Decision details

Pursuant to Minute C124/Apr/24, the Cabinet Member with the Resources Portfolio introduced the report (previously circulated) of the Executive Director - Resources and Governance requesting that consideration be given to the update to the Annual Procurement Plan (also previously circulated); the assessment of contracts that are considered to be strategic or non-strategic; updating Members on the outcomes of procurement(s) previously designated as strategic; the decisions taken by the Procurement Board to waive the Contract Procedure Rules; Social Value; and the Procurement Act 2023 and its implementation.

The submitted report stated that any contract award decision with a value below £100,000 was delegated to officers; the annual Procurement Plan detailed all the existing and new contracts that were over £100,000 which required a tender process; that for those contracts which were over £100,000 and considered strategic, the final contract award decision would be approved by the Procurement Board and reported to Cabinet; and that one further contract had been designated as strategic and included in the update to the annual plan.

Particular references were made to the planned implementation date of the Procurement Act 2023, which had been put back to the 24 February 2025 to allow time to produce a new National Policy Statement (NPPS) and to the work that had been undertaken to date, to prepare for its implementation.

RESOLVED – (a) That the assessment of strategic and non-strategic contracts as presented in the plan at Appendix 1 to the submitted report, be approved, and it be agreed that:

(i)                  further reports/ updates on the procurement process for those contracts designated as strategic (including decisions made by the Procurement Board) be brought to Cabinet;

(ii)                the contract award decisions for the contracts designated as non-strategic be delegated to the appropriate Directorate as listed in the plan at Appendix 1 to the submitted report; and

(iii)              the contract award decisions for the contracts designated as strategic, as listed in the plan at Appendix 1 to the submitted report, be delegated to the Procurement Board to approve and be reported back to Cabinet.

(b) That the update in respect of strategic procurements, Procurement Board waiver decisions, and Social Value, as detailed in the submitted report, be noted.

REASONS - (a) In respect of strategic / non-strategic contracts:-

(i)                  the Contract Procedure Rules require Cabinet to approve the designation of contracts as strategic and non-strategic;

(ii)                contracts designated strategic are of high value and high significance in respect of the impact on residents, Health and Safety, and public safety; and

(iii)              the contracts designated non-strategic are of a lower value and lower significance in respect of the impact on residents and public safety.

(b) In respect of Procurement Board waiver decisions :-

(i)                  in order to comply with the Contract Procedure Rules;

(ii)                to provide Cabinet with information about the decisions made by the Procurement Board; and

(iii)              to supplement the reports that are taken to Cabinet about proposed spend over £100,000, that are set out in the Annual Procurement Plan and the in-year update to that report.