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11	"Supplier Selection" Supplier Selection Generally no more than 6 suppliers in competition Expressions of interest from Industry Pre- Qualification Questionnaires (PQQs) Objective evaluation of relevant factors But – sometimes there is only one supplier
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13	"The Tender Process" The Tender Process Formal Invitation to Tender Clear documentation, evaluation criteria & weightings Clarification questions Bidders Conferences Tenders submitted through independent Tender Board Tenders assessed Tender Assessment Panel evaluate against pre-agreed criteria
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15	"Factors in" Factors in Acquisition Decisions Cost & Operational Effectiveness Affordability & VFM National Security Key Technologies Export Potential Industrial Participation – UKT&I Industrial Capabilities Foreign and security interests
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33	Collaborating with the third sector Pauline Graham Social Firms Scotland
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35	Supplier Development Programme Procurex Nov 08 Pauline Wilkie
36	Agenda Background Partners Objectives Actions and Activities Achievements Benefits
37	Programme Background Reasons for intervention Low number of SME’s supplying the Public Sector Difficulty in identifying and accessing Procurement opportunities Lengthy pre-qualification and tendering processes Specific accreditations required before addition to supplier lists
38	Current Partners Glasgow City Council South Lanarkshire North Lanarkshire East Renfrewshire Renfrewshire Angus Fife East Ayrshire North Ayrshire South Ayrshire West Dunbartonshire East Dunbartonshire Inverclyde Perth & Kinross Third Sector
39	Actions Raise awareness on Public Sector Contracting Provide access to information on Public Sector Procurement Create a Supplier Database Establishing a Training Platform for participating companies Gain support and engage with the Procurement teams of all Scottish Public Sector agencies
40	Activities
41	www.sdpscotland.co.uk
42	B-Link Magazine Quarterly Newsletter informing of the latest news, events and information on Scottish Public Procurement.
43	Events Annual Meet the Buyer Event Localised Workshops Sector Specific Events In depth training
44	Future Events Building for the future – 26^th November (Celtic Park) Guide to Procurement – 22^nd Jan (Fife) Assess your tenders – 27^th Jan,10^th Feb, 25^th Feb (Glasgow)
45	Programme Benefits Access to impartial information and support Attendance and events and workshops Networking opportunities Access to business database
46	How do you join? Does your company have less than 250 employees? Are you based in one of the 14 partner areas? Register now…. www.sdpscotland.co.uk
47	"Thank You" Thank You www.sdpscotland.co.uk
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49	www.publiccontractsscotland.gov.uk connecting public and private sector business Linda Davidson Scottish Procurement Directorate Amy Burnett Scottish Enterprise
50	Public Contracts Scotland Agenda Introduction Key Drivers Portal Status – current activity / benefits Project Implementation What’s in it for Suppliers How to search for contracts How to register – hints and tips Buyer profile What do you and suppliers think ? Summary
51	Project Implementation – Cross Agency Approach Flexible project resources in the Public Contracts Scotland Team : Supplier Activity managed by Scottish Enterprise & SPD & Local Organisations. Contracting Authority Activity managed by SPD & Enterprise Europe & Local Organisations
52	Public Contracts Scotland Team
53	Key Drivers for Project (1) Economic : Wealthier, Fairer Scotland To stimulate competition, (24% of the Scottish Governments spend is on bought in goods, services and works.) Active competition benefits suppliers, public sector and the economy as a whole. To provide a “one stop shop” for suppliers to obtain contracting opportunities. McClelland Report 2006. To achieve a more transparent contracting process and provide stronger communication links between buyers and suppliers. To provide management information to public sector organisations To inform nationally agreed Best Practice Indicators
54	Key Drivers for Project (2) “For contracts that fall below the European thresholds the contracting authorities must now also ensure a degree of advertising which is sufficient to enable open competition and meet the requirements of the principles of equal treatment, non discrimination and transparency” (regulation 8(21) of the Public Contracts (Scotland) Regulation 2006 No 1) Conforms to : European Code Of Best Practices Facilitating Access By SME’S to Public Procurement Contracts - June 2008
55	Public Contracts Scotland : Project Status Phase 1 : 5 early adopter contracting authorities have undertaken successful user acceptance testing 20 contracting authorities have participated in an early adopter scheme 270 plus procurers attend awareness raising sessions 200 plus procurers signed up for further sessions 700 plus contracts Circa 10,000 suppliers registered Phase 2 : Further awareness raising sessions for contracting authorities Ongoing supplier adoption and direct marketing activities ‘Meet the Buyer’ events Regional and local marketing and communication activities
56	Public Contracts Scotland – Pilot Orgs
57	Public Contracts Scotland – Pilot Orgs
58	Previous Advertising Methods: Above Threshold Contracts OJEU contracts http://ted.europa.eu; http://simap.eu.int OJEU contracts advertised via commercial providers Below Threshold Contracts Press and trade Journals Own website/ portal Government Opportunities Various advertising portals
59	Benefits of Public Contracts Scotland Benefits of a single national portal: Easy access point to all Scottish contract opportunities, both above and below threshold, worth an estimated £8bn per year Stimulate growth in Scotland Avoid duplication of effort Encourage transparency and openness in public procurement Valuable, free, tailored contract information
60	What’s in it for suppliers? Suppliers: Provides easy access to the latest contract opportunities Provides valuable free contract information to suppliers Suppliers register their business profile on the website Public sector updates the website with the latest contract opportunity Contract information is automatically sent by email alert to suppliers Delivers tailored contract information direct to the supplier Encourages an open and inclusive market
61	Public Contracts Scotland How to register: www.publiccontractsscotland.gov.uk Quick Easy Unlimited Alerts Unlimited Users
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64	Searching / Browsing
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72	What Do Suppliers Say ? “…we are delighted to see a step in the right direction with public procurement with the launch of the Public Contracts Scotland Portal. I scour on a weekly basis numerous public sector websites for opportunities (particularly lower value) relevant to us and because there are so many and the public sector procurement is so disjointed we are missing opportunities as we don’t have the time and resources to search them all. Ideally this facility should be a one-stop-shop for all opportunities and I would receive a daily tender alert highlighting all public sector opportunities relevant to us without fear that we are missing opportunities – a situation we currently face. For example, I received a daily tender alert from the Public Contracts Scotland Portal which highlighted an opportunity relevant to us to provide Energy Performance Certificates to Stirling Council –an opportunity we may otherwise have missed.” Scottish SME Glasgow
73	What Do You Think ? All feedback greatly appreciated!
74	Public Contracts Scotland Summary: Large number of public sector organisations now advertising on the portal Ongoing portal awareness raising sessions for procurement managers December 2009 – Aim of 185 public sector authorities signed up to the portal
75	Public Contracts Scotland www.publiccontractsscotland.gov.uk Telephone Number: 0870 609 1468 Email Address: support@publiccontractsscotland.gov.uk
76	Public Contracts Scotland Thank You!
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78	Supplier Contract Development Irene McCulloch Scotland Excel
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80	Buying Solutions Past, Present & Future Ron Simpson Category Manager Software
81	The Past Grew out of: The Buying Agency CCTA Formed as an Executive Agency of OGC in 2001 Early adopters of Framework Agreements Scat Gcat
82	The Present (1) New generation Framework Agreements Consolidated directive 2004 Increased scope Revised architecture Catalist brand Managed Services Memorandums of Understanding Category Management structure
83	The Present (2) Spend through Buying Solutions £3.6B Facilitated Savings of £600M Levy on Suppliers <1% Long term: To facilitate delivery of £1B savings a year To be world class procurement organization
84	The Future Frameworks and beyond Commitment-based procurement Procurement services Supply chain management Supplier management eProcurement
85	Frameworks and Beyond Previously ‘let & forget’ Apt for atomised buying Are equally useful for aggregated spend Issues include number of competing frameworks Future use as an enabler Still is a useful route to market
86	Commitment-based Procurement Need to exploit collective volume Government speaking with one voice Reduce cost/price drivers on Suppliers Possible long-term partnerships
87	Procurement Services Procurement is a complex discipline No longer a back office activity Difficult for small organizations to maintain critical mass Buying Solutions developing wherewithal to help in complex procurements Natural home for aggregation
88	Supply Chain Management Cost and value management Competition SME agenda Corporate Social Responsibility Ethical sourcing Sustainability Social outcomes
89	Supplier Management Delivery Audit Information & knowledge sharing Capability development
90	eProcurement How to support the eProcurement strategy Buying Solutions’ own products eSourcing Zanzibar Content management
91	Challenges To collaborate, not just talk about it Savings & Benefits, how to measure Process versus outcomes
92	Questions?
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95	"On request from the party..." On request from the party concerned, the contracting authority shall as quickly as possible and within 15 days of a written request inform: any unsuccessful candidate of the reasons for the rejection of his application, any unsuccessful tenderer of the reasons for the rejection of his tender, including, for the cases referred to in Article 23, paragraphs 4 and 5, the reasons for its decision of non-equivalence or that the works, supplies or services do not meet the performance or functional requirements,
96	"any tenderer who has made..." any tenderer who has made an admissible tender of the characteristics and relative advantages of the tender selected as well as the name of the successful tenderer or the parties to the framework agreement. inform participants as soon as possible concerning outcome of a procurement procedure including grounds for decision not to proceed Information on outcome of procurement procedure may be withheld where release would: impede law enforcement; be contrary to Public Interest; prejudice economic interests of economic operators or fair competition between them.
97	Alcatel The timelines given are the minimum (of at least 10 days) under the ‘Alcatel’ mandatory standstill period and show the days by which specific actions by:- The tenderer (i.e.) a request for additional de-briefing within the standstill period), and The contracting authority (i.e. notify all tenderers of the award decision and the completion of any requested additional de-briefing) in order to comply with the minimum period before entering into a contract (assuming no legal challenges are made in Court).
98	Alcatel
99	Alcatel Notes: Depending on the day of the initial notification of the intention of the contract award decision, given the very tight timescales for the additional debriefing, it may be more practical to extend the end-date of the standstill period beyond the minimum of 10 calendar days. The ‘traditional’ de-briefing requirement (within 15 days of receiving a written request) remains where a tenderer does not seek an additional de-briefing within the first 2 working days of the standstill period. In any case, all tenderers can make formal complaints in Court within the standstill period regardless of having requested or received debriefing within the standstill period and Courts can agree to grant interim measures preventing contract award.
100	"Contracting authorities are required to..." Contracting authorities are required to despatch a contract award notice within 48 days. These notices provide for the publication of the "price or range of prices paid" and the "value of winning awards or the highest and lowest offer taken into account in the award of the contract". Contract Award Notices can be very useful sources of information, particularly for small firms.
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103	"Failing to learn the procurement..." Failing to learn the procurement rules before you start Not wanting to work within the procedures and looking for ways to skirt around them Failing to stay alert to the market Read the OJEU or use an information provider Visit public sector websites Read the publications that the public sector read Use FOI to find out about past tenders
104	"In OJEU contracts" In OJEU contracts Read the advert properly Understand the tendering procedures Understand the minimum timescales allowed Understand the grounds for exclusion Understand the proper response processes
105	"Failing to express interest" Failing to express interest In time In the manner required Not asking about the marking and weighting of pre-qualification questionnaire (PQQ) or tender (ITT) answers Failing to quantify or qualify answers in PQQs and ITTs Failing to ask about disqualifying criteria
106	"Chasing opportunities that are unrealistic" Chasing opportunities that are unrealistic Making assumptions on what the buyer wants Not verifying the acceptability of variations before offering them Doing the most important work close to the deadline Delivering the tender after the closing date and time
107	"Not providing the number of..." Not providing the number of hard copies asked for Including company brochures or padding out responses Holding back on discussing relevant concerns Not reading the terms and conditions of contract
108	"Failing to confirm payment terms" Failing to confirm payment terms Failing to protect Intellectual Property Failing to consider Sustainability / Environmental / Social issues Failing to add value in the tender
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111	"Advertising Below the Thresholds" Advertising Below the Thresholds Contracts below the thresholds of the Directives are subject to the Treaty. The European Court of Justice has confirmed in recent cases that contracting authorities must ensure a degree of advertising sufficient to ensure compliance with Treaty requirements for non-discrimination, equal treatment and transparency.
112	"This advertising should be of..." This advertising should be of an adequate degree in order to enable different businesses to compete so that the contract could be awarded to the tenderer submitting the best bid, this guaranteeing that public money is well spent. On the 23^rd June 2006, the European Commission published an Interpretative Communication on the Community Law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives
113	"This document states" This document states According to the European Court of Justice the principles of equal treatment and of non-discrimination imply an obligation of transparency which consists in ensuring, for the benefit of any potential tenderer, a degree of advertising sufficient to enable the market to be opened up to competition. The obligation of transparency requires an undertaking located in another Member State has access to appropriate information regarding the contract before it is awarded, so that, if it so wishes, it would be in a position to express its interest in obtaining that contract.
114	"It further goes on to..." It further goes on to state The Commission is of the view that the practice of contacting a number of potential tenderers would not be sufficient………such a selective approach cannot exclude discrimination against potential tenderers ……….in particular new entrants to the market. …the only way that the requirements laid down by the ECJ can be met is by publication of a sufficiently accessible advertisement prior to the award of the contract……..published by the contracting entity in order to open the contract award to competition.
115	"Interpretation covers" Interpretation covers: Low value (under the EC Directive thresholds) Concession contracts (non-works) Contracts for Annex II B Services Works Contracts under EC thresholds Every contract not covered by OJEU publication requirements OJEU allows for non-OJEU contracts to be advertised through the Official Journal.
116	"Scottish Government" Scottish Government In the Scottish Regulations it states that "when a contracting authority proposes to award a public contract which has an estimated value ... below the relevant threshold, or where a proposed public contract is otherwise exempt from the requirement for prior publication of a contract notice, the contracting authority shall, if required by its general Community obligations ... ensure a degree of advertising which is sufficient to enable open competition and meet the requirements of the principles of equal treatment, non discrimination and transparency”.
117	"The main types of contracts..." The main types of contracts affected are: Contracts below the value threshold at which the detailed advertising procedures in the Scottish Regulations apply Contracts for services categorised as 'Part B' Contracts otherwise exempt from application of the detailed advertising procedures in the Scottish regulations
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120	"Presentations in Contracts can be..." Presentations in Contracts can be used to assess: Personal chemistry Communication skills Present ability
121	"Presentations will inevitably be more..." Presentations will inevitably be more subjective than earlier evaluations Presentations will influence buyer’s confidence in your ability to perform the Contract
122	Presentation Tips Take only key personnel – do not take a sales team or window dressing Ensure that the Presentation Team know and understand the tender and know each other Include specialists only if pre-presentation questions suggest that their skills may be needed – if unsure check with the client If you intend using presentation tools – make sure you know how to operate them
123	Presentation Tips If meeting colleagues before the meeting – don’t use the coffee shop next door – your competitiors may be there also Arrive on time – but expect to run late Sit and adopt postures that are non-confrontational Stick strictly to the given timetable – 15 minutes for presentations means 15 minutes
124	Presentation Tips Don’t argue with the presentation board chairperson Don’t interrupt own team members Don’t make rash promises – be positive and professional in your approach Thank everyone present when you leave
125	Presentation Tips Know that Buyers: May seek all necessary clarifications, additional information and confirmation of statements from you Ask for Best & Final offers But MUST NOT negotiate on price Will see only those with a chance of Contract Award
126	Site Visits Look at your options Plan & de-Risk Ensure all on site know what’s at stake ‘Walk the Walk’ Pay attention to detail Don’t overdo the presentations Have a Fall-back plan
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