供应商指南-english

Guidance to suppliers and providers

We work with companies of different sizes to buy goods and services. It is essential that we protect public money by purchasing in the most efficient way. Two key ways to ensure this happens are securing ‘Best Value’ and assessing ‘Whole Life Cost’.

?Best value

?Whole life cost

?Rules affecting how supplies, goods and works are purchased ?How to tender for council work

Best value

We have a duty to secure best value (BV) as part of the government’s agenda. This means we are committed to spend public money in the most efficient way.

All possible options will be considered rather than focusing on the price. We consider:

?supplier capability

?technology

?expertise

?innovation

?ability to reduce costs

?flexibility

?adaptability

?sustainability

?continuous improvement options

This should not be taken as a complete list, but as an indication of what may be considered aspects of best value.

Whole life cost

We are moving towards whole life costing (WLC), a technique that will assess and give a financial cost for the life cycle of the goods or service.

When evaluating categories during the tender and quotation process WLC will be considered. WLC considerations may include:

?the initial capital cost

?procurement cost

?rent

?energy and water cost

?installation

?maintenance

?operation

?repair

?disposal

?insurance

This should not be taken as a complete list, but as an indication of what may be included in the WLC equation.

Rules affecting how supplies, goods and works are purchased

Two main rules affect how we purchase goods and services. These are:

1.The European law on public sector purchasing. Most contracts for

services and supplies exceeding ￡173,934 (€200,000)must be

advertised in the Official Journal for the European Union

(OJEU) and the local and national press.

2.Contracts for building or highway works exceeding ￡4,348,350

(€5,000,000)must also be advertised in the OJEU and the local and national press.

Evaluation

Formal offers are all opened at a specified time and late tenders are not accepted, unless a corporate director deems there to be a reasonable reason why the tender should be accepted. A record is kept of all offers received. Each tender is checked for accuracy and the appropriate technical officer or panel of officers evaluate it to ensure compliance with the specification. We may seek clarification of the proposal during the evaluation process. Ethical governance arrangements are essential to our operation and reputation. A protocol has been developed as part of the council’s integrated approach to ethical governance and to ensure that external pr oviders meet the authority’s requirements in relation to ethical standards.

The protocol forms part of our pre-tender evaluation procedure and compliance with the protocol is mandatory for all external

providers seeking to contract with the council. The protocol applies to the private and voluntary sector, including grant funded organisations. Read The Ethical Governance Protocol (Word 35k) to find out how to comply.

Contract award

We will, unless stated otherwise, evaluate the tender bids on the basis of the Most Economically Advantageous Tender (MEAT). This is the optimum combination of costs and benefits assessed against pre-determined evaluation award criteria which will be detailed in the Invitation to Tender (ITT). Please note that the council is not bound to accept the lowest bid submitted or any of the bids submitted. After evaluating the bids, a recommendation is made to the appropriate level for acceptance; if the recommendation is accepted the contract will be awarded. When your tender has been accepted you will be notified in writing but the council will not be bound until both parties have fully agreed and signed the council contract.

If you are not awarded the contract, you will be notified in writing. You have the option of asking for a debrief meeting, where your result will be compared to the council’s weighted criteria. If your tender is the result of a works or services contract you may

obtain a copy of the result by writing to the Head of Procurement or appropriate Director, however the council will not divulge what it considers is another company’s competitive advantage or intellectual property.

Guidance for Suppliers and Contractors

Freedom of Information

?All existing and previous and potential contractors and suppliers to the University must recognise that the University, as a Scottish Public Authority, is subject to the Freedom of Information [Scotland] Act 2002 [FOISA].

?This legislation provides a general right of access by any person to information tha t is held by the University.

?The information may be about its activities, decisions, priorities, plans, tenders, contracts, and targets and performance of services, whilst it may be in any format [e.g paper

documents, IT-based storage systems, and e-mail messages].

Requests for Information

?The person requesting the information has to supply his/her name, an address [postal or e-mail] to which the University must send the information, and a description of the

information that is required.

?The University has 20 working days to identify, locate, colla te, assess, copy, and despatch the information.

?Neither the identity of the requester, nor the reason for the request, nor the use the requester may make of the information, can influence the processing of the request. That is, all requests have to be handled as applicant-blind.

Exemption to the release of information

?There are a number of exemptions to this right of access but the University may still be required to disclose the requested information to ensure compliance with the legislation.

?The University may refuse to disclose information, whether partially or in total, by quoting one of the exemptions but the use of any exemption must be applicable,

appropriate, valid and justifiable.

?The applicant can challenge the use of an exemption by requesting a Review and, ultimately, an Appeal to the Scottish Information Commissioner.

?The exemptions include:

o section 27 - Information the University already intends to publish at a future date

o section 27(2) - Information related to an on-going research programme

o section 30 - Prejudice to the effective conduct of public affairs - typically covering professional advice given to, and received by, the University

o section 33 - Commercial interests - including information that constitutes a trade secret or information that, if released, would substantially prejudice the

economic interests of a third-party or the University

o section 36 - Confidentiality - typically covering communications with legal advisers

o section 38 - Personal information about individuals - as defined by the Data Protection Act 1998

o section 39 - Health, safety and the environment

?The exemptions are restrictive and have to be considered by the University in the light of

(a) the public interest and substantial prejudice tests as set down in the legislation, and

(b) the briefings and decisions of the Scottish Information Commissioner.

?The University will consult with any third-party [see below] but it is the University's decision as to whether the information is released as the University has potentially to

justify its decisions with the Scottish Information Commissioner.

?Receipt by the University of any material marked ‘confidential’ or equivalent should not be taken to mean that the University accepts any duty of confidence by virtue of that marking.

All information submitted to the University may need to be disclosed and/or published by the University. F ailure to disclose can lead to an appeal to the Scottish Information

Commissioner who can compel the release of the information – there is then no further avenue to challenge the decision of the Scottish Information Commissioner other than on

a point of law to the Court of Session.

Consultation with Supplier/Contractor

?Where the request involves information held by the University that has been supplied by or belongs to a third-party [such as a contractor or supplier] or which may be subject to confidentiality provisions, the University will advise that third-party that it has received a request and seek its views.

?The University will work with the third-party to identify those parts of the information that the third-party considers to be exempt and will seek to protect this information by identifying whe ther an exemption is applicable, appropriate, valid,

justifiable, and defensible.

?It is essential that the third-party works constructively and promptly with the University during the consultation process.

?However the University is not obliged by law to negotiate with the third-party and agree on the content of the disclosure before disclosure is made.

?Where the information request requires information to be disclosed which is subject to confidentiality obligations under a contract, the requirement to disclose may lead to the University breaching the contract. It is important that all contracts and tender submissions explicitly refer to the above legislation such that there will be no breach of contract if the party is required by law or by a court of competent authority to disclose.

Further Guidance

?The Scottish Procurement Directorate provides comprehensive advice on FOISA as it applies to tenders, especially during the various stages of the evaluation of tenders, and contracts.

The Scottish Information Commissioner, as the official regulator of FOISA, provides comprehensive and authoritative information on FOISA including decisions on Appeals and the scope and use of the exemptions.