NLP Centre of Excellence Ltd

David Johnson of the University of
Liverpool was awarded the first Annual
NWUPC Prize for “Outstanding
Contribution to Collaborative
Procurement”. David started his
career at the University of Liverpool
over 40 years ago and joined the then
Purchasing Office from Laboratories
in 1987.
This was also the year NWUPC
became a separate entity, so David
was in at the beginning taking a
particular interest in laboratory
supplies – something he has continued
to this day.
During the past 22 years David has
chaired the NWUPC Laboratory
Commodity Group, led both regional
and national contracts that have
saved the sector millions of pounds,
and has extending his expertise into
the wider purchasing remit of both the
University and the Consortium.
David is the Chair of two national
Groups – the National Working Party
for Electronic Components and the
National Laboratory Supplies Group.
In his work nationally David has the
support of all the Heads of the English
Regional Purchasing Consortia and
is much respected across the sector;
a very deserving inaugural prize
winner.
The opening speaker at this year’s
Conference was Jimmy Petruzzi, an
Olympic Performance Coach, who
kept us all enthralled and entertained
with a very inspirational talk about the
importance of positive thinking and
Neuro Linguistic Programming when
trying to reach our goals.
The programme for the day continued
with a choice of sessions including
an appearance by Max Fossard from
Liverpool John Moores University and
Florence Gregg, who proved to be as
popular as ever.
We were very pleased to see that
almost 200 delegates attended this
year to help us celebrate the 10th
Anniversary of the event. All of us
here at NWUPC would like to thank
you for turning up and helping us to
make the day special.
Congratulations to the following
delegates who all won some fantastic
prizes offered by suppliers exhibiting
at the Conference.
Jan Disley from the University of
Manchester won a DAB Radio from
Premier Paper.
Jane Dodd from the University of
Chester won a Thorntons Easter egg
from Onecall.
Jane Smith for Bangor University
won an iPod shuffle from Scientific
Laboratory Supplies.
Paul Tomany congratulations David Johnson
Tracy Williams from the University of
Chester won a Trauma Kit from Kays
Medical.
Jayne Bromley from Keele University
won a Samsung Digital Camera from
Supplies Team.
Mazurek Optical Supplies awarded
a bottle of red wine to Victoria Talbot
from Harper Adams University, a bottle
of white wine to Nick Dickens from
Stoke-on-Trent College and an Easter
egg to Jane Barlow from Manchester
Metropolitan University.
NWUPC also held a prize draw
using the feedback forms which
were issued to delegates on the day.
Congratulations to this year’s winner,
Adrian Davies from the University of
Salford!
Overall the Conference was a
complete success and our thanks
must go to the staff at the University
of Salford who were involved in the
planning and preparation of the event,
and thanks also to the staff on the day
who ensured the smooth running of
the Conference.
Plans are already underway for
the Conference next year. We
will be returning to the University
of Manchester on Tuesday 30th
March and are already planning
the programme for the day; any
suggestions for workshops are
welcome.
Feedback Draw winner Adrian Davies being presented with his prize by David Lamb.
Contracting Activities
2009 promises to
be an interesting
and extremely busy
period for the NWUPC
contracting team
and the contract
management subgroups.
Work is well underway on the
renewal of three of highest
value framework agreements;
Computer Consumables, Office
Furniture and Stationery.
Interest is expected to be
extremely high in all agreements;
therefore each tender has been
advertised via the restricted
procedure. NWUPC have almost
100% commitment with each
agreement with long successful
collaborative relationships with
the suppliers.
Computer Consumables
1st January 2010 – 31st December
2012 with the option to extend a
further year.
collaborating with CPC who will
bring an additional £2 million to
the agreement. We anticipate that
the award will go to three or more
suppliers. Interest from suppliers
has already been high.
Stationery
1st January 2010 – 31st December
2012 with the option to extend a
further year.
Recycling Bins
This is a new tendering area to
the NWUPC led by the Domestic’s
Group.
The tender documents have been
issued and work continues on the
analysis of the 7 returns.
The award criteria for this tender
includes bin features to take into
account of the ease of use for
handling and emptying of the
bins, and other features such
as graphics and bilingual text
availability. Supplier presentations
were scheduled for May with an
agreement start date of the 1st
August 2009.
Data Cabling and
Telecommunications
12th March 2007 – 11th January
2011
As agreed by the Telecoms
Group we have adopted the
CPC Framework Agreement.
There are 11 suppliers who have
been awarded the contract and
all details are available on the
NWUPC website.
The new Computer Consumables
Framework Agreement was
advertised on the 16th April, the
closing date for the Pre
Qualification Questionnaire was
the 22nd May 2009. This
Framework is accessed by all
member institutions and is worth
approximately £6 million per year.
In addition, NWUPC will be
The new Stationery Framework
Agreement was advertised on the
14th April and again this is used
by all member institutions, and is
worth approximately £4.5 million
per year. NWUPC will be looking
to award on a sole supply basis.
Again, interest from suppliers is
high.
Office Furniture
1st March 2010 – 28th February
20013 with the option to extend a
further year
This is NWUPC’s largest
Framework Agreement, with an
annual spend of approximately £7
million.
The Pre Qualification
Questionnaire has been published
to the OJEU website. Returns were
due back on the 27th May 2009.
Again, interest from suppliers has
been considerable.
Telecommunications
Equipment
1st June 2009 – 31st May 2011
with the option to extend 2×1 year.
The formal notification has been
completed. It has been awarded
to three suppliers, Nimans Ltd,
Contract Contracting
Authority
Commodity
Group
Current
Contract
Expires
Contract
Start Date
Contract
Finish Date
Possible
Extension
Computer Consumables NWUPC Computer 31/07/2009 01/01/2010 31/12/2013 1 Year
Stationery NWUPC Stationery 31/12/2009 01/01/2010 31/12/2013 1 Year
Office Furniture NWUPC Furniture 28/02/2010 01/03/2010 28/02/2013 1 Year
Recycling Bins NWUPC Domestics NEW 01/08/2009 31/07/2012 1 Year
Clinical and Chemical Waste NWUPC Domestics &
Laboratories NEW
Fixed Wire Testing NWUPC Estates NEW
Fresh/Frozen Meat and Poultry SNUPI Catering 31/05/2009 01/06/2009 28/05/2011 30/06/2013
Banking CPC APS NEW 01/07/2008 31/06/2012 None
Temporary Staff (non-academic/teaching) CPC APS 31/08/2009 01/04/2009 31/03/2012 1 Year
Sports Equipment and Clothing CPC Furniture NEW
Academic/Teaching Staff CPC APS NEW 01/04/2009 31/03/2012 1 Year
Construction Supplies – 4 lots: Brick,
Timber, Paint and Plaster CPC NEW 04/05/2009 30/04/2012 1 Year
Construction Supplies – 4 lots: Roofing and
Tiling Supplies CPC NEW 01/08/2009 31/01/2012 1 Year
Legal Services CPC APS NEW 2 x 1 Year
Treasury Management CPC NEW
Financial Software Providers CPC NEW
Land Based – Animal Feed, Fertiliser etc CPC NEW
Networking and Convergent Solution NEUPC IT 31/07/2009 01/08/2009 31/07/2011 2 x 1 Year
Lift Maintenance NEUPC Estates NEW 01/10/2009 30/06/2011 2 x 1 Year
Removals and Crate Hire NEUPC Furniture 30/09/2009
Flooring NEUPC Furniture &
Estates NEW
Lecture Theatre Furniture NEUPC Furniture NEW
Signs/Signage NEUPC Estates NEW
Hand Dryers NEUPC Domestic NEW 01/11/2009 31/10/2011 2 x 1 Year
MFD’s and Printers NEUPC/OGC Stationery NEW 01/01/2010
Rocom Ltd and Pennine Telecom
Ltd and commenced on the 1st
June 2009. All details are being
prepared and will appear on our
website.
Air Filters
November 2008 – October 2011
with the option to extend for 1
year.
We have adopted the PASA/
NHS Framework Agreement for
Air Filters. This agreement was
awarded to four suppliers; Air Filters
Ltd, Camfil Ltd, Nationwide Filter
Company Ltd and Porvair Filtration
Company Ltd providing increased
scope for members. Details are
available on the NWUPC website.
Forthcoming Contracts
Clinical & Chemical Waste
Again this is a new tender area for
the NWUPC and involves several
of the Commodity Groups.
This tender is still in the early
stages and work has begun on the
drafting of the contract documents
and specification. It is envisaged
that a framework agreement will
be in place early next year.
Fixed Wire Testing
The Fixed Wire Testing tender is
also a new tendering area. Work
is underway on the specification
in collaboration with the University
of Liverpool and an agreement
should be in place by the end of
this year.
Review Meetings
Contract review meetings
have been held for a number
of the Framework Agreements
managed by the NWUPC. These
have included the Photographic
Equipment Framework, the Audio
Visual Installations Framework,
Vehicle Hire, and the Plumbing,
Heating & Ventilation Framework.
Generally the review meetings
have proved very positive and
feedback has been extremely
encouraging from both members
and suppliers.
The Chartered Institute
of Purchasing & Supply
have been contributing
to the development of
people in purchasing and
supply for many years.
They have designed an Introductory
Certificate in Purchasing and Supply
to help anyone who would like a short
taster programme which will not only
develop and improve their skills in
the workplace but also give them a
qualification too.
In August 2008, NWUPC became
a CIPS approved centre for the
Introductory Certificate in Purchasing
and Supply. The course was then
piloted at Edge Hill University.
Louise Fairclough, Sue Wilson
and Judith Hoyle took the e-test
on 27 March 2009. David Lamb
was invigilator and Jo Kavanagh
hovered anxiously outside the Staff
Development Room until the e-test
was completed.
CIPS inform candidates of the results
2 to 4 weeks after the date of the etest,
so there was a bit of wait until
Louise, Sue and Judith were told
that they had passed the test. So
congratulation to them and thanks for
acting as guinea pigs – or should that
be trail blazers? Louise commented
that “the CIPS Level 2 Introductory
Certificate in Purchasing and Supply
is a valuable tool for anyone involved
in procurement and an excellent
foundation for further study.”
Thanks also to Edge Hill University
for allowing us to use their Staff
Development Room with particular
thanks to Louise for room bookings and
to Mike Allinson and Paul Stewart for
their support with the IT requirements
of the course.
CIPS have published the following
information for those who are keen to
know more about this qualification.
What is the Level 2
Introductory Certificate in
Purchasing and Supply?
The CIPS Level 2 Introductory
Certificate in Purchasing and Supply
covers the basic purchasing and
supply issues, fundamental principles
and processes. The Certificate
consists of four elements:
Element 1
The role and scope of purchasing.
Get to grips with the disciplines and
considerations involved in deciding
from whom to purchase your
organisation’s goods and services.
Element 2
Systems and procedures in purchasing.
Learn about the paperwork involved
in purchasing, in stock control, in
getting suppliers’ quotations and in
troubleshooting during the purchasing
timeframes.
Element 3
Working with suppliers.
This element focuses on your suppliers
and their different ways of handling
business, with working alongside new
suppliers, negotiating the best deals
with all suppliers and developing ongoing
relationships.
Element 4
The importance of purchase contracts.
Become aware of contract law and
the ways in which it determines
how your purchase agreements are
protected and how any disputes can
be resolved.
For further information about the
Introductory Certificate in Purchasing
and Supply, please contact a member
of the combined contracting / training
team.
CIPS Level 2 Introductory Certificate in
Purchasing and Supply
Judith Hoyle, Louise Fairclough and Sue Wilson are presented with their certificates by Jo
Kavanagh
Ian Jarvey of the
Procurement Office at the
University of Manchester
and Jane Hargreaves
have both achieved the
A1 NVQ Certificate in
Assessing.
Ian has been training University staff
in Supply Chain Management NVQs
under the NWUPC programme.
Director of Finance Marianne
McKenzie is pictured presenting
Ian with his certificate along with
Procurement manager Kevin Casey
and Managing Director of NWUPC
Paul Tomany.
Marianne said: ”Congratulations to
Ian. I am very pleased that he has
achieved this qualification that will
enable the Procurement Office to
train staff in NVQs in Supply Chain
Management across the whole of the
University.”
(From left to right) Paul Tomany, Marianne McKenzie, Ian Jarvey and Kevin Casey
NVQ Update
Kevin Casey, Procurement Manager,
said “Ian has done very well obtaining
this qualification whilst continuing to
keep up with his normal day-to-day
duties. The University Procurement
Office offers advice, guidance and
now training in all procurement matters
and Ian has given us another string to
our bow.”
Ian presented a seminar at our Annual
Conference on the EU Competitive
Dialogue process an area where the
University leads in the North West.
Jane recently completed her A1
Assessor NVQ which allows her
to assess NVQs in Supply Chain
Management at levels 2, 3 and
4 complimenting her work on the
NWUPC Contracting Programme.
With Jane’s success the whole
contracting team are now also NVQ
assessors and the previously separate
roles will be combined. Training will
now take place as part of the ongoing
and expanding contracting work with
NVQ candidates encouraged to play
a part in NWUPC and institutional
purchasing activities.
Further information on NVQs can be
found in the training section of the
website or by contacting a member
of the combined contracting / training
team.
David Lamb congratulates Jane Hargreaves
10
Commodity Group Update
Mike Haslin presents Peter Brewer with his Season Ticket
It’s great to be able
to report that we now
have a full complement
of Chairs and Deputies
on our Commodity
Groups and as always
we are most grateful to
everyone who gives up
their time to fulfil these
important roles.
Latest ‘victim’ (or should that
be recruit?) is Phil Lord, House
Services Landscape Officer at
the University of Manchester, who
has taken over the position made
vacant by the departure of Alan
Tunnicliffe as Chairman of the
Domestic Services Group. Phil’s
role at Manchester covers a broad
remit, which means that he is
something of an authority on most
areas coming under the Domestic
Services umbrella from cleaning
materials to recycling bins. He
will be ably assisted by Christine
Shepherd from MMU, the new
Deputy Chair. Yvonne Williams,
Domestic Services Manager from
Bangor will be stepping down from
this role to concentrate on her
studies and our sincere thanks
go to Yvonne for all her hard
work and support on behalf of the
Group over the years. Can I also
take this opportunity to extend our
thanks to Phil and Christine for
agreeing to take on these roles.
It is also perhaps significant
therefore that the Domestic
Services Group will be heading
‘across the water’ for the first
time when our summer meeting
takes place at the University of
Ulster. We appreciate the effort
that our Northern Irish members
make to attend meetings on the
mainland so feel it is only fair
that we occasionally save them
the journey and head over to the
province to hold our meetings
there. The fact that we really enjoy
our trips over to Belfast is purely
incidental!! There will be a further
two meetings hosted by Queen’s
in 2009 – Stationery in June and
Laboratory in November, for which
we are hopeful of an excellent
turn-out!
Members of the APS Group
recently acknowledged their
longest standing member,
Crescent Purchasing Consortium
Managing Director Peter Brewer,
who will be standing down from
the Group to pursue other interests
within CPC. Peter has given over
20 years’ service to the Group, as
well as, at some point over the
years, been a member of every
other Commodity Group within
NWUPC and a previous Chairman
and Professional Advisor to the
Audio Visual Group. Peter’s most
recent responsibilities included
membership of the Consortium’s
Strategy Group and his invaluable
contribution to the NWUPC was
recognised at a lunch held recently
in his honour at Technology House,
Salford, which was attended by
purchasing stalwarts past and
present and included staff of both
CPC and NWUPC, ex Head of
Procurement at the University
of Liverpool Geoff Beard and ex
NWUPC Company Secretary
David Cowan.
Mike Haslin warmly thanked Peter
for all his hard work and support
for the NWUPC over the years
and presented him with a 2009-
2010 season ticket for his beloved
Huddersfield Town FC as a mark
of our appreciation. On behalf
of all Central Team staff and our
members who have worked with
Peter over the years, we would like
to extend our very Best Wishes to
him (and Huddersfield Town!!) for
the future.
E N P C
11
English National Purchasing Consortium News
In the current economic
climate the public
sector, including higher
education, is going to
experience challenging
times in terms of
squeezed resources
both financial and
human.
The purchasing consortia exist to
deliver both process and real cash
savings to their member HEIs.
ENPC has collated the results of
last year’s cash savings as in the
table below.
We are now working on expanding
our contracting activities and
offerings to members in a
number of ways with the aim of
increasing both types of savings.
Each of the Consortia is looking
to expand their contracting
activities at regional, interregional
and national, be that via
ENPC or the whole UK, levels.
Efforts are also being made to
ensure maximum commitment
to collaborative contracts as
this is the ideal way to gain both
leveraged cash savings and
reductions in process costs. In
this we will be working with our
members to provide them with
the confidence to use all the
deals available to them.
We have also entered into
the second annual Marketing
Agreement with Buying Solutions
(formally OGC buying solutions)
to ensure those agreements
that provide HEIs with value for
money are supported by the
consortia. This cross-sector
collaboration extends to having
HE representatives on the working
parties set up by the Buying
Solutions category management
groups that instigate the contracts.
In this way the needs and
peculiarities of HE are identified
early in the tendering process to
ensure the final agreements meet
our requirements.
Other ‘back room’ work has seen
the four ENPC members produce
revised terms and conditions
of contract for both goods and
services that will be used for all
collaborative work in ENPC. These
new T & Cs have been drafted
by one of CIPS acknowledged
experts and checked by solicitors
with extensive experience of HE.
The costs and work involved in
this process have been shared
by the ENPC members, a good
example of working for mutual
benefits using a ‘shared service’
methodology. All of this work is
aimed to ensure our members
receive direct, measurable
cash and process cost savings
from cooperation in operational
activities and collaboration in
contracting.
English National Purchasing Consortium (ENPC) for HE
Consortium Expenditure via Consortia
Cash Saving Year Ending
July 2008
London Universities Purchasing Consortium £200,600,000 £15,300,000
North Eastern Universities Purchasing Consortium £123,800,000 £7,800,000
Southern Universities Purchasing consortium £159,706,000 £27,556,111
North Western Universities Purchasing Consortium £79,470,238 £8,576,950
Totals £563,576,238 £59,233,061
12
Jennifer Wolstenholme
has been appointed
as the Director of
Procurement at Bangor
University, a new post
created after a review
of purchasing. Jennifer
was previously the
Head of Purchasing
at Manchester
Metropolitan University
from where she
moved to Wylfa Power
Station on Anglesey as
Purchasing Manager.
After three years outside of
HE are you glad to be back
in the sector?
Yes although I enjoyed my time
at MMU I moved out of the sector
for both professional and personal
reasons – especially to be closer to
the sea given my interests in scuba
diving and sailing. I feel that my
recent experience outside HE has
added to my skills and knowledge
and I can now bring that to my new
post in Bangor and hopefully to the
wider Consortium as well.
“I feel that my recent
experience outside HE
has added to my skills and
knowledge”
What was your role in the
Nuclear Power Station on
Anglesey?
I was Purchasing Manager
and managed a team who are
responsible for the procurement
of critical plant spares and plant
maintenance contracts.
Interview with Jennifer Wolstenholme
It’s a new post at Bangor
- what are you looking to
achieve?
Bangor has ambitious plans both
academic and with its physical
infrastructure and I see my role is
to be involved at the strategic level
helping the University obtain the
best value for money in a variety
of project areas. As a first step I
am writing and implementing a
new procurement strategy across
the University that aims to engage
with senior management. The
emphasis is on the important part
procurement can play in all areas
of external expenditure.
As well as my new Director of
Procurement post there have
been other developments at the
University with Dewi Hughes
changing roles – he will now
oversee the infrastructure projects
as Director of Programme
Management – and we have a
new Director of Finance – Mike
Davies.
“The emphasis is on the
important part procurement
can play in all areas of
external expenditure”
Have you identified any
immediate areas that could
benefit from your ideas?
Due to the current economic
climate Bangor is tasked with
making significant financial
savings. The procurement of
Library supplies is an area of
significant expenditure and
attention will be focused on
the opportunity to join with
either the English National
Purchasing Consortium or the
Welsh Purchasing Consortium
arrangements where appropriate.
In any case I am hoping that
Bangor University will be a
significant contributor to the
future of library procurement in
the Higher Education sector.
Jennifer Wolstenholme and Paul Tomany pictured at the NWUPC Annual Conference
13
Apart from the NWUPC are
there other collaborative
groups in Wales that
Bangor is working with?
Yes we have contact with Value
Wales and the North Wales public
sector group that includes the local
authorities and health trusts and
where it is appropriate we look to
work with these bodies. However
much of the way the University
operates has more in common
with other HEIs and I expect we
will continue to look to NWUPC
and the HE sector for most of our
collaborative supply contracts.
Will you be joining the APS
Group?
Yes, and I’ll be at the July
meeting. I want to pay tribute to
Mike Montgomery for all his past
work and for representing Bangor
on the APS Group. Mike will be
staying at Bangor working as part
of the procurement team and, if
I’m unable to attend APS, Mike
will deputise for me. Mike will be
staying on the other Commodity
Groups he’s a member of so the
Consortium will still be seeing
him.
Do you feel your appointment
is significant for the wider
HE procurement
community?
Well, it is significant in Bangor
and, as I understand that Glyndŵr
University has recently appointed
their first Purchasing Officer it
seems to show that, in HE in
Wales at least, the procurement
profession is being recognised as
having a more important part to
play than in the past. I intend to
build on this by reaching out to all
those with buying responsibilities
in the University to provide not just
help and advice but also a network
that can spread best practice and
raise both the awareness and
profile of procurement. I have the
support at senior levels to do this.
“the procurement profession
is being recognised as
having a more important part
to play than in the past”
Is there anything you miss
about working in the city of
Manchester?
Friends and colleagues and
probably the shops – it’s quite
a drive to go shopping for even
basic essentials from my new
home and if you remember Paul
the last time we saw each other
(the penultimate day Jennifer
worked in Manchester) I was on
my way to do some last minute
shopping!
Well thanks for this and
welcome back!
I look forward to working and
meeting up with both new and
old colleagues in the months to
come.
14
Continuing Professional Development
The CPD programme
goes from strength
to strength with Mike
Haslin putting together a
programme which is both
popular and relevant.
Legal Aspects of Procurement
Presenter: Mike Keane
8 December 2008
December saw the ever-popular Legal
Aspects of Procurement session
presented by Mike Keane. Mike
continued to inform and entertain
delegates evidenced by the feedback
received.
“First rate session”
“Very well organised event”
“Excellent presenter”
“Really good session, learnt a lot
about the legal side of purchasing”
“Enjoyable course with very useful
information”
“All very useful, good anecdotes from
real life examples”
“I am developing my role, this will
help me introduce aspects to improve
processes”
“Increased awareness of what is
possible”
“Highlighted many issues not aware
of but should now be considered”
“Florence brought humour to a very
complex subject”
“Good value for money course”
Managing Risk
Presenter: Jenny Radcliffe
28 April 2009
Jenny presented an innovative
approach to risk with a high degree of
delegate interaction which proved to
be very successful.
“A very enjoyable seminar and a
friendly welcome by NWUPC on
arrival”
“Realistic and useful practical
examples expressed well”
“Jenny’s sense of humour and clear
explanation of topics”
“Very well delivered course, which
was most enjoyable”
Contract Management
Presenter: Shirley Lewington
29 January 2009
Shirley Lewington’s session on
Contract Management was well
received, with delegates rating it as
enjoyable and thought provoking.
The session included both theoretical
and practical examples from prior
experience.
Managing the Tender Process
Presenter: Mike Haslin
26 February 2009
Our very own Mike Haslin presented
this session which proved very
popular. Mike’s in-depth coverage
of the tender process was much
appreciated by delegates.
“The fact that we got an overview of
all aspects of tendering and have the
opportunity to attend more detailed
seminars in each subject”
“The breakdown of the tender
process was very informative and well
delivered”
EU Directives
Presenter: Florence Gregg
24 March 2009
Like Mike Keane, Florence Gregg has
the knack of making complex issues
simple to understand and is able to inject
humour into a serious and dry subject.
“A really good session with great
examples, very informative and a sound
overview”
Tender Evaluation
Presenter: Florence Gregg
21 May 2009
Another well received course
presented by Florence. The session
looked at the evaluation process and
provided delegates with practical
hints on how to make the right award
decision.
15
“This was a good course with a trainer
who has sound knowledge of subject
area”
“It was all extremely useful, particularly
being given real life examples”
“Excellent presenter, warm, funny and
very knowledgeable”
“I thought Florence was a very
informative and interesting speaker
and I learnt a lot from her”
Future sessions:
The following sessions have been
planned:
Negotiation Tactics 10
Advanced Skills
Presenter: Jenny Radcliffe
University of Manchester
25 June 2009, cost: £125
This course is intended for those who
have some experience or training in
negotiation techniques and would
appreciate a practical overview of
the ten most commonly used tactics
and techniques in the broad field of
negotiation.
assistants – and will introduce key
areas of procurement
Legal Aspects of Procurement
Presenter: Mike Keane
University of Salford
18 September 2009, cost £125
This course is aimed at those who
already have some knowledge of law
and wish to extend and update it.
Topics covered will include the law of
negligence and intellectual property
rights.
Introduction to Procurement
Presenter: Jo Kavanagh
University of Central
Lancashire
23 July 2009, cost £75
This course is aimed at people who
are new to purchasing – departmental
buyers, finance and purchasing
Contract Law
Presenter: Mike Keane
University of Salford
4 December 2009, cost: £125
Perhaps the most popular session on
the programme, the course provides
an introduction to the legal aspects
of procurement and will cover areas
such as the battle of the forms and the
Supply of Goods and Services Act.
A copy of the CPD programme may
be downloaded from our website:
www.nwupc.ac.uk
For more information please contact
Sue Wilson on 0161 277 5613 or
email: sue.wilson@manchester.ac.uk.
Sustainable Procurement
Presenter: Shirley Lewington
University of Manchester
20 October 2009, cost: £125
The course is aimed at those
people wishing to understand the
role sustainability can play in the
procurement process. The content is
suitable for both procurement officers
and delegates with responsibility for
environmental issues.
Financial & Supplier Appraisal
Presenter: Jenny Radcliffe
Liverpool John Moores
University
12 November 2009, cost: £125
This course is aimed at buyers who
perhaps do not enjoy the financial
elements of their job or have maybe
struggled to understand ratios and the
like in the past. The course is taught
sympathetically by a fellow numberphobic
at an easy to understand and
gentle pace.
16
Established in 1990
Universal AV Services
remain committed to
developing long standing
relationships within the
Corporate, Education
and Public Sectors. Our
reputation is based upon
a wealth of knowledge
and resolute customer
focus to deliver quality
solutions.
From our Head Office in Bradford,
our Regional Office in Newcastle and
key personnel strategically placed
throughout the country we feel we
are in the ideal position to promote
both our products and services
on the NWUPC framework for AV
installations.
Universal are proud members of
both the NWUPC and the NEUPC
serving universities from the Scottish
border down to the Midlands and
North Wales. We are also approved
suppliers to the CPC serving Further
Educational colleges nationally and
the Yorkshire Purchasing Organisation
(YPO) who cater for schools, local
and central government bodies in
many regions. Add to this some high
profile Corporate Clients, we feel we
have a solid database to continue our
development.
Submerged in great technology, which
has developed dramatically over the
last nineteen years our vision and
belief has remained the same. We
endeavour to treat our customers in a
professional manner, deliver what we
promise and believe this will ensure
continuity of business.
This philosophy has enabled us to
develop in line with the industry and
boast an increased turnover of £8.75
million in 2008 employing 64 people,
an achievement we are proud of and
Profile Universal AV Services Limited
describe as a success story. Just
like any organisation its success is
its people, many of whom received
recognition for 10 years service at our
last annual conference. We believe
in the investment of training and we
open our doors on a regular basis
to our key supply partners to ensure
our sales and technical staff are kept
abreast of the latest technology.
Our work in the North West is still in
its infancy but is being built on strong
foundations. If you feel you wish
to know more about us, the strong
portfolio of products we boast and the
skills we use to back them up please
contact Sharon Flanagan on 0161
763 6842 or sales@uniav.com.
For further information about the
Audio Visual Installations framework
agreement, please visit the NWUPC
website – www.nwupc.ac.uk, or
contact one of the contracting team,
details can be found at the back of
the Newsletter.
17
Supplier Exhibition at Keele University
NWUPC attended the
recent supplier exhibition
held at Keele University
in the new Ballroom
located in Keele Hall. This
was the third supplier
exhibition that Keele has
organised and it proved
to be a great success
with over 200 members of
staff attending the event
throughout the day.
In fact, many of the suppliers exhibiting
at the event found themselves
running low on information packs
and promotional items for delegates.
Supplier exhibitions held at member
institutions are a perfect opportunity
for the central team to meet buyers
and end users from the institution.
It gives us a chance to answer any
questions they may have about the
contracting programme and suppliers,
and to find out if there are any areas
that we can improve the service that
we offer to our members.
We are also able to remind people of
the training opportunities that exist
for staff members from the institution
through the Consortium, including
the NVQ qualifications and the
training sessions on the Continuing
Professional Development (CPD)
programme. These one-day sessions
cover a broad range of topics for
procurement staff at all levels. See
the article on the CPD programme for
more information.
NWUPC are happy to attend supplier
events organised by members; in
addition, we are also continuing with
our Road Shows held at member
institutions. Organised in conjunction
with the Procurement Department,
these events are an opportunity
to update staff about procurement
activities within the institution, provide
information about NWUPC activities
and procurement within the sector
generally and offer procurement
training to staff that attend the event.
If you are holding a supplier exhibition
at your institution and would like
the Consortium to attend, or if you
would be interested in holding a
road show then please contact Andy
Wojciechowski on 0161 277 5614 or
email: andy.woj@manchester.ac.uk.
Andy Wojciechowski, Linda Sutton, Lorraine Bunting and Rachael Howe at the Keele Supplier
Exhibition
18
The European
Ombudsman has been
considering a case that
throws light on the factors
that will be considered
when a challenge is
brought that alleges
that the decision of the
awarding authority is
commercially unsound.
In September 2007, the European
Parliament issued a call for tenders
for restoration, renovation and
repair works to be carried out on the
European Parliament and European
Commission building in Malta. On
7 February 2008, the Parliament
informed the complainant that its
tender had been rejected because it
did not receive the highest total number
of points. Additional information
regarding the reasons for the rejection
were provided to the complainant on
request in March 2008.
The complainant lodged a complaint
with the Ombudsman alleging that
Parliament failed to provide plausible
reasons for the rejection of its tender.
The Ombudsman first noted that it
is for the administration organising
a call for tenders to assess whether
the applicants fulfil the conditions laid
down in a call for tenders and to carry
out the comparative assessment
of bids. It is the Ombudsman’s role
simply to examine whether that
administration’s assessment was
“manifestly unreasonable”.
The tenders in question were assessed
according to three criteria:
• The eventual bid winner offered
a price that was approximately
5% higher than the complainant’s
offer. The Ombudsman, therefore,
considered it appropriate that the
Parliament had scored the winner’s
bid approximately 5% lower on this
criterion.
• The Parliament awarded the
complainant fewer points for
this criterion on the grounds
that its organisational structure
would be totally dependent on its
subcontractors. The Ombudsman
considered this to be reasonable.
A contractor’s decision to carry out
work itself or subcontract it and
then manage the subcontractors
clearly relates to the methodology
and the organisation and planning
of a contract. The complainant’s
bid revealed that it would rely on
a whopping 17 subcontractors,
whereas the winner would only use
seven. The Ombudsman agreed
that this difference suggested
that it would be more difficult for
the complainant to co-ordinate the
execution of the contracted work.
The Parliament’s consideration
that such dependence on
subcontractors was relevant in the
award of the tender was entirely
reasonable.
The Ombudsman also agreed with
the Parliament’s conclusion that the
profile of the eventual winner better
suited the requirements of the tender.
• The complainant argued that the
fact that the winning company’s
project manager was the director
of a large construction company
that went bankrupt should have
been taken into account. However,
the Ombudsman did not consider
this fact decisive. Neither the
project manager nor his company
were tenderers in this procedure.
There were no allegations that
the winning company had failed to
comply with its legal obligations.
The Ombudsman, therefore, did not
find any instance of maladministration
in relation to the complainant’s
allegations and effectively restates
what we already knew which is that
challenges to commercial decisions
struggle to bear fruit. The use of the
words “manifestly unreasonable” give
an indication of quite how obviously
flawed the decision would have to be.
Commission gets tough
Three cases this month of the
Commission baring it’s teeth:
1) Irish procurement lacks openness
The Commission has determined that
Contract Law – Steering a Course Through the
Decisions to Award
Martin Vincent, Mace & Jones
19
a procedure for awarding a contract
for the provision of interpretation
services by the Irish Department of
Justice infringes the principles of
equal treatment and transparency.
In particular, the Commission claims
that the Department of Justice
attributed weightings to the award
criteria to be applied to assess
bids after the closing date for the
submission of the bids and then
modified these following an initial
review of the bids submitted. This
meant that the Department of Justice
changed the emphasis and relative
importance of the award criteria from
the position as advertised and from
what a tenderer could understand
from the contract documents.
2) Commission 2 – Germany, 0 A score
line we can all relate to
A) In 2003, the German City of Hamm
awarded a contract to Lippeverband
for the provision of waste water
collection and disposal services. The
contract was not advertised and there
was no competitive tender procedure
prior to its award.
Lippeverband is owned in part by the
public sector and in part privately.
Germany claims that the City of
Hamm did not award Lippeverband
a contract for the purposes of the
public procurement rules. Rather
it claims that there was a transfer
of public functions to a body which
had been established specifically
to perform some of the tasks under
the State Water Law of North-Rhine-
Westphalia, in effect pleading the
Teckal defence.
The Commission has determined
that as Lippeverband has mixed
public-private membership it cannot
be considered to be part of the
organisation of the German public
administration to which public
functions can be transferred. Further,
Lippeverband receives payment from
the City of Hamm for the performance
of the services.
The Teckal judgement specifically
said that public / private partnership
was not a bar to using the Teckal
defence. In that case, the private
ownership was a small fraction of the
overall corporation whilst in the instant
case with proportion of the private
ownership is greater.
The Commission has concluded that
there has been an award of a services
contract for remuneration which should
have been tendered in accordance
with the public procurement rules.
B) Germany owns just over 50% of
juris GmbH, the leading provider of
legal database services in Germany.
juris GmbH operates the juris database
which contains a large library of Federal
and State law, administrative rules,
case law and legal journal articles.
Under a co-operation agreement with
the Federal Government, juris GmbH
is required to maintain and operate its
legal information system and to provide
all federal authorities with access to
it, for an annual fee. Under the same
agreement, juris GmbH exclusively
receives legislative documents and
judgments in a specially edited form.
During the course of its partial
privatisation in 2001, the cooperation
agreement with the
Federal Government was revised
and amended. The Commission
considered that this modification
altered the essential terms of the
agreement such that it was, in effect,
a new agreement which should
have been tendered. The award of
the contract to juris GmbH, in the
absence of a competitive and open
tender procedure to select the private
partner for the provision of the legal
database services, breached the
procurement rules.
It gets worse, because in 2006, 13
federal states awarded contracts to
juris GmbH for legal database services
on the basis of a negotiated procedure
without any prior publication or call for
tenders.
Germany claimed that juris GmbH
was the only realistic provider of these
services and that it was therefore
justifiable for the contracts to be
awarded without prior advertisement.
The Commission, however, does not
accept this argument. It considers that
the contracts with juris GmbH should
have been awarded using the open
or restricted procedures, following
advertisement in accordance with the
public procurement rules.
Martin Vincent
Head of Education Division