Source · Select Committees · Public Accounts Committee
Recommendation 11
11
Three companies bid to be the framework supplier.
Conclusion
Three companies bid to be the framework supplier. One was discarded on failure to meet minimum quality grounds, leaving Citibank and Taulia. CCS’s commercial finance accountant’s evaluation of Taulia’s Dun & Bradstreet score and a review of its accounts required it to nominate a financial guarantor. Taulia nominated Greensill Capital, which was identified as Taulia’s key subcontractor in its bid. CCS’s assessors initially excluded Taulia from the bidding in January 2018 in line with the published evaluation criteria, as they were concerned about what Taulia said in its bid response about its ability to grow the number of businesses involved in the scheme. Taulia, and Greensill Capital in its role as an identified key subcontractor, protested to CCS. Following a review, and having sought legal advice, CCS asked both bidders to clarify their responses and appointed a new assessment panel, which reinstated Taulia in the competition.12
Government Response
Acknowledged
HM Government
Acknowledged
2: PAC conclusion: Crown Commercial Service (CCS) failed to sufficiently manage and consider conflicts of interest for the appointment of contractors. 2: PAC recommendation: The Department and CCS should formalise the process for considering conflicts of interest, to ensure that actual and perceived conflicts of interest are managed appropriately. 2.1 The government agrees with the Committee’s recommendation. Recommendation implemented 2.2 In 2020, the National Audit Office and the Boardman Review recommended that additional, practical guidance be made available for all in-scope organisations regarding the management of conflicts of interest in commercial environments. As a result, on 20 May 2021, the Cabinet Office published Procurement Policy Notice (PPN) 04/2021 covering the issue of conflicts of interest in awarding contracts and interpretation of the relevant exclusion provisions where contractors commit certain breaches. 2.3 The Crown Commercial Service (CCS) ensures that their framework procurement process considers conflicts of interest and has recently carried out checks to ensure that each stage of it fully complies with PPN 04/2021; this includes updating the templates it uses as part of the framework procurement evaluation process. This is to ensure contemporaneous confirmation is explicitly sought and captured that CCS teams and other interested parties in the procurement have considered and declared any perceived or actual conflicts of interest. 2.4 The Department of Health and Social Care (the department) has completed its implementation of the PPN 04/2021. It has introduced a clear process to ensure that conflicts of interest are considered at appropriate stages of the procurement lifecycle, which includes a review of the declaration forms in line with the PPN. 2.5 As part of the annual contract management assurance process for 2022-23, the department will ensure that all of its contract managers (officials) routinely complete a conflicts of interest declaration during their involvement in managing contracts. All contractors working for the department are required to complete the conflicts of interest form.