2 Ibid., § 19, cl. 1 (as amended by Gazette, p. 1442), insert new second paragraph: `All procurement of goods and services, including works, should be in accordance with the University's Procurement Policy Guidelines, as set out in Schedule B below.'
3 Ibid., (as amended by Gazette, p. 1446), following § 45, after `SCHEDULE' insert `A'.
4 Ibid., (as amended by Gazette, p. 1447), following the note, insert:
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(1) All procurement of goods and services should be based on value for money, determined by price, quality, timeliness, durability, delivery, and service, and, as appropriate, on environmental considerations.
(2) The responsibility for achieving this objective lies with Heads of Department or equivalent within the University.
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(1) Value for money is the optimum combination of whole-life cost, timeliness, and quality (or fitness for purpose) to meet the user's requirement.
(2) The achievement of value for money is crucial to the wider objective of using resources effectively. It is essential, therefore, that purchasers develop clear strategies for continuing improvement in the acquisition of goods and services.
(3) Sound practice for the pursuit of value for money will contribute to the competitiveness of suppliers, contractors, and service-providers (collectively "suppliers") in both domestic and overseas markets.
Assisting the competitiveness of suppliers will also assist purchasers to obtain future value for money and security of supply in a competitive market.
In particular, purchasers should:
(a) keep supplier bidding costs to the minimum necessary for effective competition; and
(b) aim to reduce barriers to participation by small firms and the self-employed without discriminating against larger firms.
(4) It would not be consistent with value for money policy for purchasing power to be used to pursue other aims. For example, purchasers should seek only such information from potential bidders as is necessary: in particular, purchasers should not seek information which they cannot legitimately take into account.
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(1) Departments are responsible for ensuring that they comply appropriately with tendering procedures within the framework of the law.
(2) The legal framework for procurement includes:
(a) EU and other international obligations, as implemented in UK legislation;
(b) specific domestic legislation, for example on corrupt gifts or unfair contract terms;
(c) contract and commercial law in general.
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(a) Goods and services between £10,000 and £50,000
Three written quotations must be sought for all procurements between £10,000 and £50,000. Tenderers must be given adequate time to prepare their response.
(b) Goods and services between £50,000 and £144,456
A full tendering procedure must be carried out for all procurements between £50,000 and £144,456. Model documents for this procedure are available from the Central Purchasing Office. Tenderers must be given adequate time to prepare their response.
(c) Goods and services over £144,456
All procurements, regardless of the source of funding or proportion of cost to be met by the University, over £144,456 must, by EU law, be tendered throughout the European Community. The Central Purchasing Office must be notified of all requirements at this level. A formal tender, advertised in the Official Journal, will be co-ordinated by the office.
This regulation also applies to any supplier agreement where the total value of the goods to be purchased during the agreement period exceeds the threshold of £144,456.
(a) Works contracts or sub-contracts under £7,500
The number of tenders to be invited is at the discretion of the Director of Estates and Surveyor to the University. The name of tenderers is to be settled and tenders opened by the Architect, Engineer, or Building Surveyor for the job. The contract will be awarded by a Deputy Surveyor. Approval to accept other than the lowest tender is by the Director of Estates and Surveyor to the University.
(b) Works contracts or sub-contracts between £7,500 and £75,000
The number of tenders to be invited is at the discretion of the Director of Estates and Surveyor to the University. The name of tenderers is to be settled and tenders opened by the Director of Estates and Surveyor to the University. The contract will be awarded by a Deputy Surveyor. Approval to accept other than the lowest tender is by the Director of Estates and Surveyor to the University.
(c) Works contracts or sub-contracts between £75,000 and £150,000
The number of tenders to be invited is at the discretion of the Director of Estates and Surveyor to the University. The name of tenderers is to be settled and tenders opened by the Director of Estates and Surveyor to the University. The contract will be awarded by Director of Estates and Surveyor to the University. Approval to accept other than the lowest tender is by the Director of Estates and Surveyor to the University.
(d) Works contracts or sub-contracts between £150,000 and £300,000
The number of tenders to be invited must be least four. The name of tenderers is to be settled by the Director of Estates and Surveyor to the University. Tenders are to be opened by the Tenders Sub-committee. The contract will be awarded by the Director of Estates and Surveyor to the University. Approval to accept other than the lowest tender is by the Buildings and Estates Subcommittee.
(e) Works contracts or sub-contracts of £300,000 and over
The number of tenders to be invited is at the discretion of the Buildings and Estates Subcommittee. The name of tenderers is to be settled by the Buildings and Estates Subcommittee. Tenders are to be opened by the Tenders Subcommittee. The contract will be awarded by the Director of Estates and Surveyor to the University. Approval to accept other than the lowest tender is by the Buildings and Estates Subcommittee.
(a) EU tendered agreements
Where agreements have been reached through competitive tendering via the Official Journal of the European Community, departments should use the designated suppliers for the products concerned. A matched or lower price for the same product is not a valid reason for purchasing outside the agreements. Under EU law departments must not seek or accept an alternative price from any supplier who unsuccessfully tendered for the business. Any offer of this nature must be notified to the Purchasing Officer.
(b) Non-EU tendered agreements
Where an agreement is a centrally negotiated framework agreement, which has not been tendered through the EU, departments should endeavour to use those agreements wherever possible. All offers of more competitive pricing should be notified to the Central Purchasing Office with a view to the negotiation of a university-wide agreement.
(4) References/credit checks
All suppliers in the Buyers' Guide have been subjected to appropriate credit checks. All new or unlisted suppliers must be the subject of a credit check which will be carried out by the Finance Division.
A supplier appraisal (which includes agreement to the University's Terms and Conditions of Purchase) must be carried out on all potential suppliers to the University of Oxford. A copy of the completed form must be attached to all applications to the Finance Division for the addition of a new supplier.
A credit check must be carried out on any company to which a sum of money is to be paid in advance of goods or services received - e.g. in the case of a maintenance contract. The Finance Division must carry out these checks centrally.
Advance payments in excess of £5,000 for capital equipment must only be paid upon receipt of a banker's guarantee. Alternatively, suppliers can be offered the option of an interest- accruing escrow-type account. All payments of this nature should be notified to the Central Purchasing Office.
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(1) Members of the University shall never use their authority or office for personal gain and shall seek to uphold and enhance the standards of purchasing by:
(a) maintaining an unimpeachable standard of integrity in all their business relationships both inside and outside the organisation;
(b) fostering the highest possible standards of professional competence amongst those for whom they are responsible;
(c) optimising the use of resources for which they are responsible to provide the maximum benefit to the University;
(d) complying both with the letter and the spirit of:
(i) the law of the country in which they practise;
(ii) such guidance on professional practice as may be issued by the University from time to time;
(iii) contractual obligations;
(e) rejecting any business practice which might reasonably be deemed improper.
(2) Guidance
(a) Declaration of interest. Any personal or close family interests which might impinge or might reasonably be deemed by others to impinge on an employee's impartiality in any matters relevant to his or her duties should be declared. It is not possible to provide a comprehensive definition of potential conflicts, and in any situation where an individual is uncertain as to the propriety of a given arrangement a declaration should be made and, if necessary, advice should be sought from the Conflict of Interest Committee. A typical example would be where there is or was a recent personal or close family involvement in any company or commercial enterprise which is in a contractual relationship or which is in the process of negotiating the terms and conditions of a contract with the University where the employee has been concerned or connected with the placing or negotiating of the contract or order in question.
(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 to the University 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, should not be accepted.
(e) Hospitality. Modest hospitality, such as the occasional business lunch, is an accepted courtesy of a business relationship. However, the recipient should not allow himself 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 significantly greater than the University would be likely to provide in return.
(f) When it is not easy to decide between what is and is not acceptable in terms of gifts or hospitality, the offer should be declined or advice sought from a superior.
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