Appendix 4
Terms of Reference
Procurement Committee
Version:
0.4
Committee Approved by:
NHS Calderdale, Kirklees and Wakefield District Cluster Board
Cluster Board Date Approved:
27 September 2012 (Version 0.4)
Responsible Director:
Director of Finance & Efficiency
Date issued:
tbc
Version Control Sheet
Document Title: Procurement Committee Terms of Reference Current Status: The table below logs the history of the steps in development of the document.
Ver sio n
Date
Author
Status
Comment
0.1
26 July 2012
Andrea McCourt Head of Corporate Governance
Draft
First draft
0.2
3 August
“
Draft
Incorporate Comments from Director of Finance
0.3
7 August
“
Draft
Incorporate comments from discussions with Director of Corporate Development and Transition and Director of Commissioning
0.4
6 September
Director of Corporate Development and Transition
Draft
Incorporate comments from meeting with Non-Executive Directors
“ “
Performance Indicators Minutes reported to Cluster Board meetings
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PROCUREMENT COMMITTEE Terms of Reference 1
Introduction This Committee shall exercise the executive powers of the Board of the NHS Calderdale, Kirklees and Wakefield District Cluster Board in respect of tendering and contracting in line with Section 17 of Standing Financial Instructions, particularly Section 17.14 tendering and procurement. Constitution The NHS Calderdale, Kirklees, Wakefield District Cluster Board (CKW Cluster Board) hereby resolves to establish a committee of the Board to be known as the Procurement Committee (the Committee). The Committee is a nonexecutive committee of the CKW Cluster Board and has no executive powers, other than those specifically delegated in these terms of reference.
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Membership The membership of the Procurement Committee is as follows; • • • •
PCT Chair / Non Executive Director 1 Non Executive Director from the Cluster* Director of Finance and Efficiency 1 Director / Executive Director from list below: Chief Executive Director of Commissioning Medical Director Director of Quality (Executive Nurse) Directors of Public Health Director of Performance Director of Corporate Development and Transition Director of Workforce and Corporate Development *The Non Executive Director for each Committee meeting will be chosen from the pool of Non Executive Directors available.
The Head of Corporate Governance will also attend meetings and ensure the final decision of this Committee is communicated to the appropriate Designate Chief Officer. The Senior Responsible Officer (SRO) for the procurement / business case being discussed by the Committee shall be required to attend and present the 3
proposal. The presenting SRO cannot be a member of the Committee making decisions relating to procurement. For procurement issues that are presented to the Procurement Committee, the respective Clinical Commissioning Executive Committee of the Clinical Commissioning Groups should have approved all decisions prior to submitting to the Procurement Committee for a final decision. The Head of Corporate Governance will also attend meetings. A list of members is attached at Appendix 1. 2.1
Appointments Appointments to the Procurement Committee will be approved by the CKW Cluster Board.
2.2
Chairmanship The Chair of the Committee will be a Cluster Non Executive Director and be appointed by the CKW Board.
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Arrangements for the Conduct of Business The Chair together with the Director of Finance and Efficiency will be responsible for setting the agenda in consultation with other Committee members. The agenda minutes and papers will be circulated at least five working days prior to the meeting, other than in exceptional circumstances.
3.1
Chairing the meetings The meeting will be chaired by the Cluster Chair as appointed in Section 2, in the event the Chair is not available a Cluster Non-Executive Director will be nominated by the Chair, to chair the meeting.
3.2
Quorum A quorum shall be three members of the Committee, with at least two NED present and one Director. If a member is unable to attend a meeting a nominated deputy should attend on their behalf.
3.3
Frequency of meetings Meetings of the Procurement Committee will be held as required.
3.4
Frequency of attendance by members As required and agreed.
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3.5
Declaration of Interests If any member has an interest, pecuniary or otherwise, in any matter and is present at the meeting at which the matter is under discussion, he/she will declare that interest as early as possible and shall not participate in the discussions. The Chair will have the power to request that member to withdraw until the Procurement Committee members’ consideration has been completed. All declarations of interest will be minuted.
3.6
Urgent matters arising between meetings The Chair of the Procurement Committee, another NED and one Director, in consultation, may also act on urgent matters arising between meetings of the Committee. If this is not possible, then any NED may act in consultation with two other members of the Committee but only in exceptional circumstances,
3.7
Secretariat support Secretariat support for the Procurement Committee will be provided. Duties will include: • • •
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sending out agendas and supporting papers to Committee members at least five working days before the meeting ensuring that minutes are taken keeping a record of matters arising and issues to be carried forward
Authority The Committee is authorised by the CKW Cluster Board to investigate any activity within its terms of reference. It is authorised to seek any information it requires from any employee and all employees are directed to co-operate with any request made by the Committee.
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Role and Duties 5.1 Role and Duties The over-arching purpose of the CKW Cluster Procurement Committee is to: •
consider recommendations for tender awards for up to £5 million, following consideration of the tender evaluation and recommendations regarding the tender award by the respective Clinical Commissioning Executive
•
make decisions regarding the award of the tender and authorise the award of a tender up to £5 million
•
report the decision regarding the tender award of the Procurement Committee to the relevant lead
•
report the decision of the award of tender to the next CKW Board meeting 5
•
to consider business cases on behalf of the Cluster Board in line with Standing Orders
•
ensure compliance with CKW Standing Orders and Standing Financial Instructions and legal obligations in respect of tendering and contract procedures The Procurement Committee’s role is a decision-making one only. The responsibility for the communication of the tender award decision remains with the member of staff who has the lead management responsibility for the tender process. However the Head of Corporate Governance will ensure all designate Chief Officers are informed of the decision of this Committee as soon as possible. The Procurement Committee does not have any remit for the consideration and approval of tender waivers.
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Relationships and Reporting
6.1
Reporting arrangements The minutes of the Procurement Committee will be formally recorded and minutes submitted to the Cluster Board which the Committee is accountable to.
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Liability of Members The Cluster Board shall provide an indemnity to any member of the Procurement Committee that if any such person acts honestly and in good faith such person will not have to meet out of personal resources any personal civil liability which is incurred in the execution or purported execution of the functions of the Procurement Committee, save where they have acted recklessly.
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Monitoring of Compliance Through receipt of the minutes, the Cluster Board will monitor the effectiveness of the Cluster Procurement Committee. A monitoring form will be used to record the frequency of attendance by members, quoracy and the frequency of meetings. Any areas of concern will be highlighted to the appropriate Director.
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Review of Terms of Reference Any amended Terms of Reference will be agreed by the Procurement Committee for recommendation to a subsequent meeting of the Cluster Board for its approval.
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Approved by: Calderdale, Kirklees and NHS Wakefield District Cluster Board Date: 27 September 2012 (tbc) Procurement Committee Date: TBC
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Appendix 1 Procurement Committee Membership Members:
Names
Cluster Chair / Non Executive Director
Angela Monaghan
Cluster Non Executive Director One from:
Chief Executive
Sandra Cheseldine Tony Gerrard Roger Grasby Mehboob Khan Ann Liston Keith Wright Roy Coldwell Mike Potts
Director of Finance and Efficiency
Ian Currell
Director
One from: Chief Executive Director of Commissioning Medical Director Director of Quality (Executive Nurse) Directors of Public Health Director of Performance Director of Corporate Development and Transition Director of Workforce and Corporate Development
The Senior Responsible Officer shall be invited to attend for discussions when the Committee is discussing tenders that are the responsibility of that officer.
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