Issue - meetings

To consider a report of the Monitoring Officer.

A report of the Monitoring Officer was submitted detailing proposals to make amendments to the Council’s Constitution in relation to:-

·         Contract Procedure Rules

·         Scheme of delegation – Officers and Executive

RESOLVED – That approval be given to the proposed amendments to the Constitution making changes to the Contract Procedure Rules and the ‘Scheme of Delegation as detailed in Appendix A and B of the report.

To consider a report of the Executive Councillor (Support & Governance)

The report sets out a number of proposed changes to the Constitution with regard to the Contract Procedure Rules (Appendix A) and the Scheme of Delegation – Officers and Executive (Appendix B).

The StaR Joint Committee has considered a set of rules which harmonise the procedures to be followed by Stockport, Rochdale and Trafford Councils before entering into contracts (the Contract Procedure Rules). using the shared procurement service (StaR). The rules preserve Stockport Council’s previous resolution on the award of contracts to companies that have been involved in blacklisting. If the changes to the Contract Procedure Rules are approved, changes to the Council’s Scheme of Delegation will be required to ensure that the authority to award contracts is clear.

The proposals have been considered by the Constitution Working Party and the Corporate, Resource Management & Governance Scrutiny Committee and their comments have been included in the report.

The Executive is invited to:-

(a)  comment on the proposed changes to the Constitution as set out in Appendices A and B of the report;

(b)  recommend the Council Meeting to consider the comments/recommendations made by the Constitution Working Party, the Corporate, Resource Management and Governance Scrutiny Committee and the Executive and adopt the proposed amendments as detailed in the report and its appendices.

Officer contact: Craig Ainsworth, 0161 474 3204, craig.ainsworth@stockport.gov.uk

The Executive Councillor (Support & Governance) submitted a report (copies of which had been circulated) inviting the Executive to consider proposed changes to the Council’s Contract Procedure Rules (PR6 of the Constitution) arising from the work of the Stockport, Trafford and Rochdale (STaR) joint procurement arrangement and sought to synchronise the procurement rules for each of the authorities. The rules retained Stockport Council’s previous resolution on the award of contracts to companies that had been involved in blacklisting. Resultant changes to the Officer scheme of Delegation (Part 3 of the Constitution) were also proposed.

The proposals had been subject to consultation with the Constitution Working Party and the Corporate, Resource Management & Governance Scrutiny Committee and their comments were included within the report.

RESOLVED – That the Council Meeting be recommended adopt the proposed amendments to the Scheme of Delegation (Part 3) and Contract Procedure Rules (PR6) contained within the Constitution as detailed in the report and its appendices.

To consider a report of the Monitoring Officer.

The report sets out a number of proposed changes to the Council’s Constitution under the following headings:

(a)       Contract Procedure Rules (Appendix A)

(b)       Scheme of delegation – Officers and Executive (Appendix B)

The Scrutiny Committee is recommended to consider and comment on the proposals for changes to the Constitution as set out in Appendices A and B inclusive.

Officer contact: Craig Ainsworth on 474 3204 or email: craig.ainsworth@stockport.gov.uk

The Monitoring Officer submitted a report (copies of which had been circulated) setting out a number of proposed changes to the Council’s Constitution with regard to the Contract Procedure Rules and the Scheme of Delegation – Officers and Executive. The STaR joint committee had considered a set of rules which harmonised the procedures to be followed by Stockport, Rochdale and Trafford Councils before entering into contracts (the Contract Procedure Rules).  The rules would harmonise the procedures to be followed by Rochdale, Stockport and Trafford Councils when awarding contracts using the shared procurement service (STaR).

The Constitution Working Party had considered the report on 22 April 2015 and the following comments were made/issues raised:-

·         There was a need for more information on the arrangement of pre-tender inspection visits.

Members of the Constitution Working Party had been advised that information would continue to be made available to the market and pre-tender inspection visits arranged in compliance with the Procurement Regulations 2015

·         The Contract Procedure Rules only covered cost changes and there was no procedure for handling different types of modification of a Contract or Framework Agreement.

Members of the Constitution Working Party had been advised that in the harmonised Contract Procedure Rules there was provision for some flexibility where the new Procurement Regulations 2015 allow this. The “modifications” section allows some flexibility in terms of variations to contracts and extensions within defined parameters.

·         If the number of contractors increased substantially without a select list then the processing costs to the Council would increase.

Members of the Constitution Working Party had been advised that this is something that STaR have identified and agreed to monitor/keep under review.                

·         A number of Council Officers, including the Internal Audit and Risk Manager, had been involved in the process of harmonising the Contract Procedure Rules from the three authorities from the outset.

·         The Contract Procedure Rules adhered to Stockport Council’s resolution on companies who had been involved in Blacklisting, as agreed by the Council Meeting on 11 September 2014.

The Scrutiny Committee considered the issues raised by the Working Party and debated how local businesses could carry out more work for Stockport, Rochdale and Trafford Councils. Whilst the local authorities were governed by the provisions of the Public Procurement Regulations 2015, encouragement would be given to local businesses to compete for contracts from the Council.

RESOLVED – That the Executive Meeting be requested to recommend the Council Meeting to approve the changes to the Constitution set out in Appendices A and B of the report.

To consider a report of the Monitoring Officer

The report sets out a number of proposed changes to the Constitution under the headings of Contract Procedure Rules and Scheme of Delegation – Officers and Executive which have been triggered by the set of rules which harmonise the procedures to be followed by Stockport, Rochdale and Trafford Councils before entering into contracts (the Contract Procedure Rules).

The Working Party is requested to consider and comment on the proposals for changes to the Constitution set out in Appendices A and B of the report.

Officer Contact: Craig Ainsworth on 0161 474 3204 or email: craig.ainsworth@stockport.gov.uk

The Monitoring Officer submitted a report (copies of which had been circulated) setting out a number of proposed changes to the Constitution under the headings of Contract Procedure Rules and Scheme of Delegation – Officers and Executive which had been triggered by the set of rules which harmonise the procedures to be followed by Stockport, Rochdale and Trafford Councils before entering into contracts (the Contract Procedure Rules).

The following comments were made/issues raised:-

·         There was a need for more information on pre-tender inspections.

·         The Contract Procedure Rules only covered cost changes and there was no procedure for handling different types of modification of a Contract or Framework Agreement.

·         If the number of contractors increased substantially without a select list then the processing costs to the Council would increase.

·         A number of Council Officers, including the Internal Audit and Risk Manager, had been involved in the process of harmonising the Contract Procedure Rules from the three authorities from the outset.

·         The Contract Procedure Rules adhered to the Council’s policy on opposing construction forms that engaged in blacklisting, as agreed by the Council Meeting on 11 September 2014.

RESOLVED – That the comments of the Working Party be submitted to the Corporate, Resource Management and Governance Scrutiny Committee for consideration.