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Procurement Annual Report

1 April 2022 to 31 March 2023

1145 Appendix 4

IMAGE: The Orkney Islands Council crest appears above the document title “Procurement Annual Report” and the reporting period “1 April 2022 to 31 March 2023.”

Contents

  • Introduction — 5
  • Section 1 – Summary of Regulated Procurements Completed — 7
  • Section 2 – Review of Regulated Procurement Compliance — 8
    • Procurement and Commercial Improvement Programme (PCIP) — 8
    • Internal Audit — 8
    • Contract Standing Orders — 9
    • Procurement Strategy — 9
  • Section 3 – Community Benefit Summary — 10
    • Procurements that have included Community Benefits — 11
    • Other considerations — 12
  • Section 4 – Supported Businesses Summary — 14
  • Section 5 – Future Regulated Procurements Summary — 15
  • Section 6 – Other Information — 16
    • Supplier Development — 16
    • Collaboration and Partnering Opportunities — 17
    • Procurement Annual Spend Data — 20
    • Climate Change Duties — 22
    • Biodiversity Duty — 22
    • Changes to Procurement Legislation at the end of the EU Exit Transition Period — 23
    • Changes in Scotland’s Public Procurement Reporting Requirements for 2022-23 — 23
  • Appendix 1 - Summary of Regulated Procurements 1 April 2022 to 31 March 2023 — 24
  • Appendix 2 – Procurement Service Improvement Action Plan 2022 to 2023 — 28
  • Appendix 3 - Forward Plan for Regulated and Unregulated Procurements April 2024 to March 2026 — 49
  • Anticipated Long Term Capital Projects — 56

Definition of Key Terms

TermDefinition
Contract.An agreement between the Council and any Contractor made by formal agreement or by issue of acceptance or an official order for Supplies, Services or Works.
Contractor(s).Includes any sole trader, partnership or company (limited or unlimited) or any duly incorporated trade, professional or commercial body.
Delegated Authority.Officers who have been given formal written authority by their Executive Director or Chief Officer to manage procurement exercises within a specified value range on behalf of the Council.
Threshold.The threshold for determining the application of the Regulations. In the case of the Public Contracts (Scotland) Regulations 2015 the threshold is £213,477 (indicative value excluding 20% VAT £177,897) for Supplies and Services and £5,336,937 (indicative value excluding 20% VAT £4,447,897) for Works. In the case of the Utilities Contracts (Scotland) Regulations 2016 the threshold is £426,955 (indicative value excluding 20% VAT £355,795) for Supplies and Services and £5,336.937 (indicative value excluding 20% VAT £4,447,897) for Works.
Framework Agreement.An overarching agreement with supplier(s) to establish terms governing individual contracts that may be awarded during the life of the agreement (‘call-offs’), concluded in accordance with Section 34 of the Public Contracts (Scotland) Regulations 2015.
Health and Social Care Services.A public contract or framework for social and other specific services listed in Schedule 3 of the Public Contracts (Scotland) Regulations 2015.
Life-Cycle Costing.All consecutive or interlinked stages, including research and development to be carried out, production, trading and its conditions, transport, use and maintenance, throughout the existence of the product or the works or the provision of the service, from raw material acquisition or generation of resources to disposal, clearance and end of service or utilisation.
Procurement.The process leading to the award of a public contract or framework agreement or establishment of a dynamic purchasing system for the acquisition of works, supplies or services from an economic operator.
Public Contracts Scotland (PCS) portal.The Scottish Government’s official national advertising portal for public sector contract opportunities.
Quick Quote (QQ).An online quotation facility which allows the Council to obtain competitive quotes electronically for: low value requirements between £10,000 and £50,000; and Unregulated Works Contracts, depending on complexity of contract (as defined in Clause 17 of the Council’s Contract Standing Orders).
Quotation.A formal offer to supply or purchase supplies, execute works or provide services where the estimated value of the contract does not exceed £50,000.
Regulated Procurement.As defined by the Procurement Reform (Scotland) Act 2014 and referred to as the Reform Act ‘slice’ a regulated procurement for Goods or Services Contracts with a value of over £50,000 and for Works Contracts over £2,000,000 and less than the relevant Thresholds.
Regulations.The Public Contracts (Scotland) Regulations 2015, the Procurement Reform (Scotland) Act 2014, the Procurement (Scotland) Regulations 2016 and / or the Concession Contract (Scotland) Regulations 2016 as the context requires, but where the Council is acting as a Harbour Authority and chooses to do so, the Utilities Contracts (Scotland) Regulations 2016.
Supplies.Goods or the hire of goods and for any siting or installation of those goods.
Tender.A formal offer to supply or purchase supplies, execute works or provide services where the estimated value of the contract is £50,000 (excluding VAT) or more.
Unregulated Works Procurement.A contract for Works with a value of between £50,000 and £2,000,000, being a procurement not covered by the Regulations and procured utilising the Council’s database of pre-approved contractors.
Works.Building construction, building maintenance or engineering works.

Introduction

Orkney Islands Council (‘the Council’), provides a range of facilities and services to a community with a population estimated as 22,190 in mid-2018 by the Office of National Statistics. The Council is also the Harbour Authority with a port estate of 29 piers and harbours, a Roads Authority for the islands and operates a network of internal air and ferry services.

The Council provides procurement and related services for a wide range of works, supplies and services with an annual spend, for the financial year 2022 to 2023, of over £67 million.

The Council operates a devolved model of procurement across five directorates. The central Procurement Services Team is based within Legal and Governance, having moved from Building Services, and consists of 4.7 full-time equivalent staff: a Service Manager (Procurement), three Procurement Officers and an Assistant Procurement Officer post. The Service Manager’s responsibilities include the development of a network of 16 trained and experienced officers across the Council who are assigned delegated responsibility for the procurement of supplies, services and works.

The Council published its Procurement Strategy, as required by the Procurement Reform (Scotland) Act 2014 (‘the Act’), in December 2016 updated this in January 2019, June 2020 and subsequently in June 2022. To report compliance with its Procurement Strategy and the Act itself, the Council must publish an annual report.

There are 11 key priorities identified in the Procurement Strategy as follows:

  • Sustainability.
  • Working with suppliers.
  • Value for money.
  • Collaboration and partnering.
  • Governance.
  • Contract management.
  • Communication.
  • E-Procurement.
  • Monitoring and measurement.
  • Guidance.
  • Training.

The six key priority areas where targets have been identified and are attributable for the Procurement Strategy reporting period ending 31 March 2023 remain the same as for the previous year and are as follows:

  • Sustainability.
  • Working with suppliers.
  • Value for money.
  • Collaboration and partnering.
  • Contract management.
  • E-Procurement.

The guidance and template issued by the Scottish Government has been used for this sixth Procurement Annual Report. The reporting period for this sixth annual report is from 1 April 2022 to 31 March 2023.

In addition to the required information set out in the Act, this report includes performance against several strategic indicators as detailed in the Council’s Procurement Strategy 2021 to 2023.

To evidence our progress against our strategic targets and the new duties introduced by the Act, the published Annual Report details the form of measurement taken. The statistics presented in this report provide the evidence which should, over time, show how the Council is progressing against both the national and local objectives. Targets were set in the Council’s Procurement Strategy and progress towards these has been noted in this sixth Procurement Annual Report.

Section 1 – Summary of Regulated Procurements Completed

Section 18(2) of the Act requires organisations to include ‘a summary of the regulated procurements that have been completed during the year covered by the report’.

As defined by the Act and referred to as the Reform Act ‘slice’ a regulated procurement is for Goods or Services Contracts with a value of over £50,000 and for Works Contracts over £2,000,000 and less than the relevant Thresholds.

A Regulated Procurement is completed when the award notice is published or where the procurement process otherwise comes to an end. This includes contracts and framework agreements.

Appendix 1 provides the breakdown of the Regulated Procurements completed for the reporting period of 1 April 2022 to 31 March 2023.

Section 2 – Review of Regulated Procurement Compliance

All procurement exercises carried out by the Council are required to be carried out in accordance with the Council’s Contract Standing Orders (CSOs) and these are regularly updated to take account of changes in legislation and best practice in procurement.

Prior to the point of contract award, all recommendation reports are required to include a statement that the CSOs have been complied with, therefore full compliance is anticipated. Examples of internal and external review of the Council’s processes and compliance with these processes are detailed in the audit / improvement capability outcomes as follows:

Procurement and Commercial Improvement Programme (PCIP)

The Council first completed Scotland Excel’s PCIP in July 2017. The PCIP is undertaken every two years and a second PCIP assessment for the Council took place on 3 September 2019. Outcomes and recommendations from this exercise are incorporated as a process of ongoing procurement improvement. An assessment was due in Autumn 2021, this was delayed due to Covid, and the new proposed date for Scotland Excel to undertake the next PCIP is March 2024.

The objective of the PCIP is to assist the Council to improve its structure, capability, processes and ultimately performance by attaining a level of procurement performance that is appropriate to the scale and complexity of its business. As part of the PCIP the Council is required to demonstrate a prudent and well-planned approach to defining its supply needs. Assessment of the Council’s procurement improvement capability is carried out every two years by Scotland’s Centre of Expertise, Scotland Excel, and covers procurement activities carried out by the Council’s Officers with Delegated Authority in the Procurement, Capital Projects, Facilities and Engineering Teams.

Internal Audit

The following three internal audits were undertaken within the reporting period of 1 April 2022 to 31 March 2023.

Orkney Health and Care Contract Managed Services

An internal audit of OHAC contract managed services was completed prior to the end of the reporting period 2022/23. The findings of this report were presented to the Monitoring and Audit Committee on 9 February 2023 and provided limited assurance around the processes and procedures relating to contract managed services in Orkney Health and Care. The Audit Report is available here.

Golden Mariana Replacement – The Nordic Sea

An internal audit of the governance arrangements and processes followed in acquiring the Nordic Sea was completed prior to the end of the reporting period 2022/23. The findings of this report were presented to the Monitoring and Audit Committee on 22 September 2022 and provided adequate assurance relating to the governance arrangements leading to the decision to acquire the Nordic Sea. The Audit Report is available here.

Freya of Scapa – Procurement

An internal audit was undertaken on the procurement process undertaken for the new build tugboat Freyja of Scapa, and was completed prior to the end of the reporting period 2022/23. The findings of this report were presented to the Monitoring and Audit Committee on 30 March 2023 and provided substantial assurance relating that processes relating to the procurement of the tug are well controlled and managed. The Audit Report is available here.

Contract Standing Orders

The Council’s CSOs were significantly updated, revised and published in June 2016 to include the provisions of the Act and the Procurement (Scotland) Regulations 2016. The CSOs were also updated to include recommendations of an internal audit on procurement at the Council. The CSOs were approved by General Meeting of the Council 5 July 2016.

Since then the CSOs have been updated a number of times. In October 2017 and March 2018 respectively to reflect an additional procedure to ensure there is documentation to evidence that there are no conflicts of interests for evaluation team members and to update the EU Threshold for procurement, and then in January 2020 which included the new EU thresholds and included an update on new procurement procedures in use by the Council.

Changes to the CSOs were highlighted to Senior Managers and key procurement staff, and within the organisation, by way of the Procurement Services Bulletin. The CSOs were further updated in July 2022 which amongst other national policy changes incorporated the need to include VAT, where applicable, when calculating the estimated value of contracts under the procurement regulations from 1 January 2022. The next update of the Council’s Contract Standing Orders is due early in 2024 to take account of the Threshold changes due to take effect in January 2024.

Procurement Strategy

The Council’s Procurement Strategy was first published in December 2016.

The Strategy was updated in January 2019 and has subsequently been updated again for the period 2021 to 2023 with the intention that a public consultation would be undertaken in 2023. This consultation took place over the summer of 2023 with the final draft updated Strategy to be presented to the Policy and Resources Committee in November 2023.

Appendix 2 attached to this report is the Procurement Service Improvement Action Plan which contains the Procurement Strategy targets set and records the progress made over the last financial year.

Section 3 – Community Benefit Summary

The Council has a Sustainable Procurement Policy. This policy sets out the general principles that the Council will follow across all its procurement and commissioning activities to ensure that it is undertaken in a sustainable manner.

This Policy also sets out how the Council will plan and manage its procurement activities to meet the Council’s corporate aims and objectives and comply with regulatory and legislative requirements. Finally, the policy supports the Council’s commitment to sustainable procurement which is set out in the Council’s Corporate Procurement Strategy 2021-2023.

The Procurement Strategy is intended for all of those who are involved in, or affected by, the Council’s procurement activities throughout our community and beyond. The Council spends tens of millions of pounds each year on a diverse range of goods, services and works from third parties. It is important therefore that this spending power is used to support key Council objectives. The Sustainable Procurement Policy has been developed to help the Council to meet its legal duties and to deliver its key strategic objectives. The Sustainable Procurement Policy available here was updated and approved by Council in March 2022. Due to the Council’s fast developing policy to meet its Climate Change Duties and progress to Net Zero the Sustainable Procurement Policy will be reviewed and issued for Public Consultation in 2024.

Sustainable procurement supports the Council’s values, as outlined in the Council Plan 2018-2023 and the Council Delivery Plan 2018-2023 which cover the reporting period of this Procurement Annual Report.

The Strategic Themes identified are as follows:

  • Connected Communities.
  • Caring Communities.
  • Thriving Communities.
  • Enterprising Communities.
  • Quality of Life.

Future Procurement Annual Reports will report on the Procurement Strategy 2023 to 2028 which are aligned to the new Council Plan 2023-2028, which has the following strategic priorities:

  • Growing our Economy.
  • Strengthening our Communities.
  • Developing our Infrastructure.
  • Transforming our Council.

The Sustainable Procurement Policy will be reviewed and updated to align with the Council Plan and Council Delivery Plan 2023 to 2028 prior to the public consultation to be undertaken in 2024.

It is a statutory requirement that Community benefits must be considered for all procurement processes at or above £4 million in value to meet the Council’s requirement to meet the sustainable procurement duty.

For each individual Regulated Procurement exercise, Officers with Delegated Procurement Authority must complete a ‘Commodity Strategy for all Regulated Procurements’ which includes a section on Community Benefits to be considered where applicable.

Procurements that have included Community Benefits

There have been four procurements, where Community Benefits for procurements with a contract value over the £4,000,000 threshold, have been included and have been carried out by the Council.

For procurement of Category C (local contract / framework including local collaborative framework agreements) Contracts which are undertaken by the Council, Community Benefits are included without exception as part of the award criteria where the value of the contract is over £4 million. This is recorded in the Procurement Strategy Improvement Action Plan, attached at Appendix 2.

These contracts are as follows, and have either been completed or have ongoing spend within the reporting period for this annual report:

Date of Award.Subject Matter.Estimated Value (£).Start Date.End Date.
01/02/2019.Supply of One New Towage Boats.6,845,642.05/09/2022.31/01/2023.
05/01/2021Inter-island Air Services4,880,363.01/04/2021.31/03/2025.
09/04/2021School and Public Bus Contracts4,672,014.16/08/2021.15/08/2031.
15/03/2022New Kirkwall Care Facility12,641,675.25/05/202223/08/2024

Where the Council can access Category A (national collaborative) contracts or Category B (sectoral collaborative) contracts via Framework Agreements the overall anticipated value of the Framework is inevitably of a high value and likely to be over the £4 million threshold for the inclusion of community benefits.

Contracts awarded under Framework Agreements are required to achieve Community Benefits as mandatory. However, for contracts awarded via a Framework Agreement it is more difficult to identify Community Benefits which will be realised locally, except where the local supply chain is involved in the delivery of the Contract.

Monitoring of Community Benefits for exercises before this year have continued as planned.

For the new Tugboat, sea and shore staff have been trained in the use of new equipment and maintenance prior to and following the vessel being delivered to Orkney waters. There is also a requirement for the knowledge of modern technology to effectively be passed on to increase the knowledge base of local suppliers. This will be necessary due to the requirement for a higher level of shore side backup for the new vessel.

There has been an increase in the number of contracts over the value of £4 Million with Community Benefit Clauses over the past financial year. However the inclusion of Community Benefit Clauses is now routinely considered where appropriate for all procurements.

Community Benefit Analysis.1 April 2022 to 31 March 2023.
Total Number of Contracts where Community Benefit Clauses have been included.54.
Number of *Applicable Contracts with Community Benefit Clause.4.
Percentage of total *Applicable Contracts with Community Benefit Clauses.100%.

*The remaining 46 contracts noted relate to those under the £4M threshold.

Other considerations

The following factors are routinely taken into consideration in relevant procurements, especially in construction or social care procurement. However, these may not always be specifically labelled as Community Benefit Award Criteria:

  • Climate change (carbon and energy consumption, carbon in production, adaption, carbon in vehicle emissions).
  • Materials (scarcity, security).
  • Waste (production, reuse / recondition / remanufacture).
  • Hazardous materials / emissions.
  • Bio-diversity (protection and enhancement).
  • Heritage (protection and enhancement).
  • Water (consumption and production).
  • Employment (skills and training, SMEs / social enterprises / supported businesses).
  • Communities.
  • Fair and ethical trading (working conditions, conflict materials).
  • Equality (protected characteristics).

Following the legislative changes, and as recorded for the financial years covered by this report on the Council’s On-Contract Spend Register, there have been a total of 48 procurements undertaken including live ongoing contracts to the end of the March 2023 reporting period where Sustainability Clauses have been part of the award criteria.

The most notable significant procurement exercises which were undertaken during the current reporting period include the new Public and School Transport services, the outer isles Kerbside Collection Services, catering contracts and the isles haulage services which incorporated proportionate sustainable procurement clauses and have resulted in positive contributions from bidders.

In the main, responses to the community benefits sections for these contracts have ranged from a focus on offering work placements, employment opportunities for individuals experiencing long term unemployment, apprenticeships etc to supporting community events by providing free transport.

In accordance with the Council’s Sustainable Procurement Policy, the inclusion of sustainable procurement clauses in award criteria are considered for all contracts where this is appropriate. The following table illustrates the number of contracts where sustainable procurement clauses have been included regardless of value.

Sustainability Clauses Analysis.1 April 2022 to 31 March 2023.
Number of Contracts where Sustainability Procurement Clauses have been included.48
Percentage of total Category C (local contract / framework including local collaborative framework agreements) Contracts with Sustainable Procurement Clauses.22%

A summary of the Community Benefits and Sustainable Procurement clauses as part of the award criteria for the procurements included within the reporting period are as follows:

  • Employment (skills and training, small or medium-sized enterprises (SMEs) / social enterprises / supported businesses).
  • Fair Work Practices.
  • Transport and emissions.
  • Employment opportunities for people who experience barriers to employment.

Section 4 – Supported Businesses Summary

The Act included a new classification for supported business, and defined a supported business as ‘an economic operator whose main aim is the social and professional integration of disabled or disadvantaged persons and where at least 30% of the employees of the economic operator are disabled or disadvantaged’.

Public organisations can restrict the right to participate in procurement for the award of a public contract / framework to supported businesses only.

This change expanded the potential for more businesses to be included in this category however the Council’s contract activity for the reporting year has not provided an opportunity to carry out such an exercise.

Section 5 – Future Regulated Procurements Summary

The Procurement team has worked with Corporate Directors across the Council to develop a forward procurement plan for their service areas. These plans identify the Council’s anticipated procurement activity for the coming year for Category C and C1 procurement (excluding Category A and B activity).

The Act has extended this timeframe to two years and Appendix 3 includes information regarding anticipated Regulated Procurements for that period. As referenced in the introduction above, this report includes information on all procurement activity and this is included in the Forward Plan, i.e. it also covers ‘non-regulated’ procurement.

See Appendix 3 for the Council’s Forward Plan.

Section 6 – Other Information

Supplier Development

In the past an annual Meet the Buyer event has been held annually for the years 2018 to 2020.

Since the Covid-19 pandemic and with the increase in on line events there have been no overarching Meet the Buyer events organised. However contract specific market engagement events have taken place in a format compatible with the market at the time where required and on a case by case basis. These events are organised by the service area and in conjunction with the Council’s Procurement Team.

An example of this was the Meet the Buyer Event for the Supply and Delivery of Food to schools, NHS Orkney and the Council’s residential establishments. A representative from the Food for Life Scheme also presented at this event and provided some valuable insights into initiatives in other parts of Scotland encouraging growth in the local supply market. The focus of this event was to explain the rationale for the forthcoming procurement exercise and signpost the support available via the Business Gateway Orkney Service and the Supplier Development Programme.

A significant Meet the Buyer event was held in November 2022 at the Pickaquoy Centre, Kirkwall led by Orkney Harbour Authority / Marine Services for the Orkney Harbours Masterplan project to promote supplier engagement with both the local suppliers and contractors in the market from the UK and wider markets.

This was undertaken prior to the procurement exercise for the Scapa Deep Water Quay Design and Construction project which commenced in 2023, and included a site visit, which is normal practice for an engineering project. This event was advertised via a Prior Indicative Notice (PIN) on the Public Contracts Scotland advertising portal and attracted a large number of contractors / subcontractors, national, UK wide and international.

Similarly the Supplier Development Programme has been active in providing support to contractors and has also actively involved in helping local firms do business better with the Council.

The following commitments have been made as part of the Council’s Procurement Improvement Action Plan:

  • To increase attendance at ‘meet the buyer’ or equivalent events to cover areas of concern, engage with local suppliers and advise on how to become a supplier to the Council. Encourage main contractors to engage with SMEs through the inclusion of Community Benefit clauses.
  • Encourage suppliers to the Council to access support available to businesses, via Business Gateway Orkney and the Supplier Development Programme.

Meet the Buyer events, following the format of the food procurement and the Orkney Harbours Masterplan projects, will continue to be undertaken where this is deemed a suitable route for contract/sector specific market engagement for future procurement exercises.

Collaboration and Partnering Opportunities

In accordance with the Council’s Procurement Strategy there is a Council commitment regarding collaboration and partnering. It is recognised that greater efficiencies can be achieved by improved collaboration between different organisations within the public sector with similar requirements, whether within the local government sector or in other areas of the public sector, such as the Scottish Government, the Crown Commercial Service, Non-Departmental Public Bodies and the National Health Service (NHS).

Collaboration maximises the value of procurement whether it be through aggregation of demand or through the sharing of resources to reduce administration. Framework Agreements are noted as either a Category A Contract or a Category B Contract or Category C1 for local collaborative contracts in place. The Council’s use of these is shown in the tables below.

The Council’s internal contract register lists all purchases for works, services and supplies known to have a contract in place. This register does not include ad hoc purchases for values typically under the £10,000 minimum threshold as noted in the Council’s CSOs. There are exceptions to this rule where the nature or complexity of the contract does warrant having a contract in place regardless of being of low value (under £10k, for example, IT licensing agreements, cleaning contracts etc.

In total there are 472 live contracts listed in the Council’s contract register for the year 1 April 2022 to 31 March 2023.

Tables 1, 2, 3, 4, and 5 below summarise all live contracts as recorded on the Council’s Contract Register by category for the previous five complete financial years and a corresponding split between Services, Supplies and Works.

Table 1 – 1 April 2018 to 31 March 2019

Contract Category Analysis.Number.Percentage of Total Value.Estimated Contract Value (£).
Category A (national).120.9.29%.3,239,609.60.
Category B (sectoral).29.6.76%.2,356,310.38.
Category C (local single supplier).190.75.57%.26,339,687.96.
Category C1 (local contract / framework including local collaboration).12.1.05%.364,900.00.
Category O (other).117.7.33%.2,553,243.36.
Total.468.100.00%.34,853,751.30.

Examples for Category C1, are as for 2016 / 2017, the provision of contracts for food, specialist legal services working collaboratively and e-learning working collaboratively with other Public Authorities with the addition of the provision of tax advisory services.

Type of Contract.Number of Contracts.Percentage of Total Contracts.Value of Contracts (£).Percentage of Total Value.
Service.244.52.14%.17,163,049.95.49.24%.
Supply.162.34.61%.4,896,225.17.14.05%.
Works.62.13.25%.12,794,476.18.36.71%.
Total.468.100.00%.34,853,751.30.100.00%.

Table 2 - 1 April 2019 to 31 March 2020

Contract Category Analysis.Number.Percentage of Total Value.Estimated Contract Value (£).
Category A (national).35.7.63%.£3,158,775.74.
Category B (sectoral).33.5.83%.£2,413,179.78.
Category C (local single supplier).201.71.40%.£29,559,423.37.
Category C1 (local contract / framework including local collaboration).12.0.75%.£311,378.48.
Category O (other).145.14.39%.£5,959,463.85.
Total.426.100.00%.£41,402,221.23.

Examples for Category C1, are as for 2016 / 2017, the provision of contracts for food, specialist legal services working collaboratively and e-learning working collaboratively with other Public Authorities with the addition of the provision of tax advisory services.

Type of Contract.Number of Contracts.Percentage of Total Contracts.Value of Contracts (£).Percentage of Total Value.
Service.277.65.02%£18,328,542.2744.27%
Supply.80.18.78%£12,044,994.2129.09%
Works.69.16.20%£11,028,684.7526.64%
Total.426.100.00%.£41,402.221.23100.00%.

Table 3 – 1 April 2020 to 31 March 2021

Contract Category Analysis.Number.Percentage of Total Value.Estimated Contract Value (£).
Category A (national).25.7.69%.£2,828,299.00.
Category B (sectoral).29.7.24%.£2,662,194.74.
Category C (local single supplier).212.58.82%.£21,618,832.83.
Category C1 (local contract / framework including local collaboration).13.1.02%.£373,967.50.
Category O (other).149.25.23%.£9,540,039.67.
Total.428.100.00%.£37,023,333.74.

Examples for Category C1, are as for 2016 / 2017, the provision of contracts for food, specialist legal services working collaboratively and e-learning working collaboratively with other Public Authorities with the addition of the provision of tax advisory services.

Type of ContractNumber of Contracts% of Total ContractsValue of Contracts% of Total Value
Service275.64.25%.£19,064,537.13.51.49%.
Supply57.13.32%.£10,829,453.22.29.25%.
Works96.22.43%.£7,129,343.39.19.26%.
Total.428.100%.£37,023,333.74.100%.

Table 4 – 1 April 2021 to 31 March 2022

Contract Category Analysis.Number.Percentage of Total Value.Estimated Contract Value (£).
Category A (national).542.39%£1,002,229.10
Category B (sectoral).5810.21%£4,282,885.39
Category C (local single supplier).22263.22%£26,531,161.52
Category C1 (local contract / framework including local collaboration).101.20%£503,333.29
Category O (other).15922.98%£9,643,541.36
Total.503100.00%£41,963,150.67

Examples for Category C1, are as for 2016 / 2017, the provision of contracts for food, specialist legal services working collaboratively and e-learning working collaboratively with other Public Authorities with the addition of the provision of tax advisory services.

Type of ContractNumber of Contracts% of Total ContractsValue of Contracts% of Total Value
Service32364.21%£22,203,979.3452.91%
Supply10921.67%£4,544,836.9210.83%
Works7114.12%£15,214,334.4136.26%
Total.503100%£41,963,150.67100%

Table 5 – 1 April 2022 to 31 March 2023

Contract Category Analysis.Number.Percentage of Total Value.Estimated Contract Value (£).
Category A (national).659.70%£5,477,199.06
Category B (sectoral).507.86%£4,438,800.93
Category C (local single supplier).21254.81%£36,577,955.46
Category C1 (local contract / framework including local collaboration).101.51%£850,084.39
Category O (other).13516.11%£9,094,367.60
Total.472100.00%£56,438,407.43

Examples for Category C1, are as for 2016 / 2017, the provision of contracts for food, specialist legal services working collaboratively and e-learning working collaboratively with other Public Authorities with the addition of the provision of tax advisory services.

Type of ContractNumber of Contracts% of Total ContractsValue of Contracts% of Total Value
Service31065.82%£25,980,242.6846.03%
Supply11524.36%£16,015,275.6527.38%
Works479.96%£14,442,889.1025.59%
Total.472100%£56,438,407.43100%

Procurement Annual Spend Data

The Council is required by the Scottish Government to input its annual spend data to the Procurement Hub which records all purchasing transactions made by the Council for each financial year. The information is processed and released back to the Council for the purposes of analysis and forward planning.

The following table provides a summary of key data for the Council spend data for the past five financial years.

Financial Year.2018 / 2019.2019 /2020.2020 / 2021.2021 / 2022.2022 / 2023.
Total Spend (£).£45,158,580£45,351,144£40,405,786.00£53,235,315.00£69,968,064
Core Trade Spend£40,890,739£41,136,579£37,412,755.00£50,458,363.00£66,663,75
Input suppliers.2,129.2,1431,802.002,205.002,168
De-dedicated Suppliers.2,091.002,103.001,764.001,998.002,136
Duplicate Suppliers.3840382732
SME Suppliers.671730670971794
Local Suppliers.238249217294269
Transactions.34,684.0035,29929,22634,99936,472
Average Spend per supplier (£).£ 21,596£21,564£ 22,906£26,644£32,757
Percentage of SME67%.65%.61%.62%.59%
Percentage of Local Spend.47%.41%.38%.41%.41%
Amount of Local Spend (£)£ 19,218,647£ 19,334,192.£17,583,994.£ 23,715,430.61£ 31,331,966.
Percentage of Core Trade Spend of Total90.55%90.70%.92.59%.94.50%.95.28 %

Key to categories in Procurement Annual Spend table:

  • Total Spend – the total amount of spend for the financial year.
  • Input Suppliers – the number of suppliers, before de-duplication.
  • De-duplicated Total Suppliers – the number of unique suppliers.
  • Duplicate Suppliers – the number of suppliers which are duplicates of another supplier.
  • Transactions – the total number of transactions.
  • Avg. spend per supplier – the average spend per unique supplier.
  • Core Trade Spend – core Trade is a sub-set of your supply base that includes all Trade Suppliers and Social Care Provider with whom you have spent £1,000 or more in the financial year.
  • SME Supplier – Small and Medium sized businesses where the supplier has less than 249 employees or where the annual revenue is less than £22.8m.
  • SME Spend – spend with SME as a percentage of Core Trade Spend.
  • Local Suppliers – spend with suppliers within the same local authority area as your organisation (based on Postcodes).
  • Local Spend – spend with local suppliers as a percentage of Core Trade Spend.

Procurement Spend – National Context

The Council was (41%) in comparison to the whole of Scotland for the reporting period 2020 to 2021, for total procurement spend on local SMEs (Figure 1).

Orkney’s procurement spend on local SMEs is 11% above the ‘all Scotland’ national average of 30% for the 2020 to 2021 period.

Please note that the figures referred to in this section are the percentages of the Council’s spend on local SMEs which is a different data set to the figures recorded for percentage of SME Spend and percentage of Local Spend in the table above. This information is sourced from the Local Government Benchmarking data sets and are the 2020 to 2021 figures. These are the most up to date statistics available to illustrate the national context.

Climate Change Duties

The Climate Change (Scotland) Act 2009 places ‘Climate Change Duties’ (CCD) on public bodies, which require them to:

  • Contribute to national carbon emissions reduction targets.
  • Contribute to climate change adaptation.
  • To do this sustainably.

All public bodies are required to prepare reports on compliance with climate change duties for submission to the Sustainable Scotland Network at the Edinburgh Centre for Carbon Innovation, setting out what they are doing to fulfil their CCD. The Council has a statutory requirement to provide the above information in in annual reports from reporting year 2021/22 onwards, as part of The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2020.

The Council’s 2022 to 2023 annual CCD report will be considered by Council in November 2023. Copies of previous CCD reports may be accessed here.

Biodiversity Duty

Part 1 of the Nature Conservation (Scotland) Act 2004 places a ‘Biodiversity Duty’ on public bodies, requiring them to ‘further the conservation of biodiversity’ when carrying out their functions. Local authorities are well placed to deliver biodiversity conservation; as land managers and planning authorities, they can have a significant positive impact on biodiversity protection, as well as identifying opportunities for enhancement. Across a range of functions there are also opportunities for education, community engagement, sustainable resource management, projects and initiatives which can deliver significant benefits for biodiversity.

The Wildlife and Natural Environment (Scotland) Act 2011 requires public bodies in Scotland to provide a publicly available report, every three years, describing the actions which they have taken to meet their Biodiversity Duty. Orkney Islands Council has already published Biodiversity Duty reports in 2014, 2017 and 2020, the most recent of which is available on the Council’s website here.

The Council is a member of the Orkney Local Biodiversity Action Plan Steering Group and helps prepare and implement the Orkney Local Biodiversity Action Plan (LBAP). First published in 2002 then revised in 2008, 2013 and 2018, the LBAP identifies actions which can be taken locally, and which will contribute to the conservation of those species and habitats identified as being ‘at risk’ or ‘threatened’ in the UK. All four versions of the LBAP are available on the Council’s website here.

Changes to Procurement Legislation at the end of the EU Exit Transition Period

The Scottish Government produced a policy note SPPN 11/2020 on 17 December 2020 regarding changes to Procurement legislation at the end of the EU Exit Transition period in January 2021. This policy note was subsequently updated on 19 April 2021 with a further policy note SPPN 5/2021 issued on 18 August 2021.

The Council’s key policy documents have been amended in accordance with the guidance issued by the Scottish Government during the period covered by this Procurement Annual Report and into the 2022/23 reporting period. This will continue as further policy notes are issued.

Changes in Scotland’s Public Procurement Reporting Requirements for 2022-23

In May 2021, following consultation across the public sector and with representatives from business and the third sector, the Public Procurement Group (PPG) published a set of seven priorities for all public procurement leaders across Scotland. These priorities, high level aims and aspirational delivery statements for all public procurement leaders, demonstrate the Scottish Government’s commitment to using the power of procurement to deliver and influence outcomes that are good for the people of Scotland. Following a period of review, the public procurement priorities were updated for 2022 to 2023.

The Scottish Government produced a policy note SPPN 2/2023 on 4 May 2023 regarding future reporting requirement for the 2022 to 2023 period.

To date there has been no change to the reporting requirements requested by the Scottish Government.

Appendix 1 - Summary of Regulated Procurements 1 April 2022 to 31 March 2023

Date of AwardSupplier NameSubject MatterEstimated ValueStart DateEnd Date
01/04/2022R Clouston LtdMeasured Term Contract 22-26£3,746,351.7101/04/202231/03/2025
01/04/2022Ballicom InternationalVarious IT Peripherals£52,932.3201/04/202231/03/2023
01/04/2022Vohkus LtdVarious IT Peripherals£122,122.2001/04/202231/03/2023
01/04/2022VodafoneMobile Phone Contract£159,000.0001/04/202231/05/2024
04/04/2022Bill Mackie Engineering LtdEynhallow Refit 2022£90,000.0011/04/202222/04/2022
13/04/2022Balgownie LimitedLoading Shovel£208,185.0013/04/2022Purchase Only
18/04/2022Bill Mackie Engineering LtdGraemsay Refit 2022£85,000.0025/08/202206/05/2022
19/04/2022G & A Barnie Group LtdServicing & Maintenance of Automatic Doors£100,000.0005/01/202230/04/2027
21/04/2022Colas LtdBitumen and Emulsion (Quarry)£457,869.9421/04/202220/10/2022
29/04/2022Softcat PlcImmutable Backup Storage£105,012.7829/04/202228/04/2027
09/05/2022Dennis Eagle LimitedSplitback/Twin Refuse Collection Vehicle£221,152.0009/05/2022Purchase Only
09/05/2022Leask MarineEday & Stronsay Fender Replacement£193,761.00
11/05/2022Robertsons Orkney3 New Tractors£194,250.0011/05/2022Purchase Only
12/05/2022Right ThereYoung Persons Supported Accommodation Housing Support Service£1,145,700.0001/05/202231/04/2027
24/05/2022Scaffold OrkneyKirkwall Linkspan Painting£249,967.00
15/06/2022Balgownie LimitedTelescopic Handler£80,000.0015/06/2022Purchase Only
28/06/2022Intertek Energy & Water Consultancy ServicesWave Plan£50,000.0001/07/202231/07/2026
01/07/2022Terberg DTS UK Ltd4 Wheel Drive Fire Appliance£57,000.0025/05/2022Purchase Only
04/07/2022Scottish AutismIndividual Placement - New Struan School - ZS£344,620.0011/05/2022Ongoing
13/07/2022A.M Phillip Trucktech LimitedSHL5 Hooklift Truck£108,750.0013/07/2022Purchase Only
18/07/2022Land Use Consultants (LUC)Tourism Infrastructure Design Phase£98,400.0019/08/202218/01/2023
20/07/2022Snows Peugeot SouthamptonCommercial Vans x 2 - Workshop + Store£56,357.0820/07/2022Purchase only
25/07/2022MetataxisEDRMS Consultancy Support£51,000.0001/08/202230/09/2022
03/08/2022Bill Mackie Engineering LtdHoy Head Refit 2022£90,328.5014/03/202225/03/2022
05/08/2022LichfieldsEnvironmental Consultancy services£300,000.0005/08/202204/08/2027
08/08/2022Amion Hub NorthBEIS FLOWMIS - Hub North£59,800.0008/08/202230/09/2023
25/08/2022Forth PortsTug Charter£240,000.0025/08/202224/09/2022
01/09/2022Leask MarineKettletoft Pier Repairs & Lighting Replacement£239,703.0001/09/2022Ongoing
02/09/2022BDS LtdHaunch Reconstruction (A966 Norseman)£78,198.0002/09/202210/1/2022
05/09/2022Sanmar Denizcilik Makina ve Ticaret A.SDesign and Build Of One New 32 Metre Tug£6,990,000.0005/09/202231/01/2023
05/09/2022Pipedream PlumbingHeat Pump & MVHR Servicing - Various OIC Properties£501,000.0006/01/202231/05/2027
08/09/2022Woodall Nicholson Ltd T/A Mellor CoachcraftDisabled Access Minibus£101,579.0008/09/2022Purchase only
10/09/2022Softcat PlcDNA Centre Project£92,622.2710/09/202209/10/2022
13/09/2022Parks Toyota Invernessx 3 Electric Vans£71,157.8713/09/2022purchase only
16/09/2022Bill Mackie Engineering LtdThorsvoe Refit 2022£98,068.1819/09/202230/09/2022
01/10/2022EnvirocentreEnvironmental Consultancy for SDWQ and Hatston Developments£356,801.0001/10/202230/09/2024
06/10/2022Ian Clark RestorationConservation of SMS Bremse Gun, Scapa Flow Museum£70,000.0010/10/202231/12/2022
17/10/2022HP Inc UK Limited300 x laptops£164,700.0017/10/2022Purchase only
24/10/2022LiteFitness Gym Equipment£330,561.7423/10/2022Purchase only
27/10/2022HP Inc UK Limited300 Pupil Laptops£115,200.0027/10/2022Purchase only
07/11/2022Bill Mackie Engineering LtdMV Sigurd Refit 2023£144,384.7809/01/202325/01/2023
21/11/2022European Diesel Services LtdMV Harald Engine and Parts£50,000.0031/05/2023Purchase Only
30/11/2022Robertsons Orkney LtdSkidsteer Rerun (amended spec)£50,269.0030/11/2022purchase ony
15/12/2022OracleOracle Licensing£90,031.1215/12/2022Purchase only
16/12/2022Proband LimitedSmartboard Replacement£113,000.0016/12/2022Purchase Only
19/12/2022Orcades Marine Management Consultants LtdBallast Water Sampling - Extension 1£78,000.0001/04/202331/03/2024
20/12/2022J W Gray & Co LtdDairy Products Catering Contract£403,435.0001/01/202331/12/2027
01/01/2023NEC Software SolutionsRevenues & Benefits System renewal£540,877.2501/01/202331/12/2027
11/01/2023MetataxisInformation Architecture Design Support£57,800.0011/01/202316/03/2023
12/01/2023CivicaParis Upgrade and Licensing£50,281.0012/01/202331/03/2023
17/01/2023Bill Mackie Engineering LtdMV Earl Thorfinn Refit 2023£145,730.7030/01/202310/02/2023
23/01/2023Bill Mackie Engineering LtdMV Varagen Refit 2023£116,337.3020/02/202303/03/2023
07/02/2023Bill Mackie Engineering LtdHoy Head Refit 2023£144,735.6313/03/202324/03/2023
15/02/2023Ship2Shore OrkneyCruise Ship Welcome and Information Service£1,125,000.0001/03/202328/02/20268
17/02/2023Employability OrkneyEmployer Engagement Officer£50,000.0027/03/202331/03/2025
17/02/2023Orkney Fishermen's Society LtdFresh Fish Catering Contract - Re-run£132,275.0001/02/202331/01/2028
17/02/2023Crantit DairyMilk Catering Contract (Re-run)£300,567.0001/12/202228/02/2023
24/02/2023MallatiteRoad Signs£58,155.0024/02/2023Purchase Only
01/03/2023Zellis UK LtdHR & Payroll System Renewal£308,090.0001/03/202329/02/2028
07/03/2023ORCAIndustrial Heritage of the North Isles£59,920.0001/03/202302/12/2024

Appendix 2 – Procurement Service Improvement Action Plan 2022 to 2023

1. Sustainability

The Council is conscious that its procurement decisions must take account of the social, economic and environmental impact it has on the people and communities of Orkney and elsewhere.

Council Commitment.Action.Progress to Date.Completion date.Status.
1.1 To embed sustainability into the procurement process where it is relevant to the subject matter of the contract and to comply with the Council’s Sustainability Duty.Consideration of sustainability built into individual commodity strategy as evidence.Development of a commodity strategy for each individual procurement as included in the reviewed CSOs approved in June 2016. Complete in Central Procurement Unit (CPU), roll out to other services in progress, where appropriate.March 2018.Complete.
1.2. Implementation of the Scottish Government 10 steps to Sustainable Procurement to assist sustainability and other responsible procurement themes.Sustainable Procurement Policy 2017 to 2018 in place. Part of the new suite of legislation effective from June 2016. Ensure all proforma documentation is updated accordingly.Sustainability clause in all Invitation to Quote and Invitation to Tender documentation issued by the CPU. Incorporated into all documentation when appropriate.March 2018.Complete.
1.3. To engage with the local supplier base to develop Community Benefit Clauses to maximise the potential of the local economy to compete for Council business for the economic benefit and sustainability of Orkney.Consultation event for spring / summer 2017 on Sustainable Procurement Policy update 2017 to 2018.Consultation complete and final Strategy published March 2018.September 2018.Complete.
1.4. To implement the use of Community Benefit Clauses in contracts as appropriate.Update CSOs and procurement proformas for the Commodity strategy and the contract award recommendation report updated to ensure compliance with the new requirement to consider the inclusion of a community benefit clause for all procurement with a value over £4 million.CSOs revised and updated 2018, proformas being updated accordingly.March 2018.Complete.
1.4. To implement the use of Community Benefit Clauses in contracts as appropriate.Sustainability training to be developed for network of procurement officers with delegated authority.March 2023.TBC.

Indicators: 1. Sustainability

2018 to 2019 Target (Actual).2019 to 2020 Target (Actual).2020 to 2021 Target (Actual).2021 to 2022 Target (Actual).2022 to 2023 Target (Actual).
Number of Procurements where Community Benefit Clauses have been included in the award criteria.6 (5).8 (5).10 (5).10 (33).10 (54)
Percentage of overall spend with the third sector and supported businesses.11% (11.91%).12% (10%).13% (15%).15% (3.66%).15% (9.11%)
Percentage of contract spend with local supplier base in Orkney.55% (47%).56% (41%).57% (35%).50% (41%).50% (41%)

2. Working with Suppliers

The Council recognises that there is a popular view amongst suppliers and contractors, and particularly amongst SMEs, that Councils are difficult to do business with and that communications are often poor.

Council Commitment.Action.Progress to Date.Completion date.Status.
2.1 At all times adopt a professional approach in all of its business undertakings with suppliers and contractors. Where decisions are made every effort will be made, within the confines of the law and commercial confidentiality, to provide a full explanation of the reasoning behind the procurement decision making process.Recording of evaluation decisions integrated to procurement process.Feedback provided as required by law and within the 15-day mandatory timescale. European Social Fund / Scottish Government audit report recommendation to keep all individual evaluations on record incorporated into the procurement manual update.June 2017.Complete.
2.2. To ensure that the procurement process is appropriate to the value and complexity of the goods, services and works that are being acquired and to keep bidding costs to the minimum necessary and remove barriers to participation by, for example small firms, the self-employed and the third sector without discriminating against others.Documentation prepared that is proportionate to the value and complexity of the procurement.Documentation and method of advertising considered as per CSOs in a proportionate and accessible manner, utilising Quick Quote wherever possible and contacting suppliers prior to release of advert or QQ.April 2019.Complete.
2.2. To ensure that the procurement process is appropriate to the value and complexity of the goods, services and works that are being acquired and to keep bidding costs to the minimum necessary and remove barriers to participation by, for example small firms, the self-employed and the third sector without discriminating against others.How to Tender workshops run by Business Gateway on a regular basis.April 2019.Complete.
2.3. To engage with the local supplier sustainability of Orkney.Reviewed on an ongoing basis.Standard method statements in place for low value procurements and evaluation of submissions. Minimal documentation in place.April 2019.Complete.
2.4. Use outcome based tender specifications wherever possible – to allow businesses to propose innovative and alternative solutions to the Council’s needs.Method statements adopted.Consider outcome-based specification training for delegated authority officers.March 2023.TBC.

Indicators: 2. Working with Suppliers

2018 to 20192019 to 20202020 to 20212021 to 20222022 to 2023
Number of local suppliers registered with the Supplier Development Programme.40 (36).45 (51).50 (53).55 (61).55 (61)
Number of local supply base registered on the PCS Advertising Portal.89 (83).95 (84).100 (86).100 (88).100 (88).
Percentage of Council spend attributed to SMEs.65% (67%).66% (65%).67% (61%).68% (62).68% (59%).
Number of Local Suppliers230 (238).235 (249).240.(217).240 (294).240 (269)

3. Value for money

Section 1, Local Government in Scotland Act 2003 places a statutory duty on the Council to secure best value. Procurement activities which deliver value for money will contribute to the achievement of value for money.

Best Value is continuous improvement in the performance of the Council’s functions. In accordance with Best Value principles all proposed and current services arrangements shall be subject to review and option appraisal.

The aim of Council procurement must be the achievement of value for money (the optimum combination of whole life cost and quality) for the Council.

Council Commitment.Action.Progress to Date.Completion date.Status.
3.1 To further develop tender evaluation procedures in order that contracts awarded represent value for money (or Most Economically Advantageous Tender where the full provisions of the Procurement Regulations apply) taking quality and price into consideration and not just lowest price.Procurement advice and CSOs.New Regulations June 2016 mandate regulated procurement and over to utilise Most Economically Advantageous Tender (MEAT) in all tender – CSOs reviewed in June 2016 include this requirement. Procurement Manual updated to include this.June 2017.Complete.
3.2. As part of value for money considerations the Council will take account of other relevant Council policies in relation to corporate social responsibility, sustainability and Community Benefits.Sustainable Procurement Policy.Example clause and link referring to Sustainable Procurement Policy included in all Invitation to Quote (ITQ) and Invitation to Tender (ITT) documentation issued by the CPU.December 2017.Complete.
3.2. As part of value for money considerations the Council will take account of other relevant Council policies in relation to corporate social responsibility, sustainability and Community Benefits.Procurement Bulletin distributed to Officers with Delegated Procurement featured new Sustainable Procurement Policy.April 2019.Complete.
3.3. To raise awareness internally of potential framework savings and make recommendations to ensure a more consistent approach across all Council services.Awareness training and improve visibility of available framework agreements to service areas.Awareness training provided to Corporate Admin Group.March 2018.Complete.
3.3. To raise awareness internally of potential framework savings and make recommendations to ensure a more consistent approach across all Council services.Contract information on the staff portal reviewed and updated.March 2018.Complete.

Indicators: 3. Value for money

2018 to 20192019 to 20202020 to 20212021 to 20222022 to 2023
Percentage of procurement spend covered by a contract. (Actual spend expressed as a percentage of the contract award value).80% (77%).85% (91%).88% (99%).99% (83%).99% (85%)
Savings targets for frequently purchased items.£97,000 (systems under development to record this).NA..NA.NA.NA..

4. Collaboration and partnering

Greater efficiencies can be achieved by improved collaboration between different organisations within the public sector with similar requirements, whether within the local government sector or in other areas of the public sector, such as the Scottish Government, the Crown Commercial Service, Non-Departmental Public Bodies and the NHS.

Collaboration maximise the value of procurement whether it be through aggregation of demand or through the sharing of resources to reduce administration.

Council Commitment.Action.Progress to Date.Completion date.Status.
4.1 Where collaborative arrangements provide a benefit to the Council there will be a strong presumption towards the use of contracts that have been established by Procurement Scotland (the national centre of procurement expertise) and Scotland Excel (the local government centre of procurement expertise).Increase the use of framework agreements.Use of frameworks the default position where no local market identified. Category C contracts only put in place where no local market or framework available that demonstrates best value.June 2016.Complete.
4.1 Where collaborative arrangements provide a benefit to the Council there will be a strong presumption towards the use of contracts that have been established by Procurement Scotland (the national centre of procurement expertise) and Scotland Excel (the local government centre of procurement expertise).New CSOs include section for framework agreements.June 2016.Complete.
4.2. Where it is demonstrated that collaborative contracts represent value for money to the Council the use of such contracts should be mandatory across the Council to reduce off-contract buying.Ensure all service areas are aware of collaborative contracts available and arrangement for purchasing goods and services.Change programme review in progress to identify where use of framework agreements could be maximised. Now business as usual.March 2018.Complete.
4.2. Where it is demonstrated that collaborative contracts represent value for money to the Council the use of such contracts should be mandatory across the Council to reduce off-contract buying.Procurement Bulletin distributed to Officers with Delegated Procurement featured new Sustainable Procurement Policy.April 2019.Complete.
4.3. Where there is a known local supply base as well as collaborative contracts available for the Council to use, a twin track approach should be used to ensure best value is achieved and the local market has the opportunity to respond to contract opportunities.All procurement exercises considered on this basis on a case by case basis. Procurement Manual to incorporate this approach.Procurement Manual updated to incorporate this where contracting opportunity is below the threshold for regulated procurements.April 2019.Complete.
4.4. To collaborate wherever possible with the various Centres of Expertise and Procurement Expertise to maximise the value of strategic procurement.Links with Scotland Excel strengthened, and regular commercial User Intelligence Group held with area representative.Increase in use of framework agreements and an increase in the range of framework providers utilised.April 2019.Complete.

Indicators: 4. Collaboration and partnering

2018 to 20192019 to 20202020 to 20212021 to 20222022 to 2023
Percentages of contract spend utilising Collaborative Contracts.22% (17.11%).23% (14.47%).25% (15.45%).25% (13.82).25% (19.07%).
Percentage of locally based contractors participating in Collaborative / Framework Contract Opportunities.1% (0%).1% (0%).1% (0%).1% (0%).1% (0%).
Percentage of contract opportunities where local supply base has had the opportunity to submit bids.10%. (systems under development to record this data).15%. (system established for 2020 / 21 contract register).20%. (reporting system remains to be fully implemented).25%. (reporting system remains to be fully implemented).25%. (reporting system remains to be fully implemented).
Percentage of contract spend with local supplier base in Orkney50% (47%).50% (41%).50% (38%).47% (41%).47% (41%).

5. Governance

The Council currently has a highly devolved procurement structure with the majority of services still carrying out a sizeable procurement role. The culture of compliance with the Councils governance arrangements is difficult to manage. The Council expects that all possible attention is given to the issue of accountability and governance in the area of procurement.

Council Commitment.Action.Progress to Date.Completion date.Status.
5.1 The Council’s Procurement Con Group (PMOWG) will consider the strategic direction of Procurement.PMOWG re-established and terms of reference reviewed.PMOWG Terms of Reference agreed.April 2019.Complete.
5.1 The Council’s Procurement Con Group (PMOWG) will consider the strategic direction of Procurement.PMOWG meets as needed throughout the year and has been amended to be a Consultative Group.April 2019.Complete.
5.2. The Council will introduce an embedded procurement officer network (a network of staff who are formally authorised to undertake procurement activities on behalf of the Council).A network of lead procurement officers across service areas has been established. Delegated authority forms and guidance reviewed in consultation with Heads of Service.Delegated authority forms reviewed and completed by relevant Directors.April 2019.Complete.
5.3. Suppliers will be given notice that goods, services and works should only be provided to the Council on the award of a contract or purchase order.Confirm the position with colleagues in Finance.This will be instigated when Purchase to Pay (P2P) has been established.March 2020.Correspondence sent to inform suppliers of new P2P system.
5.4. That no member of Council staff may award a contract or purchase order without written delegated authority.CSOs and financial standing orders reviewed in 2014. (Reviewed again in 2016).Register of Officers with delegated approval for procurement and purchase orders in place.April 2019.Complete.
5.5. The key roles of budget holder and procurer will not be performed by the same member of staff.CSOs reviewed.Highlighted to relevant service areas via discussions with key Managers Procurement Manual and CSOs reviewed.April 2019.Complete.
5.6. The Council will ensure there are no potential conflicts of interest in the procurement process.Officers with delegated authority to carry out procurement to be made aware of the requirement to declare any potential conflict of interest.Proforma form developed and in use by staff who are involved in the evaluation of tenders.July 2017.Complete.
5.7. The Council will comply with the Scottish Procurement Policy Handbook.Scottish Government Routes 1, 2 and 3 are integral to the CSOs and the Procurement Manual.CSOs and Procurement Manual are reviewed regularly (latest review carried out and completed in March 2018 for the CSOs and in April 2019 for the Procurement Manual). Future reviews scheduled for 2020, or when there are legislative changes.July 2018 / April 2019.Complete.
5.8. The Council will comply with the Contract Standing Orders.CSOs updated to reflect new legislation. iLearn Procurement Awareness iLearn module developed.Updated CSOs available on the Council Website and Staff Portal.July 2017.Complete.
5.8. The Council will comply with the Contract Standing Orders.iLearn training module under development.March 2023.TBC.

6. Contract management

Active contract management is increasing across the Council with segmentation used to identify high value / high risk contracts to ensure targeting of staff resources to develop and apply a contract management plan at the implementation stage following contract award.

Council Commitment.Action.Progress to Date.Completion date.Status.
6.1 To strengthen contract management procedures by holding regular meetings with major contractors to review performance and improve levels of contract compliance.Contract management clause written into all relevant ITTs documentation.Contract manager and administrator roles in place for Schools Investment Programme and high value / high risk projects.March 2018.Complete.
6.2. To roll out contract management arrangements to all high value high risk contractors.Contract management clause written into all relevant ITTs. Segmentation approach to be embedded in proforma documentation as appropriate.Service areas responsible for contract management for works and part of the Joint Contracts Tribunal (JCT) / New Engineering Contracts (NEC). Services operate effective contract management in consultation with CPU.March 2018.Complete.
6.2. To roll out contract management arrangements to all high value high risk contractors.Formal contract management proforma to be developed for service contracts. Enhanced section is now included in the Procurement ManualApril 2019.Complete.
6.2. To roll out contract management arrangements to all high value high risk contractors.Documentation to be updated to reflect segmentation and identification of high risk / high cost projects as appropriate. Included in the Procurement Manual update.April 2019.Complete.
6.3. Exit strategy to be considered and documented for all contracts where appropriate.Exit strategy to be considered as an integral part of contract management.Procurement manual to be updated to reflect the importance of exit strategies in contract management processes where appropriate to the subject matter of the contract.April 2019.Complete.

7. Communication

It is recognised that, key to the successful implementation of any new procurement processes or policy, there has to be an understanding amongst all stakeholders of the reasons behind such actions.

Council Commitment.Action.Progress to Date.Completion date.Status.
7.1 To inform and advise its stakeholders by means of: Increasing the use of the Public Contracts Scotland website.Promote the use of the PCS portal.Significant increase in usage of PCS – Paper copies of tenders are now available on an exception basis only.March 2020.Complete.
7.2. Increasing the use of the procurement page on the Council’s intranet (portal).Increase awareness amongst council staff via bulletins and briefing notes to Senior Management Team (SMT) / Corporate Management Team (CMT).Awareness raising ongoing amongst CPU staff and the network of procurement officers with delegated authority to carry out procurement is ongoing.March 2018.Complete.
7.3. Increasing the use of the procurement section of the Council’s website.Website information regularly updated.Awareness raising via How to Tender workshops and Meet the Buyer Event.August 2016.Complete.
7.3. Increasing the use of the procurement section of the Council’s website.Contracts register link on website and promoted via news item on the Council website.August 2016.Complete.
7.4. Increase attendance at ‘meet the buyer’ or equivalent events to cover areas of concern, engage with local suppliers and advice on how to become a supplier to the Council. Encourage main contractors to engage with SMEs through the inclusion of Community Benefit clauses.Organise a Council wide Meet the Buyer event and consider joining the Supplier Development Requirement for Inclusion of Community Benefit clause now mandatory for all contracts with a value of over £4m.Meet the Buyer events took place in August 2016, October 2017 and October 2018. Membership of the Supplier Development Programme. Continuing membership under review. Fourth Meet the Buyer Event held 9 October 2019. No event planned for 2020 / 21 given the pandemic.August 2016.Complete.
7.5. Encourage suppliers to the Council to access support available to business, via Business Gateway Orkney and the Supplier Development Programme.Construction was one of the main focus areas for the Meet the Buyer Event (MTBE) on 25 August 2016.MTBE 2018 October event planning commencing May 2018, a different focus planned for each next event, possibly Transport to be confirmed.October 2018.Complete.

8. e-Procurement

The Council has yet to implement a process for the replacement of all paper-based purchase ordering systems with a modern e-Procurement system and where appropriate with corporate purchasing cards.

Council Commitment.Action.Progress to Date.Completion date.Status.
8.1. To implement an e-Procurement system by December 2017.PCS portal is used for all tender opportunities with a value of over £50,000 for goods and services and works providing an effective and secure e-procurement system.PCS portal use is mandated across the Council. Contract award reminders sent out monthly to all service areas.January 2018.Complete.
8.2. To consider (as appropriate) use of e-procurement tools (e.g. e tendering and e European Standard Procurement Document (ESPD) (i.e. PCS-Tender)).Training of staff needed prior to authorised usage of PCS-Tender.Training has been completed for PCS-Tender which took place in January 2018. Electronic-ESPD now available for PCS which is in use by a number of Procurement Officers.December 2017Complete.
8.3. To maximise the use of the PCS ‘QQ’ facility for low value / low risk procurements.Briefing note distributed to all staff. Alternative methods of information dissemination iLearn modules under consideration.QQ usage significantly increased – paper tenders only used on an exceptional basis only.March 2018.Complete.
8.3. To maximise the use of the PCS ‘QQ’ facility for low value / low risk procurements.iLearn module under development.March 2023.TBC.

Indicators: 8. E-Procurement

2018 to 20192019 to 20202020 to 20212021 to 20222022 to 2023
Percentage of invoices paid within 30 days.81% (81%).77% (71%).90% (85%.)90% (82.5%)90% (84.1%)
Percentage of invoices using e procurement / purchase to pay system.60% (17%).60% (32%).60%60%60%
Percentage of procurement undertaken using e tendering system i.e. PCS-Tender or SPD Module.10% (12%, applicable contracts).50% (36%, applicable contracts).100% (46.2% of applicable contracts).100% (57.81% of applicable contracts).100% (53.33% of applicable contracts).

9. Monitoring and measurement

Performance measurement within the Council has developed significantly in recent years. In order to measure improvement in effectiveness and efficiency it is important that an agreed set of standard indicators are adopted. The methods of monitoring and measuring procurement performance are required to be proportionate to the scale and complexity of the Council’s procurement activities.

Council Commitment.Action.Progress to Date.Completion date.Status.
9.1. The Council will implement as standard, the Best Practice Indicators (BPIs) that were recommended by the Public Procurement Reform Board as a means of measuring the effectiveness and efficiency of the procurement function.BPIs uploaded to the procurement hub.Key Performance Indicators (KPIs) reported on via corporate performance reporting system. Not all BPIs reported on directly, Performance Capability Assessment / PCIP pick up these in an alternative format.July 2017.Complete.
9.2. The PCIP performance reporting framework to be considered for incorporation and adoption of additional BPIs as appropriate.Participation in the PCIP planned for July 2017.Outcomes and recommendations from 2017 assessment incorporated into Procurement Improvement Plan.March 2018. (Participation ongoing).Complete.

10. Guidance

An important aspect of the role of the procurement function is to provide guidance and advice to both Council services and to all stakeholders.

Council Commitment.Action.Progress to Date.Completion date.Status.
10.1. The Council will continue to develop procedural guidance as follows: The introduction of standard procurement guidance.Update procurement manual in line with 2016 legislation and to incorporate new Strategic commitments.Procurement Manual updated.July 2018.Complete.
10.2 Provide training in the use of standard procurement guidance.Training to be developed and accessible for existing and new staff members.Training accessed via Scottish Government and disseminated to new staff prior to taking up delegated procurement officer duties. Basic operational training under development for roll out as an iLearn module.December 2021.On track.
10.3 To develop a purchasing guide for those involved in the ordering of supplies and services.Procurement manual in place.Procurement manual under reviewed to match updated CSOs. Liaise with finance / review of relevant procurement sections.July 2018.Complete.
10.3 To develop a purchasing guide for those involved in the ordering of supplies and services.Purchase to pay procedures to be developed in conjunction with the Integra Project Team.March 2020.Complete.
10.4. To review and publish standard selection questionnaire (ESPD), tender documentation and standard letters.Standard documentation developed and in place.ESPD (which replaces the Pre-Qualification Questionnaire) Standard documentation is in place for supplies and services. JCT and NEC contracts utilised for engineering and works contracts. New CSOs provide for the adoption of the ESPD and use of Routes 1, 2 and 3 of the procurement journey ensuring that the most up to date documentation is used.March 2019.Complete.
10.5. One suite of terms and conditions for all Council Requirements.Standard terms and conditions under review.Reviewed terms and conditions published on staff portal and Council website by end of 2017. New General Data Protection Regulations legislation incorporated and published on the Council’s website.May 2018Complete.

11. Training

The Council recognises that training and development are essential to an effective procurement function and that this is a key element of the McClelland Review and the ongoing Procurement Capability Assessments.

Council Commitment.Action.Progress to Date.Completion date.Status.
11.1. Develop training to ensure that procurement activities are compliant with legislation and obtaining value for money.Training materials to be developed or accessed via Scottish Government or Scotland Excel training courses.Training to ensure a wide range of officers both operational and at a strategic level were aware of the implications of the new legislation was undertaken in March 2016.March 2016.Complete.
11.1. Develop training to ensure that procurement activities are compliant with legislation and obtaining value for money.Suite of iLearn training modules under development.March 2023.TBC.
11.2. Develop a training plan to meet the training needs of the Network of Procurement Officers with Delegated Authority to carry out procurement activities. Ensure that Procurement Officers with Delegated Authority receive training in relevant legislation when changes take place.Procurement awareness iLearn and fraud awareness under development. Resources for sustainable procurement and contract management iLearn modules or similar to be identified.Draft training plan to include a suite of iLearn modules under development to include, procurement awareness, contract management, sustainable procurement and procurement fraud awareness. Consideration of potential e learning modules in progress. Still under development.March 2023.TBC.
11.3. To maintain a lessons learned log to ensure that organisational learning is captured and available for continuous improvement.Distribute lessons learned log to network of Procurement Officers with delegated authority and share materials from training events attended by senior officers where relevant.Lessons learned log updated on a regular basis, located on the staff portal and referred to in a briefing note to SMT / CMT.November 2017.Completed.

Appendix 3 - Forward Plan for Regulated and Unregulated Procurements April 2024 to March 2026

Subject matter of Contract.New / Extended / Re-let.Expected Contract Notice / Publication Date.Expected Award Date.Expected Start Date.Estimated Value of the Contract (£).Regulated / Unregulated.
Nursery OperatorNew2024Spring 2024Summer 2024TBCRegulated
PR and Media Management ServicesRe-let2024Spring 2024April 2024TBCRegulated
Cleaning Services (Waiting Rooms and Public Conveniences various mainland and island locations).Re-let.Various 2024 to 2026.Various throughout 2024 to 2026.Various throughout 2024 to 2026.TBC.Unregulated.
Vehicles and Plant replacement.New.Various throughout 2024, 2025 and 2026.TBC.TBC.£1,200,000 per financial year.Regulated / Unregulated.
Vessel Re-fits 2024 individual contracts.Re-let.Various throughout 2024, 2025 and 2026.TBC.TBC.TBC.Regulated.
Vessel Re-fit and Strategic Repair Framework 2023 to 2027.New and re-let.Various throughout 2023 to 2027.Various throughout 2023 to 2027.Various throughout 2023 to 2027.£9,271,500 (over the lifetime of the framework).Regulated.
Dementia Post-Diagnostic Support WorkerRe-letOctober 2024December 2024February 2025£177,500 (5 year contract)Regulated
Cruise Liner Shuttle Bus ServicesRe-letOctober 2024December 2024February 2025£1,650,000 (5 year contract)Regulated
Ballast Water SamplingRe-letDecember 2024January 2025April 2025£195,000 (5 year contract)Regulated
Aquatic Sample Processing and Taxonomic DeterminationRe-letDecember 2024January / February 2025April 2025£186,642.50 (5 year contract)Regulated
Student AccommodationRe-letMay 2025July 2025August 2025£23,920 (5 year contract)Unregulated
Provision of Air ServicesRe-letSeptember 2024January 2025April 2025£4,747,600 (4 year contract)Regulated
Container Shipment of WasteRe-letDecember 2025February 2026April 2026£1,951,572 (5 year contract)Regulated
Kerbside Collections (Island/Island Groups)Re-letAugust 2026October 2026December 2026/January 2027VariousRegulated
Port Marine Safety Code – Designated PersonRe-letMay 2026July 2026October 2026£67,590 (5 year contract)Regulated
Independent Mobility AssessorRe-letMay 2026July 2026October 2026£5,000 (5 year contract)Unregulated
Lift Servicing and Maintenance 2026-2031Re-letJune 2026August 2026December 2026£112,516 (5 year contract)Regulated
Orkney Museum Promotional MaterialRe-letSpring 2025Summer 2025June 2025£98,000 (3 year contract)Regulated
Mobile Phone ContractRe-letSpring 2024Spring 2024June 2024£159,000 (2 year contract)Regulated
Islands Haulage – Various islesRe-letSpring 2024Summer 2024October 2024TBCUnregulated
SIM and Data Package for EV ChargersRe-letSpring 2024Summer 2024Summer 2024TBCUnregulated
Paper and Stationery Supply.New.2024/ 2026TBC.TBC.TBC.Regulated.
Various IT Contracts.New and Re let.Various 2024 Ongoing.TBC.TBC.TBC.Regulated / Unregulated.
Banking Services.Re-let.March 2026May 2026August 2026£22,980 (4 year contract)Unregulated.
Inspection and Testing of Vehicles for use as Taxi and Private Hire Cars.Re-let.Spring 2026.Summer 2026.Summer 2026.£20,000 (5-year contract).Unregulated.
Kirkwall Town Hall – External Stone Works.New.Spring 2025.Spring 2025.Summer 2025.£450,000.Unregulated.
Orphir School External Wall Insulation and Boiler Replacement.New.Winter 2025Spring 2026.Spring 2026.£462,000.Unregulated.
Hope School boiler replacementNewSpring 2024Spring 2024Summer 2024TBCUnregulated
Dounby Visitor InfrastructureNewSpring 2024Summer 2024Summer 2024£1,000,000Unregulated
Birsay Campsite amenity blockNewSummer 2024Summer 2024Autumn 2024£640,000Unregulated
Cathedral & Heritage properties Architectural servicesNewWinter 2024Spring 2024Summer 2024TBCUnregulated
Hatston Depot. Re-roofingNewSpring 2024Spring 2024Summer 2024£300,000Unregulated
Hatston Depot fire safety workNewWinter 2024Spring 2025Summer 2025TBCUnregulated
Royal Oak MemorialNewSummer 2024Summer 2024Autumn 2024£900,000Unregulated
Orkney Library Air source heat pumpsNewSummer 2024Summer 2024Autumn 2024TBCUnregulated
Stromness Swimming Pool Air source heat pumpNewSummer 2024Summer 2024Autumn 2024TBCUnregulated
White Street Housing re-roofingNewWinter 2024Winter 2024Summer 2025TBCUnregulated
Council Offices external fabric repairsNewWinter 2024Winter 2024Spring 2025TBCUnregulated
Tankerness House external fabric repairsNewWinter 2025Winter 2025Spring 2026TBCUnregulated
Stronsay & Papa Westray AirfieldsNewWinter 2024Winter 2024Summer 2025TBCUnregulated
Architectural servicesNewSpring 2024Spring 2024Summer 2024TBCUnregulated
Glaitness School heat pump & pool ventilationNewWinter 2024Spring 2025Summer 2025TBCUnregulated
Roads Maintenance 2024-25: VariousNew.April 2024.June 2024July 2024.TBCUnregulated.
Roads Maintenance 2024-25: Misc Bridge Repairs.New.April 2024.June 2024July 2024.TBCUnregulated.
Roads Maintenance 2024-25: Footways.New.April 2024.June 2024July 2024.TBCUnregulated.
Barrier No. 1 – Road ReconstructionNew.April 2024.June 2024July 2024.£1.3mUnregulated.
Stromness Footway CrossingsNew.December 2023January 2024February 2024TBCUnregulated.
Weyland Bay Coastal PathNewApril 2024June 2024July 2024£225kUnregulated.
Brough of Deerness Slope ClearanceNewNovember 2023December 2023February 2024£15kUnregulated.
Germiston Road Bridge RepairsNewNovember 2023December 2023January 2024£25kUnregulated.
Houton Sea Wall RepairsNewApril 2024June 2024July 2024£75kUnregulated.
Misc Culvert PlatformsNewTBCTBCTBC£50KUnregulated.
A961 Road RealignmentNewApril 2024June 2024July 2024£2mUnregulated.
A965 Finstown DrainageNewApril 2024June 2024July 2024£250kUnregulated.
Airfields MaintenanceNewDecember 2023January 2024February 2024£100kUnregulated.
Eday and North Ronaldsay Apron ResurfacingNewApril 2024May 2024June 2024£50kUnregulated.
Scapa Pier Shore PowerNewOctober 2023December 2023January 2024£180kUnregulated.
Hatston Reclamation Phase 1NewFebruary 2024April 2024May 2024£8mRegulated
Hatston Slip RepairsNewMarch 2024April 2024May 2024£350kUnregulated.
Burwick Navigation LightNewJanuary 2024March 2024April 2024£45kUnregulated.
Flaws Pier RepairNewDecember 2023January 2024February 2024£85kUnregulated.
Stronsay Channel DredgeNewApril 2024June 2024August 2024£250kUnregulated.
Fender Re-designsNewJanuary 2024March 2024April 2024TBCUnregulated.
Houton Ferry Terminal Car Park and MarshallingNewTBCTBCTBCTBCUnregulated.
Chinglebraes Retaining WallNewApril 2024June 2024July 2024£50kUnregulated.
North Isles CWSRNewTBCTBCTBCTBCUnregulated.
Kirkwall to Scapa Active Travel RouteNewTBCTBCTBCTBCUnregulated.
Sandwick Cemetery DrainageNewTBCTBCTBCTBCUnregulated.
Kirkwall SWMP – Modelling consultancyNewSpring 2024Summer 2024Summer 2024£150KUnregulated.
Coastal Change Adaptation Plan - consultancyNewSpring 2024Summer 2024Summer 2024£200kRegulated

Anticipated Long Term Capital Projects

Subject matter of Contract.New / Extended / Re-let.Expected Contract Notice / Publication Date.Expected Award Date.Expected Start Date.Estimated Value of the Contract (£).Regulated / Unregulated.
Orkney Integrated Waste Management facility.New.TBC.TBC.TBC.TBC.Regulated / Unregulated.
Renewables Project (Scale Wind) various.New.TBC.TBC.TBC.TBC.Regulated / Unregulated.
Renewables Project (Scale Wind) owners engineer.NewWinter 2022TBCTBCTBCRegulated
Renewables Project (Scale Wind) Turbine Construction and infrastructureNewTBCTBCTBCTBCRegulated
Private Wire Project various.New.TBC.TBC.TBC.TBC.Regulated / Unregulated.
Port Master Plan Various.New.TBC.TBC.TBC.TBC.Regulated / Unregulated.
Scapa Deep Water Quay DevelopmentNew.TBC.TBC.TBC.TBC.Regulated / Unregulated.
Orkney Logistics Base HatstonNew.TBC.TBC.TBC.TBC.Regulated / Unregulated.
Demolition of the Former Papdale Halls of Residence.New.TBC.TBC.TBC.TBCRegulated.
Ferries Replacement Business Case Project.New.TBC.TBC.TBC.TBCRegulated.