2. What is the aim, objective or purpose of the policy, procedure, service or function?

Transcription

1 Equalities Impact Assessment (EIA) Purchasing Services Purchasing Processes A.Policy/practice details 1. Title of Policy/Practice University of Bath Purchasing Processes 2. What is the aim, objective or purpose of the policy, procedure, service or function? The purpose of University of Bath Purchasing Processes are to ensure that all goods and services are purchased in a cost effective (Value for Money) and legally compliant manner. 3. Who are the main stakeholders? Staff, students and suppliers 4. Aspects of the processes that particularly impact on equality and diversity Students None Staff Purchasing processes are structured such that procurement decisions made ensure that the University of Bath is not disadvantaged and that staff may be sure that the reputation of the University is assured. Suppliers EU procurement regulation and specifically the Treaty of Rome which is the foundation of the regulation require that all Public Sector contracting authorities (purchasers) apply the principles of Non Discrimination, Equal treatment, Transparency, Mutual Recognition and Proportionality. University processes were therefore designed based on these principles, i.e. all purchases are made following a completely open process, with contracts awarded purely on merit and achievement of Value for Money. Purchasing Services currently requests new suppliers to indicate only whether they are a Small, Medium or Large enterprise. Suppliers are increasingly being encouraged to respond to performance based specifications which present the requirement to the supplier and ask them to fulfil it Therefore, the onus is not on the part of the University to specify every detail of the requirement, rather the supplier is required to use their expertise to supply goods and services which encompass all aspects of current legislation. 1

2 B. Analysis 5. Data used N/A 6. Assessment of adverse impact Purchasing Services use Business Information Publications Delta E-sourcing software to tender all of the University s purchasing requirements. Adverts for all supply opportunities are published openly both in the EU and on Supply2Gov/Contract Finder as appropriate. All processes and documents used have been produced in accordance with the applicable EU procurement directives, which require procurement to be conducted according to the principles of the Treaty of Rome ; Equality, Non Discrimination, Transparency and Proportionality. These principles, resultant policies and guidance from UK Government apply to all Public Sector Contracting Authorities, of which the University is one. For tender exercises conducted by Purchasing Services a Pre Qualification Questionnaire (PQQ) is completed by each potential tenderer using the Delta website. PQQ questions are designed to ensure that a company applies the correct standards and ethics to its dealings with the University as a contracting authority. This includes the requirement to provide details designed to elicit the suitability of a potential supplier to conduct business with the University. It includes many different aspects such as Health and Safety policy. The text of standard questions included in the Delta PQQ is as follows: How does your company ensure it does not directly, or indirectly, discriminate on the grounds of colour, race, nationality, religion, disability, sex, age or sexual orientation? Has any finding of unlawful racial discrimination been made against your organisation in the last three years? If you have answered yes, please summarise here and add full details in the textbox provided. Has your organisation been the subject of a formal investigation because of alleged unlawful discrimination in the last three years? If you have answered yes, please summarise here and add full details in the textbox provided If you answered yes to either of the previous two questions, what remedial actions have you taken because of that finding? What does your organisation do to ensure that equality and diversity are embedded within your organisation? Instructions to your employees concerned with recruitment, training and promotion? Making guidance or policy documents concerning how the organisation embeds equality and diversity available to employees, recognised trade unions or other representative groups of employees? Appropriate recruitment advertisements or other literature? 2

3 If we asked, could you provide relevant examples of the instructions, documents, recruitment advertisements or other literature? Companies who do not have suitable policies are rejected at this stage, whilst those that can demonstrate not only awareness but application are scored more highly, to encourage appropriate behaviour. Feedback is given to those rejected and appropriate support given to enable them to improve in the areas in which they are failing. During a tender process the ethnicity, gender, disability or any of the other protected characteristics of a potential supplier would not be known to the Contracts Manager and/or Tender evaluation team until such time as the tenderer is asked to make a presentation as part of the tender process. The tender evaluation is conducted solely on an EU compliant, Value for Money basis to ensure equality of opportunity as is required by the Treaty of Rome. Regarding third party harassment, the following text is also included in documents which are added to Estates contracts and issued to and agreed by all Contractors prior to working on site: Estates Department Code of Safe Working Practice. 4.5 Dignity and Respect for Students & Staff of the University of Bath The University of Bath aims to provide a working and learning environment which will be stimulating and supportive and free of harassment and bullying, by any person whether University employee/member or an external third party. All employees and students have a right to be treated with dignity and respect. The University is determined to eradicate any such behaviour and any incidents will be regarded extremely seriously and may be grounds for the expulsion of a third party off the University campus. Formal action will always be taken if an employee complains of harassment by a third party on two separate occasions. C. Mitigating adverse impact 7. Proposed method to reduce or eliminate adverse impact University of Bath Purchasing Services use an agreed HE Purchasing relevancy matrix (Appendix 1) to ensure that where there is a significant (High, Medium) E&D impact appropriate tenders and contractual clauses are used. 8. Areas of Equality Relevance: This is based on the HEFCE Purchasing Relevancy Matrix which is used as a basis for our practice. This can be found on the website. 9. Conclusions and recommendations for amendments to the processes All members of Purchasing Services staff to undertake online training provided by the University of Bath Equality and Diversity Unit by 31 st.march, NB. Training already completed by Deputy Head of Purchasing Services. 3

4 Since January 2011 the Purchasing Services team has been using the recently upgraded Delta v.4 E-Tendering software which now includes a revised suite of questions in the PQQ. These questions were previously only available to add to an Invitation to Tender further on in the tendering process, thus fewer suppliers were asked to give responses regarding Equality and Diversity. Such questions are now asked within the PQQ at the start of the tendering process and therefore every company expressing an interest in the requirement will be aware of the standards expected by the University and must respond appropriately in order to be selected to progress to the next stage of the tendering process. The software also allows a more flexible use of the PQQ to include appropriately higher weightings to be placed against aspects of a tender where the Purchasing relevancy matrix (see Appendix 1) indicates a significant Equality and Diversity impact. All contract clauses found in Terms and Conditions used by the University of Bath to be revised to reflect the new legislation. The following clauses have been revised: University of Bath Contract for Services Original Wording 16 Racial and Sex Discrimination The contractor shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 and the Sex Discrimination Acts 1975 and 1986 and shall take all reasonable steps to ensure that all servants, employees or agents of the contractor and all subcontractors employed in the execution of the contract do not unlawfully discriminate. 16 Equality and Diversity The contractor shall not unlawfully discriminate within the meaning and scope of the provisions of the Equality Act 2010 and shall take all reasonable steps to ensure that all servants, employees or agents of the contractor and all sub-contractors employed in the execution of the contract do not unlawfully discriminate. Old Wording 18 Equality and Diversity 18.2 The Consultant shall not unlawfully discriminate either directly or indirectly on such grounds as race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and without prejudice to the generality of the foregoing the Consultant shall not unlawfully discriminate within the meaning and scope of the Sex Discrimination Act 1975, the Equal Pay Acts 1970 and 1983, the Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000, the Disability Discrimination Act 2005, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Religion or Belief) Regulations 2003, the Human Rights Act 1998 or other relevant legislation, or any statutory modification or re-enactment thereof and shall take all reasonable steps to secure the observance of this Clause 18 by all servants, employees or agents of the Consultant and all suppliers and sub-contractors employed in the execution of the Agreement. 4

5 18.2 The Consultant shall not unlawfully discriminate either directly or indirectly on such grounds as race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and without prejudice to the generality of the foregoing the Consultant shall not unlawfully discriminate within the meaning and scope of the provisions of the Equality Act 2010, the Human Rights Act 1998 or other relevant legislation, or any statutory modification or re-enactment thereof and shall take all reasonable steps to secure the observance of this Clause 18 by all servants, employees or agents of the Consultant and all suppliers and sub-contractors employed in the execution of the Agreement. GC Works 5 Terms and Conditions of Contract (as used for Estates Department contracts) Old Wording 1.18 Discrimination (1) The Consultant shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 or the Sex Discrimination Act 1975 and (2) The Consultant shall take all reasonable steps to ensure the observance of the provisions of Condition 1.18 (1) by all the Consultant s employees, agents and Sub-Consultants Discrimination (1) The Consultant shall not unlawfully discriminate within the meaning and scope of the provisions of the Equality Act (2) The Consultant shall take all reasonable steps to ensure the observance of the provisions of Condition 1.18 (1) by all the Consultant s employees, agents and Sub-Consultants. Should any further guidance be issued by the EU or HEFCE, Purchasing Services will comply as appropriate. 10. Timescale for implementation: In accordance with guidance from the EU / HEFCE D. Publication 11. Final reporter: Mrs. Jo Andrews 12. Date: 1 st.march Next review date: September