Guide to doing business with Cumberland Council

How to do business with Cumberland Council

We buy from external suppliers to provide a wide range of commercial opportunities.

This guide explains how to go about trading with the council by setting out:

• policies and procedures the council has to follow
• how to find out about business opportunities
• what the council is looking for
• processes that suppliers have to follow
• useful contact details.

It is intended to enable you to feel confident in approaching Cumberland Council for business and to enable you to maximise your opportunity to obtain business from us.

We buy goods, work and services from a range of suppliers. Contracts vary from small one-off purchases to large contracts to provide services on behalf of the council. 

We aim to help companies and organisations who wish to supply us with goods or services or carry out works on our behalf. We encourage competition and welcome bids from new and established suppliers, especially from local small and medium sized enterprises (SMEs), third sector organisations, and social enterprises.

Find out about our procurement process

The benefits of working with us

We are committed to using procurement to contribute to the regeneration of the area. By working with you we will continue to learn how to make it easier for organisations to do business with us.

We:

• include social value to our procurement activity; this may enhance your reputation in the community and wider business sector 
• are fair, non-discriminatory, transparent and professional
• are a long-established organisation, with professionally qualified staff
• are prompt to pay invoices, we pay on time

Procurement rules

There are rules and regulations at both national and local levels which we have to follow when procuring goods, works and services to ensure transparency and value for money.

Our procurement and contract arrangements aim to ensure that the council achieves value for money from the money it spends. It also ensures fair and transparent procedures and equal treatment of all potential suppliers.

All council officers must follow procedures set out by Cumberland Council Financial Regulations and relevant UK procurement law. How much is being spent informs which procedures officers must follow.  

National rules 

The main English legislation covering procurement is the Public Contracts Regulations 2015 (PCRs). New legislation is due in October 2024. This should be seen as a starting point and brings together a legal framework for public procurement.

Procurement Act 2023 – short guide for suppliers

All our contracts, no matter what their value, are covered by the PCRs which incorporate the free movement of goods and services and prevents discrimination against firms on the grounds of nationality.

Find out about Public Contracts Regulations (PCRs) on the legislation website 

We need  to follow detailed procedures for all our procurement activity above the financial thresholds.

Procurement activity and value (inclusive of VAT):

• goods and services - £213,477.00
• works - £5,336,937.00
• social and other specific services (Schedule 3) - £663,540.00
• new values will be introduced in January 2024
• goods and services - £214,904
• works - £5,372,609
• social and other specific services (Schedule 3) - £663,540.
   

All activity above these thresholds is advertised on the Find a Tender Service.

Find out about the Find a Tender Service on GOV.UK.

Local rules

We have our own Contract Procedure Rules (CPRs) which we must comply with.

These are part of the Cumberland Constitution. Find out more about the Cumberland Constitution

Procurement procedures

Minimum procurement thresholds - total contract value and procedure

Collaboration with suppliers

Suppliers have a key role to play in assisting the council in the delivery of services to those who live, work and visit Cumberland.

Our Corporate Procurement Team are increasingly involved in collaborating with suppliers, and attend a variety of supplier and Third Sector events across the Cumberland Council area to discuss our contracts and requirements. These events allow us to present and share details of procurement processes, future opportunities and how and where we advertise our contracts. Our team, where necessary, also offer online demonstrations of how to become a registered supplier on our E-Procurement portal, The Chest.

Our aim is to streamline the way we work and collaborate together with suppliers, to become more efficient and transparent, thereby making it much easier for suppliers to work with us. 

Local workshops

Our procurement team attended workshops in the area organised specifically for SME’s and local businesses to discuss how to do business with the Council. These workshops provide opportunities for suppliers to collaborate and discuss Council procurement and how they can become involved as suppliers, and indeed work with one another. 

Cumberland Council, Nuclear Decommissioning Authority and BEC, regularly meet with Sellafield Ltd and its various strategic partners (suppliers) to discuss how they are delivering services through the Cumberland local supply chain and from elsewhere. 

Collaborating directly with suppliers – in specific contracts such as catering where certain products are required for our schools and care homes, we are only too happy to meet with various manufacturers and suppliers at an early stage, pre a formal procurement exercise, in order to establish what products are available in the marketplace. This allows us to suggest suitable products, which can assist suppliers to develop their product range and the products they could offer in a contract. These collaborative procurements offer greater opportunities for suppliers but within a more competitive environment, so delivering better savings to councils and therefore better value to Cumberland Council tax payers. 

Electronic procurement 

We seek to use advances in technology to improve the efficiency and effectiveness of our procurement where it is cost-effective to do so. E-procurement enables us to undertake procurement business electronically and we use a comprehensive range of tools. 

An electronic purchase to pay system

This streamlining the process from requisition to payment. The system is fully integrated with our financial management system and will be used in all directorates for the requisition, purchase and payment of the majority of goods, works and services. 

Premier Supply Service

The Premier Supply Service is an early payment programme that gives suppliers the opportunity to be paid earlier than contracted terms. 

Premier Supply Service

A portal and electronic tendering system

The Chest provides an electronic system for suppliers interested in tendering opportunities. Tenders will be advertised on the portal. In order to improve access by SME’s and Third Sector organisations we encourage other public sector organisations to use the Chest. These tools are used to identify and deliver cashable savings, improve processes and to generate improved and timely management information.

Our E tendering system

The Chest was created several years ago in order to bring together buyers and suppliers thereby making it easier for businesses to find out about new tendering opportunities. The Chest is an e-tendering portal which allows us to communicate with suppliers more effectively in procurement, while providing a method of electronic tendering and reducing the traditional paper based method previously used.

This method benefits suppliers by allowing them to reduce tendering costs through registering their interest online. Local Authorities in the North West currently spend approximately £6.5 billion each year on goods and services and so increase the opportunity to provide long-term stability for local businesses.

Register your interest on The Chest

Types of tender processes used by Cumberland Council 

The tender process used by the council will depend on the value and complexity of the tender/service being procured and the potential size of the market. There are a number of different methods. The procedure used will be noted in the tender document. The most commonly used: 

Open Procedure

This allows suppliers that have responded to a public notice to tender without prior selection. Open Procedures can result in a high volume of responses meaning it is usually used when the size of the market is known. This process lasts for a minimum of 30 days. 

Restricted Procedure

This procedure is a two stage process that runs for a minimum period of 55 days, with the first stage in the form of an Selection Questionnaire (SQ). Suppliers will be short listed to receive tenders once they have passed the preselection criteria. This method is normally used where there is no framework in place for the type of goods or services required, or for larger value procurements. 

Frameworks

Are used to set up an arrangement with one or more suppliers on the understanding that the Council may call on suppliers to provide works, supplies or services as and when required. Frameworks do not guarantee work for suppliers and tenderers are still subject to competition as part of that framework. Once suppliers are successfully selected to form part of a framework, they are usually required to complete mini competitions with other suppliers on the framework to ensure best value is achieved. 

Procurement cycle

1. identifying needs
2. develop business case
3. define procurement approach
4. competition
5. evaluate tenders
6. contract award and implementation
7. managing the contract and supplier relationship
8. closure and lessons learnt

Responsible Procurement

We recognise our responsibility to help our suppliers by procuring value for money goods, services and works, which maximise social value, minimise environmental impacts and ensure the ethical treatment of people throughout our supply chains.
We are continually strengthening our pursuit of these goals.

Read our Social value toolkit

The tender process

Achieving value for money through procurement is essential and is something we continually strive to achieve.

As a local authority we have agreed procedures for tenders and contracts which we must follow. We understand that these procedures may seem testing for some suppliers but please be assured that every stage is necessary if we are to deliver robust services and both achieve and generate efficiencies for Cumberland Council taxpayers whilst mitigating against the potential risks to the council and its customer and end user. 

Procurement process within the council

This is our typical procurement process:

Identifying the needs for procurement 

We will identify if there is a need for procurement of services, goods or works, and/or are there any other routes available. Once the business case and subsequent options appraisal is completed, the need for procurement and suitable route to the market is defined and timetabled. At this stage, we will be developing a project brief and deciding how the procurement exercise will be carried out. We will take account of possible outcomes and barriers to the procurement exercise including: 

• business intelligence/market conditions 
• early stakeholder engagement 
• internal staff engagement 
• legislation and Council policy 

Seeking expressions of interest 

On completion of contract briefs, we will publish advertisements and contract notices, inviting suppliers to submit an expression of interest. Once received suppliers may be required to provide supporting information, either via a selection questionnaire or within the tender pack. This will include details about their financial status, previous experience and references.

The documentation to be completed will depend on the process used by the authority, the value and complexity of the tender/service being procured and the potential size of the market. 

Selection Questionnaire (SQ): Restricted procedure 

If the procurement route chosen requires completion of an SQ, this is known as a two stage restricted process. Responses from completed questionnaires are used to assess whether the supplier can meet the requirements for that particular contract. Tender documentation is then sent to the short listed suppliers. 

In a single stage process (known as an Open Procedure) a questionnaire is sent with the tender documents and is used as part of the technical and financial appraisal. 

Inviting tenders 

We can invite suppliers to provide tenders from either an advertisement or from those who have successfully passed the expression of interest stage. For example -  they have completed a successful SQ. If you receive an invitation to tender, you are being invited to make an offer. Within the tender pack there will be as a minimum: 

• a letter of invitation outlining details of all the documents in the pack and the closing date for return of tenders
• terms of contract
• specification
• pricing schedule
• evaluation criteria used to judge the responses. 

Specific requirements will apply to individual procurements as will the level of detail and information to be supplied. The main methods used for tendering are the open and restricted procedures. 

Evaluating tenders 

We evaluate tender submissions against set standards (or criteria) relating to how the tenderer proposes to deliver the services (quality), including social value and the cost of the services (value for money). This criterion is outlined in each tender pack sent out and allows us to provide fair and transparent evaluations of tenders ensuring an objective assessment is achieved and each submission is judged on its own merit.

Awarding the contract 

We will inform candidates and tenderers as soon as possible, of decisions reached concerning the conclusion of and the award of the contract. On most occasions we award the contract to the supplier whose bid offers the Most Economically Advantageous Tender (MEAT). Contracts with a value in excess of £500,000 will be subject to a decision by Cumberland Council’s Cabinet. 

We will inform all tenderers of the decision: 

• the successful tenderer selected. 
• the unsuccessful tenderers of their scores and the scores of the successful tenderer, why they weren’t selected, and areas they could have improved their submissions. 

Performance and management of the contract 

The contractor performs the contract and the council manages it, checking and monitoring the contractor’s performance throughout the whole life of the contract. 

Things to consider at each stage of the tender process 

Potential bidders can increase their chances of being successful in their applications to carry out work for us if they pay attention to the following aspects of the process. 

Watch for opportunities published on The Chest, the councils’ web sites and social media platforms, the Cumberland Council Business Bulletin, Find a Tender and the local and trade press for tender notices. 

Study the entire tender document carefully making sure you meet all the requirements. 

Make sure you supply all the information and details asked for in the required format, answering the questions asked and not the questions you wished were asked. 

Make sure your submission is returned before the deadline, as tenders are not usually accepted if they arrive late - even if they were posted before the deadline. If you encounter technical difficulties near the deadline for submitting a bid, then contact us as soon as possible to let us know.

Check your submission to make sure that you have included and attached everything you intended to. Do not attach promotional information that has no relevance to the tender being applied for.

Some reasons why you may be unsuccessful 

Non-acceptance may include:

• not answering Standard Questionnaire when requested
• uncompetitive – failure to submit the most cost effective, best value offer in accordance with the evaluation criteria
• not quoting a price for the specified product (and the alternative submitted is not the equivalent)
• not supplying samples of products when requested
• not supplying samples of management information, reports or COSHH data sheets with the tender documents
• unsatisfactory references (performance) or financial history
• submission of an alternative bid without prior agreement
• bids submitted after the tender deadline. 

Supporting evidence may be requested where applicable.

In certain circumstances, suppliers could be asked to undertake a presentation or interview with members of the evaluation panel but this will be made known in advance through the tender documentation.

Should there ever be any doubts or queries during the tendering process, suppliers should always ask a question using the correct procedure. A copy of the responses will also be sent to all other suppliers participating in the tender process. This allows complete transparency and two way communications for clarification whilst protecting parties involved from any accusations of collusion.

How we advertise opportunities

Watch for opportunities - they may be published on:

• The Chest
• the councils’ websites and social media platforms
• the Cumberland Council Business Bulletin
• Find a Tender
• Contracts Finder
• local and trade press for tender notices

Issues that may affect businesses applying for tender or business

We have a variety of policies that we have to comply with. Whilst we certainly do not wish to be overly bureaucratic, indeed we strive to streamline all our processes, thereby seeking to make them much more user friendly. In turn we expect our suppliers to set similar standards, for example, in areas including health and safety, environmental responsibility, sustainability, quality control procedures and equality and diversity. 

We would expect all suppliers to adhere to such policies which may be required when submitting quotations or tenders. At the invitation to tender stage (ITT), we may request evidence of compliance and details of your policies. These elements will form part of any tender evaluation. Where appropriate, we require suppliers to comply with all current legislation necessary for the tender they are applying for, including, for example: 

• RoHS (the restriction of the use of certain hazardous substances in electrical and electronic equipment)
• Hazardous Waste Regulations (HWR) and other regulations such as the Waste Electrical and Electronic Equipment (WEEE) Directive
• Care Quality Commission (CQC) Registration

Health and safety 

We take steps to manage any health and safety risks that may arise from our work with business. The level of controls is proportionate to the risks. As a minimum, we ask businesses for a declaration of commitment to good health and safety standards. For businesses with greater health and safety risks, we will require completion of a health and safety questionnaire and we will monitor the awarded contract to ensure it is undertaken safely. 

We encourage suppliers to seek approval or assessments of their health and safety management systems from recognised bodies and may use this as part of selection criteria. Where a business possesses current UKAS Accredited third party certification or equivalent International Accreditation Body certification to OHSAS 18001, or is currently pre-qualified by a member scheme of the Safety Schemes in Procurement (SSIP) Forum, it will be easier to do business with the council, as some of the stages that other businesses have to complete can be avoided. 

Environmental responsibility 

We are committed to the principles of sustainability and protection of the environment. So far as reasonably practicable, this will be achieved by inclusion of environmental considerations in all procurement processes and contracts. 

Environmental selection criteria appropriate and proportionate to the nature of our contracts will be used in all tender processes to align with our environmental objectives. We would expect all suppliers to meet a similar level of commitment to looking after the environment to achieve our targets. 

Sustainability 

We continually aim, wherever possible, to achieve sustainable procurement that will save costs, reduce carbon and deliver other environmental benefits. We are committed to ensuring that the procurement of our goods services and works best fit the needs of the end users and our local communities. 

Our standards have been developed so that products which meet the criteria save money over the whole life of the contract, taking into consideration differing factors for example -  environmental products. Our expenditure on works, goods and services can have a huge impact economically, socially and environmentally within the Cumberland area. If we can minimise the risk of any adverse impact in these areas, then this will help us improve local quality of life and promote sustainable development now and for future generations in line with our social value objectives.

Quality control 

It is very important that suppliers can demonstrate recognised quality procedures to be able to ensure that high quality goods and services will be delivered and maintained. However this does not necessarily mean that you must hold the quality management system ISO 9001, for example, but we do need to know how quality is embedded across your organisation and how you expect to maintain or improve against such predetermined standards. 

Equality and diversity 

We are committed to working positively to promote the values of equality and diversity and reduce inequality for all customers and employees. We aim to eliminate all forms of discrimination, promoting equality of opportunity, good community relations and cohesion throughout. We will promote equality of opportunity for all people on the grounds of gender, age, race and ethnic origin, religious beliefs, sexual orientation, disability, marital status, gender reassignment and maternity identified by the Equality Act (2010) and also the European Convention of Human Rights. 

Essentially we aim to ensure that our suppliers abide by the law and are working to best practice in these areas.

Modern slavery

The Modern Slavery Act 2015 came into effect in the UK on 29 October 2015. Its aim is preventing and tackling modern slavery, which is identified as the second largest criminal industry in the world, according to the United Nations.

As a public sector organisation, employer, community leader and procurer we are committed to undertaking a preventative approach to modern slavery and human trafficking within our corporate responsibilities and activities. This also includes co-operating with partners to work towards the disruption of such activities.

We have an expectation that any organisation we work with operates appropriate policies and practices in relation to modern slavery.

Use of other Local Authority Framework agreements 

All public authorities are encouraged to use Framework Agreements where they exist. This is when an organisation has completed a tender process doing the financial and technical appraisals on suppliers and agreeing the terms, conditions and pricing structure of delivering specific goods, services or outcomes. At the outset the tenderers will have an indication of the potential value of the agreement and the organisations that may choose to use it. They can be national, regional or sub-regional and organisations will need to check these first before carrying out an individual procurement process. Frameworks are sometimes described or known as approved or accredited suppliers’ lists. 

The council participates in various frameworks which we use for goods or services, including; Yorkshire Purchasing Organisation (YPO) for Utilities and Government Procurement Service/YPO for a range of other services. Where we use frameworks for procuring goods, works or services, there is no requirement to advertise this via our E-Procurement portal. Please contact our procurement department for details of other frameworks we are part of. 

Frameworks we procure 

Frameworks are used for Cumberland Council for certain contracts. Suppliers that wish to be included on a framework will only be considered when the framework is advertised for renewal. Those wishing to apply to be placed on a particular framework should respond to the advertisement which will state the requirements and request expressions of interest.  Cumberland framework opportunities will be published on The Chest.

Data protection and General Data Protection Regulation (GDPR)

New UK procurement rules and regulations

New rules and regulations from the UK Government are due to be published in October 2024.  Any changes to these rules and regulations will be reflected within this guidance after publication.

The Procurement Act short guide

Find current tendering opportunities

Top tips for submitting your bid