Agenda item - UPDATED CONTRACT PROCUREMENT RULES FOR 2024-25

REPORT OF THE CONTROLS RISK & PERFORMANCE MANAGER

This report sets out the proposed changes to the Contract Procurement Rules for review.

RESOLVED: That Council:

(1) Considered the proposed changes and adopted the new Contract Procurement Rules to take effect fromwhen the Procurement Act 2023 was implemented.

(2) Delegated to the Service Director: Resources, in consultation with the Executive Member for Finance and IT, approval to make minor changes to the Contract Procurement Rules to support the full compliance with the Procurement Act 2023, with any such changes being communicated to all Members.

REASONS FOR DECISIONS:

(1) The Contract Procurement Rules (CPRs) are part of the Council Constitution (under Section 20) and must be regularly reviewed and updated as part of the Council’s governance and procurement review processes. This contributes to the Council’s system of effective internal control.

(2) The new CPRs reflect a significant update in line with the requirements of the Procurement Act 2023, incorporating detailed procedural guidance, and enhanced compliance and transparency measures. These changes aim to improve the efficiency, accountability, and effectiveness of the Council's procurement activities.

Audio recording – 3 hour 50 minutes 56 seconds

N.B Councillor Paul Ward returned to the Chamber at 23:21.

N.B. Councillor Ralph Muncer left the Chamber at 23:21 and returned at 23:23.

Councillor Sean Nolan presented the referral from the Finance, Audit and Risk Committee and stated that:

· There had been a focus on the new thresholds and what was considered a major contract, assurances were given that current major contracts would still be under the old rules.

· There would be no financial impact form the new rules, just some process changes.

· There would be minor changes to the contract penalty clauses.

· Any pipeline notices would need to be advertised a year in advance of any expected contracts.

Councillor Ian Albert, Executive Member for Finance and IT presented the report ‘Updated Contract Procurement Rules for 2024/25’ and stated that:

· The Cabinet Office had confirmed a change to the go live date and it was now intended to be in February 2025.

· There was a new National Procurement Policy Statement (NPPS) expected that was essential to the Procurement Act and would align with Government policies.

· Council was being asked to adopt the Contract Procurement Rules (CPR) document which would then be ready for the go live date.

· It was proposed that any minor changes to the Contract Procurement Rules would be approved by the Service Director – Resources and the Executive Member for Finance and IT, any major changes would come back to Council for approval.

· Work was ongoing to review the Go Local Policy and this would establish clear links between that the Go Local Policy and the Social Value Policy.

The Service Director – Resources stated that:

· The Recommendations had been changed to reflect the change in implementation date. Recommendation 2.1 was amended to read, to take effect from when the Procurement Act 2023 was implemented.

· A new Recommendation 2.2 was added to allow for any delegated minor changes.

· The Appendix detailed the changes to the Contract Procurement Rules.

· The delay allowed further analysis of the changes and the impact on Officers.

· The delay would enable work to commence on reviewing the Go Local Policy to ensure it aligned with any new Government policies, and that is was refreshed to interact with the Social Value Policy.

Councillor Ian Albert proposed and Councillor Sean Nolan seconded and, following a vote, it was: