CIAT believes public procurement opportunities should be open on an equal basis to all qualified professionals. This enables fair competition, improving value for money, and supports innovation. CIAT advocates for the following best practices in procurement and encourages all public bodies to adopt these principles.
Public procurement should:
Favour the use of functions and competence over specific titles
The Institute promotes terminology favouring functions and competence to be used instead of specific titles. The practice of using titles could potentially serve to confuse and restrict the pool of competent professionals with the skills required from tendering. As an example, use of the word 'Designer' should be encouraged to ensure all competent professionals are able to enter the procurement process and helps in preventing unfair competition or restrictive practices. Similarly, functional descriptions of outcomes should be preferred to specific models of delivery, labels or processes
Ensure the most efficient use of public funds
The Institute encourages procurement protocols to be developed by contracting bodies to make the most efficient use of public funds without compromise of quality or design. The most efficient use of public funds does not necessarily equate to the least expensive option. It should be achieved through the utilisation of innovative products, works and services to benefit and improve economic, environmental, and societal issues. The most efficient use of public funds should benefit both the contracting authority and the users, with holistic consideration given to the lifetime of the longevity and sustainability of the project over time.
Enable SMEs to enter into the procurement process
It should be recognised that small practices may find it more difficult to enter into the tendering process through economic restriction. CIAT advocates the facilitation of conglomerates to enable SMEs to come together to form a group. This will give them an opportunity to meet the requirements of the procurement process, thereby encouraging competition and providing opportunity to all. In addition, the Institute encourages all contracting authorities to split large contracts to attract bids from SMEs as another mechanism.
Ensure clear wording is used and ambiguous statements avoided
The Institute recommends that clear wording be used on procurement documents and any ambiguous statements avoided. Plain language serves to encourage the best placed providers to understand the fundamental requirements to make the tender relevant and enable essential needs to be met. In addition, to secure the best products and services, there is a need to clarify basic notions and concepts to ensure legal certainty and to incorporate certain aspects of related and well-established case law.
Ensure transparency throughout the procurement process
The procurement process should be clear and transparent with the process clearly documented from the outset. All documentation created for the project including awards weighting and criteria should not be altered or open to negotiation throughout the process to prevent distortion of competition. In instances where preliminary market consultation must take place to prepare procurement documents, CIAT advocates that this process must not have the effect of distorting competition or making any part of the process inscrutable.
Encourage accessibility for all
Contracting authorities should provide clear technical specifications to encourage accessibility for all, including people with disabilities and other disadvantaged or vulnerable groups.
Avoid conflicts of interest
Honest dealings and transactions should be promoted. Conflicts of interest should be avoided and mitigated from the outset of the procurement process. This should involve contracting authorities establishing procedures and checks to prevent, detect, and counteract conflicts of interest. This will ensure transparency, equal competition for all and prevent bias in the procurement process.
Provide a fair dispute resolution system
The Institute recommends that a system for fair dispute resolution should be established from the outset of the procurement process. In the event of conflicts arising, mediation services should be jointly selected and not prescribed by either party or governed by procurement rules.
Promote collaborative practices
The Institute promotes collaborative practices between vital service providers to enable a more efficient and effective execution of the project. With all providers working together, there is a better chance of the right product being delivered with minimal waste and reduction in any conflicting aims.
Promote design of the highest quality
The Institute supports the highest quality standards of design should be upheld with no compromise on design or safety for economic purposes. The level of quality standards to be used should be clear to ensure that those providing the services are equipped to deliver and attain those degrees of quality to ensure that the building performs as intended.
Encourage sustainable development
The Institute is committed to supporting a more sustainable built environment, which both mitigates direct and indirect climate and biodiversity harms and contributes to climate adaptation. Procurement processes should explicitly support sustainable development, in line with the UN Sustainable Development Goals.
CIAT believes that all design professionals should be able to compete for public sector design contracts on a level playing field. If you have concerns regarding a specific procurement process, please contact Joanne Rowlands ([email protected]) or [email protected]. You may also wish to raise concerns about UK public procurement exercises via the Government’s Public Procurement Review Service.