Selling to the council A guide for suppliers

Selling to the Council

A guide for suppliers

Selling to the Council

A guide for suppliers

Foreword As the lead Councillor and Cabinet Member responsible for Swansea Council’s commercial activity it is my pleasure to introduce this guide which provides an overview of how we in Swansea work with our suppliers to procure our services and goods. We look forward to working with you to ensure that Swansea benefits from the best solutions that are available as we work continuously to improve Swansea as a place for all our community to both live and work.

We consider supporting local businesses to be essential to the future of the City and County of Swansea and so hope that this guide will be of use in explaining ‘how to do business with Swansea Council’.

Chris Williams Head of Commercial Services

Cllr David Hopkins Cabinet Member for Delivery

The main purpose of this document is to provide existing and potential suppliers with guidance and information about the Council’s procurement processes and help suppliers to increase their chances of bidding for and finding out about Council tendering opportunities.

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Swansea Council Contents 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0

About this guide........................................................................ 3 About Swansea Council............................................................ 3 Why do business with Swansea Council?.................................. 4 Finding out about contract opportunities................................... 5 What Rules & Regulations must the Council follow?.................. 6 Does the Council use framework agreements?.......................... 7 Tendering for Contract............................................................... 8 Consortia and Collaborative Bids............................................... 11 Contract Management............................................................... 11 Welsh Language........................................................................ 11 Local Suppliers.......................................................................... 12 Community Benefits / Beyond Bricks and Mortar...................... 12 The Wellbeing of Future Generations (Wales) Act 2015.............. 13 Business Wales......................................................................... 14 Tips on Tendering...................................................................... 14 Contacting us............................................................................ 15 Useful Websites......................................................................... 15 Useful Contacts......................................................................... 16 The Commercial Team............................................................... 17

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Selling to the Council

A guide for suppliers

1.0 About this guide

2.0 About Swansea Council

This guide has been produced to help suppliers and contractors who wish to supply Swansea Council with goods, services or works and it will:

Swansea is the second largest city in Wales and the regional commercial centre for South West Wales and covers a land area of 379.7 sq. kilometres with a population of approximately 246,500 people and 108,200 households.

• help suppliers understand how the Council procures goods and services.

• identify the types of goods and services procured.

• identify where we advertise and place notices.

• outline the processes the Council must follow in purchasing goods and services i.e. quotations, tendering procedures and awarding of contracts.

As the Council purchases goods and services using public money, there is a strict requirement to achieve best value, at the same time as ensuring openness and fairness among suppliers wishing to sell to us.

To achieve these requirements, all contracts awarded must comply with the rules laid out in the Council’s constitution (known formally as the Contract Procedure Rules) as well as other key statutory provisions and EU public procurement directives (e.g. the Public Contract Regulations 2015).

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The Council spends on average over £250 million a year on a diverse range of goods, works and services from external organisations. The Council has implemented a Category Management approach to organising its spend, this is a strategic method of procurement by means of grouping together related products and services and organising the resources of the procurement team to focus on the organisations spend in specific categories.

The Council has 9 categories of spend and these are grouped into 3 overarching categories: Social Care, Environment and Corporate Resources.

Swansea Council

7% Constr Materiauction ls

al

26 %

CIAL SO

Ed Chi ucati ld S on oci and al C are

oci

9%

%

21

The Council is committed to ensuring that its procurement activities are undertaken efficiently, legally and ethically whilst contributing to the economic, social, cultural and environmental well-being of the residents of Swansea. Generally, decisions are made not just on the basis of lowest cost but on value for money; taking into account quality factors and whole life costs for example. All suppliers are treated equally and assessed on the merits of their tender by evaluating it against stated award criteria.

S ult Ad re Ca

ate por Cor eds Ne

n ctio u r nst s Co rvice Se

ENT NM RO

Facilities 7% Manage ment

CARE

9%

EN VI

sional Profes es

rt po ns t Tra Flee &

%

3% ICT

6% Servic

E 12

CORPO RA T

The Council’s categories of spend are set out in the following chart:

3.0 Why do business with

Swansea Council?

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Selling to the Council

A guide for suppliers

4.0 Finding out about contract opportunities In order to view current contract opportunities and to respond to the opportunities published by the Council you will need to register your organisation on Sell2Wales and eTenderWales (see links below). The Council use this method of publishing contracts as per the Wales Procurement Policy Statement (WPPS).

Sell2Wales is a free online service to help you find information about contracts and opportunities with the Council and other Welsh public sector bodies. You can use Sell2Wales to: • search for current contract opportunities.

• receive alerts for new opportunities and RFQ’s (requests for quotes).

• link to other procurement portals to conduct your tenders (see eTenderWales below).

• view PIN’s (Prior information notices) and future opportunities.

• find contact information and profiles of other public bodies.

During the registration you will be asked to select categories, it is essential that you select the categories that are relevant to the goods, works or services that your organisation provides in order to receive relevant alerts.

Please see www.sell2wales.gov.uk eTenderWales is used by the Council for the submission of all electronic tenders. This is an electronic tendering system which allows suppliers who are registered on the site to download tender documentation and submit tender responses. You will need to be registered if you wish to access and download a tender that has been advertised, please follow the link below to register: https://etenderwales.bravosolution.co.uk If you require any assistance with registering or have any queries about the site, please contact the Helpdesk on Bravo Solutions Helpdesk: 0800 368 4850 or email help@bravosolution.co.uk. Alternatively, please contact Business Wales for free help and support (funded by the Welsh Government).

Please note that there is no charge for registration on either of these websites.

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Swansea Council 5.0 What rules and regulations must the Council follow?

The Council has an obligation to ensure that all procurement is conducted in an appropriate manner that achieves best value for the Council while ensuring that current procedure rules are followed.

Procurement is usually led by the Council’s Corporate Procurement team and by an appropriate Category Manager (sector specialist).

All invitations to tender and requests for quotation issued by the Council are subject to the rules and regulations laid down in our internal contract procedure rules and by directives and legislation set out in the European Union (EU) Procurement Directives and UK law. The Council has a legal requirement to comply with the EU Procurement Directives, which govern the way in which public sector procurement is conducted for contracts over the EU thresholds below. You can view the Council’s Contract Procedure Rules (CPR) here https://democracy.swansea.gov.uk/ ieListDocuments.aspx?CId=546&MId=7394&Ver=4&Info=1&LLL=0

The current EU thresholds (values effective from 1st January 2020 for two years):

Type of Contract

Threshold

Service & Supply

£189,330

Works

£4,733,252

Social and other specific services

£663,540

Contracts below these values do not need to comply with EU procedures but must comply with the Councils Contract Procedure Rules, and with the principles of Transparency, Proportionality, Non-discrimination and Equal Treatment.

This guide recognises the withdrawal of the United Kingdom from the European Union (“Brexit”) and any consequent effects of Brexit on relevant procurement policy and legislation. This effect is unknown at present but will be constantly monitored by the Council.

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Selling to the Council

A guide for suppliers

Different contract values are subject to different procurement processes according to the Council’s Contract Procedure Rules. Table 1 below sets out the procedures the Council will follow depending on the value of the contract.

Table 1 Procurement Processes Under £10,000 <£10,000 Quotation or Tender Process

Advertising

Goods & Services £10,001 £25,000

Quotations carried out by Buyers within service areas and will usually send a request for quotation via email Best value consideration Not normally advertised, Buyer discretion as to whether the opportunity is advertised

Invite a minimum of 4 quotations

Buyer discretion as to whether the opportunity is advertised

Works

Above EU Threshold

£25,001 £140,000

£140,001 EU Threshoid

£10,000 £140,000

£140,001 £500,000

£500,001EU Threshold

Quotations

Tender

Quotations

Tender

Tender

Tender

Invite a minimum of 4 quotations

Tendering procedures apply

Invite a minimum of 4 quotations

Tendering procedures apply

Tendering procedures apply

EU Directives apply

Openly advertised on Sell2Wales

Four quotations shall be sought from appropriate suppliers using Sell2wales or suppliers registered on Construction Line

Openly advertised on Sell2Wales or alternatively tenders shall be sought from Suppliers registered on Constructionline

Openly advertised on Sell2Wales

Adverts must be published in the Official Journal of the European Union (OJEU) via Sell2WalesWorks

Openly advertised on Sell2Wales, with exceptions allowed

by Procurement

6.0 Does the Council use Framework Agreements?

Where appropriate, for certain goods and services the Council may implement framework agreements with a number of suppliers under which the Council can ‘call off’ those goods and services at pre-agreed rates, at the appropriate time. Framework agreements set out the broad

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terms and conditions on which the call off contracts are based upon, framework agreements can have a single supplier or multiple suppliers and for a maximum duration of up to 4 years, as per the Public Contract Regulations 2015.

Swansea Council The selection of suppliers within these agreements will be subject to all of the rules governing advertising, invitations to tender, qualification and evaluation as set out above. Selection of the supplier for a specific contract from a framework agreement may be subject to a further competition, this means conducting an exercise among those suppliers appointed to the framework agreement.

The Council also uses frameworks from other buying consortiums such as the National Procurement Service (NPS), Crown Commercial Service (CCS) and ESPO to purchase goods and services to gain best value.

Dynamic Purchasing Systems (DPS) A DPS is similar to a framework agreement but permits new suppliers to join at any time during the DPS, provided the supplier meets the selections criteria. A DPS has a different process to follow and the Council will be clear within tender documentation if we are using one of these agreements, and provide full guidance to suppliers.

7.0 Tendering for contracts The following provides the overarching steps that are followed by the Council to select and appoint a supplier:

1

2

Notify suppliers Suppliers about contract complete tender opportunities documentation

3

4

Submission of response and evaluation

Contract award

1. Notify Suppliers about contract opportunity The Council can notify suppliers of a contract opportunity in one of two ways. The Council will either: 1. Issue a Request for Quotation notification by email by selecting appropriate suppliers to quote in accordance with table 1 in Part 5 above, or 2. Place an advert on Sell2Wales/Official Journal of the European Union (OJEU) detailing the requirement which any supplier can view. The advert will contain specific instructions to the supplier on how to obtain the procurement documents and how to submit a response.

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Selling to the Council

A guide for suppliers

Perspective suppliers will need to register with Sell2Wales and eTenderWales in order to access the relevent documentation and receive notifications of contract opportunities.

2. Suppliers complete tender documentation Dependant on the value of the contract, the Council will either issue a Request for Quotation (RFQ) or an Invitation to Tender (ITT).

An RFQ and ITT are quite detailed but it is not intended to discourage potential suppliers from tendering for the Council’s business. Rather, it is designed to help the Council to make formal checks of the business to assess its suitability, experience and expertise, and financial stability as a potential supplier to the Council.

Broadly, the Council will ask for information about the following (however, this may be different for specific contracts): • Supplier acceptability: mandatory grounds for exclusion on the basis of offences such as bankruptcy, fraud, bribery, insolvency.

• Technical capability and capacity of the organisation (e.g. relevant experience, qualifications etc.).

• Economic and financial standing.

• Insurances: evidence of minimum levels of Employer Liability, Public Liability and Professional Indemnity insurance.

• Other aspects including Welsh language, safeguarding, sustainability, health and safety, equal opportunities and management.

This is normally referred to in Swansea as the Supplier Suitability. The Council has adopted the European Single Procurement Document

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(ESPD). The Council will use the ESPD together with questions from the Supplier Qualification Information Database (SQuID) to determine which suppliers are most suitable and qualified to be selected to submit a tender or quotation. If suppliers meet the requirements above they will progress to the evaluation and award stage of the process.

Most Councils and other public bodies and indeed other businesses will request similar information as part of their tender process so it is advisable to prepare the necessary documentation in advance and have it available to make it easier and quicker to complete when responding to an invitation to tender or request for quotation.

The RFQ and ITT will include details of the Council’s requirements for the particular contract including: • a description of the services, supplies or works being procured (specification of the requirements) • the procurement timetable including the tender return date and time • details on how the tender is to be submitted (i.e. via eTenderWales) • instructions on whether any variants are permissible • terms and conditions of contract • form of tender • evaluation criteria or award criteria (price/quality) • pricing mechanism • method statement questions (asking about how the requirements will be delivered) • whether TUPE is likely to apply • any further information which may assist suppliers in preparing submissions.

Swansea Council 3. Submission of response and evaluation The instructions for submitting tenders and quotations will be included within the documentation. Supplier’s completed responses must be submitted in accordance with the instructions within the RFQ or ITT and by the closing date and time specified. Suppliers must ensure that all documentation is completed and submitted as well as any other additional information the Council has requested as part of the procurement process. No tenders or quotations received after the specified closing date and time will be considered. A nominated Officer of the Council will open all tenders and quotations after the closing date and time.

All tenders and quotations shall be evaluated in accordance with the criteria set out in the procurement documents. Tenders and quotations can be evaluated on either: • Price/cost (lowest price score); or • Quality (highest quality score); or • Price/cost and quality.

Price and quality is used for the majority of contracts and this is known as the Most Economically Advantageous Tender (MEAT) with weightings assigned to price and quality and the two elements are evaluated separately. Each element will be given a maximum percentage score, which is weighted according to the relative importance placed upon it. There is no fixed balance between the two; it varies between each procurement exercise and depends upon the type of good or service being sought.

The evaluation of the method statement questions is based on the supplier’s response to how the requirement will be delivered as opposed to the ESPD which is evaluating the suppliers capability and capacity derived from past experience.

4. Contract Award The Council shall notify all suppliers submitting a bid of the outcome of the procurement process, both if you have been successful or unsuccessful. If the procurement process is an OJEU tender the Council is legally required to observe a 10 day standstill period.

Will unsuccessful suppliers receive feedback? Unsuccessful suppliers are entitled to receive feedback on the outcome of the procurement process and contract award including how their submission was scored in comparison with the successful supplier. Please note the Council will not disclose any commercially sensitive information in relation to the successful supplier’s tender.

Successful suppliers will be invited to enter into a contract on the terms and conditions specified in the procurement documents. This will be either in the form of a standard form contract or the Council’s standard conditions of contract. Generally, the Council will not consider any amendments to the contract terms and conditions, either at tender submission stage or on award of contract. Any submissions that attempt to vary the terms and conditions will be treated as non-compliant and so not considered.

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Selling to the Council

A guide for suppliers

8.0 Consortia and collaborative bids

9.0 Contract management

Swansea Council welcomes and encourages bids from organisations who would like to work together in the form of a consortium or collaboration for Council work, particular for larger value or complex contracts. You are advised to take your own legal advice on what is best for your particular circumstances in relation to consortia and collaborative bidding.

Suppliers will be monitored to ensure they comply with the performance criteria in the contract. Goods, works and services are to be delivered in accordance with the requirements set down in the contract, to the specified standards. Regular meetings will be held with suppliers where performance and other relevant issues can be discussed to ensure the contract runs smoothly and issues can be dealt with promptly in the best interests of the Council. Poor performance will be raised promptly, so suppliers can address the issues and put them right. Where suppliers do not address poor performance, this could result in the contract being terminated. It is therefore important suppliers clearly understand the contract requirements, feel capable of delivering them and read the terms and conditions before tendering for Council contracts.

Assistance and support is available for setting up a consortium to bid for a public contract, please contact the Wales Cooperative Centre ď&#x20AC;¨ 0300 111 5050 or Business Wales ď&#x20AC;¨ 03000 603 000 A joint bidding guide has been developed by the Welsh Government to assist suppliers and is available from the following link https://gov. wales/sites/default/files/publications/2019-09/joint-bidding-guide. pdf

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10.0 Welsh language A contract concerned with provision of services for the public in Wales will need to conform to the terms of the Councils Welsh Language Scheme. Further information can be found on the Councilâ&#x20AC;&#x2122;s internet: www.swansea.gov.uk. If required, Welsh Language requirements will be clearly stipulated in contract notices and the tender or quotation documentation.

Swansea Council 11.0 Local suppliers

job market for some time are given opportunities of meaningful training and employment.

The Council is committed to developing the local economy and supporting local suppliers and this guide forms part of that work.

Wherever possible, local suppliers are invited to quote for low value contracts and are encouraged to bid for tenders. All Suppliers are encouraged to register on Sell2Wales and eTenderWales to ensure that they receive notifications of upcoming procurements. The Council cannot discriminate in favour of local suppliers; contracts are awarded based on the evaluation criteria set out in the invitation to quote/tender.

However, we do encourage local organisations to bid for contracts with the Council.

The Council’s Communuity Benefits Policy, updated in July 2016, is now widened to ensure additional benefits and added value are realised from all suitable activities and contracts let by the Council, not just construction and regeneration. Community benefit clauses offer a new approach to public procurement and can be defined as requirements made of a development or contract that would not normally have them as a defined or measured outcome. Clauses can be included to influence the following areas:

12.0 Community Benefits / Beyond Bricks and Mortar Beyond Bricks and Mortar (BBM) is an important initiative to secure community benefits from all suitable Council activities in the City and County of Swansea for the lasting benefits of the community. By introducing community benefit clauses such as targeted recruitment and training into contracts our aim is to ensure that members of our community, especially young people and those who have been out of the

• • • • • •

Targeted training and recruitment, e.g. long term unemployed Supply chain initiatives, committing to local sourcing Community consultation (considerate contractors) Contributions to education and young people Promotion of social enterprises Environmental benefits during works and at completion

Community benefits is a key priority for Welsh Government and one of ten principles in the Wales Procurement Policy Statement. Swansea’s approach will ensure all possible projects and contracts will be considered for community benefits, maximising opportunities to achieve added value from public sector spending in Swansea.

For further information contact 01792 637243 or email beyondbricksandmortar@swansea.gov.uk.

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Selling to the Council

A guide for suppliers

13.0 The Wellbeing of Future Generations (Wales) Act 2015 The Wellbeing of Future Generations Act (WFG) focuses on improving the social, economic, environmental and cultural well-being of Wales. It places a duty on public bodies, such as the Council, to think more about the long-term, work better with people, communities, and each other, look to prevent problems and take a more joined-up approach. This will help to create a community that we all want to live in, now and in the future.

Five ways of working underpin everything we do and ‘ensure we act in a manner that seeks to ensure the needs of the present are met without compromising the ability of future generations to meet their own needs’.

The sustainable development principle’s five ways of working make sure a consistent delivery model is in place. The five ways of working are integration, collaboration, involvement, long term and prevention.

To make sure well-being outcomes are maximised, the Act puts in place seven Well-being Goals: • • • • • • •

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A prosperous Wales A resilient Wales, A healthier Wales A more equal Wales A Wales of cohesive communities A Wales of vibrant culture and thriving Welsh language A globally responsible Wales

These ‘Wellbeing Goals’ are for everyone in Wales to work towards, and Swansea Council, as a public body must also show that they are making decisions and taking actions to maximise contribution to these goals.

The Corporate Procurement Team will strive to deliver the goals of the Wellbeing of Future Generations Act through a holistic approach to its procurement process and including where relevent specific provisions within the procurement documents. Swansea Council declared a Climate Emergency in June 2019, the carbon reduction ambitions that underpin the sustainable development principle are integrated within procurement practice as appropriate.

Swansea Council 14.0 Business Wales The Welsh Government’s Business Wales service supports new and established businesses in Wales.

The ‘Business Wales Tendering Support’ strand provides free practical assistance to small and medium-sized businesses in Wales to help understand the procurement process, and provide support in preparing pre-qualifying questionnaires and tenders.

For help and guidance, the Business Wales Tendering Support strand may be contacted either on 03000 6 03000 or via the web portal businesswales.gov.wales

15.0 Tips on tendering Do

Don’t

Read the documents carefully to check you are capable of delivering the contract before completing the tender documentation

Leave completing your submission to the last minute, allow plenty of time.

Late submissions will not be accepted

Check the deadline time and date for submission of tenders. Extensions will not be granted allow sufficient time

Include un-necessary literature and brochures that are not requested

Ask for clarification if you are unsure of anything within the tender documents. Send clarification questions via the messaging system in eTenderWales or Sell2Wales

Assume we already know you as tenders are evaluated based on what is submitted only

Answer all the questions clearly and provide all the requested information

Be put off by the tender documents ask for support from Business Wales

Cost the tender as accurately as possible

Submit unsustainable prices that are undeliverable for the duration of the contract

Ask for feedback

Forget to submit all documents that are requested in the tender documents 14

Selling to the Council

A guide for suppliers

16.0 Contacting us This guide aims to help provide organisations who want to work with Swansea Council with a clearer understanding of how to bid for contracts and what is required during the tendering process.

If you would like to contact us with feedback on suggested

improvements to the guide or have any queries about dealing with Swansea Council on Procurement issues then you can contact us on Procurement@swansea.gov.uk or https://www.swansea.gov.uk/ contactus

17.0 Useful Websites Constructionline

www.constructionline.co.uk

Swansea Council

www.swansea.gov.uk

Sell2Wales

www.sell2wales.gov.wales

eTenderWales

www.etenderwales.bravosolution.co.uk

SSIP (Health & Safety)

www.ssip.org.uk

Community Benefits

http://gov.wales/topics/improvingservices/bettervfm/publications/community-benfits-2014/?lang=en

Tenders Electronic Daily (TED)

www.ted.europa.eu/TED/main/HomePage.do

National Procurement Service

www.nps.gov.wales

Welsh Government Joint Bidding Guide

https://gov.wales/sites/default/files/publications/2019-09/joint-bidding-guide.pdf

Well-being of Future Generations

https://futuregenerations.wales/about-us/future-generations-act/

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Swansea Council 18.0 Useful Contacts Beyond Bricks & Mortar

01792 637243 BeyondBricksandMortar@swansea.gov.uk • www.swansea.gov.uk/beyondbricksandmortar

Procurement Team

Procurement@swansea.gov.uk www.swansea.gov.uk/procurement

Business Wales

03000 603000 BusinessWales.gov.wales

eTenderWales

Helpdesk: 0800 3684 852 help@bravosolution.co.uk

South Wales Chamber of Commerce

Swansea: 01792 793686. Newport: 01633 254041 info@southwaleschamber.co.uk • www.southwaleschamber.co.uk

Swansea Council Commercial Team

Tel: 01792 633808 Email: sales@swansea.gov.uk • https://www.swansea.gov.uk/advertisingandsponsorship

National Procurement Service

0300 7900170 nationalprocurementservice@wales.gsi.gov.uk • http://nps.gov.wales/contact_us/?lang=en

Sell2Wales

0800 222 9004

Wales Council for Voluntary Action

Customer Services: 0800 2888 329 help@wcva.org.uk • www.wcva.org.uk

Wales Co-operative Centre

0300 111 5050 info@walescooperative.org • www.walescooperative.org

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Selling to the Council

A guide for suppliers

19.0 The Commercial Team The Commercial Team at Swansea Council has a range of sponsorship and commercial opportunities for you to raise your company profile and strengthen your brand to customers and the community.

The opportunities are endless and fall under four categories:

Advertising

a range of high visibility indoor and outdoor advertising platforms.

Sponsorship

unique brand awareness opportunities from roundabouts to fleet.

Promotions

everything from the supply of promotional personnel and giveaways to sampling, merchandising and leaflet distribution.

Trade Exchange

an exchange of products or services.

To find out how you can develop a long term partnership with Swansea Council

call: 01792 633808 or email: sales@swansea.gov.uk

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