Lots of Regulations to Comply With
Outside the United States, public procurement law is regulated through the EU Directives and the Treat on the Functioning of the European Union.
In Northern Ireland, in particular, these are implemented through the UK procurement regulations, which apply to all public entities.
Procurement in education has to comply with this legislation and all its directives, along with the NI Public Procurement Policy, including policies around getting the best value for the money, using a procurement center, and awarding contracts to the most economically advantageous tender.
That said, no additional guidance or law surrounds education industry-specific procurement.
In the United States, there are both state and federal guidelines to maintain compliance with, so this issue isn’t limited to Ireland or European countries.
Though higher education institutions generally have more available funds than public bodies in the K12 sectors, they still need to stay within the necessary procurement thresholds, so they, too, have regulations to comply with that complicate the process.
Too Many Cooks in the Kitchen
Multiple education bodies carry out procurement, leading to a fragmented approach that is not only less efficient overall but also less organized and generally more chaotic.
For instance, controlled schools are handled by Education and Library Boards (ELBs), otherwise known as Centers of Procurement Expertise (CoPE). These boards are responsible for procuring goods and services and performing maintenance work.
Any grant-aided schools outside the controlled sector have their goods and services procured by Trustees or the Board of Governors of each school.
The ELBs handle the maintenance work for any maintained schools.
And to further complicate matters, any volunteer grammars and grant-maintained integrated schools handle their own maintenance arrangements.
Any arms length bodies, such as the Council for Catholic Maintained Schools, the Northern Ireland Council for Integrated Education, and The Council for the Curriculum Examinations and Assessment, have access to ELB good and services contracts, but the majority still make their own procurement arrangements.
Multi-academy trusts in the UK can centralize their procurement at the trust level for some types of purchases and use GAG pooling to maximize their resources across the group of schools, for better budgeting and resource allocation.
Government procurement can help schools by allowing procurement officers a bit more flexibility in what and how they buy what they need.
With fewer people involved in the process, there’s less potential for roadblocks and complications.
Designating a procurement officer at the school level with a set amount of purchasing power who goes to a central office for approval for the entire county or district, which is then submitted to the state, reduces the number of people or agencies that need to be involved, while still ensuring the schools get what they need when they need it.
Lack of Strong Procurement Strategy and Procedure
It’s difficult to take a coordinated approach to education procurement because of the five CoPEs in various locations throughout the country.
Numerous issues exist within the supply chain because each procurement center operates individually, and there isn’t much coordination between them.
There is a rather complex approvals process, and procuring goods and services and completing orders takes a long time.
This is partly because regulations require everyone to purchase products and award contracts to the lowest bidder.
Thus, they get the lowest price for high-value goods but not necessarily the best quality goods, which could end up being cheaper over the long term.
As such, it may mean many schools don’t get the specific products the departments want or need – but instead, something similar or something that functions as a low-quality substitute, at best.
It may mean taking cues from other highly regulated industries to develop better, stronger procurement strategies and procedures across the board.
Schools, especially higher-education facilities, need to be particularly transparent in the procurement process.
Not Enough Skilled and Experienced Procurement Staff Members
Likely at least partly related to the fact that few jobs in education or public service type industries pay well enough to live comfortably, the education industry in particular lacks the total number of highly-qualified and experienced procurement professionals they need to effectively get the procurement process developed and executed as efficiently as possible.
Before they can expect real improvement, it’s critical to look at professional development opportunities to strengthen the knowledge and expertise of current staff and recruit additional staff members.
If procurement professionals in the education sector, and other public sector bodies, could come together to develop better procurement practices that remain in compliance with any applicable legal regulations, they may find they will be able to save themselves a lot of money.
For instance, streamlining the entire tendering process could shorten the procurement lifecycle and lead to better supply management.
When you consider various departments in schools have drastically different needs – such as the difference between music and arts departments compared to science or math departments, having such a fragment procurement approach creates unnecessary strain on staff and students.