Procurement

Information on the Council’s Procurement function

Public Procurement

Public Procurement can be defined as the acquisition, whether under formal contract or not, of works, supplies and services by public bodies.  It ranges from the purchase of routine supplies or services to formal tendering and placing contracts for large infrastructural projects.

Fingal County Council is bound by EU Directives, Legislation and Government Policy in its procurement function. Contract Value thresholds determine which particular procedures are followed.  Further information and current thresholds can be found on the EU public procurement website http://simap.ted.europa.eu/.

The EU Directives impose legal obligations on public bodies to use objective tendering procedures. Contracts with estimated values above the thresholds set out in the Directives must be advertised in the Official Journal of the European Union (OJEU). Directive 2014/24/EU applies to the procurement procedures of public sector bodies including local authorities.

In accordance with Government policy, all contracts above €25,000 (excluding VAT) for supplies and services and above €50,000 (excluding VAT) for works must be advertised as part of a formal tendering process. The national public procurement website www.etenders.gov.ie is a central facility for all public sector contracting authorities to advertise procurement opportunities including those above the EU thresholds.

The Office of Government Procurement (OGP) is an office within the Department of Public Expenditure & Reform.  It has been tasked with centralising public sector procurement arrangements for common supplies and services. For more information, please visit www.ogp.gov.ie

 

 

Procurement in Fingal County Council

Procurement in Fingal County Council is largely a devolved function, where individual departments are responsible for ensuring their sourcing requirements are met while operating to best procurement practice and compliance with relevant legislative, regulatory and policy requirements.

The Fingal County Council Corporate Procurement Plan 2016 – 2018 sets out the strategic, organisational and operational objectives, which are necessary in achieving a more focused value for money approach to procurement. The Plan contains a series of actions which will be implemented over its lifetime in areas such as procurement governance, processes, planning, monitoring, organisational capacity and stakeholder management.   To view the Corporate Procurement Plan click here

The Procurement Unit has a co-ordinating role in ensuring that there is an organisational focus on good practice in purchasing and that procedures are in place to achieve value for money and to ensure high standards of openness, transparency and compliance with all relevant public procurement guidelines and legislation.

All staff or agents on their behalf who are undertaking procurement activities are required to ensure that their activities are conducted in a manner that is compliant with Public Procurement requirements, the Council’s Procurement Policy, Corporate Procurement Plan and Procurement Procedures Manual.

Procurement Ethics

All employees involved in procurement activity are bound to act in accordance with the Local Government Act 2001 and the Code of Conduct for Employees. Members of a tender evaluation team are required to sign Declarations of Confidentiality and Conflict of Interest prior to the tender evaluation process commencing.

 

Authority to Purchase

Chief Executive Order CA/48/16 sets out the approver limits and associated requirements in respect of authority to purchase arising from a procurement process.

  • A quotations process is a competition where selected suppliers are directly invited to submit quotes. This process is to be used where the estimated contract value is less than €25,000 excl. vat (€50,000 for works) and no other procurement arrangements are in place. This threshold applies to the organisation as a whole for the procurement of similar supplies, services or works.  Quotations must be sought and returned using the Quick Quotes facility on eTenders.
  • A tender process is a competition where all interested suppliers following the issue of a public notice may submit tenders. This process is to be used where the estimated contract value or aggregated contract value under a framework agreement may exceed €25,000 excl. vat (€50,000 for works) and no other procurement arrangements are in place. A tender process may only be conducted where a collaborative procurement arrangement is not available or proposed. Approval must be sought from the Office of Government Procurement (OGP) through the Procurement Unit prior to publishing a contract notice / tender documents on eTenders.
  • A mini-competition process is a competition where selected suppliers are directly invited to submit tenders in accordance with a framework agreement or dynamic purchasing system.
  • A direct drawdown process is where a selected supplier is engaged (without further competition) based on agreed prices in accordance with a framework agreement or contract.

 

CE Order CA/48/2016 - Procurement Governance

This Chief Executive Order sets out to strengthen Procurement Governance in line with Public Procurement requirements and Fingal County Council’s Corporate Procurement Plan.

PROCUREMENT OBLIGATIONS - It is the responsibility of each Director of Service / Head of Function to ensure that Public Procurement obligations and the procedures and practices set out in the Fingal County Council Procurement Plan and Procedures Manual are complied with in their area of responsibility.

All staff undertaking procurement activities are required to ensure that their activities are conducted in a manner that is compliant with public procurement obligations and the procedures and practices set out in the Fingal County Council Procurement Plan and Procedures Manual.

COLLABORATIVE PROCUREMENT ARRANGEMENTS - When considering sourcing options, collaborative procurement arrangements are to be used for the purchase of supplies, services and works in the following order:

  • National arrangements
  • Local Government Sectoral arrangements
  • Regional arrangements

 

Collaborative procurement arrangements established at National, Sectoral or Regional level are to be used once activated by Chief Executive Order of the Director of Corporate Affairs and Governance. The use of collaborative procurement arrangements must be in accordance with the requirements of the relevant framework or drawdown contract. The subsequent awarding of contracts under these arrangements is to be in accordance with the approval limits and requirements as set out below.

Where no collaborative procurement arrangements exist, a collaborative approach must be considered prior to conducting a procurement process in consultation with the Procurement Officer. Any decision to proceed with a local tendering process must be documented and approved by the relevant Director of Services / Head of Function in advance.

REQUIREMENTS FOR THE PURCHASE OF SUPPLIES, SERVICES & WORKS

Request for Quotation (RFQ) Process - Quotations are to be sought using the Quick Quotes facility on eTenders in respect of purchases where the cumulative spend value on similar supplies, services or works across the organisation does not exceed €25,000 (supplies / services) or  €50,000 (works).

Request for Tenders (RFT) Process - A tender process in respect of contracts or establishing frameworks valued greater than €25,000 (supplies / services) or €50,000 (works) may only be conducted where a collaborative procurement arrangement is not available or proposed. Approval must be sought from the Office of Government Procurement in consultation with the Procurement Officer prior to publishing a tender on eTenders.  Any tender process conducted must be in accordance with the Procurement Procedures Manual. 

Approval Limits and Procedures - The financial limits and procedures in respect of contracts to purchase supplies, services and works (including contract awards arising from mini-competitions under framework agreements or drawdowns under collaborative contracts) are as follows:

Limits ex VAT

Procedures

up to €1,000

 (non-recurring purchases only)

  • A minimum of one quotation to be sought using Quick Quotes facility on eTenders.
  • Approval by Staff Officer or Assistant Engineer or employee of analogous or higher grade.
  • eTenders RFT ID number to be recorded in the description field on the purchase requisition.

up to €6,000

 

(Works, Supplies or Services)

  • A minimum of three quotations to be sought using Quick Quotes facility on eTenders.
  • Approval by Senior Staff Officer, Executive Engineer or employee of analogous or higher grade.
  • eTenders RFT ID number to be recorded in the description field on the purchase requisition.
  • Evaluation report to be completed and attached to purchase requisition except where the evaluation is based on lowest price only.

 

€6,000-€25,000

 

(Works, Supplies or Services)

  • A minimum of three quotations to be sought using Quick Quotes facility on eTenders.
  • Approval by Administrative Officer, Senior Executive Engineer or analogous or higher grade.
  • eTenders RFT ID number to be recorded in the description field on the purchase requisition.
  • Evaluation report to be completed and attached to purchase requisition except where the evaluation is based on lowest price only.

 

€25,000-€50,000

 

(Works only)

  • A minimum of five quotations to be sought using Quick Quotes facility on eTenders.
  • Approval by Chief Executive Order signed by Senior Executive Officer, Senior Engineer or analogous or higher grade. 
  • eTenders RFT ID number to be recorded in the description field on the purchase requisition.
  • Evaluation report to be completed and retained on file.
  • CE Order to be attached to the purchase requisition in all cases.

 

€25,000-€50,000

(Supplies or Services only)

  • Tenders to be invited by public advertisement on eTenders in accordance with Public Procurement requirements.
  • Approval by Chief Executive Order signed by Senior Executive Officer, Senior Engineer or analogous or higher grade.
  • eTenders RFT ID number to be recorded in the description field on the purchase requisition.
  • Tender evaluation report to be completed and retained on file.
  • CE Order to be attached to the purchase requisition in all cases.

Over €50,000

 

 

(Works, Supplies or Services)

  • Tenders to be invited by public advertisement on eTenders in accordance with Public Procurement requirements.
  • Approval by Chief Executive Order signed by Director of Services / Head of Function. 
  • eTenders RFT ID number to be recorded in the description field on the purchase requisition.
  • Tender evaluation report to be completed and retained on file.
  • CE Order to be attached to the purchase requisition in all cases.

 

eProcurement - The publication of all procurement opportunities, issue of tender documents, managing queries and submitting quotations / tender responses is to be conducted on the appropriate eProcurement systems (eTenders/SupplyGov).

Evaluation of Responses  - Evaluation of quotations / tender responses must be documented to ensure compliance with Public Procurement requirements.

Chief Executive Orders  - Chief Executive Orders in respect of the procurement of supplies, services or works must be in the format set out in the Procurement Procedures Manual.

Contract Award Notices - Each Director of Services / Head of Function is required to ensure Contract Award Notices are  published for all contracts in excess of €25,000 as required in accordance with Circular 10/14 and any other legislative requirements. This includes contracts awarded following mini-competitions or drawdowns under collaborative arrangements.

Tax Clearance and VAT - All suppliers must be compliant with current Tax Clearance legislation. All amounts described in this Chief Executive Order are exclusive of VAT. 

Purchasing Cards - Purchases using purchasing cards must be in accordance with the Low Value Purchase Cards Policy and Guidelines. Payments are to be approved by the appropriate Senior Staff Officer, Executive Engineer or an employee of analogous or higher grade who is not the cardholder.

Procurement Pipeline - Each Director of Services / Head of Function is required to produce and maintain a schedule of proposed procurements valued in excess of €25,000.  The schedule is to be submitted to the Procurement Unit for the following year by the end of November in the preceding year. The schedule is to be updated on a monthly basis.

Tender Register - Each Director of Services / Head of Function is required to inform the Procurement Unit of all procurements valued in excess of €25,000 to be recorded in the Tender Register. The Tender Register is to be updated on a monthly basis.

Contracts Database - Each Director of Services / Head of Function is required to inform the Procurement Unit of all contracts valued in excess of €25,000 to be recorded in the Contracts Database. The Contracts Database is to be updated on a monthly basis.

Procurement Officer - The role of the Procurement Officer is to provide specialist advice, guidance and to monitor and report on compliance with procurement obligations.  

Departments are required to consult with the Procurement Officer in ensuring that they are meeting their responsibilities to conduct their procurement activities in a manner that is compliant with procurement obligations. All information / documentation required by the Procurement Officer to enable him/her to fulfill their role are to be provided in line with procedures and in a timely manner.

Statutory Payments - Statutory payments are not subject to a tendering process but require a Chief Executives Order if in excess of €25,000. Statutory payments of less than €25,000 are subject to the approver limits indicated in this Chief Executive Order.

 

 

Supplier Performance

 

The Councils procurement procedures require that all existing contracts are monitored to ensure supplier performance and their conformity with the specification of requirements and tender submission. Performance reviews should be conducted on a periodical basis. 

 

Contracts Awarded

Below are a list of contracts awarded by Fingal County Council with value in excess fo €25,000. 

  Contracts Awarded Q1 2018

 

Contact Us

For additional information in respect of procurement, please contact us:

 

By email: procurement@fingal.ie