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Schools' Commissioning Toolkit
Commissioning Toolkit for Schools - Lasted edition released – May 2010
This now contains new guidance on the REMEDIES DIRECTIVE which came in to force on 20 December 2009. These powers increases the courts ability to step in should the school get the procurement process wrong. In some circumstances the court can now in effect stop a procurement process or tear up a contract. See section 4.11.5 & Appendix D19.
Free Commissioning “Health Checks” for your school.
See Section 6.4 and Appendix D18
Training
The next training sessions for school staff are (all 1:30 to 5:00 pm):
- Monday 11th October 2010 - Robertson House, Stevenage
- Tuesday 23rd November 2010- Apsley 2, Hemel Hempstead
- Thursday 3rd March 2010 - Robertson House, Stevenage
- Tuesday 10th May 2010 - Apsley 2, Hemel Hempstead
The training is delivered by: Steve Jacklin, CSF Strategic Commissioning Team
Cost: Free
Suitability: A beginners level course on purchasing within Herts Regulations, British and European law and an introduction to the Commissioning Toolkit for Schools for Headteachers/Business managers/School Office manager or anyone responsible in the school for commissioning/purchasing/contracting. School Governors are welcome.
To Book: Please e-mail the Herts HR Learning and Organisational Development inbox with requests to book onto the course:
hertshr.lod@hertscc.gov.uk
Tel: 01438 845105 (55105)
Free - School Purchasing/Contracting Guidance
To help you make the most of your budget the Department for Education, in liaison with HCC, has set up a local Hertfordshire Education Procurement Centres (EPC) staffed by two School Procurement Partners who are available to work with those responsible for procurement in your school to provide (a free service to schools):
• Information on existing contracts;
• Procurement health checks;
• Help in identifying and managing commercial risk;
• Assistance in identifying the best value for money procurement options;
• Advice to schools facing deficit budgets
• Training, advice and guidance on a range of procurement topics such as tendering, sustainable procurement and contract regulations.
A copy of the letter sent to all HCC schools is at Appendix D18 of the Schools' Commissioning Toolkit.
Schools' Commissioning Toolkit
The Schools' Commissioning Toolkit provides advice and guidance, enabling the school or children's centre Lead Agency to purchase (commission) goods, works and services in line with EU and British legislation and the County Council’s contract regulations.
It is important to remember that the amount of effort put in to the commissioning process should be dependent upon the total contract value. The greater the contract value the greater the effort needed. Only above £50,000 do you need to consider going out to tender. However EU/British laws are not optional.
GET IT WRONG and it could be very costly to you and the school, in time and money.
Some recent examples in Hertfordshire County Council:
- School A: dismissed a provider after an incident in class. There was no written contract; The provider threatened to sue for breach of contract. Result: a lengthy legal negotiation costing the school both time and money.
- School B: failed to check a contractor’s insurance. The contractor damaged the BT line. Result: the school had to pay the £10,000 repair bill.
- School C: a parents group had set up a breakfast club. School staff changed, knowledge and records were lost, no contract / agreement. There was a lack of common understanding and expectations, and communication between school and club became poor. Result: no monitoring of provision or basic child protection procedures, no ownership of the club, no working together for the good of the children, deteriorating relationships.
- School D: purchased £30,000 IT equipment from a local IT provider. There was no written specification produced, or testing of value for money in the market place. Result: The IT equipment provided could not meet the school’s expectations, as verified by an external independent report.
- School E: There was no written agreement with an external provider on a school site. The provider claimed tenancy rights. Alternative accommodation had to be found at the council’s expense.
GET IT RIGHT and the benefits include:
- Your needs analysis will clearly identify what you want, who for and why. This challenges impulse buying.
- You have a clearly defined written specification to share with a provider.
- The market place is checked for best value.
- A common understanding of expectations is developed from the start with the successful provider.
- Service user and provider both benefit from the positive relationship.
- The market is encouraged to expand – increasing options and better value for the purchaser.
- Your common understanding is backed up with legal contract documentation.
- You stay within the English and European law.
Schools' Commissioning Toolkit |
Schools' Commissioning Toolkit |
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Appendices |
D1 Contract Regulations |
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D2 Pre Purchase Checklist |
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D3 Tender Process |
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D4 Avoiding Unlawful Lease Arrangements |
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D4b Advice on Equipment Leases |
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D5 Self Employed Consultants Guidance
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D6 Risk Assessment Process |
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D7 Risk Potential Assessment Form (Schools) |
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D8 FAQS on ISA and Vetting and Barring Scheme |
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D8a New Duty to Refer - Guidance for Managers |
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D8b Preparing for Vetting and Barring |
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D8c Sharing Disclosure Criteria |
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D9 Child Protection Policy |
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D10 Contract Records to be kept in every School |
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D11 School's Tendering Process Chart |
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D12 Commissioning Competencies |
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D13 Lease or Hiring Agreements |
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D14 School's Minimum Requirements |
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D15 Purchases Under £50k |
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D16 Prepurchasing Flowchart |
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D17 Advice and Guidance on Works Contracts |
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D17a Major Property Project Process Guide |
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D17b Major Project Process Diagram |
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D17 Minor Works Chart |
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D18 Local Education Procurement Centre |
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D19 Guidance Remedies Directive |
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D20 Renewable Energy Advice |
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Templates |
T1 School Contract Register |
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T2a
Full services contracts with a value greater than £50,000 |
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T2aS Full Service Contract Schedules |
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T2b
Full goods contracts with a value greater than £50,000 |
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| T3a For contracts up to a value of £50,000 - Services |
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T3aS Mid Service Contract Schedules |
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T3b For contracts up to a value of £50,000 - Goods |
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T4 Letter of Agreement |
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T5a Consultant Contract for Services over £10,000 |
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T5b Consultant Contract for Services under £10,000 |
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T6 Service Level Agreement |
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T7 Specifications |
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T8 Requests for Quotes under £10k |
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T8B Requests for Quotes over £10k |
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T8C Procurement Quotes Record Form |
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T9 School Purchasing Appraisal Form |
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T9b Single Tender Approval |
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T10 Tender Record Form |
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T11a Tender Form Volume 1 |
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T11b Tender Form Volume 2 Return Schedules |
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T12 Tender Pack Letter |
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T13 Tender Return Address Labels |
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T14 Tender Evaluation Panel Form |
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T15 Side Letter |
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T16 Notification Form to CSF Commissioning |
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T17 Feedback Form |
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T19a Guidance for PQQ and Tender Regret Letters |
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T19b PQQ Accept Letter |
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T19c PQQ Regret Letter |
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T19d Tender Acceptance Letter |
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T19e Tender Regret Letter |
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T20 Guidance for Expression of Interest for Childcare |
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T21 Advert for Childcare |
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T22 Writing a Business Plan |
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T23 Expression of Interest Form |
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T24 Competency Questions |
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T25 Demonstrating Competencies |
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T26 Expressions of Interest
(Childcare provision) |
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T27 Invitation to Interview
(Childcare provision) |
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T28 Scoring Guidance for Expression of Interest Panel |
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T29 Panel Scoring Sheet |
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T30 Letter Unsuccessful Applicant |
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T31 Checklist for License Agreement |
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T32 Third Party Services on HCC Premises Flowchart |
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