Job info |
Job info details |
Job title |
Deputy Head of Commercial Services |
Strategic team/Directorate |
Financial Services |
Service |
Finance |
Business unit |
Commercial Services |
Responsible to (day to day issues) |
Head of Commercial Services |
Accountable to (line manager) |
Head of Commercial Services |
Salary grade |
N |
JE ref |
FIN80 |
1. Key purpose of job
- To work alongside the Head of Commercial Services and Head of Children’s Commissioning to deliver a single co-ordinated strategic commercial (procurement, commissioning and contract management) approach which delivers the best outcomes and best value for the Council in accordance with the overarching regulatory framework.
- To provide essential support and input into strategic transformation activities to develop a new more flexible commercial approach across the Council and its wholly owned companies, including leading on and managing the operationalisation of associated policies, procedures and systems.
- As part of the Commercial Services Senior Management Team to play a key role in the development and delivery of the Council’s Commercial Strategy:
- ensuring alignment with other key Council programmes, policies and strategies such as the Corporate and Community Plan, Children’s Services Sufficiency Strategy and Council Redesign Programme;
- ensuring alignment the national priorities and objectives set out in the National Procurement Strategy, Procurement Policies and Procurement Policy Statement;
- facilitating delivery of business and corporate plans across the Council and its wholly owned companies.
- To act as the procurement cycle subject matter expert for the Council and its wholly owned companies:
- providing appropriate professional advice, support and challenge to all budget holders;
- dealing with matters which are complex, contentious or politically sensitive or where the advice provided is subject to the interpretation of Public Contracts Regulations and other associated legislation;
- managing all aspects of commercial delivery, including overseeing the activities of the operational procurement and contract management staff;
- leading on a best value approach to tender evaluation, to deliver better quality, value for money, continuous improvement, increased social value and efficiency saving;
- researching and keeping up to date with models of best practice, policy and case law.
- To utilise specialist skills, knowledge and expertise to ensure commercial policy provides creative and effective solutions, advice and guidance in accordance with the Council’s Constitution, UK Public Contract Regulations, government policy and guidance, applicable legislation, case law and best practice.
- To help drive strategic decision making, process transformation and effective change management across all commercial activities to ensure continuous improvement, delivery of service and best value are maintained or enhanced.
- To oversee the management of the procurement pipeline and prioritisation of staff resources to deliver end to end procurement processes for contracts that are strategically, important, of high value, high risk and/or complex.
- To ensure a business partnering approach to the provision of commercial advice and support is in place that ensures provision is aligned to meet the priorities and needs of individual directorates.
- To represent and enhance the profile of the Council with all stakeholders, including: the Community, provider markets, local Small and Medium Enterprises (SMEs) and the Voluntary, Community and Social Enterprise (VCSE) sector, partner organisations and other national organisation and government departments.
2. Anticipated outcomes of post
- There is a strategic, proactive, creative, adaptable, effective and compliant approach to commercial activity, allocation of resources and the methodologies adopted, which reduces risk of legal challenge or contract failure, maximises budgets and supports the priorities and objectives of the Council and its wholly owned companies.
- Change management in procurement and contract management is used to drive wider organisational change.
- Commercial activity policy and strategy supports the political, economic and social aims of the Council and its wholly owned companies. The Community and Corporate Plan and Council Redesign Programme principles are integrated into the approach to commissioning, procurement and contract management.
- Statutory and regulatory obligations, including compliance with the National Procurement Policy, in relation to commercial activity are met.
- The Council and its wholly owned companies are able to demonstrate the value added through effective procurement and contract management, including supporting local businesses, SMEs (small and medium enterprises), VCSEs (voluntary and community sector enterprises and the community.
- The approach to commercial activity identifies synergies and delivers efficiencies, supported by an agreed rolling forward plan of procurement activity, in the way that the Council and its wholly owned companies procure goods, services and works and manage the resultant contracts.
- Commercial plans and strategies have effective risk monitoring, mitigation and escalation processes in place and the corporate risk management framework is applied correctly across all commercial activity.
- The Commercial Services team utilises its resources effectively directing them to areas where they will deliver the maximum benefit, including identifying and addressing:
- areas of high spend where commercial practice requires improvement;
- categories of common spend which would benefit from joint contracting arrangements;
- programmes and projects where the impact is council-wide or deliver significant community benefit.
- Contract strategies and supply arrangements, that deliver agreed outcomes, are in place. Contracts are managed effectively, cost and quality targets and the benefits / efficiencies to be realised are captured and reported.
- Provision of robust analysis and challenge to Senior Leadership Team on a range of key performance measures and risks in relation to commercial activity, to ensure early warning of potential issues.
- A comprehensive set of contractual arrangements for the supply of goods, services and works are in place and the Council obtains Value for Money as defined in Section 3 of the Local Government Act 2003.
- There is improved commercial capability and understanding across the Council and its wholly owned companies, with a planned and organisational approach to talent development in relation to commercial skills.
- The Council takes a ‘one-team’ approach to the design and implementation of solutions for public services which spans Council departments, wholly owned companies and other external partners and organisations, with Corporate and Community Plan and Council Redesign Programme principles integrated into the approach to commercial activity.
- Members are equipped with the necessary skills and knowledge to engage effectively and appropriately in the leadership and governance of Council commercial activity.
- Digital technology is used effectively to underpin the procurement cycle and commercial innovation is recognised and adopted.
3. List key duties and accountabilities of the post
- Responsible for safeguarding and promoting the welfare of children at all times.
- Working with the Head of Commercial Services on the creation and embedding of a centre of excellence for commercial activity, encompassing a systematic, long-term and holistic commercial approach to meeting the Council’s current and future needs.
- Guiding a team of commercial professionals in delivering excellence in procurement, sourcing and contract management, including overseeing:
- complex sourcing initiatives, collaborating with services teams, and ensuring the best value for Tornay residents;
- a range of strategic and complex commercial projects applying compliant, best practice techniques to manage and deliver each stage of the commercial cycle including procurement and strategic contract management;
- the identification and implementation of innovative procurement solutions to enhance sourcing processes and elevate services;
- the development and implementation of mechanisms to ensure the desired value for money, outcomes and impact are achieved in relation to commercial activity;
- the management and resolution of supplier complaints, contractual issues, regulatory investigations and legal challenges;
- the cultivation and maintenance of relationships with key strategic suppliers, partners and stakeholders.
- Responsible for planning and managing commercial activity and resources to enable effective delivery of key Council projects, prioritising and managing critical pathways and priorities to ensure timely delivery of milestones.
- Sitting on strategic, programme and project boards to provide expert and timely commercial advice to support effective decision making, including identifying, assessing and reducing risk to commercial agreements and identifying opportunities for revenue generation and value creation.
- Engaging and working with Senior Leadership Team, Heads of Services, Managers and Members:
- to champion and promote transformational change through commercial the delivery;
- in the governance of Council commercial activity and the development of relevant monitoring and reporting in relation to non-compliant spend and contract performance;
- to ensure that statutory duties are met and political risk is managed.
- Responsible for developing and embedding commercial best practice to ensure the diverse range of activities undertaken by the Council are effectively supported, included identifying innovative solutions to meeting those needs.
- Responsible for ensuring the development of individual directorate and cross function procurement strategies is informed by national and Council priorities, stakeholder requirements, intelligence about suppliers, market sectors and contractual commitments.
- Responsible for ensuring an up to date suite of training and guidance resources is developed and maintained to inform, advise, support, upskill and mentor all officers across the Council and its wholly owned companies, providing the organisational capability and capacity to ensure commercial activity is carried out to a consistently high quality and tax payers’ money is spent effectively and efficiently.
- Responsible for ensuring the provision of accurate and timely performance information to Senior Leadership Team and Members.
- To have oversight of all internal audits where commercial activity is a consideration to ensure effective monitoring and delivery of actions. Reporting to Directors on compliance with audit outcomes and identifying and flagging priority actions and risks associated with uncompleted actions.
- Building relationships across organisational boundaries and leading on commercial activity across the Council, its wholly owned companies and key strategic partners, taking a ‘one team’ approach to the design and implementation of solutions for the provision of public services.
- Responsible for developing comprehensive policies, procedures and systems to support effective contract and supplier relationship management to improve performance, reduce cost, mitigate risk and harness innovation.
- Responsible for ensuring operational and strategic risks and issues relating to procurement and contract management activities are identified, understood and mitigated.
- Responsible for ensuring policies and procedures to support the improvement of economic, social and environmental wellbeing from Council contracts over and above the delivery of the direct requirements at no extra cost are embedded into operational commercial activity.
- Responsible for ensuring robust policies and procedures are developed to increase opportunities for local SME, micro-businesses and voluntary, community and social enterprises to effectively compete for Council contracts.
- Any other duties commensurate with the post as may be required from time to time.
4. Budgetary/Financial Responsibilities of the post
- Significant impact on all Council revenue and capital budgets – procurement and contract management is fundamental to driving savings through all budgets as a key enabler of savings proposals and the achievement of best value.
- Ensuring contracts awarded by the Council and its wholly owned companies are put in place and managed in accordance with the Council’s Constitution, UK Public Contracts Regulations and EU Procurement Directives and that the appropriate financial due diligence checks have been undertaken.
5. Supervision/Line Management Responsibilities of the post
- Direct line management of the Commercial Business Partner and the Procurement & Contracts Officers, oversight of the Policy and Compliance Manager, Contracts Officer, Data & Compliance Officer and Business Support Officers.
- Management and oversight of all procurement and contract management activity across the Council and its wholly owned companies, including 100+ staff across involved in managing Council contracts.
- To assertively and continually challenge teams and managers to improve performance.
6. Working environment and conditions of the post
- Normal working conditions and environment.
7. Physical demands of the post
8. Specific resources used by the post
9. Key contacts and relationships
- External
- Other local authorities and public bodies, including but not limited to members such as South West Procurement Board and Devon & Cornwall Procurement Partnership, Devon Integrated Care Board (NHS Devon), Children’s Services Peninsula Commissioning Group, Torbay schools and academies.
- Council’s key strategic partners and wholly owned companies, including but not limited to Torbay and South Devon NHS Foundation Trust, Devon Integrated Commissioning Board, SWISCo, TDA group, Torbay Education Ltd.
- Prospective and current contracted suppliers, including key strategic suppliers.
- Torbay Maintained Schools, Academies and Multi Academy Trusts.
- Public Buying Organisations and Framework Management Organisations.
- Local business forums, including Federation of Small Business, Chamber of Commerce and Torbay Business Forum.
- Voluntary and community sector organisations and Torbay Community Development Trust.
- Internal
- Senior Leadership Team, staff at all levels across the Council, the Leader, Finance Portfolio Holder, Cabinet and all other Members, through formal and informal governance routes.
- Individual programme and project boards.
10. Other duties
- To undertake additional duties as required, commensurate with the level of the job.
Other Information
- All staff must commit to Equal Opportunities and Anti-Discriminatory Practice.
- The Council operates a Smoke-Free Policy and the post-holder is prohibited from smoking in any of the Council's buildings (including Council owned and Council leased buildings, but excluding designated areas in residential schemes), enclosed spaces within the curtilage of buildings, and Council vehicles. The Council does not permit smoking breaks within work time, however, in services where the flexi-scheme is in operation, employees may take reasonable break times outside of core hours, in accordance with flexi-time arrangements. Employees should follow the flexi-scheme procedure for agreeing time away from their duties in the normal manner with their immediate colleagues and line manager, with break start and finish times being recorded, as with any other break-time arrangement.
- The post-holder is expected to familiarise themselves with and adhere to all relevant Council Policies and Procedures.
- The post-holder must comply with the Council’s Health and Safety requirements as outlined in the H&S policy appropriate to the role.
- This post is based at Tor Hill House but the post holder may be required to move their base to any other location within the Council at a future date.
- The post is eligible for permanent home working or hybrid working.
- The post-holder must be committed to the Council’s Core Values for employees – “Torbay Council employees are committed to being forward thinking, people orientated and adaptable - always with integrity”. Evidence will be sought during the probation and appraisal processes.
- If you are required to use your own vehicle on Council business or drive a council vehicle you will be asked to provide information on any driving endorsements by accessing www.gov.uk/view-driving-licence and providing a code to your Line Manager in order to share your driving licence information with the Council.
- You will be asked to complete a Criminal Records Self Declaration Form. Criminal convictions will only be taken into account when they are relevant to the post. You will only be asked to disclose ‘unspent’ convictions.
- Torbay Council is committed to safeguarding and promoting the welfare of children and applicants must be willing to undergo the checks appropriate to the post applied for.
Person Specification
Note for Candidate
All Candidates
The supporting statement on your application form will be used to assess ability to meet the essential requirements of the role, so you should explain how you meet each of the numbered essential requirements within your supporting statement.
In a competitive situation, the desirable criteria may be taken into consideration, so you are encouraged to show how you also meet each of the desirable criteria.
Candidates who consider that they have a disability
Reasonable adjustments will be made to the job, job requirements or recruitment process for candidates with a disability.
If you consider yourself to have a disability you should indicate this on your application form, providing any information you would like us to take into account with regard to your disability in order to offer a fair selection interview.
Where ever possible and reasonable we will make adjustments and offer alternatives to help you through the application and selection process.
If you have indicated that you have a disability on your application form you will be guaranteed an interview if you clearly demonstrate in your supporting evidence how you broadly meet the essential requirements of the role.
Job info |
Job info details |
Job Title |
Deputy Head of Commercial Services |
Strategic team/Directorate |
Financial Services |
Service |
Finance |
Business unit |
Commercial Services |
Skills and effectiveness
Essential skills and effectiveness
- Leadership and management skills necessary to:
- lead a team, motivate staff and stakeholders, influencing the key relationships which enable better performance;
- lead a diverse range of project teams which may comprise colleagues from across the Council, its wholly owned companies, other partners or external organisations;
- lead on, inform and respond proactively, positively and effectively to organisational and legislative change;
- manage, coach and mentor teams;
- plan, organise and use resources effectively and efficiently;
- delegate (with appropriate oversight checks and balances), motivate, inspire and engage others to create a high performing team.
- Proven ability to work autonomously, leading on complex projects, taking charge of complex / contentious strategic commercial relationships, making significant decisions in situations:
- where the outcome may have significant implications on service provision, for example where a decision results in a change in policy or working practices across the Council and its wholly owned companies or a procurement being delayed, a contract or service not being put in place or the exclusion of bidders;
- which may commit the Council to a particular course of action or impact on the Council’s ability to put contracts in place without the need to defer to more senior officers;
- requiring excellent influencing, persuasion and negotiation skills to reduce resistance and obtain buy-in for the course of action there may be resistance.
- Ability to think strategically:
- setting policy and processes and making decisions which support delivery of Council priorities;
- identifying, understanding and responding to synergies and interdependencies across Council and partner activities;
- anticipating and resolving problems before they arise, to form strategies and plans;
- forward planning and prioritising activities over the course of months and years to meet strategic objectives.
- Proven commercial skills, including the ability to:
- to think innovatively within the legal parameters to reach creative solutions that benefit everyone;
- plan, deliver and manage end to end procurement processes and associated activities;
- mobilise, manage, modify and exit contracts;
- manage supplier relationships;
- negotiate, mediate and resolve disputes;
- analyse, mitigate and manage risk.
- Ability to make decisions and respond confidently and authoritatively when under internal or external scrutiny, including where a procurement process is subject to challenge, to ensure understanding, gain support or provide justification and rationale.
- Mature problem solving skills and the ability to:
- assimilate, understand, analyse and communicate complex information and data to inform decision making;
- identify causes and determine a range of informed and imaginative commercial solutions to address complex contractual or commercial issues without reference to others;
- make decisions or recommendations in relation to complex or contentious matters and / or situations where there may be resistance, where the outcome may have significant implications on service provision;
- quickly and effectively contextualise information, data and background regarding current and future service provision enabling informed strategic decision making;
- respond effectively and appropriately to manage supplier complaints, issues and legal contractual matters, including ability to justify the decisions made.
- Proven ability to work on and prioritise multiple projects across a diverse range of subject matters, dealing with conflicting and ever changing priorities and deadlines, in relation to own workload and that of the wider Commercial Services Team.
- Ability to demonstrate sensitivity and the motivational, negotiation, challenge and influencing skills required to minimise opposition and maximise acceptance of decisions or recommendations to -:
- secure improved service delivery and best value;
- achieve improved outcomes through collaborative and partnership working;
- ensure legislative compliance and minimise risk of legal challenge or contract failure.
- Ability to demonstrate the extensive communication skills necessary to be able to present complex and contentious information clearly, in a range of formats to varied audiences to ensure understanding and buy-in.
- Ability to understand and interpret complex documents, such as the council constitution, legislation and statutory guidance, to develop council policy, procedures and guidance.
- Ability to recognise and develop commercial opportunities, sometimes in demanding or difficult situations, to the benefit of the Council.
- Demonstrable commitment to the improvement and development of own performance and that of other members of the team.
- Ability to demonstrate the skills necessary to work effectively as part of the wider Commercial Services team to deliver against policy and strategy, as well as commercial negotiations with contracted suppliers to deliver better terms and efficiency savings.
- Ability to demonstrate the ICT literacy and skills necessary produce a range of complex correspondence, reports, spread sheets, financial monitoring, presentations etc.
- Ability to work to the Council’s core values of being forward thinking, people oriented and adaptable, always with integrity.
Desirable skills and effectiveness
- Proven ability to deliver excellent outcomes within the public sector in a senior commercial role.
- Programme or project management skills.
- Change management skills.
Knowledge
Essential knowledge
- Specialist knowledge of the procurement and contract management cycles, tools and methodologies across a diverse project portfolio, encompassing:
- pre-procurement planning, including strategic sourcing methodologies and market shaping;
- procurement development, including tender preparation and forms of contract;
- publication and advertisement of tenders and contracts;
- acceptance, evaluation and moderation of tenders;
- contract award, including Regulation 84 reports, standstill letters and debriefing;
- contract mobilisation;
- contract and supplier relationship management, including mediation, dispute resolution and negotiation;
- change control and contract modification;
- risk analysis, mitigation and management;
- continuous improvement and business continuity planning;
- contract termination and exit management;
- contract review and lesson learned.
- In depth knowledge of procurement rules reform, the impact this will have on local government procurement and the ability to effectively interpret changes to minimise risk, including the ability to develop compliant procurement processes under the new flexible tender regime.
- Demonstrable awareness and understanding of the impact actions taken can have during the procurement and contract management life cycle.
- Extensive knowledge, understanding and ability to interpret relevant commercial aspects of associated legislation, case law, policy and guidance, including:
- Public Contracts Regulations;
- Public Services (Social Value) Act;
- Modern Slavery;
- National Procurement Policies and Policy Statement;
- Best Value Duty;
- Public Sector Equality Duty;
- Local Government Transparency Code;
- Environmental and sustainability issues;
- Data Protection Act / GDPR;
- Freedom of Information Act.
- Knowledge of the Outsourcing Playbook, e-procurement and e-tendering systems.
- Excellent knowledge of performance management, policy development and service improvement including quality standards and development of management information systems.
- Knowledge and understanding of the social value and community wealth building agendas and how to realise the benefits within a public sector environment.
- Knowledge of wider Council policy and strategy, such as Climate Change, Data Protection, Information Security, Safeguarding, Health & Safety and Community Engagement / Co-Production / Co-Design and the interdependencies between these and commercial activity.
- Extensive knowledge and understanding, at a local and national level, of current and future trends, priorities, political and economic issues and policies and their impact on local government commercial activity.
- An understanding of local government policies, priorities, structure and governance.
- Knowledge of management and leadership methodologies and techniques.
- Knowledge of Microsoft Office in particular Excel, Word, Power point, Project, Outlook and Access.
Desirable knowledge
- Knowledge and understanding of Torbay Council Financial Regulations, Contract Procedures and internal governance processes.
- Knowledge of contract law.
- Knowledge and understanding of NEC and/or JCT contracts.
- Knowledge of Contract Lifecycle Management systems.
Experience and achievements
Essential experience and achievements
- Extensive experience of successfully delivering and managing end to end procurements and associated activities, for high value, high risk or complex projects, within a public sector environment or similarly regulated sectors.
- Extensive experience of how the various commercial activities interrelate and are applied on major work streams, projects and programmes.
- A track record of service improvement and identifying new ways of working to strategically drive improvements, whilst delivering best value, quality, innovation and Social Value.
- Experience in delivering commercial strategies, identifying and exploiting commercial opportunities that meet business needs and reduce cost and operational risks.
- Experience in problem solving, involving and influencing operational professionals to implement change and improvements.
- Demonstrable experience of establishing effective strategic relationships and partnerships and collaborative working across organisational boundaries, leading on activity, obtaining buy-in and providing effective support and challenge.
- Experience in risk assessment and applying risk management strategies.
- Experience of working proactively to deliver against targets, to achieve service improvement in a procurement or contract management environment.
- Experience of working with suppliers strategically to ensure continuous improvement, value for money, quality, innovation and achievement of Social Value outcomes.
- Experience of managing staff through change and forming high-quality working relationships at all levels including as an interface with elected member.
Desirable experience and achievements
- Experience of change management, transformation and procurement strategy creation.
- Experience of working with elected members and corporate directors at a senior level, providing clear advice, guidance and support
- Experience in transformation and/or change management programmes and/or developing and leading on implementing complex new processes within organisations.
- Experience and familiarity of working at senior levels within a number of different organisations.
- Experience of preparing and presenting business cases, reports and briefings to a variety of audiences.
Qualifications/professional memberships
Essential qualifications/professional memberships
- Educated to Degree level or equivalent or demonstrable academic or professional ability or experience in the relevant field.
- Level 6 Professional Diploma in Procurement and Supply or equivalent or commensurate experience at a senior level in procurement.
- Evidence of continuing professional and personal development.
Desirable qualifications/professional memberships
- Member of the Chartered Institute of Procurement and Supplies (MCIPS).
- Government Commercial Function qualification in Contract Management at Practitioner level or equivalent.
- Level 5 qualification in leadership and management, e.g. CMI, ILM or equivalent.
- Qualification or recognised accreditation in project or programme management (e.g. Prince 2, MSP).
Other requirements
Other requirements of the job role
- Demonstrates a commitment to safeguard and promote the welfare of children and young people.
- Ability to carry out the physical requirements of the role (i.e. manual handling).
- Ability to travel efficiently around the Bay/South West/UK in order to carry out duties.
- Ability to accommodate occasional/permanent home-working.