Selling to the CPS

A Guide to Suppliers

Section 1: What this leaflet is about?

The Crown Prosecution Service is issuing this booklet to help businesses interested in supplying us for the first time or expanding existing business with us. We buy a wide range of goods and services each year and are keen to ensure value for money and that we work in effective partnerships with our suppliers.

The leaflet:

• Gives a brief description of the procurement organisation within The Crown Prosecution Service;
• Explains the role of the Departmental Procurement Unit (DPU);
• Lists some of the range of goods and services we purchase;
• Explains who to contact for further information;
• Outlines the typical procurement cycle;
• Sets out a checklist of good practice;
• Advises you on what you can expect from us and what we shall expect from you in return;
• Gives information on our sustainable procurement, diversity and equality and prompt payment policies, as well as our strategy on the employment of consultants.

Section 2: Crown Prosecution Service: Our Business

The Crown Prosecution Service (CPS) was set up in 1986 as a national prosecution service to take over the conduct of prosecutions instituted by the police in England and Wales (Prosecution of Offences Act 1985). It employs approximately 7,000 staff, including more than 2,000 lawyers. Each year it deals with more than 1.3 million cases in magistrates’ courts and 120,000 in the Crown Court.

The role of The CPS is to prosecute criminal cases fairly and effectively by:

• Advising the police on cases for possible prosecution;
• Reviewing cases submitted by the police;
• Preparing cases for the magistrates’ courts and the Crown Court;
• Presenting cases at court and instructing private sector advocates where appropriate; and
• Working with others to improve the effectiveness and efficiency of the CJS.

The CPS’ overall aim, which reflects its pivotal position in the criminal justice system, and its role as an independent prosecuting authority, is:

• To contribute to the reduction both of crime and the fear of crime and to increase public confidence in the criminal justice system by fair and independent review of cases and by firm, fair, and effective prosecution at court.

Its objectives are:

• To deal with prosecution cases in a timely and efficient manner in partnership with other agencies;
• To ensure that the charges proceeded with are appropriate to the evidence and to the seriousness of the offending by the consistent, fair and independent review of cases in accordance with The Code for Crown Prosecutors;
• To enable the courts to reach just decisions by fairly, thoroughly and firmly presenting prosecution cases; rigorously testing defence cases and scrupulously complying with the duties of disclosure;
• To meet the needs of victims and witnesses in the criminal justice system, in co-operation with other criminal justice agencies.
  

How is The Crown Prosecution Service organised?

The CPS operates 42 areas across England and Wales, each headed by a Chief Crown Prosecutor, and each receiving its administrative support from one of 10 regional service centres. CPS Headquarters operates across five sites. These are based in London (three sites), York and Birmingham.

A map showing the organisation of The CPS is given on the back page of this booklet.

How is our purchasing organised?

The DPU

• Our Departmental Procurement Unit (DPU) is a Headquarters unit with three main responsibilities:
• Undertaking major procurement projects and letting national call-off contracts;
• Developing Departmental procurement policy; and
• Providing support and advice to our managers and procurement staff. The principal objectives are to ensure that:
• Best procurement practice is followed throughout The Crown Prosecution Service;
• Value for money is obtained; and
• All relevant legal requirements are met.

The unit is staffed by a team of qualified procurement professionals.

Local purchasers

Delegation of budgets has given local managers responsibility to purchase most of their own goods and services. Locally, purchasers will draw from DPU arranged contracts, with miscellaneous general items being purchased from local or regional suppliers.

To identify and meet local needs, each Service Centre and Headquarters Office has a designated Local Procurement Officer (LPO).

Network

The Department has formed a Procurement Advisory Group (PAG) in order to network and exchange information and views across the Department with the common aim to obtain best value for money in all the Department’s procurement activities.

As a potential or continuing supplier to The CPS you may be asked to attend one of the regular PAG meetings to discuss and/or demonstrate products and services that may be of interest.

Section 3: What do we purchase?

The Crown Prosecution Service predominately purchases a wide range of services. These include:

• Office cleaning;
• Catering;
• Security;
• Reprographics;
• Facilities management;
• Travel services (including car hire, hotels, air and rail travel);
• Management consultancy;
• Legal services;
• Training and development
• Estate management services

We also purchase supplies. These include:

• Stationery and consumables;
• Printing;
• Furniture and furnishings;
• Office machines;
• Videos and recording equipment.

IT supplies and services

CPS entered into a 10-year PFI (Private Finance Initiative) Contract, known as Compass, with Logica UK Limited on 31 December 2001.

Logica are now responsible for the provision of IT services, including the implementation of a programme of service improvements and the development of IT solutions to meet CPS business requirements.

Section 4: How do we select suppliers?

Choosing the most suitable supplier is one of the more important decisions of any contract and key to the achievement of value for money.

The selection process leading to the appointment of suppliers involves three main stages; pre-tender, where we identify potential suppliers, invitation, where we ask for quotation or issue tender documents, and evaluation and award where we go through the selection process and award the contract.

Pre-tender

How do we find suppliers?

We use a wide range of sources to identify potential suppliers such as:

• Reputation;
• Visits;
• Suppliers’ catalogues;
• Trade information
• Yellow Pages
• Representatives/sales staff;
• Trade exhibitions;
• Advertising in local, national or trade press;
• Internet.

For contracts that exceed the EC value threshold we will also seek interest by advertising in the Supplement to the Official Journal of the European Community. (Further details about EC tenders, including the current monetary thresholds for tendering, is available on the Office of Government Commerce website: www.ogc.gov.uk)

The result of each sourcing exercise is a list of suppliers to invite to quote or tender.

Invitation

In making a purchase we use three main methods:

• Oral quotations;
• Written quotation;
• Invitation to tender In selecting a method, the main criterion is the likely value of a contract.

Quotations

When selecting suppliers by inviting oral or written quotations we try to be as explicit about our needs, including quality, delivery and packaging. When inviting written quotation we will send a specification, and a copy of the appropriate Crown Prosecution Service standard conditions of contract.

Tendering

Tendering is a more formal process than obtaining quotation. We try to provide clear Invitation to Tender packages with sufficient information to enable suppliers to respond to the bid.

The Invitation to Tender package includes instructions to tenderers, a specification including questionnaire(s), standard and/or special terms and conditions of contract, and a return label.

We allow sufficient time for the return of tender proposals with a minimum period of 40 days for tenders advertised in accordance with the EC Procurement Rules.

In return we need the following information from prospective suppliers:

• Acknowledgment that the invitation has been received;
• A clearly written proposal that meets the requirement, provides references, specifies deliverables, and the basis of costs or fees;
• Disclosure of any conflict of interest, which may influence the proposed contract.

Evaluation

The object of the evaluation process is to identify the tender or tenders which provide the overall value for money for the particular purchase. Our tender evaluation is strictly controlled and conducted objectively and impartially.Evaluation and subsequent discussions with suppliers will generally identify a winning tender. Occasionally evaluation will not separate tenders and in these circumstances shortlisted bidders may be asked to provide samples or demonstrate their products or services. It may also be necessary for a visit to be arranged to the shortlisted suppliers’ premises. We will also follow up any references that may have been requested.

Award

Once a decision has been reached following evaluation of written quotations or tenders, the successful and unsuccessful supplier(s) will be informed in writing without delay. Within the boundaries of commercial confidentially we will provide, on request, feedback to successful and unsuccessful tenderers.

Terms and Conditions

The Crown Prosecution Service seeks to conduct business on its own conditions of contract. There are several sets of standard terms and conditions in use, covering various categories of goods, general services and consultancy services. The relevant set is always included in the Invitation to Tender package. Copies are also available upon request from the DPU.

Consultants

The Crown Prosecution Service has separate rules regarding the selection of consultants. Notes on selection of consultants can be found at Section 9 of this booklet.

Section 5: Supplier relationship

The Crown Prosecution Service aims to maintain an open and collaborative relationship with suppliers and potential suppliers. To do this we will endeavour to practise the highest standards of honesty, integrity, impartiality and objectivity. In all, we seek to be fair, efficient and courteous.

In return we will expect you to observe similar standards of integrity, professionalism, cooperation, courtesy, competence and efficiency.

We expect you to apply high ethical standards in your dealings with us. In addition, we will expect that the goods and services you supply conform to our requirements and we expect you to deliver the right quality, the right quantity, at the right time, to the right place and to the agreed price.

Our policies are as follows:

Payment Policy

The CBI has issued a prompt payment code which is widely recognised in the commercial world. The Crown Prosecution Service has adopted the principles of that code and those principles are complied with by our purchasing and accounting staff.

We are committed to pay suppliers in accordance with the terms of their contract with us. If no specific terms are agreed then we will pay 30 days from receipt of a valid invoice or from receipt of the goods/services (whichever is the later).

In order to meet our contractual obligation, it is important that your invoice provides the details required for us to match it to the original order/contract.

In particular, it is essential that you quote:

• Costs;
• Delivery charges;
• VAT; and
• Any Purchase Order or Contract reference provided by us at the time the order or Contract is being placed.

If some of this information is missing, it can delay our payment to you.

The Crown Prosecution Service Complaints Policy

We aim to deal with complaints sensitively, fairly and in confidence. If your complaint is justified, we will apologise, try to put the matter right and take steps to ensure it does not happen again.

We will try to reply to your complaint within three working days. If we can’t send you a full reply within that time, we will acknowledge receipt of your letter and aim to send a full reply within 10 working days.

Complaints should be sent to the following address:

CPS Correspondence Unit 50 Ludgate Hill London EC4M 7EX Tel: 020 7796 8500 — calls may be recorded e-mail: complaints@cps.gsi.gov.uk

Section 6: Who should I approach?

If you would like to be given the opportunity to supply The Crown Prosecution Service, or if you require further information on any aspect of our purchasing policy or procedures, then your first approach should be for you to make initial contact with the DPU. Contact details are given below:

Departmental Procurement Unit 50 Ludgate Hill London EC4M 7EX Tel: 020 7796 8404/8174 Fax: 020 7796 8463 e-mail: procurement@cps.gsi.gov.uk

What can I expect?

We will endeavour to deal with your enquiry in a fair and constructive manner, but we can offer no guarantees that your initial approach will result in your company being selected to supply us.

We do not maintain an “approved list” of suppliers but do maintain a list of potential suppliers for the future. If we anticipate a future need we will add your company’s details to this list.

Section 7: Sustainable procurement

The Crown Prosecution Service is committed to promoting the conservation and improvement of the environment.

Our policy on Sustainable Procurement is:

• To comply with environmental legislation and regulatory requirements;
• To promote environmental awareness amongst suppliers and contractors;
• To buy less environmentally damaging products and services;
• To consider environmental factors when making procurement decisions; and
• To develop awareness of environmental issues within the Department.

Where appropriate, goods and services specifications will include environmental criteria but will be purchased in the normal way through competitive tender and seeking best value for money.

The Department will:

• Research and follow guidance relating to the environment;
• Include environmental conditions or criteria in specification and tender documents where relevant;
• Evaluate specifications and tenders with appropriate weight given to environmental points; and
• Encourage suppliers and contractors to support our initiative by taking their own action.

Where environmental conditions are specified, evaluation will normally take into account:

• Regulatory compliance;
• Environmental effects and performance measures;
• Existing environmental management procedures; and
• Commitment to management and process improvement.

Section 8: Diversity and equality

The CPS values everybody’s contribution and believes that The CPS’ success and its future depends on the quality of service that we provide and on gaining the trust of the community we serve. We value the support from our suppliers of goods and services, and see their commitment to this objective playing an important part in helping us to achieve our goal. If everyone is to feel valued and we are to help individuals give their best, our goal must be to create and sustain a working environment that is fair to all and free from discrimination, harassment, victimisation and bullying.

Through commitment, action and review, we want to ensure that we have the opportunity to benefit from employment, training and development appropriate to our abilities and regardless of our sex, colour, race, religion, ethnic or national origin, disability, age, marital status, working pattern, political persuasion, sexual orientation or gender reassignment. In our approach to contracting with suppliers for the provision of goods and services we look to build business relationships with those suppliers who support and apply similar principles within their own businesses. This will form part of our overall evaluation criteria when selecting suppliers to provide goods and services to our organisation.

A CPS which is diverse and representative of the local community, and where people value each other, will help us to improve the service we provide to all those who come into contact with us.

Section 9: Consultants

Introduction

The Crown Prosecution Service approves a wide variety of consultancy projects each year. With such expenditure the Department is keen to ensure that it receives full value for money, and that consultants and The Crown Prosecution Service staff work together effectively.

This section therefore outlines the key elements of the Department’s policy towards the use of consultants and is a checklist of good practice. This section was produced in consultation with the Office of Government Commerce, Institute of Management Consultants and the Management Consultancies Association.

Selection Process

The selection process leading to the appointment of consultants involves the same three main stages as other purchases, namely: pre-tender, invitation, evaluation/award. The initial decision to employ consultants will follow the approval of a carefully thought-out project brief. Following this decision we will follow the selection procedure outlined in Section 4 to this leaflet. In addition, we expect that consultants will only accept those projects where they are suitably qualified and able to carry them out.

Project Delivery

Once appointment has been confirmed the project stage will commence and be followed by a post implementation review.

• During the project stage we will:
• Appoint a senior member of staff with knowledge of the area concerned as project manager for the duration of the project, unless overriding reasons make this undesirable or impossible;
• Have early discussions to promote understanding of the requirement, and brief consultants concerning expected problems and concerns;
• Introduce consultants to the organisation and provide access to the people they need to see;
• Where appropriate, provide access to suitable accommodation facilities;
• Enable consultants travelling on official business to use CPS negotiated travel contracts;
• Ensure access to relevant systems, documentation and information;
• Set up steering arrangements when needed;
• Review progress at agreed stages by comparing quality of inputs and tasks performed against agreed standards; and
• Confirm that consultants have been discharged of responsibility before final payment.

We will expect:

That unless specific permission to the contrary is agreed, all information obtained during a project will be treated as confidential;
At all times, a high professional standard of work, and where specified, the provision of the same consultant(s) through all stages of the project;

• Effective communication with the project manager;
• Consultants to be responsive and objective at all times;
• Adoption of The Crown Prosecution Service personnel policies, office practices and Health and Safety Regulations;
• Practical and cost effective recommendations resulting from interim, emerging and final reports, supported, if required, by presentation;
• Subject to agreement, an appropriate action plan to implement the results to include timing, sequencing, and anticipated cost of implementation; and
• In the event of Terms of Reference not being fully discharged, we would expect remedial work to be carried out at no extra cost to the Department.
  

CPS organisation and structure

Information about the organisation and structure of The CPS can be found at the website www.cps.gov.uk