Document name: Annex A – Standing Financial Instructions

Contracting and Purchasing

Document type: Finance Department Guidance

Staff group to whom it applies: All Trust staff

Distribution: The whole of the Trust

How to access: Intranet and internet

Issue date: April 2012

Reviewed: March 2012

Next review: March 2014

Approved by: The Trusts Audit Committee

Developed by: Tony Cooper Head of Procurement

Director lead: Director of Finance

Contact for advice: Tony Cooper Head of Procurement or

Senior Procurement Managers

April 2012 1
 ANNEX A

STANDING FINANCIAL INSTRUCTIONS

CONTRACTING AND PURCHASING

INDEX

1. INTRODUCTION

2. SCOPE OF THE PROCEDURE

3. TO WHOM THE DOCUMENT APPLIES

4. DEFINITIONS

5. THE STAGES OF THE PROCEDURE FOR TENDERS

6. OFFICIAL ORDERS

7. FORMAL CONTRACTS

8. APPENDICES

This financial procedure should be used in conjunction with the Trust’s: -

 Standing Orders;
 Standing Financial Instructions; and
 The Trust’s Scheme of Delegation.

Should any difficulties arise regarding the interpretation or application of any of these financial
procedures, then the advice of the Director of Finance/Deputy Chief Executive MUST BE SOUGHT
BEFORE ACTING.

FAILURE TO COMPLY WITH FINANCIAL PROCEDURES IS A

DISCIPLINARY MATTER, WHICH COULD RESULT IN DISMISSAL.

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Tendering Procedure

1. Introduction

1.1 All NHS Organisations are required to ensure that their tendering process is fair,
transparent and produces value for money contracts. The procedure outlined
ensures a set code of conduct for the bidding process in which all suitable suppliers
are treated equally and fairly in accordance with the rules of procurement.

1.2 The procedure is written in line with the Trust’s Standing Orders and Scheme of
Delegation. It defines the action that must be taken by staff of the Trust when letting a
contract for the purpose of procuring goods and services.

1.3 Every contract and sub contract made on behalf of the Trust shall comply with the
following instructions, except that in an emergency the Chief Executive, or in his/her
absence the Director of Finance/Deputy Chief Executive, may set aside such of these
instructions as may be necessary. The Director of Finance shall report each such
exception to the next meeting of the Trust Management Executive.

1.4 In order that the Trust’s contractual position is sound all quotations and tenders
should, wherever possible, be obtained on the official documents of the Trust.

1.5 Where a specification issued by the British Standards Institute or other recognised
authority is current at the date of the tender or quotation and it is appropriate for
goods and materials to be used in the execution of any contract, such goods or
materials shall be at least in accordance with that specification.

1.6 Generally all tender requests for goods and services must be processed by the Chief
Executive’s Department or in the case of an electronic trading system by a system
approved by the Chief Executive.

2. Scope of the Procedure

2.1 In order to fulfil the requirements of the policy all contracts for goods and services
must only be entered into by the Trust following a set procedure that ensures the
interests of the Trust and the public are maintained. Such a procedure must ensure
that risk is managed and that the Trust achieves the best possible contract.

2.2 The advice of a procurement department must always be sought before tendering for
any contract, as there are exceptions and potential implications in ensuring
compliance with Standing Orders. The procurement department may also call on
other members of Trust staff, outside support i.e. Government Procurement Services,
NHS Supply Chain, Yorkshire & Humber Commercial Procurement Collaborative
(Y&H CPC), Department of Health and expertise from other Health organisations for
advice and/or to become a member of a contract procurement panel.

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 2.3 Waivers

The Chief Executive or the Director of Finance/Deputy Chief Executive may waiver
the requirements of the procedure except where the legislative rules of public
procurement apply i.e. purchases made over the European Union threshold circa
£100,000 (this figure is dependant on £/Euro exchange rate and is subject to a bi-
annual update) .

The formal tendering and quotation procedures may be waived in the following cases.

1. Where the supply is proposed under special arrangements negotiated by the

DoH in which event the said special arrangements must be complied with; or

2. The timescale genuinely precludes competitive tendering. Failure to plan the

work properly is not justification for single tender; or

3. Specialist expertise is required and is available from only one source; or

4. The task is essential to complete the project, AND arises as a consequence of

a recently completed assignment and engaging different consultants for the
task would be inappropriate; or

5. There is a clear benefit to be gained from maintaining continuity with an

earlier project. However in such cases the benefits of such continuity must
outweigh any potential advantage to be gained by competitive tendering; or

6. Where provided for in the Capital Investment Manual.

The request to waiver the Trusts Standing Orders / Standing Financial Instructions
must be submitted on a Waiver of Tender Procedure Form / Waiver of Quotation
Procedure Form (see appendices I & II). These forms are available from the
Procurement Department, who will provide advice and guidance on the legitimacy of
each request for a single Tender / Quotation.

The Tender Waiver Request Form (Appendix I) should be fully completed and
forwarded, with any supporting documentation, to the Director of Finance/ Deputy
Chief Executive office for approval or in their absence the Chief Executive’s office.
The Director of Finance/Deputy Chief Executive and/or the Chief Executive may at
this stage choose to seek the advice of the Head of Procurement on the legitimacy of
the waiver application. If in the opinion of the Authorised officer, (Director of
Finance/Deputy Chief Executive, / Chief Executive) and/or the Head of Procurement
competition could be sought, then a formal tender process would commence after
first ensuring that this action has been communicated to the originator of the waiver
request.

If it is clear that there are no other supply alternatives or if the purchase falls under
one of the six single source cases listed above; the approved Waiver Form should
then be forwarded to the Procurement Department, along with the supporting

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 documentation i.e. paper requisition, electronic requisition (RFQ - request for
quotation) reference number from the procurement system. To confirm the legitimacy
of the single source request the Tender Waiver form will be countersigned by the
Head of Procurement.

The Quotation Waiver Form (Appendix II) is available from the Procurement
Department, who will provide advice and guidance on the legitimacy of each request
for single quotation. The form should be fully completed and authorised by the
appropriate Trust officer. The form should then be forwarded to the Procurement
Department along with any supporting documentation i.e. paper requisition, electronic
requisition (RFQ - request for quotation) reference number from the procurement
system. To confirm the legitimacy of the single source request the Quotation Waiver
form will be countersigned by the Head of Procurement. Should the Head of
Procurement deem that competitive bids ought to be obtained a formal quotation
process will be conducted after first communicating this approach with the originator
of the waiver document.

All Information Technology related waivers should also be countersigned by an

appropriate IT Manager.

A register of all Tender and Quotation Waivers will be maintained by the Head of
Procurement and made available for Audit inspection and, where applicable for the
purpose of informing the Trust Board.

All Tender and Quotation waivers will be reported to the Audit Committee on a
quarterly basis by the Head of Procurement.

2.4 Joint Procurement

The Trust may undertake joint procurements in conjunction with NHS or other bodies.
One organisation will be the lead for the tendering process up to and including the
evaluation of the tenders. Thereafter the adjudication for a contract to be awarded by
the Trust for goods and/or services for its use will be undertaken in accordance with
this procedure. Where the Trust is the lead organisation this procedure will be
followed.

It is not necessary to follow the procedures where the following conditions apply:

 Goods and/or services are being ordered under an existing contract.

 Estates purchases made under other appropriate compliant contracts /
procedures.
 Disposals of land and buildings governed by the NHS Handbook on Land
Transactions.
 Where a waiver has been issued by the Director of Finance/Deputy Chief
Executive and/or the Chief Executive
 Where a nationally agreed contract exists.

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 If the Director of Finance/Deputy Chief Executive or the Chief Executive decides to
waive the Tendering Procedure, a Register of Waivers must be kept available for
Audit inspection. It should include:

 The description of the tender

 The amount
 The reason for the Waiver
 The company involved
 The signature of the Director of Finance & Procurement or the Chief
Executive or their nominee

3. To Whom this Document Applies

This document applies to any member of staff involved in

 Requesting a substantial service/asset which is to be bought or leased by the

Trust
 Managing the Tendering Process
 Reviewing Tenders

4. Definitions

4.1 Tender a strictly controlled process for inviting bids for goods and services in as wide
and competitive a market as practical. This places the contract under the Trust’s
and/or the NHS terms and conditions. The term tender is also used to describe the
offers received from suppliers.

4.2 Quote a response to an approach by the Trust to a limited number of suppliers for a
price for a specified requirement.

4.3 Contract a legally binding Agreement between the Trust and its supplier relating to
the provision of goods and services. This can be in the form of a formal document
which is duly signed by all interested parties and in some cases sealed by the Trust,
a purchase order placed for the goods and services or very simply a verbal
instruction given by a member of the Trust instructing a company to provide goods
and services in exchange for payment. Clearly the latter should not be encouraged as
it may compromise the Trust both in commitment and financial terms and the action
may exceed the member of staff’s financial authority and could therefore lead to
disciplinary action.

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5. The Stages of the Procedure for Tenders

5.1 Identify the need for goods and/or services

The end user or service manager will usually identify the need to procure goods for a
variety of reasons such as increased capacity for equipment in use, replacement of
existing goods, technology innovations.

Once identified a submission must be made to a Procurement Department for

approval to proceed. At this stage it will be determined by the Head of Procurement,
with input from the end user / service manager whether the procurement will require a
procurement panel to oversee and evaluate the full tender process. If the panel is
required it will consist of representatives of the procurement function, finance, the
originating department and if the tender has a direct impact on the health care needs
of the Trusts service users then a service user representative will be invited to join the
panel. The Chief Executives Office will be fully informed of the outcome of any formal
tender exercises. Agreement to proceed with any procurement will only be given
once the source of funding has been identified. There are a number of potential
sources:

 The capital programme

 Revenue expenditure which may be through lease payments or an individual
budget
 Other sources such as Trust or charitable funds.

If a procurement panel is required it will also agree the minimum number of

companies that will be invited to tender for the goods.

5.2 Determine the value of the requirements

There are different rules for different values of goods and/or services:

5.21 £500-£5,000 – it is considered good practice for the user to obtain at least
one written quotation from the proposed supplier of the goods or services
required. This should be attached to the paper requisition or forwarded to
the Procurement department after completing an electronic requisition
(RFQ – Request for Quotation), and must be duly authorised in accordance
with the Trust’s signatory procedures. The end user should retain a copy
for their records. The Trusts procurement function may look to seek an
alternative supply source to the one specified by the end user, any such
changes to the supplier identified will be agreed where necessary by the
procurement department with the end user prior to placing the purchase
order.

5.22 £5,000-£15,000 - the Procurement department must obtain three

competitive quotations in writing. The Procurement department will
ascertain whether or not a national contract exists. The end user should
attach any quotations obtained to the paper requisition or forward any

April 2012 7
 copies to the Procurement department after completing an electronic
requisition (RFQ), and must be duly authorised in accordance with the
Trust’s signatory procedures. If a national contract does exist a Director
must approve the placing of the order this may be prior to completing the
requisition of via the Agresso purchase order approval hierarchy.

5.23 £15,000 and above – the contract must be let by tender and the proposed
procurement submitted to the Procurement department and/or if the
contract is such that it requires a Procurement panel submitted to the panel
for agreement to proceed. If the value of the contract is below the
European Community [EC] threshold the next stage [see below] should be
followed. Where the value of the contract is above or very close to the EC
threshold, an advertisement will be placed in the European journal [known
as the Official Journal of the European Union, or OJEU]. All
advertisements will be placed on behalf of the Trust or where applicable on
behalf of a collaborative of Trusts/Local Authority’s in order to achieve
economies of scale.

5.24 The format and requirements of the OJEU advertisement are pre-
determined and should only be placed by the Procurement department
except in special circumstances where an external body has been engaged
to undertake a procurement process on behalf of the Trust. This may occur
either for works to be managed by the Estates Department or where a joint
procurement with NHS or other bodies is taking place.

5.25 When an OJEU is placed it is generally accepted that due to the specialist
nature of the NHS business the Restricted Process advert is used. This
process allows potential tenderers up to 37 days to express their interest in
the contract (this timescale is reduced by 7 days in cases where the advert
is electronically submitted); they are then given a further 40 days from the
time of dispatch of the tender to return their offer (this timescale is reduced
by 5 days in cases where there is full electronic access to tender
documents).

The process can be accelerated to 15 days (this timescale can be reduced

by 5 days in cases where the advert is electronically submitted) for
expressions and 10 days for the tender return if the Trust has a valid
reason for doing so. Criteria for the evaluation of the tenders should be
contained in either the OJEU advert or in the actual tender documents.

5.3 Invitation to Tender

5.31 If an OJEU advertisement is not placed, as the procurement does not

exceed the threshold, then in the case of the Estates and Facilities
department an agreed number of companies from the Trusts approved list
of suppliers (i.e. the Trusts own database of suppliers or those registered
on Constructionline), will be invited to tender for the goods or services. The

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 policy for supplier selection for the Estates and Facilities department for
contracts valued at both above and below the £5,000 quotation level is as
detailed in appendix III.

5.32 For non-facilities purchases, tenders will be sought via the Procurement
department using where possible suppliers that are on national NHS /
Government Procurement Services contracts for like products/services or
whose details are captured on the trusts purchase order system having
previously been an approved supplier to the Trust. This procedure also
applies to all I.T. procurement where purchases are made from non-
contract sources.

5.34 New suppliers submitting tenders to the Trust that have successful bids will
be subject to an approval process which will look at their economic,
financial and technical capacity, major contracts won and customer
references. The extent of the approval process for new suppliers to the
Trust will be dependant on the value of the contract and any potential risk
to the Trust in placing business with them.

5.35 Tender documents sent to potential suppliers should contain or make clear
reference to the NHS Terms and Conditions or the Government
Procurement Services (GPS) Terms and Conditions of Contract if the
tender is using a GPS Framework agreement. It should also have a
specification [or operational requirement] of the goods or services required.
Where the NHS Terms and Conditions are merely referred to it should be
indicated that copies are available for those suppliers on request.

5.36 Invitations to tender shall be checked and sent out by officers authorised by
the Chief Executive, as appropriate, and each shall state a specific date
and time after which tenders will not be considered. Each invitation shall
also include a warning against corruption, and state that no tender will be
considered unless submitted in the manner prescribed for the purpose, in
the plain sealed envelope provided which shall not bear any name or mark
indicating the sender or in the case of an approved electronic trading
system, via that system in the method prescribed by that system.

5.37 All tenders shall be addressed to the Chief Executive, and shall remain in
the custody of a delegated officer until the time appointed for their opening.
At the earliest convenient time after the latest time for the receipt of tenders
they shall be opened in the presence of two officers. Officers should not
participate in the opening of those tenders in which they are associated.

5.38 In the case of an electronic trading system the offers shall be deemed
“opened” on release of the data in the manner prescribed by that system.

5.39 The specification should be generic and not contain any requirements or
features that are specific to one supplier only thereby restricting
competition.

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 5.40 During the period that tenders are open site visits and trials may be
undertaken. Reports or evaluation forms must be submitted to contribute to
the overall analysis of the offers from suppliers.

It is important that the contract evaluation criteria is contained in the tender document
and is used as part of any site visits or trials.

5.4 The receipt and safe custody of tender documents

5.41 The receipt and safe custody of tender documents is an important part of
the process that governs whether or not offers from suppliers can be
accepted and considered by the Trust for the supply of goods and services.

5.42 The Chief Executive’s nominee, the Receiving Officer is responsible for the
safe custody of tenders until the time appointed for opening.

5.43 The date the Receiving Officer receives the tenders must be endorsed on
the unopened packages or in the case of an approved electronic trading
system it shall be noted on that system.

5.44 A Register must be kept by the Receiving officer for each tender bid
identifying:

a) The name and reference of each supplier invited to tender

b) The date of opening
c) The price quoted for the contract
d) The signatures of the delegates opening the documents

5.45 In the case of an approved electronic system that system shall hold securely
all bids until the specified time for release.

This Register must be held in safe custody by the Receiving Officer for a period of 5
years. The Procurement Dept must retain a full record of the tender, including
selection criteria records for a period of 1 year to allow audit to take place. Individual
departments may keep copies of documents as required.

5.5 The opening of tenders

Tender documents must be opened in accordance with rules that ensure probity and
demonstrate that all tenders are treated equitably.

These rules are as follows:

 All documents must be opened at the same time.

 Documents must be opened in the presence of the Director of
Finance/Deputy Chief Executive [or his/her nominated deputy] and another

April 2012 10
 Director [or their nominated deputy]. For tenders above £1,000,000 one of
those Directors should be a Non-Executive Director.
 After all documents are opened and recorded, it is the responsibility of the
Nominated Contracts Officer to arrange for a Panel to evaluate the tenders.
 In the case of an approved electronic trading system the offers shall be
deemed to be “opened” on release of the data in the manner prescribed by
that system.

5.6 Acceptance and record of formal tenders

Tenders may only be accepted in accordance with the Rules of Acceptance and
Record of Formal Tenders.

Rules

5.61 Tenders received after the due time and date may be considered only if the
Chief Executive or Director of Finance/Deputy Chief Executive decides that
there are exceptional circumstances, e.g. where significant financial,
technical or delivery advances would accrue. They must be satisfied that
there is no reason to doubt the bona fides of the tenders concerned.

5.62 The Chief Executive or Director of Finance/Deputy Chief Executive shall

decide whether such tenders are admissible and whether re-tendering is
desirable. Re-tendering may be limited to those tenders reasonably in the
field of consideration in the original competition. If the tender is accepted
the late arrival of the tender should be reported to the Board at its next
meeting. In the case of an electronic trading system the offers shall be
deemed to be “unopened” until the officer responsible has conducted the
correct procedure in accordance with the systems instructions.

5.63 Incomplete tenders [i.e. those from which information necessary for the
adjudication of the tender is missing] and amended tenders [i.e. those
amended by the tenderer upon his own initiative either orally or in writing
after the due time for receipt] should be dealt with in the same way as late
tenders.

5.64 Where examination of tenders reveals errors, which would affect the tender
figure, the tenderer is to be given details of such errors and afforded the
opportunity of confirming or withdrawing his offer.

5.65 Necessary discussions with a tenderer of the contents of his tender, in order to
clarify technical points before the award of a contract, need not disqualify
the tender.

5.66 While decisions as to the admissibility of late, incomplete, or amended tenders

are under consideration and while re-tenders are being obtained, the
tender documents shall remain strictly confidential and kept in safekeeping
by an officer designated by the Chief Executive.

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 5.67 Where only one tender/quotation is received it will be considered void unless
agreed otherwise by the Chief Executive or Director of Finance/Deputy
Chief Executive.

5.68 Where the form of contract includes a fluctuation clause all applications for
price variations must be submitted in writing by the tenderer and shall be
approved by the Chief Executive or nominated officer.

5.69 All tenders should be treated as confidential and should be retained for
inspection for a minimum of six years or where contracts extend beyond six
years at least one year beyond contract termination.

5.7 Evaluation of the Tender

Where appropriate or previously agreed a Panel shall be established to evaluate the

tenders, in accordance with the following rules.

Rules

5.71 The constitution of the evaluation panel shall be the end user[s], a senior
procurement manager, a senior accountant. The nominated Contracts
Manager must ensure that the membership of the evaluation panel consists
of people who have no vested interest in the award of contract, this may
include seeking confirmation of that fact and panels members signing a
document to that end. The individuals involved must complete an
evaluation for all items of equipment or other goods and these must be
kept as a permanent record with the tenders. The evaluation should consist
of a financial and non-financial analysis. The Chief Executives Office will be
duly informed of any formal tender awards.

5.72 The technical analysis will include whether or not the offers meet specification
and will score each one in accordance with the pre-set criteria agreed at
the start of the process.

5.73 The financial analysis will compare the core items and include any
enhancements offered by the suppliers. It will also examine the financial
stability of the prospective supplier using where necessary the suppliers
financial account details or a comprehensive financial report from Dun &
Bradstreet.

5.74 As part of the evaluation it may be necessary to obtain written references from
the potential supplier’s client base. These will preferably be other NHS
Trusts or Local Authority establishments.

5.75 It may be necessary to seek further clarification from suppliers. This must be
done in writing if possible.

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 5.76 Where applicable the panel and/or the Procurement department will
recommend the letting of a tender and the Chief Executive’s representative
will write to the successful tenderer. Ensuring that appropriate Board
approval is sought, if needed.

5.77 A tender other than the lowest (if payment is to be made by the Trust or
highest tender if payment is to be received by the Trust), shall not be
accepted unless for good and sufficient reason the Executive Management
Team decides otherwise on the basis of a report submitted by the
procurement department and/or procurement panel which supports the
decision.

5.78 In certain circumstances, it may be necessary to hold post tender discussions

or negotiations. Post tender discussions are used to clarify aspects of an
offer, whereas post tender negotiations are intended to deal with additional
financial considerations. Post tender negotiation may be defined as: -

“Negotiation after the receipt of written offers and before the letting of
contracts with suppliers having a reasonable opportunity of winning the
contract, with a view to obtaining an improvement in price, delivery or
content in any circumstances which do not put other suppliers submitting
offers at a disadvantage or affect adversely their confidence or trust in the
competitive offer system”.

5.79 The need for post tender negotiations should be minimal if pre tender
discussions and negotiations have been carried out properly. Every effort
should be made to make sure all requirements are clear at the pre tender
stage and included in the invitation to tender package. If tenders fall within
the EU limits, advice from the Procurement department must be sought as
different rules apply.

5.80 Post tender negotiations should only take place when :-

a) suppliers have been informed at the pre tender stage or tender stage
that post tender negotiations may be held with those who submit the
most competitive offers;
b) after all the offers have been evaluated, there is no overwhelming
evidence for choosing one supplier over another;
c) terms and conditions of the contract or purchasing arrangement need to
be clarified by mutual agreement, e.g.

 when a fixed price offer period varies from one supplier to another

 when the lowest offer is based on different terms and conditions to

all the other offers (providing the differences are not great enough to
warrant abandoning the existing offers and inviting new written
offers)

April 2012 13
 d) the award of business to one supplier provides the optimum purchasing
solution and where such an outcome could not have been anticipated
at the pre tender stage;
e) an offer is not based on a detailed specification or where there has
been a bona fide change in specification which is not significant enough
as to warrant abandoning the existing offers and inviting new written
offers.

5.81 Post tender negotiations must only be undertaken following the approval of the
Director of Finance/Deputy Chief Executive, who will ensure that they are
conducted before a witness, with the newly-negotiated prices being
recorded.

5.82 Wherever possible post tender negotiations should be conducted face to face
and include at least two authorised officers of the Trust. Clear notes are to
be retained on the content and decision reached, which are to be signed by
the officers concerned. If the task is to be carried out by telephone, faxed
or hard copies which confirm the details must be obtained and become
addenda to the tender documents.

6. Official Orders

6.1 No goods, services or works other than works and services executed in
accordance with a contract and purchases from petty cash shall be ordered
except on an official order and contractors shall be notified that they should
not accept orders unless on an official form. Verbal orders shall be issued
only by an officer designated by the Chief Executive and only in cases of
emergency or urgent necessity. These shall be confirmed by an official
order issued no later than the next working day and clearly marked
"Confirmation Order".

6.2 Official orders shall be consecutively numbered, in a form approved by the

Director of Finance/Deputy Chief Executive and shall include such
information concerning prices and costs as he/she may require. The order
shall incorporate an obligation on the contractor to comply with the
conditions printed thereon as regards delivery, carriage, documentation,
variations, etc.

6.3 Requisition forms and/or user access to the Trusts on-line Agresso purchase
order requisitioning system shall only be issued / given to and signed
by/approval provided to officers so authorised by the Chief Executive. The
authority given to officers to sign/electronically approve requisitions shall
not exceed the delegated financial limits set out in the Trust’s Schedule of
Reservation of Powers to the Board and Delegation of Powers, which are :-

Requisitions over £40,000 - Two designated Independent

Directors

April 2012 14
 Requisitions up to £40,000 - Director

Requisitions up to £20,000 - Individual Budget Managers

Lists of authorised officers and their specimen signatures shall be

maintained by the Director of Finance and this list of approved signatories
and their delegated financial limits will be held within the Trusts Agresso
purchase order system. Amendments to authorised officers should be
notified to finance so that the specimen signature lists and the system can
be kept up to date. Such lists shall be available for inspection by any
officers authorised by to do so.

6.4 Order forms shall only be issued to and signed by officers so authorised by the
Chief Executive and Director of Finance/Deputy Chief Executive i.e.
manager or supplies service, estates service, etc., for specific items.
Details of authorised officers shall be maintained for management control
purposes. The details will show for each authorised officer the type of
items to be ordered and delegated financial limit.

6.5 All orders placed must comply with the Trust's Standing Financial Instructions
and with the regulations for the time being in force on National, Divisional,
Collaborative, and Trust contracts.

6.6 Details of all orders placed shall be available to the Director of Finance/
Deputy Chief Executive either in a hard copy form or accessible through a
computerised purchase ledger system.

6.7 No order should be issued for any item for which there is no budget provision
unless authorised by the Chief Executive or Director of Finance/ Deputy
Chief Executive.

 Orders shall not be placed in a manner devised to avoid the financial

limits set out in the above.

 No order shall be issued for any item or items for which an offer of gifts
(other than low cost items, e.g. calendars, diaries, pens, etc.,) or
hospitality has been received from the person interested in supplying
goods and services. Any officer receiving such an offer shall notify his
senior officer as soon as practicable, details of hospitality received shall
be entered in a register maintained by the Chief Executive. Visits at
supplier's expense to inspect equipment, etc., must not be undertaken
without the prior approval of the Chief Executive. In general any such
visits should be paid for by the Trust.

Further guidance is contained in "Standards of Business Conduct for

NHS Staff".

April 2012 15
 7. Formal Contracts

7.1 In the case of works which exceed £500,000 in value (excluding VAT) or any
individual contracts of a capital or revenue nature where the annual value
or value over a three-year period exceeds £500,000 contracts shall be
executed under the common seal of the Trust. These contracts must have
Trust Board approval before they can be awarded. For contracts of a lower
value, where the professional advice from the procurement evaluation
panel is that the Trust would benefit from sealing, then such action should
be taken.

7.2 The Trust may only enter into contracts within its statutory powers and shall
comply with:

(a) the Standing Orders;

(b) the Trust's SFIs;

(c) EU Directives and other statutory provisions;

(d) any relevant directions including the Capital Investment Manual

and guidance on the Procurement and Management of
Consultants;

(e) such of the NHS Standard Contract Conditions as are applicable.

Where appropriate contracts shall be in or embody the same terms and

conditions of contract as was the basis on which tenders or quotations were
invited.

7.3 All other aspects of for dealing with formal contracts are as stated in the Trusts
Standing Orders section 9.19 to 9.25.

APPENDIX I

April 2012 16
 WAIVER OF QUOTATION PROCEDURES

APPLICATION FOR APPROVAL

EXPENDITURE VALUE BETWEEN £5,000 AND £15,000 (NET OF VAT)

Applicant: Department:

Description of Goods or Services Required:

Supplier:

Requisition Number: Requisition Date:

RFQ Number: RFQ Date:

Net Cost: £ VAT: £ Total Cost: £

Information to support the Waiver Request:

The expenditure involved in this purchase is between £5,000 - £15,000 (net of VAT) and should therefore be the
subject of competitive quotations. However, in accordance with Standing Order (SFI 13.5) it is requested that this
requirement be waived for the following reasons:

Applicant’s Signature: Job Title: Date:

Authorised by: Job Title: Date:

IT Purchases Authorised By: Job Title: Date:

Note: Waiver of quotation procedures may be authorised after reviewing the supporting documentation by:
Budget Manager, or Executive Director, or Chief Executive, (All IT Purchases must also be
Countersigned by an appropriate IT Manager)
Note to applicant: After authorisation, please forward a copy of this form to the Procurement Department together
with an appropriately authorised non-stock requisition form or an RFQ reference number, whilst retaining a copy for
your own files.

Date:
Head of Procurement:
APPENDIX II

April 2012 17
 WAIVER OF TENDER PROCEDURES

APPLICATION FOR APPROVAL

EXPENDITURE VALUE BETWEEN £15,000 (NET OF VAT) AND THE OJEU
(Official Journal of the European Union) LIMIT
CURRENTLY £113,057

Applicant: Department:

Description of Goods or Services Required:

Supplier:

Requisition Number: Requisition Date:

RFQ Number: RFQ Date:

Net Cost: £ VAT: £ Total Cost: £

Information to support the Waiver Request:

The expenditure involved in this purchase is between £15,000 - £113,057 (net of VAT) and should therefore be the
subject of competitive tenders. However, in accordance with Standing Orders (SFI 13.4) it is requested that this
requirement be waived for the following reasons:

Applicant’s Signature: Job Title: Date:

Authorised by Service Manager: Signature & Service: Date :

IT Purchases Authorised By: Job Title: Date:

Head of Procurement: Date :

Accountable Officer – Chief Executive or Director of Finance Date :

Notes to applicant:
This form should be sent directly to the Chief Executives Office, Trust Headquarters, to enable authorisation together with any relevant supporting
documentation and an appropriately authorised non-stock requisition, RFQ reference form/number. After authorisation, please forward this
document to the Procurement Department together with the appropriately authorised non-stock requisition, RFQ reference form/number, whilst
retaining a copy for your own files
APPENDIX III

April 2012 18
 Estates & Facilities Supplier Selection Process

The South West Yorkshire Partnership NHS Foundation Trust currently works with a Procure 21+
Principal Supply Chain Partner called Willmott Dixon Holdings Limited to deliver its capital
programme and to assist with the minor works projects. In addition to this business relationship
other Estates and Facilities projects are conducted by using either locally approved suppliers either
where there is a sole supplier arrangement for the equipment/service they supply i.e. fire alarm
system, intruder alarm system etc, or where suppliers have a formal contractual agreement with
the Trust i.e. contract for day rate provision of professional tradesmen. Other projects are generally
conducted on a “one off” basis as and when they arise where the supplier selection process is
assisted by sourcing potential suppliers through the Constructionline database system.

The benefits of adopting the Constructionline supplier database are:

Once you’re a registered buyer with Constructionline, the time and cost consuming hassle
of assessing PQQ forms and maintaining up to date supplier information becomes a thing
of the past. And that’s not all:

 Access to over 20,000 pre-qualified suppliers, from Sole Traders to Small Medium
Enterprises (SME’s) to major contractors through the database
 Supplier details managed and kept up-to-date in real time by Constructionline
 Over 1,000 work categories to choose from
 Standard pre-qualification data covering; company details, financials, health & safety,
equalities and environmental information
 It is endorsed by the Government Procurement Services organisation, the Welsh
Assembly, the Northern Ireland Executive and the Scottish Executive

All this information is regularly updated and monitored by the Constructionline

Supplier Selection – Orders Below £5,000 Quotation Threshold

For services below the quotation threshold an annual quotation exercise will be conducted with
those companies on the Constructionline supplier base (which should include those SWYPFT
suppliers that have an existing business relationship with the Trust but may not appear on the
Constructionline database) to determine the pay rates for their services i.e. Supply of an Electrician
£30.00 per hour etc. From this exercise a preferred list for “one off” job requirements will be made
and the supplier selection will be made on the basis of best rate per job required, standard of work
provided, and availability. All suppliers on this list will have an opportunity to receive work
dependant on the above criteria. A record will be kept of the of the reason for the supplier selection
to provide an audit trail for the contract award and in order to be shown as fair, equitable and
transparent in the work allocation.

Supplier Selection – Orders Above £5,000 Quotation Threshold to EU Level

April 2012 19
For services above the quotation and tender level but below the EU level for Public Procurement,
companies will be selected from the Constructionline supplier list by the Procurement department
using the Constructionline on line web database
https://www.constructionline.co.uk/const/apps/common/login.do The Procurement department will
utilise the selection criteria within the system i.e. soft landscape works to access the database of
approved/registered suppliers for that category and from the search create a render list.

Category search

Search Results

April 2012 20
The Procurement department will select a minimum of six suppliers, three by rotation and three by
recent performance (if applicable) in order to conduct the tender exercise. This supplier selection

April 2012 21
system ensures that every supplier gets an equal chance to tender and those suppliers that have
previously done a good job are not simply rotated to the bottom of the list.

The Constructionline supplier database system is not the only source of approved/registered
suppliers available to the Trusts Procurement department but acts as a sound foundation for the
Trusts approved supplier list for Estates and Facilities and general purchasing. It should therefore
not preclude other supply sources from participating in the Trusts tender exercises if it is
considered beneficial to the Trust. For example if the supplier category is not contained within the
Constructionline supplier database i.e. telecoms the Procurement department may look to seek
tenders for the following supply sources;

1. Suppliers that are on Government Procurement Service contract for a similar product
range.
2. Suppliers that are on a Yorkshire and Humber Commercial Procurement Collaborative
contract for a similar product range.
3. Suppliers that have a current business history with the Trust which well established
having been built up over a number of years and is therefore recognised as an approved
supplier by the Trust.

April 2012 22