Home Corporate Procurement Plan 2022 – 2024

Corporate Procurement Plan 2022 – 2024

Corporate Procurement Plan 2022 – 2024

1. Introduction

The Code of Practice for the Governance of State Bodies 2016 (the Code) requires state bodies to prepare a Corporate Procurement Plan as set out in section 8.20 of the Code.

8.20 Corporate Procurement Plan

The OGP policy framework requires that all non-commercial State bodies complete a Corporate Procurement Plan. This plan is underpinned by analysis of expenditure on procurement and the procurement and purchasing structures in the organisation. The plan should set practical and strategic aims, objectives for improved procurement outcomes and appropriate measures to achieve these aims should be implemented.

The Chairperson should affirm adherence to the relevant procurement policy and procedures and the development and implementation of the Corporate Procurement Plan in the comprehensive report to the Minister.

The Authority’s Statement of Strategy 2022 – 2024 identifies good corporate governance and controls as a key enabler for achievement of the organisation’s strategic objectives and that a key outcome is to ensure full compliance with the code of practice for State bodies.

This plan sets out how the Authority undertakes its procurement functions in compliance with section 8.20 of the Code.

2. Objective of the plan

The objective of this plan is to ensure the Authority’s ongoing compliance with EU and national procurement legislation, circulars, and guidelines (see Appendix 1).

3. Procurement expenditure analysis

Annual expenditure and budgets are set by the Senior Management Team (SMT) and reviewed by the Audit and Risk Committee (ARC) who in turn recommend them to the Board of the Authority for approval.

Appendix 2 provides an analysis of the Authority’s expenditure which is subject to, and not subject to, procurement.

The Authority publishes a full set of accounts in its annual report.

4. Implementation of the plan

An overview of the implementation of this plan is set out under the headings below.

4.1 Management of procurement

The Operations Unit has responsibility for the procurement functions in the Authority which includes:

  • ensuring that all procurement meets EU and national directives, legislation, circulars and guidance requirements,

  • management of the procurement plan, policy, procedures and associated records,

  • management of finance and purchase management systems and procedures,

  • training for staff on procurement policies and procedures,

  • final approval for payment of all expenditure, and

  • support to staff on procurement which includes assistance with identifying appropriate procurement methods, the preparation of RFTs (requests for tender) and contracts, conducting evaluations, and providing feedback.

4.2 Procurement policy and procedures

The Authority’s procurement policy and procedures comprise the following elements:

  • Procurement policy: this outlines the principles that govern the Authority’s procurement activities and is published on the Authority’s website.

  • Procurement procedures manual: this provides guidance on approval procedures, threshold levels, use of frameworks templates and contracts, purchase management and contract management. This also includes guidance on Green Public Procurement.

  • Corporate procurement register (available on Sage): this records the Authority’s procurement activity.

4.3 Oversight of the Authority’s procurement

To ensure appropriate oversight of the Authority’s procurement, the following corporate governance is in place:

  • Annual expenditure and budgets are set by the SMT and reviewed by the ARC who in turn recommend them to the Board of the Authority for approval.

  • The SMT and the ARC review the management accounts on a quarterly basis. Part of this process is to report on any budget variances and comment on any procurement issues that arise and raise any concerns where relevant with the board of the Authority.

  • Approval by the Board of the Authority is required for the award of any one contract over €100,000 (ex VAT).

  • Ministerial approval is required for any expenditure above €55,000 (ex VAT) on consultants or advisers in accordance with Section 12 of the Pensions Act.

  • Appropriate prior approval is required for all procurement and purchasing activities.

  • End of year draft accounts are submitted to the Department of Social Protection and the Department of Finance.

  • Annual independent internal and Comptroller and Auditor General audits are conducted.

4.4 Procurement templates

The Authority will use Office of Government Procurement (OGP) frameworks where available and appropriate. Where an OGP framework is not available or deemed appropriate, the Authority will procure goods and services in accordance with OGP guidelines.

For the procurement of services, the Authority will use its own suite of templates for RFTs (requests for tender) and contracts that are based on OGP templates.

For the procurement of ICT goods and services, the Authority will prepare RFTs and contracts on a case-by-case basis as recommended by the OGP.

4.5 Procurement action plan 2022 to 2024

The Procurement action plan sets out practical, time limited measures the Operations Unit will undertake to improve routine procurement procedures. The Procurement action plan is set out in Appendix 3.

Appendix 1 – Procurement legislation and guidance

Included here is a list of relevant legislation and guidance that applies to procurement by the Authority.

Name

Source

Description

Links

EU Directives

EU Directive on public procurement

EU Directive and Irish regulations

The current EU directive on public procurement implemented in Ireland via SI 284 of 2016.

SI 284 of 2016

and

Directive 2014/24/EU

EU Directive on procedures concerning the award of public contracts (the “Remedies Regulations”)

EU Directive and Irish regulations

These Regulations apply to all contracts above the EU threshold and oblige contracting authorities to provide minimum information to unsuccessful tenderers and to allow for a “standstill period” of 14 days before execution of contracts. Under these Regulations, suppliers may challenge contract award decisions in the High Court.

SI 130 of 2010

and

Directive 2007/66/EC

OGP guidance

National Public Procurement Policy Framework

OGP

This document sets out the overarching policy framework for public procurement in Ireland.

National Public Procurement Policy Framework (November 2019)

Template RFTs and Contracts for Goods and Services

OGP

OGP templates designed for tenders for low to medium risk goods and services that are above the EU threshold.

OGP Templates for Goods and General Services

Public Procurement Guidelines for Goods and Services

OGP

This document provides comprehensive guidance on procurement processes for contracts, frameworks, above and below EU thresholds.

Public Procurement Guidelines for Goods and Services

(January 2019)

OGP Information Notes

OGP

These notes issued by the OGP provide guidance on specific matters such as Covid-19, Brexit, GDPR etc.

OGP Information Notes

(ongoing)

Ethics in Public Procurement

OGP

This document provides information to assist public sector buyers to conduct purchasing in a way that satisfies probity and accountability requirements.

Ethics in Public Procurement (2005)

Irish government circulars and guidance

Code of Practice for the Governance of State Bodies

DPER

Sections 8.16 to 8.21 set out requirements for the Board and Chairperson in relation to procurement governance including:

  • procurement policies and procedures

  • corporate procurement plan

  • contracts database

  • procedures to detect non-compliance

  • obligation on Chairperson to report non-compliance.

Code of Practice for the Governance of State Bodies (August 2016)

The Public Spending Code

DPER

All Irish public bodies are obliged to treat public funds with care, and to ensure that the best possible value for money is obtained whenever public money is being spent or invested. The Public Spending Code is the set of rules and procedures that ensure that these standards are upheld across the Irish public service.

Public Spending Code

Freedom of Information Model Publication Scheme

DPER – FOI Central Policy Unit

This document includes the requirements to publish procurement information under the FOI Act, 2014.

Freedom of Information Model Publication Scheme (July 2016)

Determining Insurance Requirements for Goods & Services RFTs & Contracts

State Claims Agency

This document provides guidance on the appropriate types and levels of insurance cover for contractors in the performance of public contracts for goods and services.

SIG 02: Determining Insurance Requirements

for Goods & Services RFTs & Contracts

Arrangements for Oversight of Digital and ICT-related initiatives in the Civil and Public Service

DPER

This circular sets out the arrangements for oversight of digital and ICT initiatives in the Civil and Public Service and the additional arrangements that are in place in relation to Peer Review of digital and ICT Initiatives of significant scale, risk or strategic importance being undertaken in the Civil and Public Service.

Circular 14/2021

Promoting the use of Environmental and Social Considerations in Public Procurement

DPER

The purpose of this Circular is to promote the wider use of environmental and social considerations in public procurement with specific regard to the Climate Action Plan 2019.

Circular 20/19

Arrangements for digital and ICT-related expenditure in the Civil and Public Service

DPER

The purpose of this Circular is to simplify the arrangements for approval and oversight of ICT expenditure through greater alignment with the Estimates Process, relevant strategies and strategic objectives. This circular supersedes previous circulars 02/09 and 02/11.

Circular 02/16

Initiatives to assist SMEs in Public Procurement

DPER

This Circular is designed to further enable SMEs in competing for public contracts.

This Circular should be read in conjunction with the Public Procurement Guidelines for Goods and Services and the Capital Works Management Framework as appropriate.

Circular 05/23

Arrangements concerning the use of central contracts put in place by the OGP.

DPER

This Circular concerns the use of central contracts and frameworks put in place by the OGP. Where public bodies do not utilise central procurement frameworks, they should be in a position to provide a value for money justification. Value for money justifications should take into account the full costs of running a public procurement competition.

Circular 16/13

Procurement of Legal Services and Managing Legal Costs

DPER

This Circular reminds public bodies of their obligations to ensure that their procurement of legal services complies with the rules and guidelines on public procurement. It also outlines appropriate competitive procedures that can be used in the engagement of legal services and sets out a number of approaches and tools for public bodies to use in managing legal costs.

Circular 05/13

Tax Clearance Procedures for Public Contracts

Dept. of Finance

This Circular sets out the requirement that public contracts may not be awarded, nor payments be made, unless the contractor holds a current Tax Clearance Certificate from the Irish Revenue Commissioners.

Circular 43/06

Appendix 2 – Analysis of expenditure (based on 2023 expenditure)

Table 1 – Income and expenditure analysis

Item

Total (€)

Description

Income

11,206,574

Authority income comes from occupational pension scheme and PRSA fees.

Expenditure

10,997,416

Salaries, rent, professional fees, capital expenditure, etc.

Table 2 – Expenditure – identified by expenditure not subject, and subject, to procurement

Item

Total (€)

%

Description

Expenditure not subject to procurement

8,479,505

77

Predominantly relates to salaries, accommodation costs and corporate subscriptions.

Expenditure subject to procurement

2,517,911

23

Details shown in table 3.

Total expenditure

10,997,416

100

Table 3 – Expenditure subject to procurement segmented into categories

Item

Total (€)

%

Description

General administration

1,180,146

47

IT support and maintenance contracts, insurance, stationery, phones.

Professional fees

710,328

28

IT, legal, research, pensions consultancy and project work.

Information and publicity

283,993

11

Website, advertising and printing.

Training and education

186,599

7

Staff training in-house and external.

Depreciation on capital expenditure

132,155

5

Software systems development, computer and office equipment, and leasehold improvements.

Total expenditure subject to procurement

2,493,221

100

Appendix 3 – Procurement action plan 2022 – 2024

The Procurement action plan sets out practical, time limited measures the Operations Unit will undertake to improve routine procurement processes.

 

Action

Output/result

Responsibility

Timeframe

1

Review the Corporate procurement register monthly to ensure:

  • contracts are renewed on time or new contracts put in place.

  • expenditure under contracts is in line with estimates.

  • Contracts are extended or re-tendered in a timely manner.

  • Expenditure under a contract does not exceed the estimated value of the contract or breach thresholds.

Facilities team

Monthly

2

Remind each Unit when a contract is up for renewal or replacement.

Contracts will be put in place in a timely manner.

Facilities team

Ongoing

3

Publish a list of all contracts awarded with a value over €25,000 on the website with associated details.

Increased transparency and compliance with the Freedom of Information Model Publication Scheme.

Facilities team

Quarterly

4

Publish a list of all purchase orders over €20,000 on the website with associated details.

Increased transparency and compliance with the Public Sector Reform Plan.

Facilities team

Quarterly

5

Publish award notices for Authority tenders on eTenders.

  • Publication of award notices for all Authority tenders are up to date.

  • Tenders are closed as appropriate.

Facilities team

Ongoing

6

Review the Corporate Procurement Plan.

The Corporate Procurement Plan published to the website is up to date.

SMT

Annually by end Q4

7

Review the Authority’s Procurement policy.

The Authority’s Procurement policy published to the website is up to date.

SMT

Annually by end Q4

8

Review the Authority’s Procurement procedures manual.

The Authority’s procurement procedures manual published to the intranet is up to date.

Facilities team

Annually by end Q4