32 Proposed Revised Contract Procedure Rules PDF 72 KB
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Minutes:
The Council considered a report which sought approval of revised Contract Procedure Rules which had been undertaken by the Joint Constitutions Review Group (JCRG), at its meeting held on 20 June 2024, as part of the ongoing review of both Guildford’s and Waverley’s Constitutions.
The JCRG had recommended approval of the revised Contract Procedure Rules, a copy of which was appended to the report, to both the Corporate Governance & Standards Committee and to Waverley’s Standards & General Purposes Committee at their special meetings held simultaneously on 1 July 2024.
The Corporate Governance & Standards Committee had recommended that the Council adopts the revised Contract Procedure Rules into the Constitution.
The revised Contract Procedure Rules would also be presented to Waverley Borough Council’s meeting on 16 July 2024, with the intention that both Councils adopt the same revised set of Rules.
Upon the motion of the Lead Councillor for Regulatory & Democratic Services, Councillor Merel Rehorst-Smith, seconded by the Leader of the Council, Councillor Julia McShane, the Council
RESOLVED: That the revised Contract Procedure Rules, as set out in Appendix 1 to the report submitted to the Council, be adopted into the Constitution and that they replace the existing Procurement Procedure Rules.
Reasons:
· Contract Procedure Rules which are materially the same for both Councils, whilst being owned by each Council in respect of their services, will help to promote more efficient joint working and will support the transformation programme by aligning officer decision making across both Councils.
· The recommended changes will improve the governance procedures for each Council and will ensure that there is greater clarity and oversight over procurements.
· The reductions in Contract limits will ensure that key decisions are made by the Executive, thereby promoting accountability and transparency.
· Aligning both Councils’ Contract Procedure Rules supports the Councils’ Collaborative and Transformation programme and provides clarity for all officers who provide support for procurement, as well as for those postholders who are joint officer appointments. The revised rules will replace the existing Procurement Procedure Rules.
· The recommended changes will also implement changes as a result of the Procurement Act 2023 which come into force on 28 October 2024. This will allow time for changes to be embedded by both Councils and appropriate resource provided and identified.
23 Proposed new Contract Procedure Rules PDF 74 KB
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Minutes:
The Committee noted that Contract Procedure Rules were a statutory requirement under s135 Local Government Act 1972, and they set out the framework by which the Council procured all of its services and works carried out on its behalf. In addition, they also provided guidance to officers as to how such services and works were to be procured. The new Contract Procedure Rules had been updated to reflect not just the lessons learned from the recent governance issues at Guildford but also to align and to bring into force some of the changes that would be coming into force in October 2024 as a consequence of the Procurement Act 2023. The Government had been very clear that the purposes of the Procurement Act 2023 were not only to simplify the rules and regulations around procurement, but also to increase transparency.
During the debate, the following comments were made:
· In response to a suggestion that, in relation to procurement below £5,000, there should actually be a requirement to verify that local suppliers have been given an opportunity to quote, and to establish the reasons for not being able to quote, officers indicated that it would be very difficult within the proposed rules to set up a separate system of monitoring of such procurement, particularly given that the Procurement Act would provide greater accessibility for small and medium enterprises into local authority procurement. The purpose of the requirements regarding procurement below £5,000 was about making sure that officers remember to obtain quotes from local suppliers where possible with a view to dealing with such matters promptly to ensure that there was greater focus on the more regulated higher value contracts.
· In response to a suggestion that processes for potential local suppliers for lower value procurements should be a great deal simpler and straightforward than those for more complex higher value procurements, officers reiterated that one of the key principles of the new legislation was to require councils to consider how accessible their procurement processes were for small and medium enterprises.
· In terms of presentation, officers confirmed that when this matter was referred to the full Council meetings of both authorities, “clean” versions of the proposed Contract Procedure Rules would be provided (i.e., a version tailored for each Council to approve).
Having considered the report, the Committee
RESOLVED: That the full Council at its meeting on 23 July 2024, be requested to adopt into the Council’s Constitution, the revised Contract Procedure Rules as set out in Appendix 1 to the report submitted to the Committee.
Reasons:
· Contract Procedure Rules which are materially the same for both Councils, whilst being owned by each Council in respect of their services, will help to promote more efficient joint working and will support the transformation programme by aligning officer decision making across both Councils.
· The recommended changes will improve the governance procedures for each Council and will ensure that there is greater clarity and oversight over procurements.
· The reductions in Contract limits will ensure that key decisions ... view the full minutes text for item 23