairman invited Members to raise questions.

 

Councillor W.O. Thomas raised concern around bad workmanship and asked what safeguards were in place to protect the Authority and residents from poor performance by contractors.  The Acting Head of Procurement referred to the revised CPRs for contract management and contract performance which had been strengthened.  He said there was a facility in the process to send a questionnaire to a number of stakeholders, internal and external, to enable them to express their views on performance.  Feedback would be collated and action taken against contractors which gave particular or persistent poor performance.

 

            Councillor A. Woolley asked how Members could gain access to information about the performance of contractors.       The Acting Head of Procurement suggested that interested parties could be given access to the system to view complaints made against a contractor to determine the performance  prior to authorisation of work.

 

Councillor V. Gay reiterated the concerns raised by Councillor Thomas and emphasised the need for robust quality assurance to ensure work was completed to the standard expected by the Authority before being signed off and payment authorised.   The Acting Head of Procurement acknowledged the points made and explained that the new CPRs were more robust than the existing measures.  If contract management was not being undertaken officers would be responsible for non compliance with procedural rules.  He commented that contract management had to be applied rigorously and the system generated reminders to officers that they needed to undertake specific tasks in relation to CPRs. 

 

Councillor Gay referred to page 54, paragraph 39.3, of the proposed new Contract Procedure Rules, and suggested that the word “should” be changed to “will”.  

 

Councillor P.G Heesom referred to the Medium Term Financial Plan (MTFP) and the need for justifying expenditure particularly concerning purchasing need and procurement planning.   He commented on the need for the new CPRs to link in with the MTFP.    Councillor Heesom thanked the Acting Head of Procurement for his presentation on CPRs to the Audit Committee and suggested it would be helpful if it was made available to all Members in due course.   The Acting Head of Procurement referred to a workshop which had been held recently for Members and suggested that following adoption of the CPRs by County Council in September a further workshop be arranged.

 

The Chairman expressed his thanks to the Acting Head of Procurement  for the substantial work undertaken to update the CPRs.

 

            RESOLVED:

 

(a)       That the Committee endorse the revised CPRs for adoption by County Council subject to the above change in paragraph 39.3; and

 

(b)       That the Council’s Constitution be updated with the revised CPRs once approved by County Council.

 

Supporting documents: