East Durham College - Approved Supplier Procedure

PROCEDURE TITLE: Approved Supplier Procedure
DOCUMENT NUMBER: 9.1.7
PROCEDURE GROUP: Commissioning
AUTHOR / REVISOR / OWNER: Vice Principal Curriculum and Partnerships
 

This procedure applies to all organisations seeking to deliver provision on behalf of East Durham College using DfE or devolved authority funding. 

It covers: 

• Entry to the Approved Supplier List 

• Procurement and selection processes 

• Due diligence and risk assessment 

• Approval and contract award 

It applies to all subcontracting activity, regardless of funding stream or contract value, and must be followed before any subcontracted delivery commences.

The College will only subcontract where it delivers a clear strategic, educational and value-for-money benefit. 

This procedure sets out how East Durham College identifies, assesses and approves organisations to deliver education and training on its behalf through subcontracting arrangements. 

It ensures that all potential subcontractors are selected through a fair, transparent and proportionate process, in line with: 

• Public procurement requirements 

• DfE and devolved authority funding rules

• The College’s responsibility to ensure proper use of public funds  

The procedure acts as the gateway control for subcontracting and confirms that only organisations which demonstrate sufficient: 

• Quality 

• Financial Stability 

• Compliance • Capacity 

• Strategic alignment 

Are approved to join the approved supplier list. 

In line with the College’s strategic priorities, subcontracted provision must: 

• Respond to employer demand and regional skills needs 

• Support wider participation and progression into higher education or employment 

• Align to key sector priorities and local economic plans 

This procedure should be read alongside the Supply Chain Fees and Charges (Subcontracting) Policy (9.1.8), which sets out the basis of management fees, support provided by the College, and payment arrangements once a subcontract is in place.

1. Any organisations wishing to work in partnership with EDC must be signposted to Jackie Lanagan – Vice Principal Curriculum and Partnerships. 

2. In line with Public Contracts legislation 2015, procurement activity will be proportionate to the value, risk and nature of the subcontract. All decisions will be supported by documented evaluation criteria, scoring and moderation processes, with conflicts of interest actively managed and recorded. The College will ensure that all subcontracting arrangements demonstrate clear value for money.

3. Applications will be considered within a defined submission window each academic year and at such times when EDC is actively procuring contracts for services

The following aspects are covered within the Application to Join the Approved Supplier List: 

▪ The College requires the full name, UKPRN, and postcode of the legal entity, delivering the subcontract, the names of all Directors of the Company, and a declaration regarding conflicts of interest. East Durham College will require a Statement of Additionality to confirm that without this funding the courses could not run. 

▪ Potential subcontractors are to supply the College with background information on the organisation, including organisation chart, programmes offered with evidence of accreditation for the relevant qualifications, and most recent external verifiers report and assurance that learners will be recruited and delivered to the local area. 9.1.7 Approved Supplier Procedure 3 

▪ Subcontractors are required to provide the college with the names, DBS numbers, dates and CVs of all staff involved in the delivery of the contract.

▪ The College will require evidence of sound financial health in the form of the last three years audited accounts and a financial credit check that shows organisations have an above-average rating. Please note than an unsatisfactory credit rating can lead to mandatory exclusion. 

▪ The College will require a copy of the Certificate of Employers’ Liability Insurance and any other Insurance Policies where training will be taking place on their premises under this subcontract. 

▪ East Durham College will require a copy of numerous procedures and policies including safeguarding (inc. Prevent), Equity and Diversity, Data Protection (inc. GDPR), and Sustainability. 

▪ The College will require a copy of the Health and Safety Policy and evidence of adequate Health and Safety procedures in place within the training organisations and the employer's premises if they are to be used under the subcontract. This will be confirmed during the monitoring visits. 

▪ The College will require a declaration of all reportable injuries, diseases, and dangerous occurrences covered by RIDDOR over the last 3 years. 

▪ The College requires knowledge of all other contracts held with DfE or devolved authorities of the same.

▪ The College also requests details of any terminated contracts and the reasons for termination. 

▪ The College requires evidence of compliance with legislation on employment including the use of volunteers. 

▪ The College requires evidence of compliance with legislation on immigration and compliance with the Modern Slavery Act. 

▪ The College requires evidence of compliance with data protection legislation and data collection processes and keeping of records.

4. All completed applications are to be sent to Jackie Lanagan for consideration. Scores for each section of the application will be completed and will be aggregated to determine whether an application is to progress to approval. All applications are rated in terms of risk and any application rated ‘Red’ will not be put forward for further scrutiny. The College Leadership Group will make the final decision as to whether an organisation is added to the Approved Supplier List. The Board of Governors and Accounting Officer will ensure that the final list of subcontractors will enable the College to meet its strategic aims. They will also ensure that subcontractors are of high quality and low risk.

5. We will comply with current and relevant procurement regulations; this means we will comply with the Public Contracts Regulations 2015 (“the 2015 Regulations”). We will select our subcontractor(s) fairly, transparently, and without discrimination and ensure that potential subcontractors have sufficient capacity, quality, and business standing to deliver the provision that is being subcontracted and will retain records of this.

6. All potential subcontractors will receive feedback on their application.

7. Approval is granted for a period of up to one year. This may be longer in relation to Apprenticeships; however, all contracts will be renewed each academic year.

8. Inclusion to the Approved Supplier List does not guarantee subcontract work. In some cases where there are a number of approved suppliers, it may be necessary to complete a mini competition with Approved Suppliers.

    

9. Following successful tendering/ contract negotiations, business contracts will be drawn up. Until these documents are signed by both parties, no training can commence

10. An online file will be set up for each subcontractor, which will contain all supporting documents used in the application process as well as specific details regarding the delivery of the contract e.g. quality monitoring reports, contract monitoring reports, etc. and subcontractors must: 

    • Retain evidence for the required period 

    • Permit EDC, funders and auditors access to records, sites, staff and learner evidence

11. Subcontractors will not automatically be invited to reapply for the Approved Supplier List for the forthcoming academic year

12. Applications will normally be considered within a defined submission window, usually summer each academic year

     

13. Subcontractors may be awarded contracts at other points within the academic year.

Termination of a Contract or Failure of a Sub-contractor 

14. As stated in the contract, the College may terminate a contract at any point and for any reason, including if areas of concern identified by our quality processes are not rectified to our satisfaction or funding is removed by a funder. A contract will also be deemed as terminated if a subcontractor ceases to trade for whatever reason. The subcontractor contact, as named in the contract, would be informed verbally by the Vice Principal Curriculum and Performance, followed by an email the same day. If a subcontractor is aware that they are unable to complete a contract for any reason, they must also inform the Vice Principal as soon as possible so that arrangements can be made for the continuation of provision.

If either of these situations arises the following process will take place led by the Contract Manager as stated in the Contract Management Plan:

14i The college would immediately take responsibility for the delivery of programmes by its staff. As the college subcontracts in similar subject areas in which it already has a level of expertise, and in geographical areas close to our main campuses, this would enable us to commence teaching at short notice. The venue for the teaching and the staff used would depend upon the reason for the contract termination and the time of year. Under the guidance of the contract manager, the Curriculum Director responsible for the subject area would take responsibility for arranging cover, rooming, and 9.1.7 Approved Supplier Procedure 5 resources and would aim to have an interim arrangement in place in no longer than five working days.

14ii The Vice Principal Curriculum and Performance would inform the relevant funder within two working days of the decision being made and a letter of termination copied to the subcontractor. In the same timescale, a letter would also be sent to each learner on the programme and, in the case of apprenticeships, to employers, stating interim arrangements and giving key contact details for queries. The college already holds this information as learners are enrolled in our MIS system.

14iii Where learners are registered with the awarding organisation through a subcontractor, the Curriculum Director would make contact with the relevant organisation to start the process of transfer where appropriate

14iv All payments to the subcontractor would cease immediately.

14v Once arrangements for learners were in place to continue provision, a meeting would be held with the subcontractor, within 15 working days of the original decision, to consider the future relationship.

14vi Within 10 working days following this meeting, the subcontractor will have the right to appeal the decision and should do so in writing to the Principal.

Approved Supplier Pack – Post Approval 

Pre-Contract Information Sheet 

Supply chain fees and charges policy 

Contract Management Plan 

North East Mayoral Strategic Authority ASF Funding & Performance Management Rules 26/27

This document is issued and controlled by Quality & Standards and may only be modified by the designated group after proposed modifications have been accepted by the College Management Group. The latest version of the policy will be maintained on the College Extranet.

Please feedback to Quality & Standards any constructive suggestions on how any aspect of the policy may be clarified or improved.