Section Menu

Procurement manual: guide to procurement within BERR. Section C: organisation, sources of advice and training

URN No: 08/1509/A3

procurement manual section C: organisation, sources of advice and training

C. ORGANISATION, SOURCES OF ADVICE AND TRAINING

C.1 Office of Government Commerce
C.2 Organisation of Procurement in BERR
C.3 Training and Career Development
C.4 Legal Advice & Guidance
C.5 Sources of Advice - People
C.6 Sources of Advice - Written

C.1 OFFICE OF GOVERNMENT COMMERCE

C.1.1 Contents

Introduction
 

C.1.2 Introduction

Responsibility for the formulation of integrated procurement policies and strategies throughout Government Departments rests with the Office of Government Commerce (OGC) OGC was set up on 1 April 2000 as a successor to the Treasury Procurement Group, the PFI Task Force, and the Buying Agency (TBA), Property Advisers to the Civil Estate (PACE), and the Central Computer and Telecommunications Agency (CCTA).

OGC is responsible, among other things, for measuring and benchmarking procurement across Government, developing procurement initiatives like the Gateway process for Government-wide use, providing a centre of excellence for strategic procurement skills, such as PFI, outsourcing and the management of very large complex projects, and for leading the Government Procurement Service.

The central OGC Service Desk takes customer enquires about all aspects of OGC business and provides first-line support to OGC customers. If specialist help is needed to resolve a customer's enquiry, Service Desk staff will channel the query to the appropriate part of OGC. The Service Desk also works closely with OGCbuying.solutions. The Service Desk can be contacted on:

Phone:    0845 000 4999
GTN:        3040 4999
e-mail:     ServiceDesk@ogc.gsi.gov.uk
Address: Rosebery Court, St Andrew's Business Park, Norwich, Norfolk, NR7 0HS

Location of the OGC Offices are as follows:

The OGC website is an excellent source of advice.

C.2 ORGANISATION OF PROCUREMENT IN BERR

C.2.1 Contents

Introduction
Procurement Routes

C.2.2 Introduction

The responsibilities and relationships between the various units involved with procurement in the Department are as follows:

•        The IWS Commercial Office is the centre of excellence for BERR procurement and has overall responsibility for BERR procurement strategy and policy, and provides advice and best practice guidance on procurement issues.

•        Framework Arrangements are available to BERR for a variety of services.  Further information can be gained from IWS Commercial Office.

•        Management Units - Responsible for the procurement of their own local policy specific requirements.

•        Executive Agencies - Responsible for the procurement of all agency requirements. Required to work within the Department’s general procurement policies.

•        Executive Non Departmental Public Bodies (NDPBs) – Responsible for their own procurement arrangements. Not obliged to follow BERR procurement policies and practices or to use BERR Framework arrangements. They are not subject to the Government Procurement Agreement (GPA) however NDPBs are subject to EU Procurement Directives.

Procurement networking arrangements are available for BERR Management Units, BERR Agencies and executive NDPBs sponsored by the Department. These networks incorporate the development, sharing and dissemination of best practice, value for money opportunities through collaboration and mutual access to contracts.  NDPBs also provide conduits for the channelling of procurement information. These arrangements are based on the CLAN concept – Centre Led Action Networks – which provides an appropriate structure for procurement in a devolved organisation.

C.2.3 Procurement Routes

BERR sets out three main routes for meeting procurement needs as follows:

a.        Common Specialist Requirements;

b.        Other General Requirements; and

c.         Policy-specific goods or services.

Each route is further detailed in the paragraphs below:

1.        Common Specialist Requirements (above a certain threshold) are purchased centrally through centres of expertise, namely:

•        IT Services: procured by IWS Commercial Office

•        Building Services: procured by IWS Commercial Office (working in association with EC Harris LLP).

•        Publications: procured by the Publications Unit in IWS.

•        Printing/Advertising: procured by SU-COMMS Directorate.

2.          Other General Items, where there is less need for close control, can be purchased by end users through Frameworks set up by the Management Unit with Departmental policy responsibility for the procurement.  See Section E.9 - Frameworks for definitions and guidance on setting up Frameworks.

BERR frameworks are in place covering:

•        Official travel (procured by Human Resources (HR) & Change Management Directorate)

•        Hotel bookings (procured by HR & Change Management Directorate)

•        Vehicle hire (procured by HR & Change Management Directorate)

•        Car leasing (procured by HR & Change Management Directorate)

•        Training (procured by HR & Change Management Directorate)

•        Executive search and selection (procured by HR & Change Management Directorate)

•        Stationery (procured by Buildings and Facilities Management Unit in IWS)

•        Photocopiers (procured by Buildings and Facilities Management Unit in IWS)

•        IT services – (frameworks procured by ICT Contract Management Unit in IWS)

•        Video conferencing equipment (procured by the Telephony and IT Service Mnagement Unit in IWS)

•        CD-ROM and other electronic information sources (procured by the Telephony and IT Service Management Unit in IWS)

•        Publications storage and distribution (procured by the Publications Unit in IWS)

•        Publications supply (procured by the Publications Unit in IWS)

Requirements (such as R&D) are procured by the Management Unit with policy responsibility.
Executive Agencies are responsible for their own strategies. However, they are free to use BERR Framework Arrangements if they wish.
This mixture of centralised and decentralised procurement routes enables the Department to achieve economies of scale where this is likely to offer best value for money without central procurement bureaucracy.

C.3 TRAINING AND CAREER DEVELOPMENT

C.3.1 Contents

Training Obligations
Government Procurement Service

C.3.2 Training Obligations

Staff undertaking procurement activities, however infrequently, are utilising public funds provided by the taxpayer. This activity carries with it an obligation to maximise the value for money obtained from the scarce resources expended, by achieving an optimal combination of value and quality while minimising transaction costs.

The Department provides a range of training opportunities to develop the required skills for different levels of procurement activity. Line managers must ensure that appropriate training is undertaken so that staff provide a professional, pro-active and responsive procurement service.

All staff who have procurement activity as part of their job should attend the 1-day "Introduction to Procurement" course run by Procurement Policy Services (PPS) within IWS Commercial Office.

Staff occupying ‘designated’ procurement posts i.e., where procurement activity is dominant or otherwise important, should pursue:

•        the Certificate of Competence in Purchasing and Supply - recognised Government procurement qualification at foundation level,

•        the Foundation Stage qualification of the Chartered Institute of Purchasing and Supply (CIPS),  - external equivalent of the Certificate of Confidence, or

•        the Level 3 Procurement NVQ.

Staff in ‘key’ procurement posts i.e., where the procurement undertaken is deemed critical to the success of the overall business activity, should seek full Membership of the Chartered Institute of Purchasing and Supply (MCIPS). There are two routes for this as follows:

•        the CIPS Graduate Diploma (a traditional exam based qualification, building on the CIPS Foundation Stage) or its equivalent, the Government Certificate of Competence

•        the Procurement NVQ at Level 4.

Staff may wish to discuss with Procurement Policies and Services (PPS) the most appropriate route to qualification to meet their particular needs and circumstances.

C.3.3 Government Procurement Service

The Government Procurement Service (GPS) has established procurement as a professional discipline in government, analogous to accountants and auditors. The objectives of the GPS are as follows:

•        enhance procurement’s contribution to the achievement of government objectives by ensuring the availability of staff with appropriate skills, experience and qualifications to deliver professional, ethical and legally compliant processes;

•        provide departments and GPS members with best practice guidance on training, career development, and related issues to help ensure the best match of procurement staff to posts.

Some of the benefits of the GPS are:

•        enhanced career opportunities through the provision of a career record management system, with procurement vacancy listings across government - the system may be further developed to provide opportunities for secondment to industry and the wider public sector;

•        better information on remuneration to help expose the real value of skills and inform the setting of appropriate remuneration bids;

•        better-focused training and development plans for individuals, consistent with Investors in People requirements; and

•        support for the non-procurement line manager by providing a link to the Head of Procurement for training and career development issues.

All BERR staff in ‘key’ and ‘designated procurement posts should register with the GPS. The Service is however also open to other staff who have previous experience and are interested in procurement opportunities.

C.4     LEGAL ADVICE&GUIDANCE

C.4.1 Contents

Legal Framework

How to Obtain Legal Advice

How the System Works

C.4.2 Legal Framework

A process for obtaining legal advice on procurement matters is in place. Framework Arrangements have been set up to provide external legal guidance for the procurement of goods and services. The use of a firm of solicitors under this Framework Arrangement is possible if, for example, the following types of work are involved: the preparation of Invitations to Tender, the drafting of entire contracts or of specific contractual provisions. Legal A5 are responsible for deciding in any particular case whether it is appropriate to use one of the firms of solicitors who form part of the Framework Arrangement, which firms should be used, and appointing that particular firm. The fees of any firm of solicitors employed under the Framework Arrangement will be met by the client Directorate.

C.4.3 How to Obtain Legal Advice

The Procurement Policies & Services (PPS) should be initially approached by Directorates/Agencies for guidance on procurement issues unless Legal Services is already providing advice on other matters to that Directorate/Agency. If IWS Commercial Office is not able to give the advice requested, they will pass the request to the lawyers in Legal A5.

C.4.4 How the System Works

C.4.4.1     Contracts To Be Referred to IWS Commercial Office and/or Legal Services

Contracts that involve the following should be referred to IWS Commercial Office and/or Legal Services:

•        High Value

•        High Risk

•        High Profile

•        Complex (and TUPE) issues               

•        Compliance with EU Procurement Directives        

•        Framework arrangements

•        Amendments to standard Terms and Conditions

•        Bespoke contracts        

•        Change of contractor

•        Substantial changes to existing contracts especially Part A

C.4.4.2     Group Procurement Specialist

The Group Procurement Specialist / Contact can be approached in the first instance to resolve any procurement queries that may arise.  If the Group Procurement Specialist is unable to resolve the request, it is passed by the Directorates to IWS Commercial Office for possible resolution.

C.4.4.3     PPS

If PPS can resolve the query, they send the response via the Directorate and copy it to Legal A5. If, however, PPS is unable to resolve the query it is passed onto Legal A5.

C.4.4.4     Legal A5

Legal A5 discusses options with the Directorate. These options are EITHER:

•        Passing the request to an external firm: If the request involves a project, such as negotiating and drafting a contract, that requires significant or specialist resources, Legal A5 or any other Branch within Legal Services may, with the client's consent, pass it to one of the firms of external legal advisers who are part of the new Framework Arrangement for legal advice;  or,

•        Resolving the query internally: If the request is to provide advice "in-house", Legal A5 will resolve the query and copy correspondence to PPS and the Directorate lawyer.

C.4.4.5 Internal and External Legal Advice

If Legal Services is already providing advice on other matters then Directorates pass their request for legal advice to their Directorate lawyer who either provides the relevant advice or alternatively discusses the matter with the Directorate whether to employ outside lawyers from the new Framework Arrangement for Legal advice.

C.5 SOURCES OF ADVICE – PEOPLE

C.5.1 Contents
Group Procurement Contacts
Procurement Policy Services (PPS) Branch
Financial, Accounting and Control Systems Issues
General Source Advice

C.5.2 Group Procurement Specialists / Contacts

Procurement in BERR is largely decentralised. Each Group within BERR has a nominated Group Procurement Specialist / Contact, who provides the link between the Group concerned and the Procurement Policies and Services Branch (PPS) within IWS Commercial Office. Group Specialists, together with members of established Centres of Procurement Expertise, participate in the BERR Procurement Networking Forum. The Forum deals with, inter alia, the development and dissemination of best practice, the application of procurement policy and collaboration in procurement to maximise value for money.

C.5.3 Procurement Policy Services (PPS) Branch

The Procurement Policies and Services (PPS) Branch within IWS Commercial Office has professionally trained staff who are available to provide specific advice on any aspect of procurement policy and procedure including the level of training appropriate to individual posts concerned with procurement. It maintains close contact with Office of Government Commerce (OGC) (see Section C1 - Office of Government Commerce) and purchasers in other departments.

C.5.4 Financial, Accounting and Control Systems Issues

For advice on matters relating to payments, including additional payment situations, staff should consult the Accounting Memoranda or contact the Department's contractor - Amey plc. If you need advice on policy issues concerning Government Accounting you should approach Finance & Resource Management (FRM) Directorate.

Internal Audit can provide expert advice on controls and procedures to ensure accountability and good procurement practice.

C.5.5 General Source Advice

Finally, do not overlook the expertise of more experienced colleagues in the area in which you work. It is often expedient to use them as an initial source of advice. Group Specialists and Procurement Officers can help identify suitable colleagues within your Management Unit. PPS can put staff in contact with counterparts in other Government departments.

C.6 SOURCES OF ADVICE – WRITTEN

C.6.1 Contents

Procurement Information Available Online(available on the BERR website and Internet)

•        BERR Procurement Manual (available on the BERR website)

•        BERR Procurement Bulletins (available on the BERR website)

•        OGC's Successful Delivery Toolkit (available via the Internet)

•        Other Material Available to BERR Staff Only

Other Written Information Sources

C.6.2 Procurement Information Available Online

a.        BERR Procurement Manual (available on the BERR website)

This online manual has been produced to enable all procurement staff to be aware of Government and BERR procurement policies and strategies and to provide guidance on best procurement practice. Accessible via the Internet it is also available to the general public.

b.        BERR Procurement Bulletins (available on the BERR website)

Procurement Bulletins are issued from time to time by PPS.

    c.    OGC's Successful Delivery Toolkit (available via the Internet)

The OGC has developed the Successful Delivery Toolkit, which describes proven good practice for procurement, programmes, projects, risk and service management. The Toolkit brings together policy and best practice in a single point of reference. It enables critical questions to be asked about capability and project delivery and gives practical advice on how to improve delivery.
  

       d.   Other material available to BERR staff only

BERR's internal networked computer system has more advice and guidance on procurement issues at the Procurement Intranet website. This includes notes on how to engage sole traders, information in respect of the Government Procurement Card, a range of Procurement Forms and the template for BERR's Contract Award letter. 

C.6.3 Other Information Sources

GFCs hold:

•        Managing Public Money (the Treasury’s guide to the principles of managing public money which gives a definitive statement of the financial rules Departments are required to operate)

•        BERR Financial Guidelines Documents (the guide to financial administration of the Department)

•        Accounting Memoranda (six part Treasury/Cabinet Office self-instruction package dealing with the principles, systems and procedures for departments in obtaining funds and accounting for their use and with the basic elements of good financial management practice)