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Purchasing procedures - University of Central Lancashire

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<strong>University</strong> <strong>of</strong> <strong>Central</strong> <strong>Lancashire</strong><br />

<strong>Purchasing</strong> <strong>procedures</strong><br />

Financial Services<br />

<strong>Purchasing</strong> <strong>of</strong>fice – December 2011


Table <strong>of</strong> Contents<br />

INTRODUCTON ........................................................................................ 2<br />

PURCHASING PHILOSOPY .................................................................... 3<br />

PURCHASING POLICY ........................................................................... 4<br />

1 SERVICES ............................................................................................... 5<br />

2 PRIMARY BUDGET HOLDER ............................................................. 6<br />

3 AUTHORITY TO ORDER ..................................................................... 7<br />

4 REQUEST TO PURCHASE ................................................................... 9<br />

5 SELECTION OF POTENTIAL SUPPLIERS ....................................... 10<br />

6 INVITATIONS TO TENDER / QUOTE .............................................. 11<br />

7 EU PROCUREMENT LEGISLATION ................................................ 12<br />

8 USE OF PURCHASE ORDERS ........................................................... 26<br />

9 DEALING WITH SUPPLIERS ............................................................ 27<br />

10 USE OF SPECIFICATIONS ............................................................... 28<br />

11 CONTRACTS ...................................................................................... 30<br />

12 PURCHASING CONSORTIUM ........................................................ 31<br />

13 BUYERS GUIDE ................................................................................ 32<br />

14 LEAD PURCHASER‟S GROUP ........................................................ 33<br />

15 FINANCIAL HEALTH CHECKS ...................................................... 34<br />

16 SUPPLIER APPRAISAL .................................................................... 35<br />

17 APPROVED SUPPLIERS ................................................................... 36<br />

18 PURCHASING CARDS ...................................................................... 37<br />

19 CORPORATE CARDS ....................................................................... 53<br />

20 NEGOTIATION BRIEFING NOTES ................................................. 70<br />

21 PURCHASING GUIDANCE NOTES (when bidding for funds) ....... 73<br />

22 CONSULTANCY ................................................................................ 75<br />

23 PURCHASING FLOW CART ............................................................ 92<br />

FINANCIAL SERVICES<br />

PURCHASING OFFICE<br />

DECEMBER 2011<br />

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INTRODUCTON<br />

The purpose <strong>of</strong> these <strong>procedures</strong> is to advise and assist those staff within the<br />

<strong>University</strong> who undertake purchasing duties as part <strong>of</strong> their overall responsibilities.<br />

The <strong>Purchasing</strong> Office is part <strong>of</strong> Financial Services and its primary purposes are to<br />

formulate <strong>Purchasing</strong> Policy, co-ordinate purchasing activities within the <strong>University</strong><br />

and to provide pr<strong>of</strong>essional purchasing advice and assistance to all parts <strong>of</strong> the<br />

<strong>University</strong> Group. A more detailed description <strong>of</strong> the role <strong>of</strong> the <strong>Purchasing</strong> Office<br />

can be found under the Service Standards section <strong>of</strong> these <strong>procedures</strong>.<br />

All purchasing <strong>procedures</strong> are derived from the <strong>Purchasing</strong> Policy <strong>of</strong> the <strong>University</strong><br />

and the Policy Statement now forms part <strong>of</strong> the Financial Regulations <strong>of</strong> the<br />

<strong>University</strong> Group.<br />

To assist with the location <strong>of</strong> <strong>Purchasing</strong> Policies within the regulations <strong>of</strong> the<br />

<strong>University</strong> Group the following details are supplied:<br />

Financial Regulations<br />

The Financial Regulations <strong>of</strong> the <strong>University</strong> Group establishes approved practices<br />

governing the purchasing process (see paragraphs 701-719 <strong>of</strong> the Regulations). The<br />

<strong>Purchasing</strong> Procedures cover the operational detail and standard documentation which<br />

implement the Financial Regulations.<br />

<strong>Purchasing</strong> Policy<br />

Appendix A-5 <strong>of</strong> the Financial Regulations sets out the <strong>University</strong>'s approved<br />

<strong>Purchasing</strong> Policy.<br />

Tendering Procedure<br />

Appendix A-8 <strong>of</strong> the Financial Regulations sets out the <strong>University</strong>'s <strong>procedures</strong> for<br />

purchases valued in excess <strong>of</strong> £50,000.<br />

2 | 9 2


PURCHASING PHILOSOPY<br />

The <strong>University</strong> aims to establish an effective and efficient organisational structure for all its<br />

purchasing activities to ensure the promotion and achievement <strong>of</strong> value for money.<br />

The established organisational structure seeks to secure the management advantage <strong>of</strong> devolved<br />

budgets and decentralised purchasing with arrangements to secure best price, to promulgate good<br />

practice in purchasing and ensure co-ordination <strong>of</strong> all buying activity across departments.<br />

To achieve these aims, the <strong>University</strong> has developed a central <strong>Purchasing</strong> Office responsible for the<br />

development <strong>of</strong> a purchasing strategy, the implementation <strong>of</strong> good purchasing practice, and the<br />

provision <strong>of</strong> pr<strong>of</strong>essional purchasing advice across the <strong>University</strong>.<br />

Within each School and Service, the <strong>University</strong> has implemented the role <strong>of</strong> 'Lead Purchasers' to<br />

focus the purchasing activities and to develop a common approach to purchasing. Lead Purchasers<br />

are assisted by the central <strong>Purchasing</strong> Office in areas such as contract compliance, purchasing<br />

<strong>procedures</strong>, the formulation <strong>of</strong> a Buyer‟s Guide and the negotiation <strong>of</strong> standard item goods/services<br />

for use across all faculties and services.<br />

Senior management <strong>of</strong> the <strong>University</strong> is concerned with the achievement <strong>of</strong> a comprehensive and<br />

consistent overview <strong>of</strong> the <strong>University</strong>'s purchasing and supply policies and activities, including<br />

training and the application <strong>of</strong> pr<strong>of</strong>essional purchasing skills to achieve value for money.<br />

The purchasing philosophy underpins the purchasing policy <strong>of</strong> the <strong>University</strong>, and the<br />

implementation <strong>of</strong> the policy is detailed in the following procedure notes.<br />

3 | 9 2


PURCHASING POLICY<br />

The <strong>University</strong>'s Views on <strong>Purchasing</strong><br />

The <strong>University</strong> seeks to ensure that its operational activities are consistent with, and supportive <strong>of</strong>,<br />

the Mission Statement and its associated values and aims, and are consistent with the policy stances<br />

taken by the institution on equal opportunities, regional affairs and environmental issues. The<br />

<strong>University</strong>, therefore, wishes to ensure that the process <strong>of</strong> the purchasing <strong>of</strong> goods for the<br />

<strong>University</strong> is sensitive to environmental factors, that it shows commitment to the region by,<br />

wherever possible, procuring goods from local firms, and that it facilitates equality <strong>of</strong> opportunity<br />

through contract compliance measures. These principles <strong>of</strong> purchasing will only be adopted,<br />

however, where value for money can be achieved.<br />

Policy Statement on <strong>Purchasing</strong><br />

The <strong>University</strong>'s <strong>Purchasing</strong> Policy is derived from the Mission Statement and associated values<br />

and aims. The <strong>Purchasing</strong> Policy will also operate within the wider framework <strong>of</strong> the Financial<br />

Regulations and legislative requirements.<br />

The <strong>Purchasing</strong> Policy is as follows: -<br />

1. The <strong>University</strong> will seek to achieve value for money in all purchases.<br />

2. Environmentally friendlier products will be purchased, wherever possible.<br />

3. Wherever possible, the <strong>University</strong> will not deal with companies who are known to operate<br />

discriminatory practices. All <strong>University</strong> contracts will include a clause upon which contract<br />

compliance will be sought.<br />

4. Subject to European directives, products will normally be purchased within the North West<br />

<strong>of</strong> England and, wherever possible, in <strong>Lancashire</strong> and Cumbria.<br />

5. Goods and Services will be purchased from within approved contracts and ranges where<br />

available.<br />

6. <strong>Purchasing</strong> will be on the basis <strong>of</strong> "just-in-time" to prevent unnecessarily large levels <strong>of</strong><br />

stock being maintained.<br />

Principles <strong>of</strong> Implementation<br />

All contracts for standard items and environmentally friendlier products (as defined in the<br />

purchasing <strong>procedures</strong>) will be negotiated by the Head <strong>of</strong> <strong>Purchasing</strong>. Major items and group<br />

purchases (as defined in the purchasing <strong>procedures</strong>) will be technically specified by the specialist<br />

staff, and the Head <strong>of</strong> <strong>Purchasing</strong> will undertake all contract negotiations.<br />

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PURCHASING PROCEDURES<br />

1 SERVICES<br />

The role <strong>of</strong> the <strong>Purchasing</strong> Office within the <strong>University</strong> is to formulate <strong>Purchasing</strong> Policy, coordinate<br />

purchasing activities within the <strong>University</strong>, provide pr<strong>of</strong>essional purchasing and insurance<br />

advice and assistance to all parts <strong>of</strong> the <strong>University</strong> Group.<br />

In general, the <strong>Purchasing</strong> Office shall be responsible for the following on behalf <strong>of</strong> the <strong>University</strong><br />

Group:<br />

<strong>Central</strong> Role - The <strong>Purchasing</strong> Office has a responsibility for all major purchases <strong>of</strong><br />

non-pay expenditure, including Capital.<br />

Contract Development - Commodity Research; Contract Strategy; Supplier Appraisal; Contract<br />

Reviews; Supplier Management.<br />

Tender Process - Production and issue <strong>of</strong> documents; Supplier Appraisal; Commercial Evaluation;<br />

Contract Award.<br />

Operational Issues - Pr<strong>of</strong>essional <strong>Purchasing</strong> advice and guidance relating to: acquisition <strong>of</strong> goods<br />

and services; assistance with compilation <strong>of</strong> Specifications; obtaining quotations; commercial<br />

negotiations; sourcing <strong>of</strong> Suppliers and commodities.<br />

For further information about the services provided by the <strong>Purchasing</strong> Office and specific detail<br />

relating to standards and time scales, please refer to the Service Standards for <strong>Purchasing</strong> Office on<br />

the <strong>Purchasing</strong> Office web site <strong>Purchasing</strong> service standards.<br />

Environmentally friendlier products are those products and services, which are generally<br />

recognised as providing a positive environmental performance and contribute to achievement <strong>of</strong> the<br />

<strong>University</strong>‟s Sustainable Development Strategy. In recommending the adoption <strong>of</strong> these products<br />

or services to the <strong>University</strong>'s Environment and Sustainable Development Steering Group, the<br />

<strong>Purchasing</strong> Office will ensure that value for money issues are addressed. Following approval, the<br />

products will appear in the Buyers Guide.<br />

5 | 9 2


2 PRIMARY BUDGET HOLDER<br />

PURCHASING PROCEDURES<br />

The Financial Regulations <strong>of</strong> the <strong>University</strong> Group (see paragraphs 501 - 516) detail budget policy<br />

and budgetary control.<br />

Primary Budget Holders are defined as persons to whom budget responsibility has been delegated<br />

by the <strong>University</strong> Board or by the Vice-Chancellor.<br />

Primary Budget Holders are authorised to approve expenditure, ensuring:<br />

- the goods and/or services are necessary and the expenditure which will be incurred can<br />

be contained within that part <strong>of</strong> the budget for which they are responsible;<br />

- established contracts or supply arrangements as contained in the Buyers Guide are<br />

utilised wherever possible;<br />

- where alternatives are available, the purchase represents economy (using the whole life<br />

costing method) and operational efficiency, and the advice <strong>of</strong> the <strong>Purchasing</strong> Office has<br />

been sought where necessary;<br />

- action is taken on incorrect or poor quality deliveries and/or services, and that the<br />

<strong>Purchasing</strong> Office is advised <strong>of</strong> such instances;<br />

- the correct purchasing route has been taken in accordance with the specified purchasing<br />

limits, (see paragraph 702 <strong>of</strong> Financial Regulations).<br />

Secondary Budget Holders are defined as persons to whom budget responsibility has been delegated<br />

by a Primary Budget Holder.<br />

6 | 9 2


3 AUTHORITY TO ORDER<br />

PURCHASING PROCEDURES<br />

The responsibilities and authority <strong>of</strong> Primary and Secondary Budget Holders are defined in<br />

Financial Regulations.<br />

Purchase Orders to be issued for any goods or services necessary may be authorised by a Budget<br />

Holder with the following exceptions:<br />

- The Supplier attempts to impose terms and conditions which conflict<br />

with the <strong>University</strong>'s Standard Conditions (especially payment<br />

terms); only the Head <strong>of</strong> <strong>Purchasing</strong>, as nominee <strong>of</strong> the Group<br />

Executive Director <strong>of</strong> Finance, may vary the Standard Conditions<br />

under which the <strong>University</strong> trades;<br />

- The single or cumulative value is in excess <strong>of</strong> £5,000 and three<br />

quotations have not been obtained;<br />

- The single or cumulative value is in excess <strong>of</strong> £50,000 and has not<br />

been subject to the Tendering procedure;<br />

- The purchase is for IT equipment: this necessitates additional<br />

authorisation by the Head <strong>of</strong> LIS<br />

If there are any doubts or concerns with regard to the authority necessary to make a particular<br />

purchase, please do not hesitate to contact the <strong>Purchasing</strong> Office for advice and assistance.<br />

Summary <strong>of</strong> <strong>Purchasing</strong> Limits<br />

Financial Regulations establish a <strong>Purchasing</strong> Limit <strong>of</strong> £5,001 - £50,000 where the requirement is for<br />

3 written quotations (i.e. formal <strong>of</strong>fers with fixed pricing). <strong>Purchasing</strong> Office involvement may be<br />

sought within this limit to assist in this process.<br />

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Value <strong>of</strong> Order/Contract<br />

(Exclusive <strong>of</strong> VAT)<br />

<strong>Purchasing</strong> requirements<br />

Up to and including£5,000<br />

Where possible, written quotation,<br />

otherwise estimated price (can include<br />

published or catalogue pricing)<br />

£5,001 - £50,000 Minimum <strong>of</strong> 3 written quotations<br />

£50,001 - £173,000 Minimum <strong>of</strong> 4 Tenders<br />

More than £173,000 EU Tender procedure<br />

Design and Build Contracts<br />

Maximum <strong>of</strong> 4 Tenders<br />

Low Value Orders<br />

The process <strong>of</strong> issuing Purchase Orders has a significant administrative resource cost (time spent in<br />

raising order, actioning copies, processing invoice, processing cheque, impact on finance system,<br />

etc.). Therefore, for low value purchases, the <strong>University</strong> purchasing card should normally be<br />

utilised.<br />

8 | 9 2


4 REQUEST TO PURCHASE<br />

PURCHASING PROCEDURES<br />

The Buyers Guide details all supply arrangements currently in force and will be regularly updated<br />

by the <strong>Purchasing</strong> Office. Where goods/services are required which are not referred to in the Guide<br />

and have a value (singly or cumulatively) <strong>of</strong> between £5,000 and £50,000 (exclusive <strong>of</strong> VAT), then<br />

the <strong>Purchasing</strong> Office can assist in the acquisition process. A <strong>Purchasing</strong> Request Form may be<br />

completed and sent to the <strong>Purchasing</strong> Office for action to facilitate this. The <strong>Purchasing</strong> Request is<br />

purely an internal document and must not be transmitted to Suppliers as an intention to purchase.<br />

Alternatively, an email request may be sent containing all information detailed below.<br />

When completing a <strong>Purchasing</strong> Request Form (available on the <strong>Purchasing</strong> Office web site) or<br />

submitting an email request, the following details must be provided:<br />

- Quantity and description <strong>of</strong> the goods/services required, including any technical<br />

specifications or recognised Standards;<br />

- Potential and/or preferred Suppliers;<br />

- Estimated and/or maximum (budget) cost;<br />

- Details (or attached copies) <strong>of</strong> any informal quotations obtained;<br />

- Full delivery requirements - date (or period)/location/recipient;<br />

- Authorised Budget Holder's signature.<br />

From receipt <strong>of</strong> a fully completed Purchase Request Form / email, the <strong>Purchasing</strong> Office will<br />

(within the time scales defined in Service Standards):<br />

- Advise whether a supply arrangement already exists;<br />

- Aggregate the request with requests from other Departments and Services as<br />

appropriate;<br />

- Source quotations/information from Suppliers and make recommendations for purchase<br />

to the budget holder;<br />

- If unable to locate minimum number <strong>of</strong> Suppliers, advise the budget holder to submit a<br />

waiver request to the Head <strong>of</strong> <strong>Purchasing</strong><br />

9 | 9 2


PURCHASING PROCEDURES<br />

5 SELECTION OF POTENTIAL SUPPLIERS<br />

In line with good purchasing practice, the <strong>University</strong> needs constantly to monitor and limit its<br />

established Supplier base in order to minimise administration resource costs and maximise bulk<br />

purchasing power.<br />

Details <strong>of</strong> existing supply agreements are listed on the <strong>Purchasing</strong> Office website under the Buyers<br />

Guide. This is constantly updated as contracts are renewed and new contracts are established.<br />

All suppliers must be set up on Agresso before purchases can be made (see section 18) unless the<br />

<strong>University</strong> <strong>Purchasing</strong> Card is being used to place the order.<br />

During Quotation or Tender exercises, user Departments may recommend Suppliers to the<br />

<strong>Purchasing</strong> Office for technical reasons. There is no guarantee that such Suppliers will be successful<br />

or acceptable once the <strong>Purchasing</strong> Office has undertaken a commercial evaluation. Where strong<br />

technical recommendations prove commercially unsound, the <strong>Purchasing</strong> Office will liaise with the<br />

User Department to reach an acceptable solution.<br />

The Head <strong>of</strong> <strong>Purchasing</strong> will evaluate the level <strong>of</strong> input for the <strong>University</strong> necessary to balance the<br />

costs <strong>of</strong> obtaining further quotations against the likely benefits or value for money issues. The<br />

Head <strong>of</strong> <strong>Purchasing</strong> will make recommendations, where necessary, to the Group Executive Director<br />

<strong>of</strong> Finance.<br />

10 | 9 2


PURCHASING PROCEDURES<br />

6 INVITATIONS TO TENDER / QUOTE<br />

The <strong>University</strong> will seek to achieve value for money in all purchases.<br />

Tenders<br />

Any single or cumulative (over any 12 month period) purchase likely to be in excess <strong>of</strong> £50,000<br />

(excluding VAT) may be subject to the <strong>University</strong>'s formal Tendering Procedure. The Head <strong>of</strong><br />

<strong>Purchasing</strong> will make recommendations to the Group Executive Director <strong>of</strong> Finance regarding any<br />

necessary Contract Strategy.<br />

A copy <strong>of</strong> the Tendering Procedure may be obtained from the <strong>Purchasing</strong> Office website<br />

In order to commence the Tendering process, a standard Tender Request Form should be completed<br />

and forwarded (with Specification etc.) to the <strong>Purchasing</strong> Office. A copy <strong>of</strong> the Form may be<br />

obtained from the <strong>Purchasing</strong> Office.<br />

Quotations<br />

It is recognised that for most purchases <strong>of</strong> goods or services below £5,000 (excluding VAT), it is<br />

unlikely that the purchaser within the department will require specialist or pr<strong>of</strong>essional purchasing<br />

input. Quotations for these purchases are still likely to generate savings for the purchaser.<br />

Standard Conditions have been developed (please refer to the website - Terms and conditions)<br />

which will apply to all purchases made by the <strong>University</strong>, thereby reducing commercial risk in the<br />

procurement process.<br />

Where it is intended to make a purchase from a Supplier not set up on Agresso, the procedure<br />

outlined in Approved Suppliers must be followed before issuing a Purchase Order.<br />

For purchases, which are greater than £5,000 in value (over any 12 month period ) but below the<br />

Tendering threshold, a <strong>Purchasing</strong> Request Form or email detailing requirements should be created<br />

if the <strong>Purchasing</strong> Office is to be involved in obtaining quotations. Quotations may be obtained by<br />

departments but must then be forwarded to the <strong>Purchasing</strong> Office for confirmation / clarification.<br />

A standard request for Quote form is available from the <strong>Purchasing</strong> Office website to ensure that<br />

suppliers are complying with the <strong>University</strong>‟s standard terms and conditions. This form must be<br />

used for all quotations regardless <strong>of</strong> value to ensure suppliers comply with the <strong>University</strong>‟s standard<br />

terms and conditions.<br />

11 | 9 2


PURCHASING PROCEDURES<br />

7 EU PROCUREMENT LEGISLATION<br />

INTRODUCTION<br />

The primary function <strong>of</strong> the European public procurement legislation is to open each Member<br />

States‟s public sector purchasing to intra-community competition. The legislation is founded on<br />

two main principles <strong>of</strong> non-discrimination (i.e. that a potential, or actual, tenderer is not<br />

discriminated against because <strong>of</strong> their nationality) and transparency (i.e. that the contract awarded<br />

is openly advertised and awarded using objective <strong>procedures</strong> that will withstand scrutiny. These<br />

principles are fully compatible with the UK government‟s policy which is that the public sector‟s<br />

purchasing decisions should be based on value for money achieved through open competition.<br />

The legislation which impacts upon the purchasing practices <strong>of</strong> UK public sector bodies was<br />

originally enacted via three distinct Statutory Instruments in the early- to mid-1990s, but all three<br />

have now been superseded by a „consolidated‟ European Directive which was introduced into UK<br />

law on 31 January 2006 (Public Contracts Regulations 2006, Statutory Instrument No.5).<br />

The 1990s Regulations placed a responsibility on public sector contracting authorities (which<br />

includes universities) to advertise certain types <strong>of</strong> contract above pre-determined values in the<br />

Official Journal <strong>of</strong> the European Union (OJEU), and thereafter deal with the tendering and award <strong>of</strong><br />

such contracts using a pre-determined set <strong>of</strong> <strong>procedures</strong> and practices. The 2006 legislation<br />

incorporates and refines most <strong>of</strong> the principles and practices described in the earlier Regulations,<br />

whilst broadening the scope <strong>of</strong> the legislation to cover novel or hitherto less-regulated areas <strong>of</strong><br />

public procurement, in particular environmental issues, electronic tendering, electronic auctions and<br />

framework agreements.<br />

The Head <strong>of</strong> <strong>Purchasing</strong> is responsible for guidance in ensuring that the <strong>University</strong> complies with<br />

its legal obligations concerning EU Procurement legislation. All departments and sections <strong>of</strong> the<br />

<strong>University</strong> are required to co-operate fully by notifying the Head <strong>of</strong> <strong>Purchasing</strong> <strong>of</strong> any purchases<br />

likely to exceed the appropriate threshold under any <strong>of</strong> the above Directives. All purchases under<br />

the Works Directives must be notified to the Director <strong>of</strong> Facilities Management.<br />

1 DEFINITIONS<br />

1.1 Public Supply Contracts<br />

A public supply contract is one for the purchase, lease, rental or hire purchase, with or<br />

without option to buy, <strong>of</strong> products. It includes siting and installation <strong>of</strong> the products where<br />

these are part <strong>of</strong> the main purchase.<br />

1.2 Public Services Contracts<br />

A public service contract is one where the purchaser engages a contractor (the service<br />

provider) to provide services. There are two categories <strong>of</strong> services - Part A (to which the<br />

Services Regulations apply in full) and Part B (where the tender is only subject to some <strong>of</strong><br />

the requirements in the Regulations, namely rules regarding technical specifications and the<br />

12 | 9 2


publication <strong>of</strong> contract award notices). Parts A and B appear as lists in annexes to the<br />

Directive. If a contract includes both products and services, the element which has the<br />

highest value determines whether it is to be treated as a public supply contract or public<br />

service contract.<br />

1.3 Design contests<br />

Design contests are <strong>procedures</strong> for obtaining plans or designs which are intended to lead to<br />

the award <strong>of</strong> a public service contract, <strong>of</strong>ten including the <strong>of</strong>fer <strong>of</strong> a prize or payment to the<br />

participants. The value <strong>of</strong> the contest for the purposes <strong>of</strong> assessing whether it exceeds the<br />

threshold is the value <strong>of</strong> the resultant public services contract plus the value <strong>of</strong> the prize.<br />

1.4 Public Works Contracts<br />

A public works contract is one for the execution, or design and execution, <strong>of</strong> civil<br />

engineering or building works. A list <strong>of</strong> these works appears as an annex to the legislation.<br />

The list is surprisingly wide-ranging; including such activities as demolition work, test<br />

drilling, plumbing, wiring, installation <strong>of</strong> fixtures and fittings, painting and wallpapering and<br />

renting <strong>of</strong> construction or demolition equipment with an operator. Where the contract<br />

involves supplies and/or services as well as works, it should be classified according to its<br />

predominant purpose.<br />

A public works concession is a contract where the consideration (payment) for the works is<br />

wholly or partly the granting <strong>of</strong> a right to exploit the works.<br />

Subsidised works contracts are works contracts to which public authorities (which includes<br />

universities) contribute more than 50% <strong>of</strong> the cost. Even though the contract might be<br />

awarded by a private sector body, the public authority must ensure that the Regulations are<br />

complied with. Note that the threshold value applies to the total contract value, not the<br />

value <strong>of</strong> the subsidy.<br />

1.5 Framework Agreements<br />

A framework agreement can be made with one or more than two suppliers. Its purpose is<br />

to establish the terms governing multiple purchases to be made over a particular period.<br />

Special rules apply to the formation and operation <strong>of</strong> framework agreements; these are<br />

described in more detail below.<br />

1.6 An electronic auction can be used after full evaluation <strong>of</strong> initial tenders, where final bids are<br />

ranked automatically, usually on the basis <strong>of</strong> price. The process is unsuitable for many<br />

services and works contracts. Specialised s<strong>of</strong>tware is required to undertake electronic<br />

auctions, and there are special EU rules governing their conduct which are outside the scope<br />

<strong>of</strong> these <strong>procedures</strong>.<br />

13 | 9 2


2 VALUATION OF A CONTRACT<br />

The proposed tender will fall within the Regulations if its estimated value is greater than the<br />

prescribed thresholds. These have been summarised in Table 1 below.<br />

The Regulations provide guidance on how to estimate the value <strong>of</strong> proposed tenders. If,<br />

after calculation, the value <strong>of</strong> the contract exceeds the appropriate thresholds, it will fall<br />

within the scope <strong>of</strong> the Regulations. The method <strong>of</strong> calculation used depends upon the type<br />

<strong>of</strong> purchase to be undertaken.<br />

Regulations Threshold European Threshold Equivalent UK *<br />

Supply Contracts 200,000 Euros £173,934<br />

Service Contracts 200,000 Euros £173,934<br />

Works Contracts<br />

Inc. Subsidised Works<br />

Contracts<br />

5,000,000 Euros £4,348,350<br />

* Calculated 1 January 2012, revised every 2 years<br />

Table 1:<br />

Relevant Thresholds for Public Procurement Regulations<br />

(VAT and Insurance Premium Tax are excluded)<br />

14 | 9 2


2.1 Public Supply and Public Service Contracts<br />

2.1.1 If the contract is for a “one-<strong>of</strong>f” purchase, estimate the total value including all component<br />

parts, transport costs, installation and commissioning.<br />

2.1.2 The value <strong>of</strong> a series <strong>of</strong> contracts, or repeat orders, for the same or similar products, should<br />

be estimated over a reasonable period (e.g. expected length <strong>of</strong> requirement.) This can be<br />

either historically or in the future. Note, however, that requirements cannot be<br />

disaggregated in order to avoid the Regulations.<br />

2.1.3 Fixed term contracts for services or for the lease, rental or hire purchase <strong>of</strong> products should<br />

be estimated for the duration <strong>of</strong> the contract. Where the contract is part <strong>of</strong> a series, the<br />

whole series should be estimated over a 12 month period or longer, if appropriate. If a<br />

contract is for a fixed period, say one year, but has an option to extend for up to two<br />

additional years, then regardless <strong>of</strong> whether or not there is uncertainty about exercising the<br />

extension option, the duration has to be taken as 3 years (the maximum duration in this<br />

example) when estimating its value.<br />

2.1.4 If a contract, or series <strong>of</strong> contracts, for services is for an indefinite or uncertain period, or the<br />

total price is not known but the contract period exceeds 48 months, then its total value<br />

should be calculated by multiplying the estimated monthly value by 48.<br />

Note: Where the proposed contract includes more than one <strong>of</strong> the above elements, the<br />

value must be determined by calculating the highest possible value.<br />

2.2 Specific types <strong>of</strong> Public Service Contract<br />

For the following types <strong>of</strong> services, the values to taken as a basis for calculating the<br />

estimated contract values are:<br />

- insurance services: the premium payable and other forms <strong>of</strong> remuneration;<br />

- banking and other financial services: the fees, commissions, interest and other forms<br />

<strong>of</strong> remuneration;<br />

- design contracts: fees, commission payable and other forms <strong>of</strong> remuneration.<br />

2.3 Public Works Contracts<br />

2.3.1 Estimate the value <strong>of</strong> the whole works contract.<br />

2.3.2 Where the contract is part <strong>of</strong> a series necessary to carry out a project, it is the total value <strong>of</strong><br />

the aggregated contracts, which will determine if the contract falls within the scope <strong>of</strong> the<br />

Regulations.<br />

15 | 9 2


2.4 Waivers for „Small Lots‟<br />

For Public Supply, Service and Works purchases where the contracts are awarded at the<br />

same time in the form <strong>of</strong> separate lots, it is the aggregated value <strong>of</strong> the lots which will<br />

determine whether the Regulations apply. However, application <strong>of</strong> the threshold can be<br />

waived in respect <strong>of</strong> lots below the Small Lots thresholds identified in the above table,<br />

provided that the aggregate value <strong>of</strong> those lots does not exceed 20% <strong>of</strong> the value <strong>of</strong> the<br />

overall aggregate value <strong>of</strong> the lots as a whole.<br />

Example: Public supply contracts for a particular commodity will be let in five lots: three <strong>of</strong><br />

an estimated £20,000 each and two <strong>of</strong> £130,000 each. Thus the aggregate value <strong>of</strong> the<br />

contracts is £320,000 which clearly exceeds the EU threshold. However, each <strong>of</strong> the three<br />

small contracts falls below the Small Lots threshold. In aggregate, they comprise slightly<br />

less than 20% <strong>of</strong> the overall value <strong>of</strong> the five lots (18.75% to be precise). Therefore the<br />

three small contracts are not subject to the EU tendering process. The two larger lots still<br />

collectively exceed the threshold, and must therefore be subjected to an EU tendering<br />

process.<br />

Note: Where the proposed contract includes more than one <strong>of</strong> the above elements,<br />

the value must be determined by calculating the highest possible value.<br />

3 SPECIFIC EXCLUSIONS<br />

Contracts for the following types <strong>of</strong> purchase are excluded from the <strong>procedures</strong>:<br />

a) Land, existing buildings or other immovable property or rights thereon. However,<br />

financial services associated with the acquisition are subject to the <strong>procedures</strong>.<br />

b) Programme material for broadcast, and contracts for broadcasting time.<br />

c) Arbitration and conciliation services.<br />

d) Transactions relating to securities or other financial instruments (particularly where<br />

these are to raise capital), and central bank services.<br />

e) Employment contracts.<br />

f) Research and development services, providing the service is wholly paid for by UCLan.<br />

However, where the benefits accrue exclusively to UCLan for use in its own affairs,<br />

the EU <strong>procedures</strong> do apply.<br />

16 | 9 2


4 TENDERING PROCEDURES<br />

Tenders may be sought by one <strong>of</strong> four <strong>procedures</strong>: Open, Restricted, Negotiated or<br />

Competitive Dialogue. Open and Restricted are by far the most commonly-used <strong>procedures</strong>.<br />

4.1 Open Procedure<br />

A notice is published in the OJEU stating that tenders will be sought under the Open<br />

Procedure. All potential suppliers requesting tender documentation by the deadline stated in<br />

the notice must be sent the documentation within 6 days <strong>of</strong> their request. Alternatively the<br />

documentation can be made available to all interested suppliers on the internet. The<br />

advantage <strong>of</strong> the Open Procedure over the Restricted Procedure is that minimum timescales<br />

are shorter. However, if there are a large number <strong>of</strong> potential suppliers in the marketplace,<br />

use <strong>of</strong> the Open Procedure can result in a large number <strong>of</strong> tender submissions, which in turn<br />

increases the assessment workload. One way <strong>of</strong> attempting to control the number <strong>of</strong> tenders<br />

is to stipulate minimum levels <strong>of</strong> economic and financial standing or technical/pr<strong>of</strong>essional<br />

ability in the contract notice. Care must be taken to ensure that the minimum levels are<br />

related to and proportionate to the subject matter <strong>of</strong> the contract, and that the levels used do<br />

not exclude smaller companies unreasonably.<br />

4.2 Restricted Procedure<br />

A notice is published in the OJEU stating that tenders will be sought under the Restricted<br />

Procedure. Firms communicate, in response to the notice, their interest in tendering for the<br />

contract. The contracting authority, using criteria stated in the notice (e.g. legality to<br />

operate, financial and economic standing, and technical/pr<strong>of</strong>essional ability) which must be<br />

drawn from a list provided in the legislation, selects firms who will be invited to submit a<br />

tender.<br />

It is permitted to state the number <strong>of</strong> firms the contracting authority intends to invite to<br />

tender, sometimes expressed as a range. This is the main advantage <strong>of</strong> the Restricted<br />

Procedure over the Open Procedure, since it restricts the number <strong>of</strong> tenders and<br />

consequently reduces the amount <strong>of</strong> effort required to evaluate them. The range must be<br />

stated in the contract notice and in any event the minimum number permissible is 5. If the<br />

number <strong>of</strong> eligible respondents falls below 5, the process may continue, providing there is<br />

still genuine competition. However no “new” candidates can be introduced at this stage and<br />

the selection criteria cannot be artificially relaxed to allow more firms to pass to the tender<br />

submission stage.<br />

The criteria stated in the notice cannot deviate from those set out in the legislation. Thus it<br />

can <strong>of</strong>ten be very difficult to differentiate suppliers so that enough <strong>of</strong> them can be eliminated<br />

at the first (<strong>of</strong>ten called the „prequalification‟) stage even after minimum levels <strong>of</strong> economic<br />

and financial standing or technical/pr<strong>of</strong>essional ability have been stipulated. Any exclusion<br />

<strong>of</strong> a supplier at this point must be fully justifiable in terms <strong>of</strong> its failure to match the<br />

selection criteria stated in the original contract notice.<br />

If there is likely to be a large number <strong>of</strong> applications from interested firms, great care must<br />

be taken to develop a prequalification questionnaire that has the desired effect <strong>of</strong> being able<br />

to be used effectively and fairly to differentiate the firms‟ capabilities, so that only the<br />

required number <strong>of</strong> firms passes through to the tendering stage.<br />

17 | 9 2


4.3 Negotiated Procedure<br />

Under the Negotiated Procedure the terms <strong>of</strong> the contract are negotiated directly with one or<br />

more suppliers. However, the procedure can only be used in the specific instances described<br />

below. Moreover, the Office <strong>of</strong> Government Commerce advises that use <strong>of</strong> the Negotiated<br />

procedure is likely to decline as the Competitive Dialogue procedure becomes more widely<br />

accepted.<br />

It is NOT mandatory to advertise the Negotiated tender in the OJEU unless specifically<br />

stated to the contrary below. It is permissible for the Negotiated Procedure to take place<br />

in successive stages to gradually reduce the number <strong>of</strong> tenders, providing the contract notice<br />

or specification states that this is the intention.<br />

4.3.1 For public works, public supplies and public service contracts:<br />

a) Tenders received under a previous competitive exercise held under the Open, Restricted<br />

or Competitive Dialogue <strong>procedures</strong> have been irregular, or unacceptable. The<br />

proposed terms <strong>of</strong> the contract must be substantially unaltered from those originally<br />

used. The resultant tender must be advertised in the OJEU, giving the reasons for use<br />

<strong>of</strong> the Negotiated Procedure.<br />

Note: If all <strong>of</strong> the participants in the Open or Restricted exercise are invited to<br />

negotiate then there is no need to advertise the use <strong>of</strong> the Negotiated procedure.<br />

However, if one or more <strong>of</strong> the participants from the earlier tender exercise who<br />

submitted tenders is rejected, then the use <strong>of</strong> the Negotiated procedure must be<br />

advertised in the OJEU. In both instances, the terms <strong>of</strong> the Negotiated tender must be<br />

substantially unchanged from the original exercise undertaken under the Open or<br />

Restricted procedure.<br />

b) A competitive exercise held under the Open or Restricted procedure has resulted in no<br />

applications or tenders, or unsuitable tenders.<br />

c) There is only one supplier available for technical or artistic reasons or on account <strong>of</strong><br />

exclusive rights.<br />

d) Extreme urgency exists for reasons that are unforeseeable and are not attributable to<br />

the contracting authority.<br />

e) In exceptional cases where the nature <strong>of</strong> the works, supplies or services or the risks do<br />

not permit overall pricing, the Negotiated tender must be advertised in the OJEU.<br />

4.3.2 For public supply contracts:<br />

a) The goods covered by the contract are to be manufactured purely for the purpose <strong>of</strong><br />

research, experiment, study and development; but not when the goods are to be<br />

purchased or hired to establish their commercial viability or to recover their research<br />

and development costs.<br />

b) The goods covered by the contract are partial replacements for, or additional to, existing<br />

goods or an installation, or when obtaining the goods from another source would cause<br />

problems <strong>of</strong> incompatibility or disproportionate technical difficulties. Such extensions<br />

may not, as a general rule, be for more than three years.<br />

18 | 9 2


c) The goods are purchased on a commodity market.<br />

d) The goods are being purchased on particularly advantageous terms because the supplier<br />

is being wound up, is bankrupt or in receivership.<br />

4.3.3 For public service contracts:<br />

a) Where the contract follows a design contest and there is more than one successful<br />

candidate. (Note that the Negotiated procedure cannot be used for a Works contract in<br />

this manner.)<br />

b) For insurance, banking and investment contracts, and intellectual services such as the<br />

design <strong>of</strong> works, but only if the activities cannot be defined well enough for the Open<br />

or Restricted Procedures to be used. The tender must be advertised in the OJEU.<br />

4.3.4 For public works contracts:<br />

Where the works are to be carried out solely for the purposes <strong>of</strong> research, testing or<br />

development and not with the aim <strong>of</strong> ensuring pr<strong>of</strong>itability or recovering research and<br />

development costs. The tender must be advertised in the OJEU.<br />

4.3.5 For public works and public service contracts:<br />

a) Additional works or services not included in the original contract where the need has<br />

arisen through unforeseen circumstances, and where they cannot be technically or<br />

economically separated from the original contract without major inconvenience to the<br />

contracting authority, or where they are necessary for completion <strong>of</strong> the contract.<br />

However, the Negotiated procedure cannot be used where the aggregate value <strong>of</strong> the<br />

additional works or services exceeds 50% <strong>of</strong> the value <strong>of</strong> the original contract.<br />

b) Where new works and services which repeat the initial contract are being carried out<br />

by the same supplier, providing the original contract was awarded through the Open or<br />

Restricted Procedure, and the original advertisement mentioned the possibility <strong>of</strong><br />

additional requirements. However this procedure may only be used during the three<br />

years following the end <strong>of</strong> the original contract.<br />

Note: A contract award notice must be published for every case where the Negotiated Procedure is<br />

used regardless <strong>of</strong> whether the tender exercise was advertised or not. It is advisable to hold a report<br />

on file should information be requested by HM Treasury on behalf <strong>of</strong> the European Commission.<br />

4.4 Competitive Dialogue Procedure<br />

This procedure is suitable only for particularly complex contracts, for example Public<br />

Private Partnership (Private Finance Initiative) contracts where the contracting authority is<br />

unable to specify its requirements at the outset without entering into detailed discussions<br />

with potential suppliers. The aim <strong>of</strong> the discussions is to identify and compare possible<br />

solutions before requesting final tenders.<br />

A contract notice must be published in the OJEU setting out the needs and requirements <strong>of</strong><br />

the contracting authority. A dialogue may then commence between the contracting<br />

19 | 9 2


authority and suitable candidates in which all aspects <strong>of</strong> the contract can be discussed. Care<br />

must be taken to ensure that all candidates are treated equally. From a practical point <strong>of</strong><br />

view, this can best be demonstrated by keeping a detailed record written record <strong>of</strong> all<br />

discussions which is then signed <strong>of</strong>f by both the Supplier and the <strong>University</strong>.<br />

When the contracting authority has identified a suitable solution or solutions, it declares that<br />

the dialogue is concluded and requests that tenders be submitted. It is important that the<br />

request and the resultant tenders are as comprehensive as possible because the scope for<br />

post-tender negotiation is even more limited than in the Open and Restricted <strong>procedures</strong><br />

(such negotiations having already taken place in the dialogue phase).<br />

4.5 Choice <strong>of</strong> Procedure<br />

Under the Regulations, universities have a free choice between the Open and Restricted<br />

<strong>procedures</strong>.<br />

Use <strong>of</strong> the Negotiated or Competitive Dialogue procedure is unusual, and is more likely to<br />

invite the scrutiny <strong>of</strong> the European Commission than the other <strong>procedures</strong>. Where it is<br />

agreed that the Negotiated or Competitive Dialogue procedure can be used, the contracting<br />

authority must justify its choice and take great care to ensure that the reasons are properly<br />

documented.<br />

5 FRAMEWORK AGREEMENTS<br />

Framework agreements set out the terms and conditions under which specific purchases<br />

(„call-<strong>of</strong>fs‟) are made over a pre-determined period <strong>of</strong> time. They are particularly useful for<br />

creating a panel <strong>of</strong> several approved suppliers who then compete with each other for each<br />

„call-<strong>of</strong>f‟.<br />

Framework agreements can be made either with one supplier or with a panel <strong>of</strong> at least three<br />

suppliers, and must not exceed four years‟ duration unless there are exceptional<br />

circumstances. The suppliers are appointed through a tendering process, usually following<br />

the Open or Restricted procedure.<br />

Where there is one supplier, the contracting authority should ask the supplier to provide<br />

specific prices or terms for „call-<strong>of</strong>f‟ orders within the parameters set out in the original<br />

Framework agreement.<br />

It is more usual for Framework agreements to have a panel <strong>of</strong> three or more suppliers. In<br />

some cases it is a straightforward task to determine which <strong>of</strong> the suppliers should win the<br />

„call-<strong>of</strong>f‟; for example, where all <strong>of</strong> the suppliers on the panel have fixed price lists or there<br />

is pre-agreed mechanism for calculating prices for comparable items. Here, the contracting<br />

authority would simply compare the prices and select the lowest without re-opening<br />

competition. In cases where the task is not so clear-cut, a process <strong>of</strong> „mini-competition‟ is<br />

undertaken whereby the contracting authority issues a statement <strong>of</strong> requirements to all <strong>of</strong> the<br />

suppliers on the panel capable <strong>of</strong> undertaking the task. These proposals are then evaluated<br />

in accordance with the criteria set out in the original Framework tender.<br />

20 | 9 2


6 TIMESCALES<br />

In each <strong>of</strong> the <strong>procedures</strong>, there are timescales laid down regarding publication <strong>of</strong> notices,<br />

invitations to tender, receipt <strong>of</strong> tender submissions etc. These timescales vary with the<br />

procedure used and are summarised in Table 2 below.<br />

The publication <strong>of</strong> a Prior Information Notice (PIN) enables the time periods for the Open<br />

and Restricted <strong>procedures</strong> to be shortened. The PIN is intended to give potential suppliers a<br />

brief overview <strong>of</strong> the forthcoming tender requirement. The PIN is only permissible as a<br />

means <strong>of</strong> shortening timescales if it is sent for publication between 52 days and 12 months<br />

before the date the actual contract notice is sent.<br />

In cases <strong>of</strong> extreme urgency it is possible to use accelerated Restricted or Negotiated<br />

<strong>procedures</strong>. The circumstances under which the shortened time periods can be used are<br />

strictly defined and must be justifiable. The cause <strong>of</strong> the „extreme urgency‟ must be outside<br />

the contracting authority‟s control. For example, having to spend funds before a specific<br />

date would not be considered an appropriate reason.<br />

Where a contract is voluntarily advertised, i.e. where it is not expressly covered by the<br />

requirements <strong>of</strong> the Directives or Regulations, then the timescale requirements are not<br />

binding in relation to the tender <strong>procedures</strong>. Thus, it may be beneficial for a contracting<br />

authority to give wider exposure to its requirements by choosing to use the European forum<br />

even where not absolutely necessary.<br />

Table 2:<br />

Summary <strong>of</strong> prescribed time periods<br />

Procedure Phase Days<br />

Open<br />

Restricted<br />

Restricted<br />

Accelerated<br />

Competitive<br />

Dialogue and<br />

Negotiated<br />

Minimum time for receipt <strong>of</strong> tenders from<br />

date contract notice sent<br />

Reduced when PIN published to, generally<br />

But never less than<br />

Minimum time for receipt <strong>of</strong> requests to<br />

participate from date contract notice sent<br />

( reduced by 7 days for electronic system)<br />

Minimum time for receipt <strong>of</strong> tenders from the<br />

date invitation sent<br />

( reduced by 5 days for electronic system)<br />

Reduced when PIN published to, generally<br />

But never less than<br />

Minimum time for requests to participate<br />

from date contract notice sent<br />

Minimum time for receipt <strong>of</strong> tenders from the<br />

date invitation sent<br />

Minimum time for receipt <strong>of</strong> requests to<br />

participate from date contract notice sent<br />

Negotiated Minimum time for receipt <strong>of</strong> requests to 15<br />

45<br />

36<br />

22<br />

30<br />

35<br />

36<br />

22<br />

15<br />

10<br />

37<br />

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Accelerated<br />

participate from date contract notice sent<br />

Notes:<br />

a) The time period starts on the day the notice is despatched to the OJEU, not the date<br />

when it is actually published. If the last day is a Saturday, Sunday or public holiday<br />

then the receipt or closing date will be the first ordinary working day thereafter.<br />

b) PIN = Prior Information Notice.<br />

7 CONTRACT DOCUMENTATION<br />

Once the contracting authority has established that the proposed contract falls within the<br />

remit <strong>of</strong> one <strong>of</strong> the Regulations, and has selected which procedure to use, the contract must<br />

be advertised and documentation prepared, paying special attention to the technical<br />

specification and selection criteria.<br />

7.1 Advertising Requirements<br />

The Open, Restricted and, where applicable, Negotiated <strong>procedures</strong> require that the<br />

contracting authority places a notice in the OJEU, stating its intention to seek <strong>of</strong>fers in<br />

respect <strong>of</strong> the perceived need. The notice must take into account the timescales detailed in<br />

Table 2 above.<br />

It is important that the maximum anticipated duration <strong>of</strong> the contract is stated in the notice.<br />

For example, if the expected duration is 3 years but there is a possibility that it could be<br />

extended to 5 years, then state “up to 5 years” in the notice. The circumstances under which<br />

a contract extension might be granted can then be described with more precision in the<br />

invitation to tender document.<br />

The contracting authority cannot advertise the contract in its local or national press<br />

before the notice has been despatched to the OJEU. The advertisement must not contain any<br />

more information than is contained in the OJEU notice.<br />

7.2 Technical Specifications<br />

When preparing the documentation it is necessary to ensure that the specifications for the<br />

product are non-discriminatory. In particular, the specification must not be based upon the<br />

specification <strong>of</strong> an existing product from one supplier. This would be in breach <strong>of</strong> the<br />

regulations and is likely to invite challenges from other suppliers. If the requirement can<br />

only be expressed by reference to a brand or proprietary name, then the name must be<br />

accompanied by the words “or equivalent”.<br />

The technical specification should be defined by reference to European specifications where<br />

they exist, in the following order <strong>of</strong> preference:<br />

a. National standards incorporating European standards<br />

b. European technical approvals<br />

c. Common technical specifications, e.g. Electromagnetic Compatibility<br />

d. International standards<br />

22 | 9 2


e. Other technical reference systems established by the European standardization<br />

bodies<br />

Only where none <strong>of</strong> the above standards exist is it appropriate to refer to national standards.<br />

All references must be accompanied by the words “or equivalent”.<br />

There are, however, instances where it is permissible to derogate from the prescribed<br />

hierarchy <strong>of</strong> specifications. Again, like other exceptions, these are clearly defined in the<br />

Regulations, for example, where there exists a statutory duty in relation to health and safety;<br />

technical reasons <strong>of</strong> conformance; incompatibility or disproportionate technical differences<br />

or disproportionate costs; or innovative reasons.<br />

Technical specifications may define environmental characteristics, e.g. production method<br />

and/or environmental impact. Methods <strong>of</strong> defining environmental impact must be drawn up<br />

using scientific criteria that are accessible and understandable to all parties. For works and<br />

services, information about the supplier‟s technical ability with regard to environmental<br />

management measures may be requested, but only if is appropriate. The standards indicated<br />

in the tender documentation must always be EU standards or equivalent.<br />

8 SUPPLIER SELECTION CRITERIA<br />

Potential tenderers may be excluded from tendering if they do not meet prescribed criteria,<br />

which should be designed to determine their economic and financial standing and their<br />

capability <strong>of</strong> fulfilling the requirements <strong>of</strong> the contract. These criteria must be stated in the<br />

notice published in the OJEU and/or in the contract documentation.<br />

A firm may be ineligible if, for example, it is found to be in financial difficulty, or guilty <strong>of</strong><br />

misconduct. It may be asked to provide details <strong>of</strong> its financial standing, and its technical<br />

capacity. The contracting authority may select which criteria it considers appropriate in<br />

relation to economic and financial standing or technical capacity.<br />

If a company marginally fails to meet one or more <strong>of</strong> the criteria, then a second opinion may<br />

be sought from a third party credit-referencing agency. If the rating given by the agency<br />

defines the company as low to medium risk, then a decision can be made to let the company<br />

proceed to the next phase <strong>of</strong> the tender process. If however the rating is high risk then the<br />

company should not proceed any further.<br />

Standards may be waived by the Group Executive Director <strong>of</strong> Finance (or nominee).<br />

Any selection/shortlisting exercises must be even-handed, consistent with stated criteria and<br />

must not discriminate on grounds <strong>of</strong> nationality or geographical location.<br />

9 CONTRACT AWARD<br />

9.1 Award Criteria<br />

Having ascertained the suitability <strong>of</strong> the tenderers, the contracting authority must award the<br />

contract to the submission which:<br />

<strong>of</strong>fers the lowest price, or<br />

23 | 9 2


is most economically advantageous to the contracting authority – in addition to price, this<br />

includes factors like quality, technical merit, aesthetic and functional characteristics,<br />

environmental characteristics, running costs, cost-effectiveness, after-sales service and<br />

technical assistance, delivery date and delivery period or period <strong>of</strong> completion.<br />

In most cases it would be extremely unwise to award the contract on the basis <strong>of</strong> price alone<br />

without giving any consideration to other factors.<br />

The award criteria must be listed in the contract notice and/or in the invitation to tender<br />

document. The relative weighting given to each criterion must also be stated. This can be<br />

expressed in terms <strong>of</strong> a range with an appropriate maximum spread. These criteria and<br />

weightings must be used in the tender evaluation; they cannot be altered after publication.<br />

9.2 Abnormally Low Tenders<br />

Tenders may be rejected if they are abnormally low but only after the tenderer has been<br />

given an opportunity to justify/confirm or withdraw the <strong>of</strong>fer submitted.<br />

10 NOTIFICATION OF CONTRACT AWARD<br />

10.1 Contract Award Notice<br />

The contracting authority must publish a contract award notice in the OJEU within 48 days<br />

<strong>of</strong> the contract award or establishment <strong>of</strong> a framework agreement. This requirement also<br />

applies to categories <strong>of</strong> public service contracts covered by Part B (see section 1.2 above). It<br />

is important to observe the mandatory standstill period (see section 10.3 below).<br />

10.2 De-briefing Unsuccessful Tenderers<br />

Under the Regulations, after an award decision has been made, the unsuccessful tenderers<br />

may request a de-briefing to ascertain why their bid was unsuccessful. This de-briefing, if<br />

requested, should take place within 15 days <strong>of</strong> the request. A tenderer can request an<br />

accelerated debrief within 2 working days <strong>of</strong> the date <strong>of</strong> dispatch <strong>of</strong> the decision notification.<br />

The contracting authority must then provide a debrief within 3 working days <strong>of</strong> the end <strong>of</strong><br />

the standstill period. If the tenderer requests a debrief outside the 2 working days limit, then<br />

the debrief must be provided within the normal 15 day period.<br />

Great care must be taken during de-briefing to avoid giving the tenderer information which<br />

is confidential to other tenderers. Where practicable, the overall score obtained by the<br />

winner <strong>of</strong> the tender and the tenderer being de-briefed should be given; avoid giving further<br />

details <strong>of</strong> other tenderers‟ bids. A poorly-handled de-briefing can result in resentment and,<br />

at worst, a legal challenge to the selection decision from an aggrieved supplier. The<br />

<strong>Purchasing</strong> Office must be present at any debriefing sessions.<br />

10.3 Mandatory standstill period<br />

As soon as a decision has been made to award a contract or conclude a framework<br />

agreement, the contracting authority must inform all bidders (preferably by fax or email).<br />

They should be provided with details <strong>of</strong> the award criteria; their own score and that <strong>of</strong> the<br />

winner (where practicable); the name <strong>of</strong> the successful tenderer; the reasons for the decision<br />

24 | 9 2


including the characteristics and relative advantages <strong>of</strong> the successful tender and reasons (if<br />

any) why they did not meet the technical specification. The award notice must contain a<br />

statement <strong>of</strong> either when the standstill period is expected to end or the date before which the<br />

contracting authority will not enter into a contact. The contracting authority must then wait<br />

10 days before actually entering into the contract or concluding the framework agreement.<br />

10.4 Reporting Requirements<br />

Contracting authorities are required to report, for each public supply and services contract,<br />

details <strong>of</strong> the value, procedure, type <strong>of</strong> goods and the nationality <strong>of</strong> the successful tenderer to<br />

H.M. Treasury. <strong>Purchasing</strong> Office will collect this information annually and issue a report<br />

on behalf <strong>of</strong> the <strong>University</strong>.<br />

11 DISPUTES AND REMEDIES<br />

Failure to adhere to the Regulations may cause a legal challenge by an aggrieved supplier, or<br />

investigation by the European Commission. This can result in a contract being suspended or<br />

even completely set aside and/or compensation being paid to tenderers. <strong>Purchasing</strong> Office<br />

must be contacted immediately if there is any indication that a tenderer is unhappy with<br />

the conduct <strong>of</strong> a tender or the final result, even if the complaint appears petty or without<br />

foundation, so that action can be taken to avoid escalation.<br />

25 | 9 2


8 USE OF PURCHASE ORDERS<br />

PURCHASING PROCEDURES<br />

Purchase Orders are formal <strong>University</strong> documents which, when issued to an external party, commit<br />

the <strong>University</strong> to expenditure and form a legally binding Contract with the external party. An order<br />

must be raised prior to the ordering <strong>of</strong> any goods or services (unless the <strong>University</strong> <strong>Purchasing</strong> card<br />

is being used.) Failure to do so will result in a breach <strong>of</strong> Financial Regulations (see paragraphs 705-<br />

706.)<br />

Purchase Orders are individually numbered and are obtained through Agresso.<br />

In order to reduce the commercial risk in the use <strong>of</strong> such documentation, Purchase Orders<br />

must always be approved by the Budget Holder and any over £5,000 are approved by the<br />

<strong>Purchasing</strong> Office. The <strong>University</strong>‟s Terms and Conditions are available on the Internet as stated<br />

on the Order Form. Only the Head <strong>of</strong> <strong>Purchasing</strong>, as nominee <strong>of</strong> the Group Executive Director<br />

<strong>of</strong> Finance, may vary the Standard Conditions under which the <strong>University</strong> trades.<br />

Where Suppliers issue an 'order acknowledgement', then User Departments should check quantity,<br />

price and delivery details against the original Order and discrepancies taken up with the Supplier<br />

immediately. Of particular importance is the need to check whether the acknowledgement<br />

attempts to enforce the Suppliers Conditions <strong>of</strong> Sale. If so, this must be challenged by fax or<br />

letter before receipt <strong>of</strong> goods or services: please contact the <strong>Purchasing</strong> Office for assistance, if<br />

necessary.<br />

Once a Purchase Order has been issued, a check to determine progress on the delivery <strong>of</strong> the<br />

products or services may be required (either before or after the specified date). The responsibility<br />

for progress chasing (expediting) rests with the Budget Holder/User Department issuing the<br />

Purchase Order.<br />

Any unreasonable delays or erroneous deliveries from a Supplier who is listed in the Buyers Guide<br />

must be made known to the <strong>Purchasing</strong> Office so that appropriate action can be taken.<br />

Required delivery dates must be stated when raising Purchase Orders so that progress can be<br />

checked against such dates. The use <strong>of</strong> 'Urgent' or 'ASAP' are not acceptable terms for<br />

delivery dates.<br />

26 | 9 2


9 DEALING WITH SUPPLIERS<br />

PURCHASING PROCEDURES<br />

All dealings with Suppliers must preserve the highest standards <strong>of</strong> honesty, integrity, impartiality<br />

and objectivity, while remaining fair, efficient, firm and courteous.<br />

Most transactions between the <strong>University</strong> and external Suppliers - although forming a legallybinding<br />

contract - usually operate and conclude with relatively few incidents or disputes.<br />

The following guidance points will help to ensure consistency <strong>of</strong> commercial activity, raise<br />

awareness <strong>of</strong> contractual issues, and thereby lessen the risk <strong>of</strong> potential disputes.<br />

1. Please ensure familiarity and compliance with the following:<br />

- Selection <strong>of</strong> Potential Suppliers (section 5)<br />

- Buyers Guide (section 14)<br />

- Standard Conditions <strong>of</strong> Contract ( Policies and conditions)<br />

- Code <strong>of</strong> Conduct (Code <strong>of</strong> Conduct)<br />

2. It is not a policy <strong>of</strong> the <strong>University</strong> to pay for goods/services in advance: please refer to<br />

paragraph 805 <strong>of</strong> Financial Regulations or contact the <strong>Purchasing</strong> Office for advice.<br />

3. When requesting quotations careful consideration should be given to the following areas:<br />

- Specification or Operational Requirements<br />

- Usage figures<br />

- Quality standards<br />

- Specified terms/conditions<br />

- Delivery requirements<br />

The UCLan standard quote form should be used to avoid any conflicting terms.<br />

4. All Supplier agreements requiring the signature <strong>of</strong> a <strong>University</strong> representative (e.g.<br />

service/rental/maintenance contracts) must be authorised by the Head <strong>of</strong> <strong>Purchasing</strong>.<br />

5. In the event <strong>of</strong> any legal, contract, or general supply dispute arising or likely to arise, advice<br />

from the <strong>Purchasing</strong> Office should be sought at the earliest opportunity. At all times, a<br />

careful record must be kept <strong>of</strong> communication with Suppliers, particularly those by<br />

telephone.<br />

27 | 9 2


10 USE OF SPECIFICATIONS<br />

PURCHASING PROCEDURES<br />

In general, a Specification is a description <strong>of</strong> the product or service required. An effective<br />

Specification should enable Suppliers to tender or quote to the <strong>University</strong> on an equal basis and<br />

must not show bias towards any one product, brand or Supplier.<br />

Specifications are more likely to be used where the purchase is <strong>of</strong> significant value (e.g. during the<br />

tender process), but can be utilised in the procurement <strong>of</strong> complex or specialised low value<br />

commodities.<br />

Guidance for the preparation <strong>of</strong> Specifications is detailed below:<br />

<br />

<br />

Drafting checklist<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

use simple language, avoid using jargon;<br />

define terms, symbols and acronyms;<br />

do not expect the specification to be read by experts; write it so that a layman will understand;<br />

use a logical structure;<br />

be as concise as possible, but keep the meaning clear;<br />

plan and analyse your needs;<br />

arrange the components <strong>of</strong> the requirement into a logical form matching the evaluation model;<br />

(a good way <strong>of</strong> doing this is to set out a skeleton structure with the main headings and then add<br />

in sub-headings as necessary;)<br />

do not embed requirements in background information - suppliers may miss them - keep<br />

requirements in their own sections;<br />

list the most important elements <strong>of</strong> the requirement first and work through to the least<br />

important; and<br />

discuss the requirement with colleagues, other users and procurement staff. During this<br />

process you may also identify other topics you need to include.<br />

endeavour to reduce costs, and increase effectiveness and efficiency to contribute to VFM<br />

endeavour to improve our carbon footprint by considering more environmentally friendly<br />

methods <strong>of</strong> production/servicing etc.<br />

Review checklist<br />

A good specification should:<br />

<br />

<br />

<br />

state the requirement specification completely, clearly, concisely, logically and<br />

unambiguously;<br />

focus on outputs not how they are to be met;<br />

contain enough information for potential suppliers to decide and cost the goods or services<br />

28 | 92


they will <strong>of</strong>fer, or in the case <strong>of</strong> negotiated route arrive at realistic budgetary costs;<br />

permit <strong>of</strong>fered goods or services to be evaluated against defined criteria by examination, trial,<br />

test or documentation;<br />

state the criteria for acceptance by examination, trial, test or documentation;<br />

contain only the essential features or characteristics <strong>of</strong> the requirement;<br />

provide equal opportunity for all potential suppliers to <strong>of</strong>fer a product or service which<br />

satisfies the needs <strong>of</strong> the user and which may incorporate alternative technical solutions; and<br />

comply with any legal obligations e.g. under UK law, the EEC Treaty, an EC Directive or the<br />

GATT Agreement on Government procurement.<br />

A good specification should not:<br />

<br />

<br />

over-specify requirements;<br />

contain features that directly or indirectly discriminate in favour <strong>of</strong>, or against, any supplier,<br />

product, process or source. Discrimination on grounds <strong>of</strong> nationality is illegal in the EC,<br />

contrary to the GATT Agreement, where applicable, and may not achieve value for money.<br />

Leading Edge Technology<br />

<br />

<br />

Where equipment is specified at or near the leading edge <strong>of</strong> technology, it is common for the<br />

specification to be developed in conjunction with one or more suppliers. It is important that<br />

this process does not result in a specification which is so detailed as to eliminate any<br />

effective competition. The focus should be on what the department or research project needs<br />

rather than specifying what the supplier can supply. The approach should be to specify<br />

performance rather than technical details. In the latter case, there is the risk that the final<br />

product will be technically superb but does not do what is required.<br />

In discussing specifications with suppliers it is essential that no commitment is entered into<br />

prior to seeking tenders and quotations.<br />

Include “Extras”<br />

Consider specifying what is wanted on the basis that everything is negotiable. The specification<br />

could include:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

provision for on-site tests, and pre-negotiation trials if these are desirable;<br />

a price which is fixed and firm, irrespective <strong>of</strong> inflation or exchange rate fluctuations;<br />

free delivery, installation and commissioning;<br />

maintenance cover for however long the department needs it;<br />

escrow agreement for s<strong>of</strong>tware purchases<br />

the price <strong>of</strong> consumables;<br />

details <strong>of</strong> spare parts availability for the life <strong>of</strong> the equipment, together with contractual<br />

notification before the supplier ceases manufacture <strong>of</strong> spare parts;<br />

handbooks with full maintenance instructions, including circuit diagrams;<br />

training.<br />

29 | 92


PURCHASING PROCEDURES<br />

11 CONTRACTS<br />

All formal contracts must be authorised by the Group Executive Director <strong>of</strong> Finance, usually by the<br />

signing <strong>of</strong> Supplier documentation or Contract Award Forms.<br />

Contracts will <strong>of</strong>ten take the form <strong>of</strong> 'standing <strong>of</strong>fers', i.e. a firm price quotation which remains open<br />

for a specified period (usually 12 months), so that Purchase Orders can be placed against the<br />

standing <strong>of</strong>fer as need arises. The Suppliers' prices are usually based on the <strong>University</strong>'s 'best<br />

estimate' <strong>of</strong> usage.<br />

Once a contract or standing <strong>of</strong>fer is in place, User Departments must ensure that those goods<br />

or services are not purchased elsewhere, since the <strong>University</strong> will normally have entered into a<br />

legal agreement for exclusive business with the contracted Supplier.<br />

Minor or temporary price advantages are occasionally <strong>of</strong>fered to User Departments from other<br />

Suppliers. These should be advised to the <strong>Purchasing</strong> Office but not taken advantage <strong>of</strong>, since they<br />

would normally jeopardise greater advantages from the established Supplier.<br />

Contracts or standing <strong>of</strong>fers should be placed for a period appropriate to the value and effort<br />

involved in their award process. The <strong>Purchasing</strong> Office can give advice regarding this issue.<br />

Contracts/supply arrangements should be subject to regular review and a note <strong>of</strong> the review retained<br />

on the contract file held in the <strong>Purchasing</strong> Office.<br />

30 | 9 2


12 PURCHASING CONSORTIUM<br />

PURCHASING PROCEDURES<br />

The <strong>University</strong> <strong>of</strong> <strong>Central</strong> <strong>Lancashire</strong> is a member <strong>of</strong> the North Western Universities <strong>Purchasing</strong><br />

Consortium (NWUPC).<br />

The Consortium consists <strong>of</strong> a number <strong>of</strong> commodity/service based user groups, representing most<br />

<strong>University</strong> or Higher Education institutions in the North West <strong>of</strong> England and North Wales.<br />

The Commodity Groups are:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Admin & Pr<strong>of</strong>essional Services<br />

Laboratory Supplies<br />

Estates<br />

Computer Supplies/Equipment<br />

Catering<br />

Domestic Supplies & Services<br />

Stationery & Office Equipment<br />

Furniture & S<strong>of</strong>t Furnishings<br />

Audio-Visual Equipment<br />

Telecommunications<br />

Advantages <strong>of</strong> membership <strong>of</strong> the Consortium are:<br />

- increased value for money because <strong>of</strong> bulk purchasing power;<br />

- consistency <strong>of</strong> supply arrangements within the sector;<br />

- 'networking' <strong>of</strong> best practices within user Departments;<br />

- administration resource savings due to unnecessary tender or quotation exercises.<br />

The Head <strong>of</strong> <strong>Purchasing</strong> shall make recommendations to the Group Executive Director <strong>of</strong> Finance<br />

for purchases in excess <strong>of</strong> £50,000 where a Consortium supply arrangement exists, in order to<br />

maximise value for money.<br />

Details <strong>of</strong> Consortium contracts or supply arrangements are included in the <strong>Purchasing</strong> Buyers<br />

Guide.<br />

As a member, UCLan will encourage the consortium to incorporate issues detailed in the<br />

<strong>University</strong>‟s Sustainable Development Procurement Procedure in future contracts.<br />

Further information relating to the Consortium appears on the website at North Western<br />

Universities <strong>Purchasing</strong> Consortium<br />

31 | 9 2


PURCHASING PROCEDURES<br />

13 BUYERS GUIDE<br />

The <strong>Purchasing</strong> Office has a Buyers Guide on the <strong>Purchasing</strong> Web site with a listing <strong>of</strong> all current<br />

contracts or supply arrangements ( Buyers guide)<br />

The Guide covers a large proportion <strong>of</strong> goods and services purchased by the <strong>University</strong>. Where any<br />

necessary or regular items are purchased but not contained within the Guide, please advise the<br />

<strong>Purchasing</strong> Office.<br />

Standard Items and Contracts<br />

As defined in the Buyers Guide (and detailed in Financial Regulations paragraph 701). These are<br />

items normally used and purchased by all user Departments although some items are ordered via<br />

Facilities Management.<br />

The <strong>Purchasing</strong> Office will update the web page (additions, new contract details, etc.) to ensure that<br />

the Guide remains current.<br />

32 | 9 2


14 LEAD PURCHASER’S GROUP<br />

PURCHASING PROCEDURES<br />

An informal Group - established by the Group Executive Director <strong>of</strong> Finance - seeks to include all<br />

those staff who have departmental purchasing responsibilities.<br />

The Group meets on a regular basis, and the role <strong>of</strong> the Group is to:<br />

- maintain compliance with all aspects <strong>of</strong> the <strong>University</strong>'s <strong>Purchasing</strong><br />

Policy, Strategy, and Procedures;<br />

- identify and address operational issues relating to the purchasing process;<br />

- discuss and measure Suppliers performance;<br />

- help identify areas for standardisation or new contracts;<br />

- discuss and measure <strong>Purchasing</strong> Office's performance;<br />

- maintain a fully informed and consistent approach to purchasing activity<br />

within the <strong>University</strong>.<br />

<strong>Purchasing</strong> Office staff are members <strong>of</strong> the Group, and provide Departmental Lead Purchasers with<br />

any necessary guidance and assistance in areas such as contract compliance and purchasing<br />

<strong>procedures</strong>.<br />

The <strong>University</strong> has established a <strong>Purchasing</strong> Strategy, and the Lead Purchasers Group is a focus<br />

point for the implementation <strong>of</strong> any actions/<strong>procedures</strong> deemed necessary by the strategy.<br />

33 | 9 2


15 FINANCIAL HEALTH CHECKS<br />

PURCHASING PROCEDURES<br />

The <strong>Purchasing</strong> Office has the responsibility <strong>of</strong> carrying our financial appraisals on new and<br />

existing suppliers.<br />

Financial appraisals will take the form <strong>of</strong> a credit report and / or can be extracted from the Suppliers<br />

audited accounts.<br />

<strong>Purchasing</strong> together with Financial Services will then provide interpretations and advise to the user<br />

department/requester.<br />

Although credit reports and audited accounts provide a good indication <strong>of</strong> Suppliers financial status<br />

or „health‟, care must always be taken as the information can be up to 12 months out <strong>of</strong> date.<br />

Due to the diversity and volume <strong>of</strong> <strong>University</strong> business it is not appropriate to carry out financial<br />

appraisals on all Suppliers – this will depend on the contract value but is mandatory for all new<br />

purchases / contracts that have been through the tender process.<br />

34 | 9 2


16 SUPPLIER APPRAISAL<br />

PURCHASING PROCEDURES<br />

It is an objective <strong>of</strong> the <strong>University</strong> to continually improve the quality <strong>of</strong> goods and services<br />

delivered into the <strong>University</strong> by external suppliers.<br />

Any problems arising with the supply <strong>of</strong> goods and services should always be notified to the<br />

<strong>Purchasing</strong> Office immediately to ensure they are dealt with promptly and are not allowed to<br />

escalate. Staff in the <strong>Purchasing</strong> <strong>of</strong>fice are skilled in dealing with suppliers and should always be<br />

involved in any discussions that take place.<br />

Supplier performance on <strong>University</strong> contracts are regularly reviewed through the Contract<br />

Monitoring process. Where appropriate, contracted suppliers will attend regular review meetings<br />

throughout the life <strong>of</strong> the contract. The timings <strong>of</strong> the meetings will depend on the type <strong>of</strong> contract,<br />

frequency <strong>of</strong> issues etc. and will be decided between the <strong>Purchasing</strong> Office, the user department and<br />

the Supplier. Meetings may include discussions regarding the supplier‟s performance and adherence<br />

to the service Level Agreement / contract terms.<br />

35 | 9 2


17 APPROVED SUPPLIERS<br />

PURCHASING PROCEDURES<br />

1. Approved Suppliers<br />

An approved supplier is one who has been authorised by the Head <strong>of</strong> <strong>Purchasing</strong> to supply<br />

goods and/or services in accordance with <strong>Purchasing</strong> Procedures; Selection <strong>of</strong> Potential<br />

Suppliers (section 5) and Dealing with Suppliers (section 9).<br />

<strong>University</strong> personnel are required to utilise the existing Supplier base for the supply <strong>of</strong> goods<br />

and services. In considering a variation <strong>of</strong> supply a user must indicate their intention before<br />

placing an order by completion <strong>of</strong> New supplier form. The <strong>Purchasing</strong> Office will then<br />

consider the requirements <strong>of</strong> the user, evaluate the supplier and will confirm their decision<br />

within TWO working days. The <strong>Purchasing</strong> Office will then inform the Creditors Office<br />

within Financial Services <strong>of</strong> their decision by authorising the Application.<br />

Purchase Orders must not be placed with Suppliers until approved by the <strong>Purchasing</strong><br />

Office. If the user has already placed an order they must be considered in breach <strong>of</strong><br />

Financial Regulations.<br />

Where invoice documents have been processed directly to the Creditors <strong>of</strong>fice they will<br />

verify if the supplier exists as an Approved Supplier. If the Supplier does not exist the<br />

document will be returned to the budget holder. As the user will be considered in breach <strong>of</strong><br />

Financial Regulations the Head <strong>of</strong> <strong>Purchasing</strong> will consider any further action to be taken.<br />

User concerns/problems should be directed in the first instance to the <strong>Purchasing</strong> Office. The<br />

<strong>Purchasing</strong> Office will be responsible for maintaining the Supplier database on Agresso.<br />

The payment <strong>of</strong> Approved Suppliers shall be in accordance with the Creditor Payment<br />

Business Rules. The <strong>Purchasing</strong> Office can negotiate special terms subject to the cash flow<br />

requirements <strong>of</strong> the <strong>University</strong> Group Treasury <strong>of</strong>fice to ensure the availability <strong>of</strong> funds.<br />

Special payment terms must then be communicated to the Creditors <strong>of</strong>fice before the invoice<br />

is received.<br />

36 | 9 2


18 PURCHASING CARDS<br />

PURCHASING PROCEDURES<br />

1. Overview<br />

2. Procedures and Regulations<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Requesting a <strong>Purchasing</strong> Card<br />

Card transaction limits and limitations<br />

Ordering <strong>of</strong> goods/services by <strong>Purchasing</strong> Card<br />

Receiving goods<br />

Payment <strong>of</strong> goods<br />

Disputes and queries<br />

Security<br />

Contacts<br />

APPENDICES<br />

A. Flowcharts: -<br />

A.1.<br />

A.2.<br />

A.3.<br />

A.4.<br />

A.5.<br />

<strong>Purchasing</strong> goods via a <strong>Purchasing</strong> Card<br />

Problems with the supply <strong>of</strong> goods.<br />

Dealing with the <strong>Purchasing</strong> Card statement<br />

Dealing with the Transaction Log (optional)<br />

Checking <strong>of</strong> VAT invoices.<br />

B. Quick Reference Guide for Internet Transactions<br />

C. Purchase Card Transaction Log (optional)<br />

37 | 9 2


1. Overview<br />

The introduction <strong>of</strong> the <strong>Purchasing</strong> Card is to utilise an alternative method <strong>of</strong> ordering and<br />

payment <strong>of</strong> goods/services that are <strong>of</strong> relatively low value and not in regular repeat demand<br />

but, nevertheless, create a high volume <strong>of</strong> transaction requirements.<br />

Added value projections will be determined by speeding up the acquisition process without<br />

diluting management and budgetary control and should reduce invoice processing and<br />

creditor activity.<br />

The <strong>Purchasing</strong> Card looks like any normal credit card but embossed on the card will be: -<br />

the <strong>University</strong>‟s name,<br />

the cardholder‟s name,<br />

the expiry date,<br />

the card number – on reverse <strong>of</strong> card a 3-digit security number<br />

(also an individual pin number will be supplied)<br />

When the approval to issue a <strong>Purchasing</strong> Card is granted, the <strong>Purchasing</strong> Office will retain<br />

the card and the cardholder will be advised <strong>of</strong> its number and expiry date but not the pin<br />

number. The pin numbers will be kept sealed, in the safe <strong>of</strong> the Cashiers Office.<br />

On those occasions when the cards are required for „point <strong>of</strong> sale‟ transactions, they will have<br />

to be collected from, and returned to The <strong>Purchasing</strong> Office. The pin number will be given to<br />

the card holder which they must then memorize as the <strong>Purchasing</strong> Office has no<br />

responsibility for this once the number has been given to the card holder.<br />

Procedures and regulations for the use <strong>of</strong> the <strong>Purchasing</strong> Card and its limitations are<br />

contained in the following procedure and guidance notes.<br />

The <strong>Purchasing</strong> Office will provide the details <strong>of</strong> all cardholders to SMT on a quarterly<br />

basis. All cardholders will be subject to Financial Regulations <strong>of</strong> the <strong>University</strong> <strong>of</strong><br />

<strong>Central</strong> <strong>Lancashire</strong> and the following <strong>procedures</strong> and regulations will form part <strong>of</strong><br />

these Financial Regulations. Failure to adhere to these regulations may result in<br />

disciplinary action and cancellation <strong>of</strong> the card.<br />

38 | 9 2


2. Procedures and Regulations<br />

2.1 Requesting a <strong>Purchasing</strong> Card<br />

All applications for use and ownership <strong>of</strong> a <strong>Purchasing</strong> Card will be requested by<br />

the completion <strong>of</strong> the Authorised Signatory / Budget Access Form and authorised by<br />

the Head <strong>of</strong> <strong>Purchasing</strong> and Group Executive Director <strong>of</strong> Finance.<br />

Cardholders will be staff responsible for ordering goods and services for their<br />

department. If they are not also the budget holder, this person must approve the<br />

application.<br />

The Head <strong>of</strong> <strong>Purchasing</strong> will arrange for the completion <strong>of</strong> the Organisation‟s<br />

application form<br />

Card holders will -<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Complete the Cardholder section <strong>of</strong> the application form.<br />

Provide to the Head <strong>of</strong> <strong>Purchasing</strong> a nominated project code for the creation<br />

and setting up <strong>of</strong> the account in the Financial Services department.<br />

Not disclose the card number and expiry date and pin number to any other<br />

person (other than the budget holder)<br />

Agree and abide by the limits and limitations applicable.<br />

Not use the card for personal use.<br />

Agree to the completion and timely input <strong>of</strong> transactions onto Agresso<br />

(optional Purchase Card Transaction Log – see Appendix C) and the<br />

retention <strong>of</strong> all related receipts for a period <strong>of</strong> 7 years after the date <strong>of</strong><br />

purchase.<br />

Inform the <strong>Purchasing</strong> Office immediately if they are due to leave the<br />

<strong>University</strong> or move to another role.<br />

2.2 Card Transaction Limits and Limitations.<br />

<br />

<br />

.<br />

Each cardholder will have a standard transaction limit <strong>of</strong> £1000 (inclusive <strong>of</strong> VAT)<br />

and a monthly credit limit <strong>of</strong> £5000 (inclusive <strong>of</strong> VAT). In certain circumstances this<br />

can be increased by application to the Head <strong>of</strong> <strong>Purchasing</strong> and it can be set at a lower<br />

level if required by the budget holder.<br />

This limit should match the authorised signatory limit for the applicant. If this is not<br />

the case, the authorised limit should be amended prior to proceeding with the credit<br />

card application.<br />

39 | 9 2


Cards cannot be used for obtaining cash or acting as cheque guarantee cards to<br />

personal cheques.<br />

Cardholders must only use the Purchase Card when incurring expenses in the pursuit<br />

<strong>of</strong> <strong>University</strong> business. Any misappropriation <strong>of</strong> <strong>University</strong> funds will be treated as<br />

gross misconduct.<br />

Any unauthorised or fraudulent use <strong>of</strong> the card will result in disciplinary action being<br />

taken.<br />

2.3 Ordering <strong>of</strong> Goods by Card<br />

Ensure the proposed transaction complies with the <strong>Purchasing</strong> Card usage criteria<br />

and the seller will accept the card.<br />

Confirm credit available by checking current transaction log or account 6504 on<br />

Agresso. If there is insufficient credit left on the card and the purchase cannot wait<br />

until the following month, contact the <strong>Purchasing</strong> Office to request a temporary<br />

increase<br />

When approved by the budget holder, place order by telephone/e-mail/fax quoting<br />

card number and expiry date. Confirm costs/prices and delivery date.<br />

Request that a VAT receipt is sent with the transaction voucher and goods advice<br />

note.<br />

Enter transaction details onto Agresso (credit entry to 6504) and also complete the<br />

Purchase Card Transaction Log (optional) immediately following completion <strong>of</strong><br />

purchase. Completing a <strong>Purchasing</strong> Card Transaction Log is now optional.<br />

If completing the log, identify the account code per transaction.<br />

2.4 Receipt <strong>of</strong> Goods<br />

Check satisfactory receipt <strong>of</strong> goods ordered.<br />

Ensure VAT receipt is enclosed with the transaction voucher and that the price<br />

details are correct.<br />

Enter receipt details on Purchase Card Transaction Log (Optional).<br />

File the VAT receipt, awaiting <strong>Purchasing</strong> Card statement.<br />

40 | 9 2


2.5 Payment <strong>of</strong> Goods/Services ordered by <strong>Purchasing</strong> Card.<br />

Financial Services to post Purchase Card Statement balances to nominated project<br />

code on account code 6504 each month when statements are received.<br />

Check statement received with Agresso by running an enquiry on your nominated<br />

project code and account code 6504. If you have completed a Purchase Card<br />

Transaction Log you can also use the log to help check your statement.<br />

Ensure VAT receipts are available and are correct.<br />

Ensure project code and account code for each transaction is correct.<br />

If the Purchase Card Transaction Log has been completed, obtain authorisation by<br />

the Line Manager (authorising manager) for the project code detailed. Or you can<br />

ask for the statement to be authorized.<br />

Reconcile the entries on the card statement to Agresso- making any amendments as<br />

necessary<br />

Attach relevant VAT receipts and statement to back <strong>of</strong> Purchase Card Transaction<br />

Log or the Statement and file in month order.<br />

Retain all documentation and store in a secure location: the Purchase Card Log,<br />

Statement and back up documentation are prime documents and must be retained for<br />

a period <strong>of</strong> seven years.<br />

Financial Services to check the nominal ledger on a monthly basis to ensure all<br />

cardholder‟s accounts are being cleared regularly.<br />

In addition Financial Services to conduct ad-hoc audits to review transactions and<br />

check that all required back up documentation has been retained and filed in<br />

monthly order.<br />

2.6. Disputes and Queries<br />

Initially disputes and queries should be taken up with the seller (supplier) by the<br />

cardholder, who should keep a record <strong>of</strong> the details <strong>of</strong> the dispute/query and contacts<br />

made with the seller.<br />

When credits are due, the seller should be asked to raise refund vouchers together<br />

with VAT credit receipts if applicable and the cardholder should ensure that these<br />

credits appear on subsequent statements.<br />

41 | 9 2


In the event <strong>of</strong> non-settled disputes and queries the <strong>Purchasing</strong> Card company will<br />

intervene.<br />

When this situation arises, contact The <strong>Purchasing</strong> Office who will advise on<br />

contacts and procedure.<br />

2.7 Security<br />

Cardholders only will be notified <strong>of</strong> the card number and expiry date and when<br />

necessary the pin number, and will not disclose this to any other person other<br />

than the budget holder.<br />

The <strong>Purchasing</strong> Office will retain signed cards.<br />

Pin numbers will be kept in the safe in the Cashiers Office.<br />

For „point <strong>of</strong> sale‟ requirements, cards will have to be collected from, and returned<br />

to, the <strong>Purchasing</strong> Office by the cardholder.<br />

In the event <strong>of</strong> cards becoming lost or stolen (when out for „point <strong>of</strong> sale purchases),<br />

or suspected and reported fraudulent use, the matter must be advised immediately to<br />

the <strong>Purchasing</strong> Office who will arrange for the account to be „suspended‟.<br />

If the card holder no longer requires the card, has obtained a replacement or will be<br />

leaving the <strong>University</strong> employment, the card must be destroyed and <strong>Purchasing</strong><br />

Office informed immediately. If the card is lost/stolen the cardholder should contact<br />

Barclaycard directly to arrange for the card to be deactivated and contact the<br />

<strong>Purchasing</strong> Office for a replacement to be issued.<br />

<br />

<br />

To prevent card details being accessed by unauthorized persons, card transaction<br />

receipt details should be retained in a secure place at all times.<br />

When destroying back up transactions details care must be taken to ensure papers are<br />

shredded or put in confidential waste bins.<br />

2.8 Best Practice <strong>Purchasing</strong> over the Internet<br />

“Company Barclaycard guarantee against unauthorised transactions”<br />

When you buy online with Company Barclaycard you are not liable for unauthorised<br />

transactions. In the unusual event that unauthorised transactions do occur on your account,<br />

they will immediately suspend and investigate them for you. Whatever happens, you won‟t<br />

have to pay for transactions you didn‟t make.<br />

42 | 9 2


2.8.1 Take care <strong>of</strong> your card details online<br />

Secure sites will start with https, not http. Secure sites have an added encrypted<br />

transaction layer. Other security systems include Secure Socket Layer (SSL), Secure<br />

Electronic Transaction (SET) and HyperText Protocol Secure (HTTPS). Use these<br />

whenever possible. Refer to section 2.8.6 for how to check if a website is secure.<br />

2.8.2 Get to know a company before you buy<br />

If you're not familiar with a supplier, it's a good idea to contact them first and ask for<br />

some company background before you buy. Are the company‟s registered details<br />

displayed on the home page? Is there some form <strong>of</strong> accreditation which can be<br />

verified, e.g. Which? If you are unsure don‟t buy!<br />

Contact the Internet Fraud Watch (www.fraud.org) to check out merchants first<br />

2.8.3 Be aware <strong>of</strong> private sellers<br />

Members <strong>of</strong> the public <strong>of</strong>ten use classified ads and auctions to sell online. Most<br />

people are perfectly honest. However, if you do have any problems, your legal rights<br />

may not be the same as they would be if you were dealing with a business. So always<br />

make sure you know who you're buying from - then you can make an informed<br />

choice.<br />

2.8.4 Keep your passwords secret<br />

If you register with a particular site, you'll be asked to enter a user name and<br />

password. Keep your passwords completely secret - the same way, as you would look<br />

after your personal debit / credit card PIN number.<br />

2.8.5 Read the delivery and returns policy before you buy<br />

Read the delivery and return policies on the merchant‟s home page before completing<br />

an on-line transaction. Check you can return any unsatisfactory items and whether<br />

you will get a refund or a merchant credit. The website ideally should also cover<br />

delivery methods, delivery cost, currency accepted, taxes applied, return and refund<br />

policy, and a contact telephone number or e-mail address.<br />

2.8.6 Check for a secure connection before you enter your Company Barclaycard<br />

details<br />

First, make sure that you're using a secure browser<br />

43 | 9 2


Your browser is the piece <strong>of</strong> s<strong>of</strong>tware that enables your computer to access the World Wide<br />

Web. (You probably know that already, but not everyone does!)<br />

A secure browser such as Micros<strong>of</strong>t Internet Explorer version 4.0 or later will show you<br />

whether or not the web site you are visiting is secure. Internet Explorer uses the padlock<br />

symbols below.<br />

A broken padlock = unprotected<br />

An intact padlock = secure<br />

These browsers also scramble your personal data before sending it, so no one else can read it.<br />

Next, check the web site address<br />

A secure site will <strong>of</strong>ten have https:// at the beginning instead <strong>of</strong> http:// (The 's' stands for<br />

secure). Never send your card details by e-mail i.e. if the address starts mailto.<br />

Secure<br />

Unsecure<br />

Again, if the web site gives you the option <strong>of</strong> using a secure checkout - say yes!<br />

Ensure that a single browser window is open when submitting the data.<br />

2.8.7 Save a record <strong>of</strong> your transactions<br />

Just as you save till receipts in case you need to return or exchange something, you need to<br />

keep a record <strong>of</strong> all online transactions too.<br />

Print and save a copy <strong>of</strong> your completed order form and your order confirmation. Most<br />

reputable suppliers will e-mail you with an order confirmation within 24 hours. Always keep<br />

a record <strong>of</strong> the website address.<br />

Remember to update your transaction log and refer to your company <strong>procedures</strong>.<br />

2.8.8 Inspect your goods carefully<br />

When you take delivery <strong>of</strong> goods you buy online, be sure to check that they're exactly<br />

what you ordered. If you're unhappy with the quality, or have any other problem, first<br />

44 | 9 2


contact the supplier direct. If you have any difficulty resolving the query with the<br />

supplier, then contact your card administrator for guidance. If, in the unlikely event<br />

you are in dispute with your supplier, please contact Company Barclaycard Customer<br />

Service 08448 222 100.<br />

2.8.9 Check your statement<br />

Check the items on your monthly statement as soon as you receive it against your<br />

saved receipts and Purchase Card Transaction Log (which is now optional). If there<br />

are items on your statement that you don't recognise call Company Barclaycard<br />

Customer Service 08448 222 100.<br />

2.9 Online access<br />

All cardholders have the facility to access their accounts online and the <strong>Purchasing</strong><br />

Office encourages this as it helps to reduce fraud and enables cardholders to view<br />

their statements, transactions and remaining credit. Statements can be printed from the<br />

website and this assists in reconciling accounts – vital at year end. Registration details<br />

available from the <strong>Purchasing</strong> Office and details are on the <strong>Purchasing</strong> Office website.<br />

2.10 Contacts<br />

Name Department Telephone<br />

Number<br />

Leanne Horton Head <strong>of</strong> <strong>Purchasing</strong> 2220<br />

Alison Thomas<br />

Ana Maria Pinon<br />

<strong>Purchasing</strong> Office 2221<br />

2223<br />

Customer Services Company Barclaycard 08448 222 150<br />

45 | 9 2


APPENDIX A (Flow Charts)<br />

A.1 <strong>Purchasing</strong> Goods via <strong>Purchasing</strong> Card<br />

Cardholder identifies purchasing requirement<br />

<br />

Purchase authorised by budget holder<br />

<br />

Transaction log or account 6504 checked to confirm credit available<br />

(if not and purchase urgent, limit may be increased temporarily by<br />

<strong>Purchasing</strong> Office)<br />

<br />

Proceed to order goods from supplier by phone/fax / web quoting all<br />

relevant numbers and confirming with the supplier the amount <strong>of</strong> the<br />

transaction. The transaction voucher is sent with the VAT receipt<br />

and the goods advice note, which is dispatched with the goods.<br />

Both item to be addressed to the cardholder and marked “Paid by<br />

<strong>Purchasing</strong> Card”<br />

<br />

Input details onto Agresso and (optional) update Purchase Card<br />

Transaction Log with all purchase details.<br />

Posting a Purchase Card Transaction<br />

<br />

Goods/service received - including VAT receipt<br />

<br />

Goods/service checked and reconciled to requirements<br />

<br />

Receive and verify monthly <strong>Purchasing</strong> Card statement<br />

(follow procedure A.3)<br />

46 | 9 2


A.2.<br />

Problems with Supply <strong>of</strong> Goods<br />

Responsibility <strong>of</strong> the Cardholder<br />

Immediately contact supplier requesting a refund voucher be put through the<br />

<strong>Purchasing</strong> Card Company and a VAT credit note<br />

<br />

<br />

Does the supplier agree to issue a credit?<br />

<br />

YES<br />

NO<br />

Detail on the Statement or (optional)<br />

Purchase Card Transaction Log and<br />

await receipt <strong>of</strong> credit.<br />

Pursue with supplier until agreement is<br />

reached or<br />

Contact Barclaycard with<br />

complaint/problem<br />

<br />

On receipt <strong>of</strong> statement check<br />

credit has been included and update account on Agresso<br />

<br />

If credit has not been received, contact supplier to find out when the refund voucher<br />

was processed<br />

NOTE:<br />

If you experience difficulty in obtaining a credit after following<br />

these <strong>procedures</strong> please contact the Head <strong>of</strong> <strong>Purchasing</strong>.<br />

Online access is now available for all cardholders – contact<br />

<strong>Purchasing</strong> for details<br />

47 | 9 2


A.3.<br />

Dealing with the <strong>Purchasing</strong> Card Statement<br />

Responsibility <strong>of</strong> the Cardholder<br />

On receipt <strong>of</strong> the statement, do you have all the VAT invoices?<br />

YES<br />

NO<br />

<br />

Check the details on the statement are the<br />

same as invoice details and the entries<br />

made on Agresso and (Optional)<br />

Purchase Card Transaction Log sheet<br />

<br />

<br />

Contact the supplier<br />

and request a copy<br />

invoice<br />

<br />

Await copy invoice<br />

<br />

Do the entries on Agresso and (optional) Purchase Card<br />

Transaction Log correspond to the statement?<br />

<br />

YES<br />

NO<br />

<br />

<br />

If discrepancy due to dates, carry<br />

forward the outstanding<br />

transactions to the following<br />

month<br />

If credit required, contact<br />

supplier or <strong>Purchasing</strong> Office<br />

<br />

Are the <strong>Purchasing</strong> Card company statement details correct?<br />

YES<br />

<br />

NO<br />

<br />

<br />

Raise query with Barclaycard<br />

and advise <strong>Purchasing</strong> Office.<br />

Proceed with next step when<br />

queries resolved<br />

<br />

Obtain authorization from budget holder to sign and date the<br />

Statement and (Optional) the Purchase Card Transaction Log<br />

<br />

Attach all invoices and (Optional) copy <strong>of</strong> the Purchase Card<br />

Transaction Log or Agresso printout <strong>of</strong> 6504 to statement<br />

48 | 9 2


A.4.<br />

Dealing with the Purchase Card Transaction Log (now Optional)<br />

Responsibility <strong>of</strong> the Cardholder<br />

On the face <strong>of</strong> your log sheet, enter the following:<br />

Name - Staff Number<br />

Department and Location<br />

Phone Number<br />

<br />

Enter each individual transaction detail onto the log as soon<br />

as purchase completed and has been entered on Agresso<br />

<br />

Make sure you get a receipt/invoice for each transaction<br />

review weekly - chase suppliers for invoices not received<br />

<br />

Check invoice details against log details<br />

<br />

Put receipt/invoice into the log envelope and await receipt <strong>of</strong><br />

monthly statement<br />

<br />

Update the Purchase Card Transaction Log with outstanding<br />

details, process paperwork as outlined in A.1.<br />

<br />

Return any invoices that do not appear on the statement to the<br />

log file and await the next statement<br />

Further information re posting the Purchase Card Transaction<br />

Log details onto Agresso can be found at:<br />

Posting a Purchase Card Transaction<br />

49 | 9 2


A.5 Checking <strong>of</strong> the VAT Invoice<br />

Responsibility <strong>of</strong> the Cardholder<br />

On receipt <strong>of</strong> the invoice - is the following correct?<br />

<br />

YES<br />

Items<br />

Quantity<br />

Price<br />

<br />

NO<br />

Attach invoice to, and update, (Optional)<br />

the<br />

Purchase Card Transaction Log.<br />

Immediately<br />

contact supplier<br />

requesting a<br />

refund voucher<br />

be put through<br />

the <strong>Purchasing</strong><br />

Card company<br />

AND a VAT<br />

credit note<br />

50 | 9 2


APPENDIX B<br />

Quick Reference Guide for Internet Transactions<br />

Cardholder checks to<br />

make sure supplier<br />

has a secure site and<br />

purchases<br />

goods/services over<br />

the Internet. Enter<br />

the transaction onto<br />

Agresso and<br />

(Optional)<br />

Transaction log<br />

updated with details<br />

Supplier may<br />

acknowledge via e-<br />

mail that he has<br />

goods/services.<br />

Supplier then<br />

delivers<br />

goods/services with a<br />

receipt.<br />

Supplier processes<br />

transaction through<br />

Visa network<br />

Cardholder receives<br />

goods/services and<br />

(Optional)updates<br />

Transaction Log.<br />

Cardholder receives<br />

and checks monthly<br />

statement against<br />

(Optional) log and<br />

receipts<br />

Statement, (Optional)<br />

Transaction Log and<br />

receipts are signed<br />

<strong>of</strong>f by line manager .<br />

When you buy online with Company Barclaycard you are not liable for unauthorised<br />

transactions. In the unusual event that unauthorised transactions do occur on your account,<br />

they will immediately suspend and investigate them for you. Whatever happens, you‟ll never<br />

have to pay for transactions you did not make.<br />

51 | 9 2


APPENDIX C<br />

<strong>Purchasing</strong> Card Transaction Log<br />

52 | 9 2


19 CORPORATE CARDS<br />

PURCHASING PROCEDURES<br />

1. Overview<br />

2. Procedures and Regulations<br />

2.1 Requesting a Corporate Card<br />

2.2 Card transaction limits and limitations<br />

2.3 Ordering <strong>of</strong> goods/services by Corporate Card<br />

<br />

VAT Guidelines<br />

2.4 Receipt <strong>of</strong> goods<br />

2.5 Payment <strong>of</strong> goods/services ordered by Corporate Card<br />

2.6 Disputes and queries<br />

2.7 Security<br />

<br />

<br />

<br />

Password protection<br />

Lost/stolen cards<br />

Cards no longer required<br />

2.8 Best practice purchasing over the internet<br />

2.9 Miscellaneous questions<br />

2.10 Contacts<br />

APPENDICES<br />

A. Flowcharts: -<br />

A.1.<br />

A.2.<br />

A.3.<br />

A.4.<br />

A.5.<br />

<strong>Purchasing</strong> goods via a Corporate Card<br />

Problems with the supply <strong>of</strong> goods.<br />

Dealing with Corporate Card statement<br />

Dealing with UCLAN Transaction Log<br />

Checking <strong>of</strong> VAT invoices.<br />

53 | 9 2


B. Quick Reference Guide for Internet Transactions<br />

C. Corporate Card Transaction Log (optional)<br />

1. Overview<br />

The Corporate Card was introduced to enable frequent travellers to pay for expenses incurred<br />

whilst on <strong>University</strong> business expenses such as travel arrangements (where the Travel Office<br />

are unable to arrange credit for hotels or other expenses), entertaining guests and purchasing<br />

fuel.<br />

The <strong>University</strong> currently uses a Corporate Card issued by Company Barclaycard, which is a<br />

VISA credit card. Cards are embossed with:<br />

the <strong>University</strong>‟s name<br />

the cardholder‟s name<br />

the expiry date<br />

the card number<br />

(also supplied is an individual pin number)<br />

The Corporate Card reduces the need to request either cheque or cash advances, saving time<br />

and money and easing cash flow. It should also mean less frequent need for reimbursement<br />

via the Cashiers Office for <strong>University</strong> business expenditure. A further benefit is that the<br />

<strong>University</strong> does not have to pay immediately for the transactions undertaken and can obtain<br />

up to 33 days <strong>of</strong> interest free credit.<br />

Security is improved due to the reduction in cash handling and the fact that guarantee card<br />

payment reduces financial risk.<br />

The Card is accepted in over 400,000 UK outlets, 10 million world-wide.<br />

Cardholders benefit from free travel accident insurance where the card is used as the method<br />

<strong>of</strong> payment.<br />

Procedures and regulations for the use <strong>of</strong> the Corporate Card and its limitations are contained<br />

in the following procedure and guidance notes.<br />

The <strong>Purchasing</strong> Office will provide the details <strong>of</strong> all cardholders to SMT on a quarterly<br />

basis. All cardholders will be subject to Financial Regulations <strong>of</strong> the <strong>University</strong> <strong>of</strong><br />

<strong>Central</strong> <strong>Lancashire</strong> and the following <strong>procedures</strong> and regulations will form part <strong>of</strong><br />

these Financial Regulations. Failure to adhere to these regulations may result in<br />

disciplinary action and cancellation <strong>of</strong> the card.<br />

54 | 9 2


2. Procedures and Regulations<br />

2.1 Requesting a Corporate Card<br />

The Corporate Card is currently available to the Directorate, Senior Management Team<br />

members and frequent travellers, subject to approval from the Group Executive Director <strong>of</strong><br />

Finance.<br />

Requests for a Corporate Card should be made directly to the <strong>Purchasing</strong> Office,<br />

accompanied by an authorisation form signed by the Line Manager/Budget Holder (available<br />

from the purchasing <strong>of</strong>fice). Requests should detail the card limit you require (refer to<br />

section 2.2 for guidance). The Group Executive Director <strong>of</strong> Finance will authorise all<br />

qualifying requests. Cards usually take 14 days from the date <strong>of</strong> the card issuer receiving a<br />

correctly completed application form.<br />

The monthly limit is stipulated at the time <strong>of</strong> issue <strong>of</strong> the card but may be adjusted according<br />

to need, on the authority <strong>of</strong> the Group Executive Director <strong>of</strong> Finance.<br />

Corporate Cards are valid for two years and on expiry the Group Executive Director <strong>of</strong><br />

Finance will review the renewal.<br />

There are two card options:<br />

<br />

<br />

Gold Cards will be issued to Directorate and Deans.<br />

Silver Cards will be issued to all other parties<br />

Cardholders will -<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Complete the Cardholder application form.<br />

Complete an authorisation memo signed by the budget holder.<br />

Provide to the Head <strong>of</strong> <strong>Purchasing</strong> a nominated project code for the creation and<br />

setting up <strong>of</strong> the account in Financial Services.<br />

Ensure that the card is kept in a safe place and is used solely by themselves.<br />

Not disclose the card number and pin number and expiry date to any other person<br />

(other than when charging an expense to the card).<br />

Agree and abide by the limits and limitations applicable.<br />

Obtain an itemised invoice / receipt for each transaction, containing VAT details<br />

where applicable.<br />

Agree to the completion and timely input <strong>of</strong> transactions onto Agresso (optional<br />

Corporate Card Transaction Log see Appendix C.)<br />

55 | 9 2


Ensure that the Transaction Log (if used) and all related receipts are retained for a<br />

period <strong>of</strong> 7 years after the date <strong>of</strong> purchase.<br />

2.2 Card Transaction Limits and Limitations.<br />

The initial limit for each card is a maximum <strong>of</strong> £5000. This limit should be sufficient to<br />

cover the expenses <strong>of</strong> a two-month period. Card limits may be increased either permanently<br />

or temporarily via a written request to the Head <strong>of</strong> <strong>Purchasing</strong>. Requests should state start and<br />

end dates, required limit and the justification for the increase.<br />

In exceptional circumstances it may be necessary for members <strong>of</strong> SMT to include personal<br />

expenditure on their corporate card. In such instances;<br />

the personal expenditure should be highlighted on the statement,<br />

the amount owed should be paid into Cashiers as soon as practicable,<br />

the cardholder or their nominee should keep a copy <strong>of</strong> all records on file for audit<br />

purposes.<br />

2.3 Ordering <strong>of</strong> Goods / Services by Corporate Card<br />

Goods or services can be charged to the account either in person by presenting the card, or by<br />

phone quoting all the relevant card details such as your Name, Card Expiry Date, Card<br />

Number and sometimes your security code.<br />

Care should be taken only to quote card details to someone known to the cardholder or who<br />

can reasonably expect to be honestly engaged in business on the cardholder‟s behalf (i.e.<br />

Travel Office staff). Ensure that the right amount is charged to the account and remember<br />

that the monthly card limit must not be exceeded.<br />

The cardholder has personal responsibility to account for the use <strong>of</strong> their card. Cardholders<br />

must therefore:<br />

Ensure the proposed transaction complies with the Corporate Card procedure and<br />

the seller will accept the card.<br />

If necessary, obtain authorization from the project budget holder (if you have access<br />

to more than one project.)<br />

Order goods/service either in person, or by telephone/fax quoting card number and<br />

expiry date. Confirm costs/prices and delivery date.<br />

Ensure that you obtain an itemised invoice/receipt (including VAT details where<br />

applicable). If ordering goods this should be sent with the transaction voucher and<br />

goods advice note.<br />

Enter the transaction details onto Agresso (credit entry to 6516) and also complete<br />

the Corporate Card Transaction Log if required, immediately following completion<br />

<strong>of</strong> purchase. Completing a Corporate Card Transaction Log is now optional.<br />

56 | 9 2


2.3.1 VAT Guidelines<br />

Some expenses charged to the Corporate Card may be vatable. When charging something to<br />

the card, ask whether VAT is applicable, at what rate it is applicable, and ask for the total<br />

VAT amount and a VAT receipt. Not everything that the cardholder charges to the corporate<br />

card will be subject to VAT.<br />

Some suppliers are able to provide VAT details to VISA, who in turn provides <strong>of</strong>ficial<br />

evidence <strong>of</strong> VAT paid. If a # (hash) appears against the transaction then VAT has been<br />

captured electronically. If a # does not appear on the statement, the supplier should have<br />

provided a VAT invoice. If not, the cardholder must ask the supplier to supply a VAT<br />

invoice.<br />

Please retain all sales vouchers. Both sales vouchers and VAT receipts must be kept to<br />

substantiate any transactions made. The VAT receipts will also be used to reclaim VAT<br />

where applicable.<br />

2.4 Receipt <strong>of</strong> Goods<br />

Check satisfactory receipt <strong>of</strong> goods ordered.<br />

Ensure that an itemised invoice / VAT receipt is enclosed with the transaction<br />

voucher and that the price details are correct.<br />

Enter the transaction details on the Corporate Card Transaction Log (optional.)<br />

File the itemised invoice / VAT receipt, awaiting the Corporate Card statement.<br />

2.5 Payment <strong>of</strong> Goods/Services ordered by Corporate Card.<br />

Financial Services will post the total <strong>of</strong> each cardholder‟s Corporate Card Statement balance<br />

to a nominated project code on account code 6516 each month when statements are received.<br />

Cardholders are required to:<br />

Check the statement received with Agresso by running an enquiry on your<br />

nominated project code and account code 6516. If you have completed a Corporate<br />

Card Transaction Log you can also use the log to help check your statement.<br />

Ensure that an itemised invoice/VAT receipt has been obtained for each transaction.<br />

57 | 9 2


Ensure the correct project code, account code, resource number and any other<br />

appropriate details have been entered on the Corporate Card Transaction Log (if<br />

completed.)<br />

If completed, ensure that the Corporate Card Transaction Log is authorised by the<br />

line manager for the project code detailed, which should in all cases be a person<br />

different to the cardholder themselves, and ensure that the Log is input onto Agresso<br />

within 7 days <strong>of</strong> receipt/date <strong>of</strong> statement.<br />

Reconcile the entries on the card statement to Agresso – making any amendments as<br />

necessary<br />

Attach itemised invoices/VAT receipts (for each transaction) and statement to the<br />

back <strong>of</strong> the Corporate Card Transaction Log or Statement and file in month order.<br />

Retain all documentation and store in a secure location; the Corporate Card Log,<br />

Statement and back up documentation are prime documents and must be retained<br />

for a period <strong>of</strong> seven years.<br />

Financial Services will check the accounting system on a monthly basis to ensure<br />

that all cardholder‟s transactions are being input.<br />

Financial Services will conduct regular audits to ensure that Corporate Card<br />

Transaction Logs have been correctly completed and that all required back up<br />

documentation has been obtained and filed.<br />

2.6. Disputes and Queries<br />

<br />

<br />

<br />

Initially disputes and queries should be taken up with the seller (supplier) by the<br />

cardholder, who should keep a record <strong>of</strong> the details <strong>of</strong> the dispute/query and contacts<br />

made with the seller.<br />

When a credit is due, the seller should be asked to raise a refund voucher together<br />

with a VAT credit receipt if applicable and the cardholder should ensure that these<br />

credits appear on subsequent statements. The credit should also be detailed on the<br />

Corporate Card Transaction Log in order for the Log to reconcile exactly with the<br />

value <strong>of</strong> the statement.<br />

In the event <strong>of</strong> non-settled disputes and queries the Corporate Card company will<br />

intervene (see 2.10 Contacts). If you receive an inadequate response contact the<br />

<strong>Purchasing</strong> Office. However, please do not cross out any <strong>of</strong> the transactions<br />

concerned on the queried statement; the <strong>University</strong> must pay promptly to avoid<br />

interest charges and, therefore, payment cannot be delayed pending any such credits<br />

or dispute resolution.<br />

It is the cardholder‟s responsibility to ensure that their statements are correct.<br />

58 | 9 2


2.7 Security<br />

Company Barclaycard will only issue cards after they receive an application form authorised<br />

by relevant <strong>University</strong> personnel, including the cardholder. The Head <strong>of</strong> <strong>Purchasing</strong> is the<br />

authorised signatory for the card agreement. Where an application requires two signatures,<br />

i.e. for a limit >£5000, then a member <strong>of</strong> Financial Services who is named on the bank<br />

mandate (Head <strong>of</strong> <strong>Purchasing</strong> or Group Executive Director <strong>of</strong> Finance) will also sign.<br />

Corporate Cards are posted to the <strong>Purchasing</strong> Office who will then contact the cardholder to<br />

advise them that the card is available for collection.<br />

On collection <strong>of</strong> the card, the cardholder must sign to confirm receipt and sign their card in<br />

front <strong>of</strong> the <strong>Purchasing</strong> Office member <strong>of</strong> staff issuing the card and be supplied with their pin<br />

number.<br />

2.7.1 Password Protection<br />

Whilst making a transaction a security number may be required, this is on the reverse <strong>of</strong> the<br />

card. A password will also have been entered on the application form and as such will only<br />

be viewed by the cardholder, the Group Executive Director <strong>of</strong> Finance, the <strong>Purchasing</strong> Office<br />

and Company Barclaycard employees.<br />

2.7.2 Lost / Stolen Cards<br />

In the event <strong>of</strong> cards becoming lost or stolen, or suspected and reported fraudulent use, the<br />

cardholder should contact Company Barclaycard immediately to arrange for the card to be<br />

deactivated and for a replacement to be issued. The cardholder should then advise the<br />

<strong>Purchasing</strong> Office.<br />

2.7.3 Cards No Longer Required<br />

If the card holder no longer requires the card, has obtained a replacement or will be leaving<br />

the <strong>University</strong> employment, the card must be cut into four pieces and returned to the<br />

<strong>Purchasing</strong> Office immediately with an explanatory note.<br />

2.7.4 Transaction Receipts<br />

To prevent card details being accessed by unauthorized persons, card transaction receipt<br />

details should be retained in a secure place at all times.<br />

When destroying back up transactions details care must be taken to ensure papers are<br />

shredded or put in confidential waste bins.<br />

59 | 9 2


2.8 Best Practice <strong>Purchasing</strong> over the Internet<br />

„Company Barclaycard guarantees against unauthorised transactions.‟<br />

When you buy online with Company Barclaycard you are not liable for unauthorised<br />

transactions. In the unusual event that unauthorised transactions do occur on your account,<br />

they will immediately suspend and investigate them for you. Whatever happens, you won‟t<br />

have to pay for transactions you didn‟t make.<br />

2.8.1 Take care <strong>of</strong> your card details online<br />

Secure sites will start with https, not http. Secure sites have an added encrypted transaction<br />

layer. Other security systems include Secure Socket Layer (SSL), Secure Electronic<br />

Transaction (SET) and HyperText Protocol Secure (HTTPS). Use these whenever possible.<br />

Refer to section 2.8.6 for how to check if a website is secure.<br />

2.8.2 Get to know a company before you buy<br />

If you're not familiar with a supplier, it's a good idea to contact them first and ask for some<br />

company background before you buy. Are the company‟s registered details displayed on the<br />

home page? Is there some form <strong>of</strong> accreditation which can be verified, e.g. Which? If you<br />

are unsure don‟t buy!<br />

Contact the Internet Fraud Watch (www.fraud.org) to check out merchants first<br />

2.8.3 Be aware <strong>of</strong> private sellers<br />

Members <strong>of</strong> the public <strong>of</strong>ten use classified ads and auctions to sell online. Most people are<br />

perfectly honest. However, if you do have any problems, your legal rights may not be the<br />

same as they would be if you were dealing with a business. So always make sure you know<br />

who you're buying from - then you can make an informed choice.<br />

2.8.4 Keep your passwords secret<br />

If you register with a particular site, you'll be asked to enter a user name and password. Keep<br />

your passwords completely secret - the same way, as you would look after your personal card<br />

cash machine PIN number.<br />

2.8.5 Read the delivery and returns policy before you buy<br />

Read the delivery and return policies on the merchant‟s home page before completing an online<br />

transaction. Check you can return any unsatisfactory items and whether you will get a<br />

refund or a merchant credit. The website ideally should also cover delivery methods, delivery<br />

cost, currency accepted, taxes applied, return and refund policy, and a contact telephone<br />

number or e-mail address.<br />

60 | 9 2


2.8.6 Check for a secure connection before you enter your<br />

Company Barclaycard details<br />

First, make sure that you're using a secure browser<br />

Your browser is the piece <strong>of</strong> s<strong>of</strong>tware that enables your computer to access the World Wide<br />

Web. (You probably know that already, but not everyone does!)<br />

A secure browser such as Netscape Navigator version 4.0 or later, or Micros<strong>of</strong>t Internet<br />

Explorer version 4.0 or later will show you whether or not the web site you are visiting is<br />

secure. Internet Explorer uses the padlock symbols below while Netscape uses keys.<br />

A broken key or padlock = unprotected<br />

An intact key or padlock = secure<br />

These browsers also scramble your personal data before sending it, so no one else can read it.<br />

Next, check the web site address<br />

A secure site will <strong>of</strong>ten have https:// at the beginning instead <strong>of</strong> http:// (The 's' stands for<br />

secure). Never send your card details by e-mail i.e. if the address starts mailto.<br />

Secure<br />

Unsecure<br />

Again, if the web site gives you the option <strong>of</strong> using a secure checkout - say yes!<br />

Ensure that a single browser window is open when submitting the data.<br />

2.8.7 Save a record <strong>of</strong> your transactions<br />

Just as you save till receipts in case you need to return or exchange something, you need to<br />

keep a record <strong>of</strong> all online transactions too.<br />

Print and save a copy <strong>of</strong> your completed order form and your order confirmation. Most<br />

reputable suppliers will e-mail you with an order confirmation within 24 hours. Always keep<br />

a record <strong>of</strong> the website address.<br />

2.8.8 Inspect your goods carefully<br />

When you take delivery <strong>of</strong> goods you buy online, be sure to check that they're exactly what<br />

you ordered. If you're unhappy with the quality, or have any other problem, first contact the<br />

supplier direct. If you have any difficulty resolving the query with the supplier, then contact<br />

61 | 9 2


your card administrator for guidance. If in the unlikely event you are in dispute with your<br />

supplier please contact Company Barclaycard Customer Service 08448 222 150<br />

2.8.9 Check your statement<br />

Check the items on your monthly statement as soon as you receive it against your saved<br />

receipts and Corporate Card Transaction Log. If there are items on your statement that you<br />

don't recognise call Company Barclaycard Customer Service 08448 222 150<br />

2.9 Online access<br />

All cardholders have the facility to access their accounts online and the <strong>Purchasing</strong> Office<br />

encourages this as it helps to reduce fraud and enables cardholders to view their statements,<br />

transactions and remaining credit. Statements can be printed from the website and this assists<br />

in reconciling accounts – vital at year end. Registration details available from the <strong>Purchasing</strong><br />

Office and details are on the <strong>Purchasing</strong> Office website.<br />

2.10 Contacts<br />

NAME TITLE TELEPHONE<br />

Head<br />

<strong>Purchasing</strong><br />

<strong>of</strong><br />

Leanne Horton<br />

AB133 Adelphi Building<br />

2220<br />

Email: lhorton2@uclan.ac.uk<br />

<strong>Purchasing</strong><br />

Officers<br />

<strong>Purchasing</strong> Office<br />

AB 135 Adelphi Building<br />

2221/2223/2225<br />

Customer<br />

Services*<br />

Company Barclaycard<br />

www.companybarclaycard.co.uk<br />

08448 222 150<br />

+44 1642 663 663 (from<br />

abroad)<br />

Lost/Stolen Cards/<br />

24 hour<br />

customer<br />

service<br />

Company Barclaycard 01642 230 230<br />

+44 1642 230 230 (from<br />

abroad)<br />

* Quote card number, name, transaction query, date and amount.<br />

62 | 9 2


APPENDIX A (Flow Charts)<br />

A.1 <strong>Purchasing</strong> Goods via Corporate Card<br />

Cardholder identifies purchasing requirement<br />

<br />

Purchase authorized by budget holder<br />

<br />

Transaction log or account 6516 checked to confirm credit available<br />

(if not and purchase urgent, limit may be increased temporarily by<br />

<strong>Purchasing</strong> Office)<br />

<br />

Proceed to order goods from supplier by phone/fax / web quoting all<br />

relevant numbers and confirming with the supplier the amount <strong>of</strong> the<br />

transaction. The transaction voucher is sent with the VAT receipt<br />

and the goods advice note, which is dispatched with the goods.<br />

Both item to be addressed to the cardholder and marked “Paid by<br />

Corporate Card”<br />

<br />

Input details onto Agresso and (optional) update Corporate Card<br />

Transaction Log with all purchase details.<br />

Posting Card Transaction<br />

<br />

Goods/service received - including VAT receipt<br />

<br />

Goods/service checked and reconciled to requirements<br />

<br />

Receive and verify monthly Corporate Card statement<br />

(follow procedure A.3)<br />

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A.2.<br />

Problems with Supply <strong>of</strong> Goods<br />

Responsibility <strong>of</strong> the Cardholder<br />

Immediately contact supplier requesting a refund voucher be put through the<br />

Corporate Card Company and a VAT credit note<br />

<br />

Does the supplier agree to issue a credit?<br />

<br />

<br />

YES<br />

NO<br />

Detail on the Statement or (optional)<br />

Corporate Card Transaction Log and<br />

await receipt <strong>of</strong> credit.<br />

Pursue with supplier until agreement is<br />

reached or<br />

contact Barclaycard with complaint/problem<br />

<br />

On receipt <strong>of</strong> statement check credit has been included and update account on<br />

Agressso<br />

<br />

If credit has not been received, contact supplier to find out when the refund voucher<br />

was processed<br />

NOTE:<br />

If you experience difficulty in obtaining a credit after following<br />

these <strong>procedures</strong> please contact the Head <strong>of</strong> <strong>Purchasing</strong>.<br />

Online access is now available for all cardholders – contact<br />

<strong>Purchasing</strong> for details<br />

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A.3.<br />

Dealing with the Corporate Card Statement<br />

Responsibility <strong>of</strong> the Cardholder<br />

On receipt <strong>of</strong> the statement, do you have all the VAT invoices?<br />

YES<br />

NO<br />

<br />

Check the details on the statement are the<br />

same as invoice details and the entries<br />

made on Agresso and (Optional)<br />

Corporate Card Transaction Log sheet<br />

<br />

<br />

Contact the supplier<br />

and request a copy<br />

invoice<br />

<br />

Await copy invoice<br />

<br />

Do the entries on Agresso and (optional) Corporate Card<br />

Transaction Log correspond to the statement?<br />

<br />

YES<br />

NO<br />

<br />

<br />

If discrepancy due to dates, carry<br />

forward the outstanding<br />

transactions to the following<br />

month<br />

If credit required, contact<br />

supplier or <strong>Purchasing</strong> Office<br />

<br />

Are the Corporate Card company statement details correct?<br />

YES<br />

<br />

NO<br />

<br />

<br />

Raise query with Barclaycard<br />

and advise <strong>Purchasing</strong> Office.<br />

Proceed with next step when<br />

queries resolved<br />

<br />

Obtain authorization from budget holder to sign and date the<br />

Statement and (Optional) the Corporate Card Transaction Log<br />

<br />

Attach all invoices and (Optional) copy <strong>of</strong> the Corporate Card<br />

Transaction Log or Agresso printout <strong>of</strong> 6516 to statement<br />

65 | 9 2


A.4.<br />

Dealing with the Corporate Card Transaction Log (now optional)<br />

Responsibility <strong>of</strong> the Cardholder<br />

On the face <strong>of</strong> your log sheet, enter the following:<br />

Name and staff number<br />

Department and Location<br />

Phone Number<br />

<br />

Enter each individual transaction detail onto the log as soon<br />

as purchase completed and has been entered on Agresso<br />

<br />

Make sure you get an itemised invoice/VAT receipt for each<br />

transaction; review weekly - chase suppliers for invoices not<br />

received<br />

<br />

Check invoice details against log details<br />

<br />

Put receipt/invoice into the log envelope and await receipt <strong>of</strong><br />

monthly statement<br />

<br />

Update Corporate Card Transaction Log with outstanding<br />

details, process paperwork as outlined in A.1.<br />

<br />

Return any invoices that do not appear on the statement to the<br />

log file and await the next statement<br />

Further information re posting the Corporate Card<br />

Transaction Log details onto Agresso can be found at:<br />

Card Log Entry<br />

66 | 9 2


A.5 Checking <strong>of</strong> the VAT Invoice<br />

Responsibility <strong>of</strong> the Cardholder<br />

On receipt <strong>of</strong> the invoice - is the following correct?<br />

Items<br />

Quantity<br />

Price<br />

<br />

YES<br />

Attach invoice to, and update, the<br />

Corporate Card Transaction Log<br />

<br />

NO<br />

Immediately<br />

contact supplier<br />

requesting a<br />

refund voucher<br />

be put through<br />

the Corporate<br />

Card company<br />

AND a VAT<br />

credit note<br />

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APPENDIX B<br />

Quick Reference Guide for Internet Transactions<br />

Cardholder checks to<br />

make sure supplier<br />

has a secure site and<br />

purchases<br />

goods/services over<br />

the Internet. Enter<br />

the transaction onto<br />

Agresso and<br />

(Optional)<br />

Transaction log<br />

updated with details<br />

Supplier may<br />

acknowledge via e-<br />

mail that he has<br />

goods/services.<br />

Supplier then<br />

delivers<br />

goods/services with a<br />

receipt.<br />

Supplier processes<br />

transaction through<br />

Visa network<br />

Cardholder receives<br />

goods/services and<br />

updates transaction<br />

log (optional)<br />

Cardholder receives<br />

and checks monthly<br />

statement against log<br />

(optional) and<br />

receipts<br />

Statement,<br />

transaction log and<br />

receipts are signed<br />

<strong>of</strong>f by line manager<br />

and sent to accounts.<br />

When you buy online with Company Barclaycard you are not liable for unauthorised<br />

transactions. In the unusual event that unauthorised transactions do occur on your account,<br />

they will immediately suspend and investigate them for you. Whatever happens, you‟ll never<br />

have to pay for transactions you did not make.<br />

68 | 9 2


APPENDIX C<br />

Corporate card log<br />

69 | 9 2


PURCHASING PROCEDURES<br />

20 NEGOTIATION BRIEFING NOTES<br />

Why negotiate<br />

As we are spending taxpayer‟s money, we are publicly accountable and must ensure<br />

that value for money is obtained. Negotiation is one method <strong>of</strong> achieving this. Also<br />

savings made enable budget holders to gain more from typically decreasing budgets.<br />

When conducted with integrity and pr<strong>of</strong>essionalism negotiation is a perfectly logical<br />

step in the procurement process. It must be carefully planned and managed so that<br />

confidence and trust in the purchaser (which in the longer term translates into better<br />

value for money) are always retained. Suppliers who realise that their customer always<br />

wishes to negotiate will invariably add a little on to their price to compensate.<br />

Conducting a basic negotiation<br />

A negotiation strategy should be developed prior to the negotiations taking place.<br />

Analysing information, identifying objectives, formulating a strategy and ensuring that<br />

you are authorised to conduct the proposed negotiations will help you to negotiate<br />

from a position <strong>of</strong> strength and achieve an effective result. Ensure you differentiate<br />

from facts and assumptions.<br />

1. Pre-Meeting Strategy Development<br />

When creating your strategy consider all potential items for negotiation and ways<br />

in which the <strong>University</strong>‟s needs may be met. Consider also the current market<br />

trends and the suppliers‟ current and future business situation e.g. seasonal<br />

variations, current financial standing and market strategies. Analyse the faults <strong>of</strong><br />

supplier‟s products, even if they are unimportant to the purchaser, getting the<br />

supplier to identify / confirm weaknesses can put the balance <strong>of</strong> power on your<br />

side. Considering many options will allow you to change tack during negotiations if<br />

necessary.<br />

1a. What to negotiate<br />

Price (except in EU contracts)<br />

supply and cost <strong>of</strong> spare parts<br />

earlier delivery/completion dates<br />

warranties/guarantees/maintenance/repair/after sales service<br />

compensation for failure to meet specified requirements.<br />

quantity/educational discounts. This list is not exhaustive, it is a concept <strong>of</strong><br />

purchasing that “everything is negotiable”.<br />

2. Meeting - Introduction<br />

Home „turf‟ is always useful, familiarity with environment and information to hand<br />

<strong>of</strong>fers a position <strong>of</strong> strength from which to conduct proceedings. The meeting<br />

70 | 9 2


should commence with an introduction, giving background information and gently<br />

leading up to points to discuss. Allow suppliers time to talk, you can pick up useful<br />

information prior to negotiating.<br />

3. Meeting - Discussion<br />

Commencing the process <strong>of</strong> discussion, start with items you will find easy to agree<br />

on to build a relationship. Suggest a break if things become difficult or<br />

deadlocked.<br />

4. Tactics<br />

Ask suppliers what you could do to improve your dealings with them, there may be<br />

something important to them which involves little effort on your part. Such<br />

concessions can dramatically improve a supplier‟s impression <strong>of</strong> the <strong>University</strong> as a<br />

customer.<br />

Salespeople are highly trained and motivated to fend <strong>of</strong>f their competitors and win<br />

your custom so be on your guard.<br />

Avoid situations where a supplier knows they will get an order. This can occur<br />

when they have the best product to meet our needs, deadline date or because an end<br />

user has advised them!<br />

When undertaking team negotiations ensure that all members are aware <strong>of</strong> their<br />

role in the negotiations and the tactics to be deployed.<br />

Ask for cost breakdowns to include the pr<strong>of</strong>it margin, labour and various product<br />

components. This enables comparison between suppliers, which you can then use<br />

to query any anomalies.<br />

Recognise supplier‟s strengths and weaknesses in relation to your requirements.<br />

Ensure that your weaknesses are played down, put in a positive light, or not<br />

disclosed at all. Make more <strong>of</strong> the supplier‟s weaknesses and less <strong>of</strong> their<br />

strengths. Make more <strong>of</strong> your strengths. Think not <strong>of</strong> how little your concessions<br />

mean to you but <strong>of</strong> how much they may mean to the supplier.<br />

Reserve your position until you see the full scope <strong>of</strong> the proposed deal. Never agree<br />

point by point. Using conditional language e.g. if... then perhaps ... can assist you in<br />

this. Try not to concede without gaining a concession from the supplier, always<br />

SOMETHING FOR SOMETHING! Observe how the supplier negotiates and<br />

adjust your tactics accordingly, or choose to take the lead.<br />

5. Meeting - Close<br />

Once agreement has been made summarise the points and method <strong>of</strong><br />

implementation. Make an effort to leave the supplier with some satisfaction at the<br />

completion <strong>of</strong> a negotiation. Such satisfaction may be nothing more than<br />

understanding why it has been necessary for him to make concessions. Aim for a<br />

„win win‟ situation.<br />

71 | 9 2


6. Ethics<br />

Contracts for the supply <strong>of</strong> goods and services do not have to be in writing to be<br />

legally enforceable and so great care must be taken during any negotiations to avoid<br />

entering contracts orally.<br />

Negotiation should not be conducted in ways, which put suppliers at a<br />

disadvantage, distort competition or adversely affect trust in the procurement<br />

process. Avoid Dutch auctions and empty threats and ensure suppliers are treated in<br />

an honest, fair and ethical manner whilst retaining confidentiality <strong>of</strong> their bids.<br />

Exercise <strong>of</strong> control on all types <strong>of</strong> information, only partially revealing or choosing<br />

only that which is suitable for your purpose, is a perfectly legitimate tactic. Care<br />

should be taken however to avoid leaving bidders with a misleading impression,<br />

otherwise the failure to supply the information may be held to be a<br />

misrepresentation by omission.<br />

If discussions regarding bid clarification result in an exchange <strong>of</strong> further<br />

information to one or more <strong>of</strong> the suppliers it is imperative that the same<br />

information is given to all bidders.<br />

Negotiations must be fully documented so that a clear audit trail is left.<br />

Those suppliers who have been unsuccessful should be given constructive feedback<br />

to assist them in becoming more competitive for future requirements in the interest<br />

<strong>of</strong> market forces.<br />

For negotiation to be effective both parties must foster a relationship that is based<br />

on trust, fair dealing and respect for each other‟s viewpoint.<br />

7. Post Tender Negotiation<br />

Post Tender Negotiation must only be undertaken with a member <strong>of</strong> the <strong>Purchasing</strong> Office.<br />

72 | 9 2


PURCHASING PROCEDURES<br />

21 PURCHASING GUIDANCE NOTES (when bidding for funds)<br />

Below are a number <strong>of</strong> „key‟ points that will have to be considered and acted upon when<br />

<strong>University</strong> staff are bidding for funds to purchase equipment and services. It is important for<br />

„bidders‟ to recognise any mandatory requirements as they could affect the timeframe and<br />

procurement process if the bid were to be successful.<br />

<strong>University</strong> Financial Regulations<br />

All purchases for equipment and services are subject to the <strong>University</strong>‟s Financial<br />

Regulations.<br />

Headline Regulations are,<br />

<br />

<br />

<br />

<br />

Purchases up to and including £5k – estimated price<br />

Purchases £5k to £50k – a minimum <strong>of</strong> three written quotations<br />

Purchases £50k to £173 – a minimum <strong>of</strong> four tenders – allow a minimum <strong>of</strong> four<br />

months for this process<br />

Purchases greater than £173k, subject to EU Procurement (tender) Regulations (see<br />

below). – allow a minimum <strong>of</strong> six months for this process<br />

Statutory Requirements<br />

All purchases for equipment and services over the value <strong>of</strong> £173k that could be aggregated<br />

or purchased from a single supplier will be subject to EU Procurement Regulations.<br />

What does this mean?<br />

Each procurement is subject to statutory regulations and timetables.<br />

For an „open‟ tender all applicants must receive a tender pack. The tender timeframe<br />

is a minimum <strong>of</strong> 52 days.<br />

The specification must be generic and must not include any artificial „lock out‟<br />

barriers to competition within the specification i.e. quoting any „brand names‟.<br />

Every supplier must be treated equally and fairly.<br />

If the EU Tender Regulations are NOT followed precisely then the <strong>University</strong> may be<br />

challenged in a court <strong>of</strong> law and if found guilty could be fined up to the value <strong>of</strong> the potential<br />

contract.<br />

External Requirement and Good Practice <strong>Purchasing</strong><br />

Most external funding agencies now impose <strong>procedures</strong> on bidding institution. These will be<br />

a combination <strong>of</strong> strict <strong>procedures</strong> or good practices. Organisations such as HEFCE, the<br />

Research Councils and the Wellcome Trust all insist the proper tender regulations are<br />

observed and „whole life costings‟ are included within the bid and procurement process.<br />

73 | 9 2


Most agencies now insist the institution <strong>Purchasing</strong> Office is included within the process and<br />

sign <strong>of</strong>f the bid/procurement documentation. Failure to do so may result in the bid not being<br />

accepted or funds being denied.<br />

What is „whole life costing’?<br />

Whole life costing asks that the purchase <strong>of</strong> equipment or a service be costed through to the<br />

end <strong>of</strong> the expected life <strong>of</strong> the equipment or project. This will include but not limited to,<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Initial purchase cost<br />

Delivery and implementation costs<br />

Consultancy, manuals and Training<br />

Annual maintenance and licensing costs,<br />

Consumables and spares<br />

Upgrades<br />

Insurance<br />

Resale or trade in value<br />

It is important that the <strong>Purchasing</strong> Office is included early on in the bid process as they can<br />

advise in more depth, the various requirements involved in a „high value‟ purchase. The<br />

<strong>Purchasing</strong> Office has an extensive website which includes guidance notes on most topics<br />

involved with purchasing equipment (goods) and services.<br />

This can be found at - <strong>Purchasing</strong> Office<br />

or alternatively contact the <strong>Purchasing</strong> Office on extension 2220.<br />

74 | 9 2


PURCHASING PROCEDURES<br />

22 CONSULTANCY<br />

GUIDANCE FOR THE PROCUREMENT OF CONSULTANCY<br />

CONTENTS<br />

1. FOREWORD<br />

2. PRINCIPLES<br />

3. FINANCIAL REGULATIONS<br />

4. THE PROCESS<br />

5. GUIDELINES<br />

6. METHODS OF PAYMENT<br />

APPENDIX 1:<br />

CONSULTANTS TRAVEL EXPENSES<br />

APPENDIX 2:<br />

ADVICE ON DIFFERENTIATION BETWEEN EMPLOYEE<br />

AND SELF-EMPLOYED STATUS<br />

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1. Foreword<br />

The purpose <strong>of</strong> this document is to provide guidance to those members <strong>of</strong> staff involved in<br />

the difficult task <strong>of</strong> hiring external consultants to undertake work on behalf <strong>of</strong> the <strong>University</strong>.<br />

The following check lists, <strong>procedures</strong> and principles will provide complete assurance in the<br />

safety <strong>of</strong> the placement <strong>of</strong> a consultancy contract (legal contract “Standard Contract for the<br />

Purchase <strong>of</strong> Consultancy” available from<br />

http://www.uclan.ac.uk/information/services/finance/purchasing/terms_and_conditions.php.<br />

Do please note that travel expenses listed under Appendix 1 are intended as a guideline only<br />

and should be checked for any revisions.<br />

Please remember the <strong>Purchasing</strong> Office are always available to assist and contact should be<br />

made with the Head <strong>of</strong> <strong>Purchasing</strong> on ext. 2220 in the first instance if any member <strong>of</strong> staff<br />

wishes to take advantage <strong>of</strong> their expertise in this matter.<br />

The aim <strong>of</strong> this document is to improve the quality <strong>of</strong> consultants‟ reports as a management<br />

tool by laying out the <strong>University</strong>‟s expectations, highlighting best practice and documenting<br />

the risks associated with consultant reports and presentations.<br />

In general terms, as part <strong>of</strong> a broader management framework, consultant reports, like all<br />

other elements <strong>of</strong> such a framework, must be subject to and demonstrate value for money,<br />

risk awareness, audit ability and a connectedness to corporate planning and strategic<br />

priorities.<br />

In specific terms the outputs <strong>of</strong> such consultant contributions should demonstrate objectivity,<br />

rigour, validity, reliability, coherence and focus.<br />

These general and specific considerations are directly related. A consultant‟s report which<br />

lacks validity will lack value for money. Similarly a review which lacks objectivity is<br />

unlikely to contribute satisfactorily to risk assessment or mitigation processes.<br />

The cost <strong>of</strong> ineffective or flawed consultancy is potentially not just the fee paid for the<br />

consultancy work but the business cost <strong>of</strong> poor decisions made on the basis <strong>of</strong> such<br />

consultancy.<br />

All consultants‟ reports are different and the commissioning conditions and briefs can vary<br />

significantly. There is no single correct way to carry out effective consultancy. However, the<br />

<strong>University</strong> is committed to maximising the quality <strong>of</strong> decision making generally and is<br />

focused therefore on establishing best practice in relation to those reports it commissions.<br />

The following set <strong>of</strong> principles indicates a set <strong>of</strong> expectations to which all consultants and<br />

commissioning mangers should adhere. Promotion <strong>of</strong> these principles and raising awareness<br />

<strong>of</strong> the issues they address, both internally and to potential consultants, is designed to raise<br />

standards <strong>of</strong> consultancy reports and improve decision making.<br />

76 | 9 2


POLICY<br />

2.0 Principles<br />

2.1 All consultancies will be expected to adhere to a pr<strong>of</strong>essional Code <strong>of</strong> Practice<br />

This will be either the MCA (Management Consultancies Association) Code <strong>of</strong><br />

Pr<strong>of</strong>essional Conduct or equivalent 1 . Additionally all consultancies shall adhere to<br />

the <strong>University</strong>‟s policies on diversity and equal opportunities in all work and not just<br />

such work which has diversity as an explicit element <strong>of</strong> the brief.<br />

2.2 All consultancies will be appropriately commissioned.<br />

This means that all commissions will be consistent with the <strong>University</strong>‟s Financial<br />

Regulations and will normally incorporate the model contract for consultants issued<br />

by Financial Services.<br />

2.3 All consultancies will have a clear brief<br />

This means that all consultancies will have as a minimum a written statement <strong>of</strong><br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

The scope <strong>of</strong> the work with relevant terms appropriately defined<br />

The methodologies and instruments to be used (e.g. survey, interview, focus group<br />

etc.)<br />

In the case <strong>of</strong> survey work the population from which the sample will be drawn and<br />

the sampling frame.<br />

A stated link to <strong>University</strong> Strategy (e.g. Corporate Plan, Risk Register, VFM<br />

schedule or equivalent), and previous relevant documents and research work where<br />

known.<br />

Who is commissioning the consultancy and to whom the outputs should be delivered<br />

in the first instance<br />

The nature <strong>of</strong> the outputs (reports, presentations etc.)<br />

The time frame for final report and any intermediate drafts to be delivered<br />

Utilising the Standard Contract for the Purchase <strong>of</strong> Consultancy will cover all <strong>of</strong> the<br />

above requirements.<br />

2.4 All quantitative surveys will be reliable, valid and appropriately executed and<br />

reported.<br />

This means that<br />

<br />

<br />

<br />

Survey questions will adhere to social science good practice and questions or items<br />

should be both reliable and valid.<br />

Appropriate confidentiality and informed consent must be exercised.<br />

Statistical analysis should be decided prior to data collection.<br />

1 http://www.mca.org.uk/MCA/AboutUs/CodeOfConduct.aspx<br />

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Samples used in surveys should be representative <strong>of</strong> the population defined in the<br />

brief. Large samples can still be unrepresentative. The sampling method should be<br />

clearly defined and will normally be randomly determined (involving stratification<br />

where appropriate). Where there is weighting <strong>of</strong> samples by key population variables<br />

to yield better population estimates, this should be clearly documented and justified.<br />

Where appropriate and feasible, new or bespoke question sets should be piloted prior<br />

to full survey.<br />

2.5 All statistical results reported in surveys should be accurate, comprehensible to<br />

the intelligent lay reader and should not be misleading or overstated.<br />

This means that statistical findings should be presented clearly and rooted in the<br />

actual data. Comparative statistical judgments should reflect normal standards<br />

associated with inferential statistics. Survey response rates and any significant issues<br />

in validity arising from unsatisfactorily low response rates or potentially skewed<br />

response rates must be foregrounded.<br />

Specifically this means that:<br />

<br />

<br />

<br />

<br />

<br />

Where comparisons are the focus <strong>of</strong> a sample survey, differences should normally<br />

only be highlighted where they are statistically significant (normally at 5% level <strong>of</strong><br />

significance but there will be exceptions).<br />

Tables which report means across groups (with or without claims <strong>of</strong> statistically<br />

significant differences) should also report measures <strong>of</strong> dispersion such as standard<br />

deviation.<br />

Nonparametric statistics should be used where more appropriate than parametric<br />

statistics. Parametric statistics should not be used where normal parametric<br />

assumptions are violated, with particular care and attention to Likert study data.<br />

Sub sample analyses should be reported with caution particularly where sub sample<br />

sizes are small.<br />

Statements which are only true <strong>of</strong> a sub sample should not be presented as being true<br />

<strong>of</strong> the sample as a whole. Equally, statements which are true <strong>of</strong> the sample as a whole<br />

should not be presented as true only <strong>of</strong> a sub sample.<br />

2.6 All surveys should be auditable and reproducible<br />

This means that raw data, appropriately anonymised, should be available for any other<br />

party nominated by the commissioning manager to check statistical assumptions,<br />

calculations and inferential assessments as appropriate. The <strong>University</strong> will normally<br />

carry out an „evidence trail‟ for a small number <strong>of</strong> selected specific conclusions in<br />

each final report (see below).<br />

78 | 9 2


2.7 All qualitative surveys and associated reports will be clearly identified as such<br />

and conclusions presented appropriately.<br />

Focus groups, interviews and desk (document) reviews can make a significant<br />

contribution to policy or organizational development and review. They are able to<br />

identify emerging themes, patterns, perceptions and narratives. Appropriately<br />

designed and executed they can provide thought-provoking suggestions and<br />

possibilities which other methods fail to identify. However, such methods by their<br />

very nature are open to the dangers <strong>of</strong> subjective interpretations, incomplete<br />

summation and „spin‟. There is no reason in principle why these difficulties<br />

cannot be overcome. Research suggests that such methods are least useful when the<br />

consultant is unfamiliar with the vocabulary, cultures and practices <strong>of</strong> the target<br />

population. This presents a particular challenge to consultants who can in principle<br />

add value through externality and disinterest. In practical terms such methods present<br />

further difficulties since (i) confidentiality and an ethical treatment <strong>of</strong> the participant‟s<br />

contribution are paramount (ii) participants are not anonymous to the consultant, (iii)<br />

the elicitation <strong>of</strong> the participant‟s views is conversational, (iv) in the case <strong>of</strong> focus<br />

groups, the participants‟ contribution can reflect peer pressure and (v) in some<br />

settings more vocal and more confident participants can generate more content and be<br />

more influential. In some settings this can lead to some views from minority or less<br />

powerful respondents being excluded and undervalued. Consultants should<br />

demonstrate awareness <strong>of</strong> these limitations and put conclusions and recommendations<br />

in an appropriate context. Presentation <strong>of</strong> results <strong>of</strong> qualitative research is an area <strong>of</strong><br />

particular difficulty due to the role <strong>of</strong> subjectivity, individuality, and particular<br />

circumstances in which the views <strong>of</strong> participants are solicited. Normally, the<br />

<strong>University</strong> will expect such methods at the early stages <strong>of</strong> a review to identify the<br />

areas meriting further structured assessment through surveys or other methods.<br />

Qualitative methods can support a wide range <strong>of</strong> activities and can add value on<br />

topics during periods <strong>of</strong> change or which are subject to multiple stakeholder<br />

perspectives.<br />

This means that<br />

<br />

<br />

<br />

<br />

Data from interviews and focus groups should not be presented as though they had<br />

been collected via a quantitative survey.<br />

Summaries, conclusions and recommendations based wholly or principally on<br />

qualitative methods should normally indicate areas or issues for further systematic<br />

structured work or robust analysis rather than be <strong>of</strong>fered as definitive statements <strong>of</strong><br />

stakeholders‟ views in general.<br />

Consultant research involving qualitative methods should indicate how they have<br />

sought to ensure that issues around anonymity, „conversationalism‟, peer pressure and<br />

inclusion have been addressed. It is acknowledged that these issues can never be<br />

entirely eliminated but conclusions should reflect that fact.<br />

Conclusions in qualitative research should be derived from the data as systematically<br />

as with quantitative research. Clear contemporaneous notes should be made at the<br />

79 | 9 2


point <strong>of</strong> elicitation <strong>of</strong> participants‟ views such that they can normally be distinguished<br />

from any subsequent interpretative work done on such notes.<br />

<br />

<br />

<br />

<br />

<br />

It is good practice particularly in interview methods to allow the participant to check<br />

that the interviewer has correctly recorded the views expressed. This can be done by<br />

presenting a brief summary <strong>of</strong> main points.<br />

Consultants should be able to demonstrate how conclusions and recommendations<br />

follow from the data. The <strong>University</strong> will normally carry out an „evidence trail‟ for a<br />

small number <strong>of</strong> selected specific conclusions in each final report while respecting the<br />

confidentiality <strong>of</strong> the data.<br />

Vague or casual statements such as „The view was expressed that X” or “Some<br />

respondents did not wish to comment on topic Y” add little value and should be<br />

avoided. Ideally the percentage <strong>of</strong> respondents in interviews indicating a specific view<br />

should be highlighted where a precise question is asked and answer given. However,<br />

this should not be used to give the impression <strong>of</strong> quantitative rigour where this is not<br />

valid. Clear statements <strong>of</strong> “small minority”, “large minority” [i.e. less than half],<br />

“majority”, “large majority”, “almost all” or “all” should be used. If other<br />

conventions are used they should be clearly flagged up. Whatever conventions are<br />

used they should be used consistently.<br />

Reporting specific quotes from participants can be a good way a highlighting a key<br />

issue in a manner which captures attention and help the reader relate to a perspective<br />

other than their own. However there is a danger that these can skew perceptions<br />

inappropriately. „Illustrative‟ quotes should be used sparingly and should be<br />

representative. Report writers should avoid the temptation to foreground dramatic,<br />

extreme, witty or pithy comments when they are not representative <strong>of</strong> majority<br />

opinion 2.<br />

Statements which are only true <strong>of</strong> a sub sample should not be presented as being true<br />

<strong>of</strong> the sample as a whole. Equally, statements which are true <strong>of</strong> the sample as a whole<br />

should not be presented as true only <strong>of</strong> a sub sample.<br />

2.8 All consultancies will be evaluated and subject to audit<br />

As part <strong>of</strong> a commitment to continuous improvement, the <strong>University</strong> will assess the<br />

extent to which a consultancy brief has been met through a report from the<br />

commissioning manager normally to the commissioning managers own manger.<br />

2 Highlighting an unrepresentative but memorable quote early in a report but then presenting information that<br />

indicates the view expressed is not necessarily representative - to cover the author - is particularly poor practice<br />

80 | 9 2


3.0 Financial Regulations<br />

POLICY<br />

3.1 The Financial Regulations <strong>of</strong> the <strong>University</strong> apply to all consultancy contracts let by<br />

the <strong>University</strong>. Particularly important are those regulations pertaining to competition<br />

and pro<strong>of</strong> <strong>of</strong> value for money specifically:<br />

(a)<br />

Contracts over £5000 are let following at least three quotations being<br />

obtained.<br />

(b)<br />

Contracts over £50,000 are subject to a formal tendering process involving a<br />

minimum <strong>of</strong> four suppliers and the Group Executive Director <strong>of</strong> Finance‟<br />

approval<br />

(c)<br />

Contracts over £173,000 are subject to an EU tendering process and the<br />

<strong>University</strong>‟s approved authorisation levels.<br />

Where such conditions apply that compliance with a) or b) is not possible or<br />

impracticable then the approval <strong>of</strong> the Group Executive Director <strong>of</strong> Finance, via the<br />

Head <strong>of</strong> <strong>Purchasing</strong> must be obtained prior to the placing <strong>of</strong> any purchase order or<br />

contract (see 3.5). EU tenders are a legal requirement and as such the requirement<br />

cannot be waived.<br />

3.2 Contract signatures<br />

The <strong>University</strong> part <strong>of</strong> any resultant contract can be signed by the Faculty/Service<br />

approved signatory. For contracts greater than £5000, these can only be signed by the<br />

Group Executive Director <strong>of</strong> Finance. Contracts for signature should be forwarded in<br />

the first instance through the Head <strong>of</strong> <strong>Purchasing</strong>.<br />

3.3 Teaching Services, and Contracts Involving Members <strong>of</strong> Staff<br />

If it is proposed that existing staff members undertake additional duties outside their<br />

job description, then advice should be sought, in the first instance, via Human<br />

Resources, given that it is not <strong>University</strong> policy to engage existing staff on<br />

consultancy contracts.<br />

3.4 Standard Contract<br />

The‟ Standard Contract for the Purchase <strong>of</strong> Consultancy‟ must be used for all<br />

consultancy contracts over £1,000 in total value (repeat contracts where the sum <strong>of</strong><br />

the parts is over £1000 also require use <strong>of</strong> the contract). Requests for assistance with<br />

variations or prospective alternative contracts should be addressed initially through<br />

the Head <strong>of</strong> <strong>Purchasing</strong>.<br />

81 | 9 2


3.5 Single Source Tenders or Quotations<br />

The Financial Regulations require that all contracts let between £5,000 and £50,000<br />

are subject to the three-quotation rule. In the unlikely event <strong>of</strong> only one quotation<br />

being obtained, a full written explanation stating the reasons for this should be sent to<br />

the Head <strong>of</strong> <strong>Purchasing</strong> prior to any contract or order placement. The Head <strong>of</strong><br />

<strong>Purchasing</strong> will approve such contracts upon receipt <strong>of</strong> valid explanations.<br />

3.6 Relationship with Prospective Suppliers<br />

All members <strong>of</strong> staff are reminded <strong>of</strong> the <strong>University</strong> requirement for full disclosure <strong>of</strong><br />

any personal relationships with prospective suppliers at the earliest possible juncture.<br />

82 | 9 2


4.0 The Process: Hiring <strong>of</strong> Consultants<br />

Prepare<br />

Specification<br />

Check if internal<br />

resources are available<br />

OVER<br />

£50,000?<br />

Send specification to prospective<br />

consultants requesting quotation<br />

(minimum <strong>of</strong> 3 written quotes<br />

required)<br />

No<br />

Yes<br />

Contact <strong>Purchasing</strong> Office to<br />

Arrange formal tender<br />

Receive and Assess<br />

Responses<br />

Meet with successful<br />

candidate to discuss<br />

aspects <strong>of</strong> contract<br />

Prepare contract and<br />

send to Head <strong>of</strong> <strong>Purchasing</strong><br />

if over £5k<br />

Send signed contract to<br />

consultant for signature<br />

Once returned raise<br />

PURCHASE ORDER ON<br />

AGRESSO<br />

Monitor contract against<br />

deliverables, cost and timescales<br />

As part <strong>of</strong> a commitment to continuous improvement, the <strong>University</strong> will assess the extent to which a<br />

consultancy brief has been met through a report from the commissioning manager, normally to the<br />

commissioning managers own manager.<br />

83 | 9 2


GUIDELINES<br />

5.1 Introduction<br />

The process <strong>of</strong> hiring external consultants can be difficult and resultant success <strong>of</strong> the<br />

consultancy can hinge on the strength, accuracy and arrangement <strong>of</strong> detail in the<br />

contract and contracting process.<br />

5.2 Specification<br />

The specification is a crucial part <strong>of</strong> any consultancy contract. This should contain:<br />

1. A full brief for the prospective consultants outlining the <strong>University</strong>‟s<br />

problem/needs/requirements.<br />

2. Detail <strong>of</strong> the scope and type <strong>of</strong> advice required from the prospective<br />

consultants.<br />

3. Detail <strong>of</strong> any constraints which the <strong>University</strong> wishes to place on the<br />

preferred solutions.<br />

4. Lists <strong>of</strong> tasks which must be performed by both <strong>University</strong> and prospective<br />

consultants.<br />

5. Timescales for the consultancy contract including expected start and<br />

completion dates.<br />

6. A list <strong>of</strong> expected tangible deliverables from the prospective consultancy<br />

(see points 4.7.1 and 4.9.1 for further details)<br />

7. References where appropriate.<br />

5.3 Internal Resources<br />

Once the specification document is complete, it is very important to consider the<br />

possibility <strong>of</strong> internal <strong>University</strong> resources providing solutions to the consultancy<br />

requirement.<br />

5.4 Preparation for Invitation to Quote/Tender<br />

5.4.1. The Financial Regulations <strong>of</strong> the <strong>University</strong> dictate the route that should be followed<br />

as the next step. Requirements where expected expenditure will be less than £50,000<br />

can be covered by an invitation to quote. Requirements above this figure are subject<br />

to a formal tendering requirement.<br />

5.4.2. Invitation to quote will normally be instigated by letter. A copy <strong>of</strong> the specification<br />

and a copy <strong>of</strong> the standard consultancy agreement should always be sent with the<br />

letter. (See Standard Contract for the Purchase <strong>of</strong> Consultancy)<br />

The letter should also contain the following statement:<br />

“Any contract for consultancy resulting from this invitation will be covered only by<br />

the terms and conditions attached. Other terms and conditions will not be accepted.”<br />

84 | 9 2


This has the effect <strong>of</strong> imposing the <strong>University</strong> contract at the earliest possible stage<br />

and responses can then only be sent subject to our terms and conditions.<br />

5.4.3. The letter should also formally request that the prospective consultant sets out in full<br />

all charges for undertaking the work including:<br />

1. A basis for the quoted fees.<br />

2. A statement <strong>of</strong> total fees<br />

3. Expenses: wherever possible all expenses should be an inclusive item<br />

<strong>of</strong> the total fees. Wherever this is not possible, see note 4.11.1 for<br />

further advice.<br />

5.4.4 When engaging with an external consultant it is important to establish whether he/she<br />

is VAT registered. If the consultant is VAT registered, VAT at the current rate will be<br />

incurred on the services supplied to the <strong>University</strong>, in most circumstances. In most<br />

cases the VAT will be a cost to the <strong>University</strong> (as the <strong>University</strong> cannot recover all <strong>of</strong><br />

the VAT it incurs), and therefore this needs to be considered when determining the<br />

cost <strong>of</strong> a project. It is important to check the service contract with the consultant to<br />

determine whether the fees charged are VAT inclusive or exclusive. Where the<br />

consultant is not VAT registered, no VAT will be charged on their services to the<br />

<strong>University</strong>.<br />

5.4.5. Formal tenders are dealt with exclusively by the <strong>Purchasing</strong> Office and the Head <strong>of</strong><br />

<strong>Purchasing</strong> will have responsibility for ensuring the contract is sound and complete<br />

i.e. minimising risk whilst ensuring expected benefits are delivered. Contact should<br />

be made at the earliest possible opportunity (extension 2220) to commence the<br />

tendering process, which can take up to 6 months.<br />

5.5 The Tendering Process<br />

There are several advantages and some misconceptions regarding the tendering<br />

process where some clarification is beneficial:<br />

1. The actual tendering process need not be a long process, and indeed can be faster<br />

in some cases than a quotation exercise.<br />

2. After the production <strong>of</strong> the specification, the <strong>Purchasing</strong> Office will undertake all<br />

the work up to the point <strong>of</strong> assessing tender responses.<br />

3. The formal tendering process can be used for any value <strong>of</strong> contract over £50,000<br />

and can in certain instances be used for values below this amount.<br />

4. There is greater security and safety in the tendering process in that it forces<br />

suppliers to be very exact in their response.<br />

Please consult with the Head <strong>of</strong> <strong>Purchasing</strong> who can advise upon the Tendering Procedures<br />

(which can be found on the <strong>Purchasing</strong> Offices web site) for further information and assistance.<br />

85 | 9 2


5.6 Assessment <strong>of</strong> Responses<br />

5.6.1. Assessment <strong>of</strong> responses to either a tender or quotation exercise should be carried out<br />

against standard value for money criteria or technical merit as detailed within the<br />

specification.<br />

5.6.2. It may be necessary and in some cases advisable to request the potential supplier to<br />

undertake a verbal presentation regarding their submission, in order for both parties to<br />

clarify points and aspects <strong>of</strong> the intended contract. This is however entirely up to the<br />

individual or working party overseeing the assessment part <strong>of</strong> the process.<br />

5.7 Making a contract<br />

Prior to award <strong>of</strong> contract, it will be necessary to undertake some final negotiation<br />

with the prospective consultant. Points which require address could include:<br />

1. Method <strong>of</strong> authorisation for any additional work above the billing (invoicing)<br />

agreed for the original contract (if necessary).<br />

2. Method <strong>of</strong> payment and billing.<br />

3. Agree firm deliverables with the prospective consultant against which the success<br />

<strong>of</strong> the consultancy can be measured (see Schedule A <strong>of</strong> the Consultancy<br />

Agreement).<br />

4. Confirm timescales (see Schedule A <strong>of</strong> the Consultancy Agreement)<br />

5. Do you require the consultant to be exclusive to the <strong>University</strong> or to prevent them<br />

from supplying similar services elsewhere? If so contact the <strong>Purchasing</strong> Office<br />

who will obtain legal advice on your behalf.<br />

5.8 Contract and Signature<br />

5.8.1. Once both parties have agreed to all aspects <strong>of</strong> the consultancy and prior to raising a<br />

purchase order, a consultancy agreement should be completed and sent to the Head <strong>of</strong><br />

<strong>Purchasing</strong> (See Standard Contract for the Purchase <strong>of</strong> Consultancy) who will arrange<br />

Group Executive Director <strong>of</strong> Finance signature (refer to „Authorisation Levels‟).<br />

5.8.2. Once signed the contract should then be sent to the supplier for signature and<br />

following return a purchase order can be raised and issued.<br />

5.9 Monitoring <strong>of</strong> Consultancy<br />

It is important at stages <strong>of</strong> consultancies (particularly those <strong>of</strong> length in time) to assess<br />

progress against deliverables, timescales and costs. It must be remembered that the<br />

consultant has contracted to provide a timely and full service and any payment for<br />

service rests and should be linked to your satisfaction with the results. A timely<br />

warning if it is felt that targets are not being achieved may well rescue a situation,<br />

turning a poor result into something more acceptable. Critical but constructive<br />

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honesty should be welcomed by most consultants. Therefore, monitoring or contract<br />

review meetings should always form part <strong>of</strong> the contract.<br />

5.10 Contract extension<br />

Any contract extension will necessarily change the terms and/or circumstances <strong>of</strong> the<br />

original contract. The change could be in respect <strong>of</strong> payment, fees, agreed delivery<br />

time, agreed deliverables, reporting mechanisms etc. The safest way <strong>of</strong> dealing with<br />

this on a contractual basis is to agree and raise a new contract stating the new<br />

arrangement. Any contract extensions shall be in compliance with the <strong>University</strong>‟s<br />

Financial Regulations and EU Tender Regulations.<br />

5.11 Travel expenses<br />

Travel expenses should always be negotiated into the contract sum agreed to be paid<br />

to the Consultant. On rare occasions this is not possible and it will be necessary to<br />

agree to pay daily travel and subsistence expenses on top <strong>of</strong> the contract sum. Staff<br />

are advised to use the current <strong>University</strong> travel expense allowances for staff as a<br />

guideline to what can be considered a reasonable basis for negotiations (Appendix 1<br />

for current rates), noting that expenses are revised annually. It is also important to<br />

constantly monitor all Consultant expense claims insisting that receipts are rendered<br />

with each invoiced claim<br />

5.12 Assistance<br />

Every form <strong>of</strong> assistance with any and all aspects <strong>of</strong> this contracting process is always<br />

available from any member <strong>of</strong> the <strong>Purchasing</strong> Office.<br />

6.0 Methods <strong>of</strong> payment<br />

There are only two methods which should be used to facilitate payment to suppliers,<br />

these being an Agresso purchase order / invoice or Procurement Card. When<br />

contracting with Consultants the preferred method <strong>of</strong> processing a payment will be<br />

through the Agresso <strong>Purchasing</strong>/Finance system, by the receipt <strong>of</strong> an invoice from the<br />

Consultant.<br />

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Appendix 1 (see point 5.11)<br />

Current <strong>University</strong> staff rates are available on the Travel Office web site and are revised<br />

annually<br />

Travel Subsistence Rates<br />

Please note that consultant‟s travel expenses should be negotiated as part <strong>of</strong> the overall price<br />

package <strong>of</strong>fered for the contract <strong>of</strong>fered. Use <strong>of</strong> the above as an extra to a consultancy<br />

contract should only be considered as a “special” or where extra work is to be undertaken<br />

outside the contract. The above rates are presented as a guideline only, any rates agreed<br />

should be “gross” and inclusive <strong>of</strong> VAT.<br />

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Appendix 2<br />

Advice on Differentiation between Employee and Self-Employed Status<br />

Firstly, it must be emphasised that the distinction between a contract <strong>of</strong> employment and a<br />

contract for services is very important. It affects whether a person is liable to pay income tax<br />

under PAYE, the level <strong>of</strong> National insurance contributions paid, whether a person is entitled<br />

to Statutory sick pay and whether the person has the employment protection and other rights<br />

<strong>of</strong> an employee. The difficulty for employers in making this distinction is that even when<br />

both parties explicitly agree that the contractual relationship between them is to have the<br />

status <strong>of</strong> a contract for services rather than be governed by a contract <strong>of</strong> employment, this<br />

agreement could be challenged by HMRC. Such a challenge could involve HMRC imposing<br />

expensive financial penalties. In some purported self-employment cases the HMRC has<br />

claimed arrears <strong>of</strong> PAYE from the employer on the grounds that the reality <strong>of</strong> the relationship<br />

was that <strong>of</strong> employer and employee under a contract <strong>of</strong> employment. The <strong>University</strong> wishes<br />

to minimise the risk <strong>of</strong> this situation arising and, accordingly, wishes to ensure that the<br />

contractual arrangements entered into correctly reflect the status <strong>of</strong> that relationship as either<br />

one <strong>of</strong> employment or self-employment.<br />

This issue is not merely <strong>of</strong> hypothetical interest. In a recent case a <strong>University</strong> had to defend<br />

itself at an Industrial Tribunal case brought by a person formerly engaged by that <strong>University</strong><br />

on a self-employed basis who claimed that in reality he was an employee <strong>of</strong> the <strong>University</strong><br />

and should, therefore, enjoy specific employment rights and protections. Correspondence was<br />

also issued to the same <strong>University</strong> from the HMRC querying the self-employed status <strong>of</strong><br />

another individual paid by the <strong>University</strong> on a consultancy basis.<br />

Unfortunately, there is no simple checklist <strong>of</strong> factors which allow the distinction between the<br />

two categories <strong>of</strong> contractual relationships to be safely made. The courts have made<br />

judgments on individual cases based on an overall assessment <strong>of</strong> all the relevant factors in a<br />

particular case, accepting that not all the relevant factors are <strong>of</strong> equal weight or importance in<br />

any given situation.<br />

Being employed or self employed in one job does not mean that a person will have the same<br />

status in another job. A consultant could be employed and self employed at the same time. It<br />

is the responsibility <strong>of</strong> those engaging consultants to ascertain the correct status.<br />

The HMRC do have a useful online tool to try;<br />

https://esi2calculator.hmrc.gov.uk/esi/external-cod.html which provides a series <strong>of</strong> questions<br />

for you to answer, and then provides a guide to the consultants status.<br />

Employed or self-employed?<br />

A consultant answering „Yes‟ to all <strong>of</strong> the following questions may indicate employee status.<br />

1. Do you have to do the work yourself?<br />

2. Can someone tell you at any time what to do, where to carry out the work or when and<br />

how to do it?<br />

3. Do you work a set amount <strong>of</strong> hours?<br />

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4. Can someone move you from task to task?<br />

5. Are you paid by the hour, week or month?<br />

6. Can you get overtime pay or bonus payment?<br />

A consultant answering „Yes‟ to all <strong>of</strong> the following questions may indicate self-employed<br />

status.<br />

1. Can you hire someone to do the work for you or engage helpers at your own expense?<br />

2. Do you risk your own money?<br />

3. Do you provide the main items <strong>of</strong> equipment you need to do your job, not just the small<br />

tools many employees provide for themselves?<br />

4. Do you agree to do a job for a fixed price regardless <strong>of</strong> how long the job may take?<br />

5. Can you decide what work to do, how and when to do the work and where to provide the<br />

services?<br />

6. Do you regularly work for a number <strong>of</strong> different people?<br />

7. Do you have to correct unsatisfactory work in your own time and at your own expense?<br />

The general advice is that wherever there is an element <strong>of</strong> ambiguity about the status <strong>of</strong> a<br />

proposed contractual relationship the <strong>University</strong> should commission the work under a<br />

contract <strong>of</strong> employment so as to eliminate vulnerability to subsequent challenge by either the<br />

HMRC or the DSS in respect <strong>of</strong> PAYE contributions or National Insurance contributions<br />

respectively. Please do not hesitate to contact Margaret Good, the Payroll Manager (x 2213 /<br />

MEGood@uclan.ac.uk) whenever you are in need <strong>of</strong> advice as to the appropriate nature <strong>of</strong><br />

any proposed contractual relationship.<br />

Finally,<br />

All formal <strong>of</strong>fers <strong>of</strong> employment and contracts <strong>of</strong> employment may only be issued by Human<br />

Resources (with the authority <strong>of</strong> the Head <strong>of</strong> Service).<br />

and<br />

When you propose to enter into a contract for services you must first send a new supplier<br />

account request to the <strong>Purchasing</strong> Office.<br />

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PURCHASING PROCEDURES<br />

23 PURCHASING FLOW CART<br />

Does a contract exist for the goods/services you wish to purchase?<br />

Yes<br />

Place your order by<br />

<strong>Purchasing</strong> Card or on<br />

Agresso<br />

Don‟t know<br />

Check on the <strong>Purchasing</strong> Office website<br />

buyers guide<br />

Buyers Guide<br />

or call 2223/5 for advice<br />

No<br />

How much are you<br />

spending singly or<br />

cumulatively<br />

excluding VAT?<br />

<strong>Purchasing</strong> Card<br />

Typically used for<br />

stationery, mobile<br />

phones and any “low<br />

value, one-<strong>of</strong>f”<br />

purchases. Generally<br />

limited to £1000 per<br />

transaction and £5000<br />

per month<br />

Agresso<br />

Ensure supplier set up on Agresso before ordering. To set a supplier<br />

up complete form 1 and email to purchasing.<br />

Your order should contain:<br />

Price<br />

Delivery date<br />

Delivery charge if any<br />

Delivery address<br />

Detail your name and tel no for queries<br />

Anything the supplier wishes you to quote on your order<br />

e.g. ref no‟s.<br />

Ensure that you only trade on the <strong>University</strong>‟s terms and conditions.<br />

If a supplier wishes you to accept their conditions contact<br />

<strong>Purchasing</strong>.<br />

Up to £30 £31 - £5,000 £5,001 - £50,000 £50,001<br />

upwards<br />

Petty cash<br />

or the<br />

<strong>Purchasing</strong><br />

Card<br />

should be<br />

used.<br />

Obtain an<br />

estimated price<br />

from the supplier<br />

or contact<br />

<strong>Purchasing</strong> to<br />

obtain prices on<br />

your behalf<br />

Obtain 3 written<br />

quotations on the<br />

UCLan quote<br />

form or complete<br />

<strong>Purchasing</strong><br />

request form and<br />

<strong>Purchasing</strong> will<br />

obtain on your<br />

behalf<br />

Tender<br />

procedure<br />

contact<br />

<strong>Purchasing</strong><br />

Office<br />

as soon as<br />

possible for<br />

advice<br />

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