UNIVERSITY OF ESSEX PURCHASING REGULATIONS CONTENTS 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 INTRODUCTION VALUE FOR MONEY AGGREGATION APPROVED SUPPLIERS REGISTER OF INTERESTS PURCHASING POLICY SUB-COMMITTEE COMMODITY ADVISORY GROUP CONTRACTS FOR GOODS AND SERVICES CENTRAL STOCK SERVICE FINANCIAL IRREGULARITY ETHICAL CODE RESEARCH GRANTS DISTRIBUTION OF PURCHASING REGULATIONS TENDERING FOR GOODS, SERVICES, BUILDING CONTRACTS OR CONSTRUCTION WORKS PLACING OFFICIAL ORDERS GOODS/SERVICES RECEIVED COMPLETION OF BUILDING CONTRACTS AND OTHER CONSTRUCTION WORKS INVOICES DISPOSAL OF SURPLUS EQUIPMENT RECYCLING ADVICE REGARDING PURCHASING REGULATIONS SUSTAINABLE PROCUREMENT POLICY APPENDIX A - PURCHASING POLICY SUB-COMMITTEE APPENDIX B - COMMODITY ADVISORY GROUP APPENDIX C - ETHICAL CODE APPENDIX D – REQUEST TO ACCEPT SINGLE SOURCE TENDER/QUOTATION DOCUMENT 2 UNIVERSITY OF ESSEX PURCHASING REGULATIONS 6.1 Introduction All staff involved in the purchase of goods, services, building contracts or construction works have an obligation to conform to these regulations. 6.2 Value for Money Personnel with responsibility for procurement should take into account the ‘value for money’ approach regarding each purchase decision, rather than price as the only major consideration prior to placing an official order. Whole life costing may be used to minimise the cost of a product over its lifetime. It must be implemented for purchases above £10,000 in value. 6.3 Aggregation Where there are a number of regular contracts they should be aggregated wherever this will maximise the purchasing power of the University. 6.4 Approved Suppliers All official orders should be placed with suppliers which have been approved in accordance with the registers maintained by the University. 6.5 Register of Interests Staff with authority to enter into financial commitments on behalf of the University must ensure that they do not purchase products from a supplier or a potential provider of goods and or services if they have commercial interests or close relatives in that organisation. 6.6 Purchasing Policy Sub-Committee The Purchasing Policy Sub-Committee is responsible for advising the University Steering Group on Procurement Procedures, Purchasing Regulations and the classification of commodities purchased by the University. Refer to Appendix A, regarding the terms of reference and the membership of the Sub-Committee. 6.7 Commodity Advisory Group The Commodity Advisory Group is responsible for the evaluation of potential contracts and products. The group also determines the stock profile and assists Users regarding the purchase, storage and distribution of goods. Refer to Appendix B, regarding the terms of reference and the membership of the Group. 3 6.8 Contracts for Goods and Services The Deputy Director of Estate Management (Purchasing) will provide details of contract arrangements to users via the Central Purchasing Unit web pages. Maximum use should be made of the contracts by staff who are responsible for procurement activities. 6.9 Central Stock Service Where products are available from stock they should be requisitioned in accordance with the pre-printed requisition (Form No. EO47b) and the stock catalogue. Maximum use should be made of the stock service. 6.10 Financial Irregularity If members of the Council or staff become aware or suspect that a financial irregularity has occurred or is occurring, they must report the matter immediately to the Director of Finance directly or via the Head of their Department/Section. If the Director of Finance suspects a criminal involvement, or it is in any way a disciplinary offence, the Registrar and Secretary must be informed. Action will then be taken in the best interest of the University and in accordance with the University’s disciplinary procedures if appropriate. The Audit Committee will be notified of the situation, plus all actions taken to correct and prevent a recurrence. All staff members have the right of direct access to the Head of Internal Audit if they consider it is warranted. 6.11 Ethical Code Staff involved in procurement activities will comply with the code of ethics as shown at Appendix C. 6.12 Research Grants The Purchasing Regulations are also applicable to the procurement of equipment funded from Research Grants. Quotations may be obtained prior to submission of grant proposals - if the grant application is successful, the thresholds in 6.14.6 apply. 6.13 Distribution of Purchasing Regulations The Deputy Director of Estate Management (Purchasing) will ensure that updated copies of the regulations are available to staff who are responsible for requisitioning and/or purchasing activities within the University. 6.14 Tendering for Goods, Services, Building Contracts or Construction Works 4 6.14.1 Existing Contracts Where the commodity to be purchased is subject to a contract which has been let by an Agency, Purchasing Consortium, or a University, a confirmation quotation may be obtained instead of inviting competitive tenders. 6.14.2 Single Source Supply In exceptional circumstances a single source of supply may be appropriate to meet a particular specification. Personnel responsible for the acquisition of products should ensure that the ‘Request to accept a Single Source Tender/Quotation Document’ is fully completed, including reference to the ‘Category for Exemption’. Refer to Appendix D. 6.14.3 Obligation to obtain Quotations/Tenders It is an obligation to obtain quotations/tenders where the potential value of a purchase meets or exceeds the specified levels as detailed in 6.14.6, except where 6.14.1 and 6.14.2 above are applicable. It is not permissible to avoid the tendering procedure by issuing multiple orders. 6.14.4 Rental and Service Contracts The contract period should be used to calculate the projected cost in respect of rental agreements or service contracts. If the contract period is not known the potential contract value should be based upon the estimated cost over a four year period or advice should be sought from the Deputy Director of Estate Management (Purchasing). 6.14.5 Non-Acceptance of Quotations/Tenders The University reserves the right not to accept any tender including the lowest. 6.14.6 Thresholds The approach to the market place to obtain prices (offers) is determined by the estimated value of the purchase as detailed below: 5 GOODS AND SERVICES VALUE APPROACH £1 - £499 Price List Telephone (Prices should be obtained by referring to the Supplier’s Price List or by telephone) £500 - £1999 * Single written quotation £2,000 - £24,999 * Two/Three written quotations £25,000 + * Three/Four Tenders £130,000 + * Three/Four tenders + comply with the European Supplies/Services Directive The above values exclude VAT. Additional quotations/tenders may be obtained to the minimum number highlighted above. CONSTRUCTION (BUILDING) WORKS VALUE APPROACH Up to £3,000 Single written quotation direct form contractor (no formal enquiry from U of E). Contract let on U of E T & C’s. £3,001 - £10,000 Formal quotation enquiry and description of work from U of E to two contractors. Contract let on U of E T & C’s. £10,001 - £25,000 Formal quotation enquiry and description of work from U of E to three contractors. Contract let on U of E General Conditions of Contract for Minor Works. £25,001 - £150,000 Formal tender enquiry and detailed specification from U of E to three contractors. Contract let on JCT minor works form of building contract or appropriate alternative. £150,001 - £500,000 Formal tender enquiry and detailed specification from U of E to four contractors. Contract let on JCT 6 intermediate form of building contract or appropriate alternative. £500,001 + Formal tender enquiry and detailed specification from U of E to minimum of four contractors. Comply with European Works Directive where value of contract is in excess of £3,000,000. Contract let on JCT standard form of building contract or appropriate alternative. The above values exclude VAT, and apply to named or nominated sub-contracts. 6.14.7 Written Quotations a) Written quotations should be obtained on the standard “Enquiry for Quotation” form where possible. The document is available from the Central Purchasing Unit. b) The University’s terms and conditions are referred to as a basis for the quotation and a copy attached for information. c) Any special terms and conditions of the potential contract are referred to in the document. d) Quotations are obtained from approved suppliers in accordance with the registers maintained by the University. e) A pre-addressed envelope for the return of the quotation is enclosed, clearly stating the quotation number, product range, closing date and time for the receipt of the offer by the University, except for electronic responses. f) Where the lowest quotation is not accepted the reasons are clearly stated on an accompanying report for future audit examination. g) The successful supplier has their offer formally accepted by an official purchase order. h) The unsuccessful supplier is informed and where applicable the value of all quotations received declared to them without disclosing the identity of the tenderers. 6.14.8 Tender Procedure (General) a) The tendering process should be implemented in accordance with the applicable threshold as detailed in 6.14.6 utilising the appropriate form of documentation. 7 Standard tender documentation is available from the Central Purchasing Unit and comprises of the following sections: Letter to Supplier Invites a supplier to tender for a potential contract. The letter should incorporate a return date and time for the receipt of a tender by the University. Specification It should describe the product and be comprehensive and accurate. Form of Offer To incorporate brief details of the product(s) and should enable each potential supplier to enter their offer i.e. price(s), terms etc. This must identify whether the offer price is inclusive or exclusive of VAT. Terms and Conditions The University’s terms and conditions should be incorporated within the tender documentation as appropriate i.e. - General Conditions of Purchase for Goods. - General Conditions of Purchase for Services. - General Conditions for Building Work or specific professional standard terms (as defined in 6.14.6). - Special terms and conditions applicable to individual contracts. Certificate of Bona Fide Offer To confirm that an offer is made in good faith. Contract Award Criteria The contract award criteria should be included in the tender documentation and must not be amended following publication of the tender. The contract must be let in accordance with the award criteria (the award criteria is only applicable to contracts which fall within the European Directive). b) Tenders should be sent to approved suppliers in accordance with the registers maintained by the University. 8 c) A pre-addressed envelope for the return of the tender must be enclosed, clearly stating the tender number, product range or project, closing date and time for receipt by the University. d) The tenders must be opened in the presence of not less than three personnel of whom one must be the Director of Finance or a member of his staff and the budget holder or their representative, where appropriate. e) The tender documentation returned by a supplier should indicate if additional information is attached and if applicable, should be signed by the tender panel when opened, along with any other documents attached. f) A summary of tenders received should be completed and signed and dated by the tender panel who should also initial the significant parts of the tender where appropriate. g) When the lowest of any tender is not accepted the reasons should be clearly stated on an accompanying report for future audit examination. h) The Finance Section should be requested to make an enquiry to establish the ‘Financial Security’ of the potentially successful tenderer if this has not been undertaken in the previous six months. (12 months for building contracts.) i) The successful tenderer should have their offer formally accepted by an Official Order. j) The unsuccessful tenderers should be informed and where applicable the value of all tenders received declared to them without disclosing the identity of the tenderers. k) The European Procurement Directives will apply to potential contracts where the anticipated value exceeds the thresholds detailed in 6.14.6. Details of the advertising and the award procedure should be obtained from the Deputy Director of Estate Management (Purchasing). l) Full details of contracts awarded during each calendar year in accordance with the European Procurement Directives must be submitted to the Higher Education Funding Council via the Deputy Director of Estate Management (Purchasing). m) An allowance must be made for the time scales involved in implementing the European Procurement Directives. A time scale of approximately 3/4 months should be allowed for this process, prior to the acquisition of the goods or services. 6.14.9 Tender Procedure (Services) 9 In addition to the Tender Procedure (General) (6.14.8), the following requirements are applicable to tenders for services: a) The period and objectives of the service should be clearly stated. b) Confirmation whether the potential contract includes or excludes labour, materials, plant or equipment that is necessary for the service specified. c) Definition of service, items, site etc. and the manner and expected standards to which the service should be carried out, including time factors relevant to the service. d) The right of the University to vary the contract. e) Confirmation whether the contractor can or cannot assign or sub-let all or any part of the contract. f) Payment/Settlement terms, plus warranties or reserve of payment until completion. g) Statutory obligations of both parties regarding safety, insurance and indemnities. 6.14.10 Tender Procedure (Building Contracts and other Construction Works) In addition to the Tender Procedure (General) (6.14.8) the following requirements are applicable to tenders for Building Contracts and other construction works. a) The tender documentation must be drawn up by University personnel responsible for the project or by an external professional consultant on the advice of the Director of Estate Management. Care should be taken at the design stage and in the preparation of drawings, specifications and bills of quantities to avoid the likelihood of alterations, variations and consequent additional expense being incurred during the course of work. If the architectural fees are not included in the tender documentation of a potential contract, they should be subject to a separate tendering exercise under ‘Services’ as detailed in 6.14.9. b) The Form of Building Contract to be used for a project shall normally be determined by the Director of Estate Management. For projects for which a Building Sub-Committee has been appointed that Building Sub-Committee shall recommend the contract form to Council on the advice of the Director of Estate Management and any relevant professional adviser on that project. 10 c) Where the estimated value of work is in the region of £250,000 or more the Vice-Chancellor or his nominated representative will also be present when tenders are opened. Where tenders are opened for work on a project for which a Building Sub-Committee has been appointed, the Chairperson of the Building Sub-Committee, or a member nominated by him will normally be present, as may the Project Architect and Quantity Surveyor. d) In the case of tenders received for projects for which a Building SubCommittee has been appointed, details of the tenders submitted will be reported to Development Committee, together with a recommendation from the Sub-Committee or from the Chairperson acting on its behalf, on action to be taken by them. Development Committee in turn will recommend appropriate action to Council. e) On receipt of approval from Council for a tender to be accepted, the Director of Estate Management will normally notify the successful tenderer, or instruct the Project Architect or Consultant concerned to notify the successful tenderer and draw up formal contract documents for signing as appropriate. f) The Director of Estate Management or his deputy will issue an Official Order to the successful tenderer. g) Publicity related to proposed projects must be approved by the Director of Estate Management or his nominated deputy. 6.15 Placing Official Orders All goods, services, building contracts and construction works must be supplied against official orders to the University. Orders for building works and associated electrical, mechanical service installation and maintenance must be placed by the Estate Management Section, except in the case of some minor maintenance works to student residential accommodation, which may be placed direct by the Accommodation Office. Personnel responsible for procurement should ensure that: a) Where the Central Purchasing Unit is responsible for raising an official order the product(s) should be requisitioned on Form No. EO47c. b) Official orders which are raised manually or electronically (excluding goods and services purchased on the internet) should be consecutively numbered and incorporate the University’s terms and conditions printed on the reverse side. Orders which are submitted by facsimile should be accompanied by a separate copy of the University’s terms and conditions. c) Each official order should include the following information: - Full address of supplier 11 - Delivery address Invoice address Date Specification Quantity Price Delivery Time Reference to tender/quote/price list etc. to confirm acceptance of offer Budget code Signature of authorised member of staff. d) Official orders which are compiled manually should comprise of 3 parts as follows: Part 1 - Supplier Part 2 – Originators File and Invoice Clearance Part 3 – Central Stores (for goods delivered via Central Stores) Where a computerised purchasing system is operative in Departments, Sections or Centres (except the Central Purchasing Unit) official orders should comprise of 2 parts as given below: Part 1 - Supplier Part 2 – Central Stores, unless direct delivery from the supplier to the originating department is required in which case Part 2 should be retained by the originator. Computerised official orders that are raised by the Central Purchasing Unit should comprise of 2 parts as follows: Part 1 – Supplier Part 2 – Customer’s Copy e) Where goods or services are purchased via the internet, a copy of the screen should be printed and signed by an approved person and retained on the orders file for future reference. f) Where a commitment is in excess of £150,000 the purchase order must be routed via the Deputy Director of Estate Management (Purchasing) for approval, except for building/construction projects which have already been pre-approved by Budget Sub-Committee. g) A division of duties should be maintained regarding staff that are responsible for the authorisation of official orders and invoices. 6.16 Goods/Services Received Personnel responsible for the receipt of goods/services should ensure that: 12 a) On receipt of a product and/or a service, the delivery note should be signed and dated. A copy of the delivery note should be retained at the point of receipt of the goods and/or services. Where deliveries are effected direct to a Department/Section and the official order was raised by the Estate Management Section the original delivery note should be sent to the Central Stores. b) Where an authorised member of staff is unable to immediately identify the actual quantity received, they should sign and date the delivery note and endorse it ‘unexamined’. c) Goods should be checked for quantity and quality upon receipt and following the completion of a service the quality should be reviewed to ascertain whether it meets the original specification. Any variation should normally be notified to the supplier within a maximum of 24 hours of delivery of goods or completion of a service. d) If goods are received damaged the Courier and the Supplier should be notified by telephone and in writing within 24 hours of delivery. e) At the point of receipt the ‘Delivery Note Number’ the ‘Quantity Received’ and the ‘Date of Receipt’ should be entered onto a copy of the Official Order. f) Copies of delivery notes should be retained for the current year and the last full financial year, for Audit purposes. g) Where delivery notes are not received, the copy order should be signed by the person receiving the goods or services to confirm delivery and retained for inspection. 6.17 Completion of Building Contracts and Other Construction Works The following will apply for building contracts and other construction works. a) A set of the contract documents will be held by the Contractor and the relevant professional adviser, if appointed. The second set, or a copy, will be held by the Director of Estate Management. b) The expenditure of any contingency sum on a contract shall be at the discretion of the University’s Project Officer. On projects for which a Building Sub-Committee has been established this shall be the Director of Estate Management acting on the advice of the relevant professional adviser. c) Payments on projects for which a Building Sub-Committee has been established shall be authorised by the Director of Estate Management supported by the Quantity Surveyor’s Valuation Certificate. In all other cases authorisation for payment shall be by the Director of Estate Management or the Deputy Director of Estate Management (Facilities) on advice from the relevant Project Officer 13 that the declared value of work has been satisfactorily completed. The amount of any retention shall be identified in the contract documentation. d) The handover procedures for Building and Construction projects shall be identified in the relevant contract documentation. 6.18 Invoices Personnel responsible for authorising invoices for payment should ensure that: a) The supplier’s invoice can be matched to an official purchase order number issued by the University. b) Where the invoice value matches the order value, the invoice should be authorised for payment. It is essential that the following information is incorporated on an invoice by the Department/Section responsible for approving the commitment of University funds: Order number Budget Code Value of invoice Signature authorising payment Where the value of an invoice does not match the order value the matter should be resolved by the person responsible for originating the purchase order. 6.19 Disposal of Surplus Equipment Equipment which is surplus to a Department or Section must be disposed of in a manner which provides the greatest income to the University and must be undertaken as follows: a) Each Head of Department or Section shall nominate a member of their staff to be responsible for the disposal of equipment. b) Items shall be valued realistically by comparison with trade sources. c) Where an item is valued in excess of £500, permission for disposal must be given by the Director of Finance or his nominee. d) Upon disposal the relevant item must be removed from the equipment inventory. e) Persons responsible for disposal of equipment, who also are in a position to make the decision as to whether an item is to be disposed of, can only buy such an item if permission to do so is given by the Director of Finance, unless it is purchased at auction. 14 f) For any mechanical or electrical equipment whether donated or sold, an electrical safety check must be undertaken by the University’s Maintenance Department. The cost will be charged against the value realised by the sale, or in the case of a donation charged to the donor. In addition, an indemnity form must be signed by the recipient to indemnify the University against future operational condition or potential misuse. g) A record must be maintained of all disposals. Each entry should detail the item, how disposed of, value of or cost of disposal and to whom, if appropriate. Each entry should be countersigned by the Head of Department/Section. h) Permission should be sought from the Pro-Vice-Chancellor (Resources) to donate items of any value, on a goodwill basis, to other Educational or Charitable Institutions. i) Disposal of equipment should be undertaken in accordance with the following options: - Offer to other Departments within the University. - Offer for sale in the “Wyvern” publication. - Advertise on the web. - Advertise for sale on a sealed bid basis. - Sell or trade into a supplier or dealer at a realistic value. - Notify to the convenor of the relevant Southern University Purchasing Consortium Commodity Group, if likely to be of use to another Institution. - Offer for sale by Auction. (Organisation of an auction must be undertaken by the Deputy Director of Estate Management (Purchasing). j) Scrap metals will be collected together by the Estate Management Section and disposed of to a scrap dealer when there is sufficient quantity to warrant collection. Once any costs have been deducted the balance of money shall be paid into the Vice Chancellor’s Student Hardship Fund. 6.20 Recycling Any recycling project should be registered with the Director of Estate Management. Income received from any such project should be used to fund the operation and any surplus credited to the cost of other waste disposal projects. The Estate Management Section will keep a record of such initiatives and the source of funding - Departments/Sections which generate such surplus through new recycling initiatives shall be able to identify the other project(s) they wish to support. Records should be kept of all transactions. 15 6.21 Advice Regarding Purchasing Regulations Advice in respect of the implementation of these regulations may be obtained from the Deputy Director of Estate Management (Purchasing), Room 6.016. 6.22 Sustainable Procurement Policy The University aims to ensure that its procurement activities meet the diverse needs of students, staff, the economy and society both now and in the future, and it will achieve this through:Exploring opportunities for reuse and recycling of materials, and reduction of consumption, as appropriate. 1. Minimising the environmental impact of the procurement process wherever possible, including reductions in transport, deliveries and packaging. 2. Where added value can be demonstrated using local suppliers when appropriate. 3. Working with key suppliers to reduce environmental risk and spread sustainability improvements through the supply chain. This will include: Avoiding products with particularly harmful substances Preferential procurement for products with high recycled content, that are biodegradable or are Fairly Traded wherever possible Buying energy efficient products wherever possible Buying products using recognised labelling schemes Encouraging suppliers to adopt environmentally sensitive policies and procedures, and to achieve environmental credentials Monitoring supplier performance against environmental Key Performance Indicators wherever possible. 4. Ensuring that environmental criteria are, as far as legally practicable, considered in the contract award process. 5. An emphasis on whole life costing and environmental impact for any goods and services to be purchased, including operating costs including energy, water usage and maintenance end of life processes including decommissioning and disposal. 6. Complying with all relevant environmental legislation. 7. Educating both internal buyers and suppliers concerning the University's sustainable objectives, which include minimising waste, preserving natural resources, reducing the University’s carbon footprint and promoting resource efficiency. 16 APPENDIX A University Procurement Strategy Group Membership 2009/10 Appointed Member Mr Hugh Barrett (Chair) Ex Officio Members Head of Department, Department of Biological Sciences Director of Finance Director of Estate Management Director of Information Systems Deputy Director of Estate Management (Purchasing) Faculty Manager, Faculty of Science and Engineering Procurement Manager (Secretary) Terms of Reference The University Procurement Strategy Group will advise the University Steering Group on: 1. Development of the Procurement Strategy. 2. Recommendations for improvements in processes and value for money on all external non-pay spend 3. Amendments that may be required to the Purchasing Regulations from time to time. 4. Procurement procedures for goods and services in the light of the Purchasing Regulations. 5. Goods and services which are purchased against single source quotations/tenders, summarised by department, value and reason for exemption. 6. The classification of goods and services purchased by the University into the following categories: a) those items that are to be purchased centrally or under centrally organised arrangements; b) those items that are to be purchased on a co-ordinated basis by one department on behalf of all others; c) all other items to be purchased by individual departments and sections in conformity with the University’s Purchasing Regulations. The Central Purchasing Unit will work to minimise b) and c), and maximise the commitment to national/regional contracts where appropriate and the negotiation of local contracts. 7. Matters connected with purchasing policy and practice referred to it from Finance & Strategy Committee and the University Steering Group. 17 8. Receive advice from and assign projects to the Commodity Advisory Group. 9. Receive reports on the performance of the Central Purchasing Unit from the Deputy Director of Estate Management (Purchasing). APPENDIX B COMMODITY ADVISORY GROUP Membership Deputy Director of Estate Management (Purchasing) (Chair) Help Desk & Purchasing Manager - Information Systems Services External Relations Manager - External Relations Financial Accountant – Finance Section Dept. Superintendent - Biological Sciences Dept. Superintendent - Electronic Systems Engineering Dept. Superintendent - Computer Science Systems Administrator - Management Information Systems Chief Technician - Psychology U G Administrator (first year) - Economics Graduate Administrator - Government Finance Manager - Students Union Central Stores Supervisor – Estate Management Purchasing and Contracting Supervisor – Estate Management Secretary – Careers Advisory Service Deputy General Manager – Catering Service Academic Administrator – East 15 Accommodation Advisor – Accommodation Section Terms of Reference 1. To review the contracts which are let by the Southern Universities Purchasing Consortium and for the Group to agree and implement those which the University will support. 2. To agree the product profile that will be held within the Central Stores and to add and withdraw products according to their usage. 3. To agree product ranges which are appropriate for contracting by the University and to undertake product adjudication and evaluation of tenders to meet the requirements of Users. 4. To review and/or resolve any operational matters regarding the purchase, storage and distribution of goods. 18 APPENDIX C ETHICAL CODE Staff should follow the guidance set out below: a) Declaration of Interest - Any personal interest which may impinge or might reasonably be deemed by others to impinge on a persons impartiality in any matter relevant to his or her duties should be declared, in accordance with the University’s policy. b) Confidentiality and Accuracy of Information - The confidentiality of information received in the course of duty should be respected and should never be used for personal gain. Information given in the course of duty should be true and fair and never designed to mislead. c) Competition - While bearing in mind the advantages of maintaining a continuing relationship with a supplier, any arrangement which might in the long-term prevent the effective operation of fair competition should be avoided. d) Business Gifts - Business gifts, other than items of very small intrinsic value such as business diaries or calendars should not be accepted. Occasionally representatives may wish to express their thanks for co-operation provided by University staff over a particular issue, such thanks may be in the form of an item which has a modest value. It is recommended that the item be donated to a charity or the Department/Section may wish to organise a raffle from which the proceeds will be given in support of a recognised and declared charity. Advice on such procedures should be sought from the Deputy Director of Estate Management (Purchasing) to avoid any misunderstanding. e) Hospitality - Modest hospitality is an accepted courtesy of a business relationship. However, the recipient should not allow him or herself to reach a position whereby he or she might be, or might be deemed by others to have been influenced in making a business decision as a consequence of accepting such hospitality. The frequency and scale of hospitality accepted should not be excessive. A record of hospitality should be kept within the Department/Section. f) When it is difficult to decide between what is and is not acceptable in terms of gifts or hospitality, the offer should be declined or advice sought from the member’s superior. 19 APPENDIX D UNIVERSITY OF ESSEX TO: Deputy Director of Estate Management (Purchasing) / Procurement Manager FROM: DATE: REQUEST TO ACCEPT SINGLE SOURCE TENDER / QUOTATION NAME OF DEPARTMENT/SECTION/CENTRE SPECIFICATION OF REQUIREMENTS (including quantity) CATEGORY FOR EXEMPTION FROM COMPETITIVE TENDER / QUOTATION REQUIREMENTS (See reverse for categories) ADDITIONAL INFORMATION TO SUPPORT REQUEST DETAILS OF OFFER Supplier …………………………………………….. Price (excluding VAT) ……………………………… SIGNATURE OF SUBMITTING MANAGER ……………………………..…….. RECOMMENDED FOR APPROVAL SIGNATURE OF DEPUTY DIRECTOR OF ESTATE MANAGEMENT (PURCHASING) OR PROCUREMENT MANAGER …………………………………… APPROVED/NOT APPROVED SIGNATURE OF DIRECTOR OF FINANCE …………………………………... 20 CATEGORIES FOR EXEMPTION FROM THE UNIVERSITY’S REQUIREMENTS TO SEEK COMPETITIVE TENDERS/QUOTATIONS FOR GOODS AND SERVICES The Purchasing Regulations do not require the invitation of competitive tenders or quotations for the supply of goods or services (including the sale of goods by auction) or for the execution of works in one or more of the following circumstances: (i) Such goods, services or works are obtainable only from one source and in the opinion of the Deputy Director of Estate Management (Purchasing) or Procurement Manager, no reasonably satisfactory alternative is available: in this case a formal written estimate of the expenditure and agreement by the supplier to the conditions of contract shall be first obtained. (ii) The price is wholly controlled by trade organisations or government order and in the opinion of the Deputy Director of Estate Management (Purchasing) or Procurement Manager no reasonably satisfactory alternative is available: in this case a formal written estimate of the expenditure and agreement by the supplier to the conditions shall be first obtained. (iii) The goods or services to be supplied or the work to be executed constitute an extension of an existing contract, or to ensure technical continuity. (iv) They consist of urgent repairs to buildings (which shall include land) or plant necessary to safeguard life, limb or necessary to maintain effective services in the event of fire, subsistence, storm, flood or other emergency: in all circumstances the Director of Estate Management, (or other Directors or Heads of Department as appropriate) may obtain the necessary goods and services or order the necessary works to be put in hand immediately and he/she shall report to the next meeting of the Finance Committee of the University if the expenditure is not otherwise provided for. An exemption should not be sought where the anticipated cost is likely to exceed the levels of the European Directives, with the exception of those contracts let in accordance with the “negotiated” procedure.