This Appendix sets out the Council’s arrangements for the procurement of all goods, works and services and shall apply to all procurement exceeding £2,000. For procurement below £2,000 see the procurement manual.
1.1 These Procedure Rules (including annexes) and the guidance in the procurement manual apply to all procurement for works and the Supply of goods and services including Professional and consultancy services to the Council. They equally apply to all Contracts entered into by High Peak Community Housing on behalf of High Peak Borough Council, unless varied in accordance with sub clauses 1.10 to 1.15 below. They also apply to all Contracts with third parties and to all sub-Contracts where a sub Contractor is specified by the Council to a Contractor. They do not apply to:
1.2 In these Procedure Rules, unless otherwise stated, references to a Director are to the Director of the service responsible for the Contract in question or such other officer of that service to whom the Director may have delegated in writing in accordance with the Council’s Authorised Signatory List.
1.3 The Head of Legal and Democratic Services shall have authority to make minor and consequential changes to these Rules.
1.4 The financial limits specified in European Union (EU) Directives are presently reviewed by the EU every two years.
1.5 In these Procedure Rules:
1.5 These Procedure Rules give effect to the Council’s Procurement Policy and in accordance with that Policy the Council’s Procurement Manual, which can be found, on the Council’s Intranet site. Directors shall have due regard to the content of the manual in coming to any decision on procurement.
1.6 Where any proposal is envisaged, other than expenditure for which there is a budget provision, which would require a Contract or Contracts under these Rules a written report shall be presented by the Operational Manager to the Executive, or appropriate Committee. The Head of Legal and Democratic Services and the Head of Finance must be consulted. The report shall state the nature of the proposal, an estimate of the anticipated direct and indirect costs thereof and the implications of the proposal upon the Capital Programme and Revenue Budget as appropriate of the Council. Recommendations as to the way in which the proposal should be carried out (including recommendations as to the mode of Tendering) shall also be included. The proposal shall not proceed without the approval of the Executive or appropriate non scrutiny Committee.
1.7 The duration of each Continuous Contract shall not exceed three years with an option to extend for a maximum of a further two years. There shall be no extensions beyond five years.
1.8 The limits for tenders and quotations shall be:
(Where insufficient numbers of quotations / tenders, can be / are received, reasons shall
The above shall be subject to the rules below.
1.9 For procurement between £2,000 and £25,000 see Annex 2 for the Rules on obtaining quotations. Rules 8 –12 below shall not apply to quotations or procurement with a value of less than £2,000.
1.10 Any officer considering purchasing land and / or property (or any part thereof) shall do so in liaison with the Estates Manager. The Estates Manager shall ensure that the Asset Register is amended as necessary.
1.11 All Contracts entered into by High Peak Community Housing on behalf of the Council shall be approved by the Head of Environment and Housing on behalf of the Council.
1.12 Reports recommending the successful tenderer shall be made in writing to the Head of Environment and Housing clearly showing the awarding criteria and how the decision was reached.
1.13 The Contract shall be prepared / approved by the Council’s Legal Section. Contracts shall be between the Council and the Contractor with High Peak Community Housing acting as the Contract administrator on behalf of the Council
1.14 Contracts entered into by High Peak Community Housing on behalf of the Council shall be tendered for, opened, assessed, awarded and monitored to a standard that is at least as robust as those contained in the Council’s Contract Procedure Rules this includes financial limits not being exceeded and Contracts being awarded for a maximum of three years with possible extensions for another two years (Rule 1.7 above)
1.15 High Peak Community Housing shall administer on behalf of the Council all Contracts entered into on behalf of the Council.
1.16 The following shall apply to variations to Contracts:
Above these levels High Peak Community Housing shall refer variations to the Council for approval through the Head of Environment and Housing as per Rule 23.6 below. The above figures are collective levels, for example,
Contract Value £50,000
2.1 Every Contract made by a Director on behalf of the Council shall:
2.2 Every Contract to which these Contract Procedure Rules apply shall:
2.3 Subject to rule 2.2, a Director may, after consultation with the Head of Legal and Democratic Services as necessary, decide the final form of all Contracts and tender documentation but shall not decide on such documentation in a form to which the Head of Legal and Democratic Services objects.
2.4 In relation to a Contract or sub-Contract which is governed by nationally negotiated Conditions of Contract under the auspices of one or more Professional institutions, any provision of these Procedure Rules which is inconsistent with a provision contained in those Conditions of Contract, may, at the discretion of the Director concerned in consultation with the Head of Legal and Democratic Services, be suspended in relation to that Contract.
2.5 The Director shall include a copy of the Council’s General Conditions of Contract (see Procurement Manual Appendix 5 Annex 2) in the documentation sent to prospective Contractors/tenderers prior to the Contract being made. Unless in the opinion of the Director in consultation with the Head of Legal and Democratic Services some other form of Contract conditions are deemed more appropriate.
2.6 No increase in the amount payable by the Council will be permitted except as specifically provided for in the Contract subject to Rules 23 and 25.
2.7 A Director shall not, without the Written Approval of the Head of Finance, enter into a Contract for the Supply of goods or services under any lease, hire, rental or any other credit arrangements where the Contract value exceeds £25,000
(See also the Council’s Freedom of Information Act Policy)
2.8 Clear statements must be made to parties contracting with the Council to make sure they are aware of our obligations to disclose under the Freedom of Information Act.
2.9 The Council will refuse to include contractual terms that restrict the disclosure of information held by us. Unless an exemption applies information must be disclosed.
2.10 In very exceptional circumstances it may be necessary to include a non-disclosure provision in a contract. In this case the Council will investigate the option of agreeing a schedule that clearly identifies the information that should not be disclosed. Even so such restrictions could potentially be overridden by the Act. Such action must be capable of being justified to the Information Commissioner.
3.1 Directors may, in
seek Written Approval for exemption to seek tenders from these Procedure Rules from the Chief Executive provided that such a request does not contravene any statutory or EU requirements. Where practical authorisation from the Chief Executive shall be sought prior to the Tendering process being entered into or action being taken.
3.2 In every case where approval is obtained from the Chief Executive under 3.1 above, the relevant Director shall report in writing that fact and the reason therefore to the relevant Executive Portfolio holder or to the relevant Non Scrutiny Committee (as the case may be) within two weeks in writing.
3.3 Directors shall not be required to obtain tenders where:
The Director shall report full details of the Contract in question to the relevant Executive Member or the relevant non-Scrutiny Committee (as the case may be) within two weeks in writing
3.4 Where exemption from these rules is being sought for any other reason than that shown in 3.1 or 3.3, above, the relevant Director shall seek authority from The Executive Portfolio holder who shall then submit the report to the next Executive meeting. A full report must be prepared giving details of the nature of the procurement, why exemption from the Rules is being sought (including if appropriate why tenders were not sought in a timely manner) and details where relevant of any financial or contractual consequences resulting from the tendering process not being applied.
4.1 Where Continuous Contract arrangements exist for the Supply of goods, works or services, Directors must use those arrangements. Such Contracts shall not exceed five years.
4.2 Provided that orders for Supply under Continuous Contract arrangements are placed using approved Council procedures and any special ordering requirements stated in the appropriate purchasing catalogues are met, the Director may obtain goods and services in that way without further reference to these Procedure Rules.
5.1 A Director must always obtain tenders prior to awarding a Contract for works or the Supply of goods and services unless:
6.1 Where the Contract is for the purchase of a single item, which is unrelated to the purchase of other items, the Contract is worth the price, or estimated price of that item.
For example, the following is an example for the procurement of unrelated items. Refurbishment of the Council Chamber. Cost of Carpet £10,500 cost of re upholstery of chairs £9,000 decorating £7,000 and lighting £1,500. This project has a total value of £28,000, which is above the tender limit, however the individual components except for being related to the same project are distinct and are not dependant upon each other. Therefore the carpets, chairs and decorating would be subject to quotations as they are above the quotation threshold but below the tender threshold.
6.2 Where the Contract is for the purchase of a related group of items, the Contract is worth the total price, or estimated total price, of the group.
For example, the following is an example of related items. The replacement of roof tiles and roof timbers where each element has a value of £15,000 giving a total value of £30,000. The same Contractor would normally undertake this work and therefore to split it into the two component parts (timber and tiles) to avoid Tendering would be contrary to these Contract Procurement Rules these are therefore related items.
6.3 Where the Contract is for goods to be provided by way of short-term hire, the Contract is worth the capitalised value of the goods to be provided. The capitalised value is obtained by multiplying the periodic payment to be made to the Hirer by the minimum number of payments agreed to be made under the Contract.
For example, Rent of refuse freighter. Lease £2,000 per month for five years (60 months) gives a Contract value of £120,000. It is the £120,000 that determines that the tender rules will apply in this instance.
6.4 Where the Contract is continuous, it is worth the amount, which the Director expects to be the total value of goods or services, which will be taken by the Council under the Contract during the life of the Contract.
6.5 Contract figures shall be reckoned exclusive of VAT unless the VAT cannot be recovered.
6.6 Procurement with a value in excess of £10,000 shall:
6.7 Where the Council wishes to enter into a partnering arrangement with a Contractor factors that need to be taken into account may include:
6.8 In addition to the above the potential Contractor will need to be assessed in accordance with the requirements at Rule 12 below.
6.9 The partnership agreement will be awarded to the party that offers best value to the Council and the procedures in these Contract Procedure Rules shall be observed to identify this party.
7.1 Depending upon the circumstances of a Contract, one of the Tendering procedures below shall be used by a Director:
8.1 Where tenders are being sought other than from an approved list the following shall apply for all tenders over £25,000.
8.2 At least fourteen days public notice shall be given by the Head of Legal and Democratic Services in:
The scale of advertising shall take account of the value and nature of the Contract any decision not to advertise in accordance with 8.2a-d above shall be recorded in writing stating the reasons for the decision reached and shall be approved by the relevant Head of Service / Business Manager.
8.3 The public notice shall:
9.1 Pre tender The following invitation to Apply for Permission to tender must be used where the tender sum exceeds £50,000 (unless the Director determines a lower sum shall apply):
9.2 Invitation to tender:
Every invitation to tender shall include the following:
10.1 A Director shall send to not less than four persons or bodies (Where fewer than four apply or are considered suitable, all shall be sent the tender documentation and reasons why less than four are requested shall be recorded in writing), who applied for permission to tender, and who satisfy the requirements of rule 9.1 the tender documentation shown at 9.2 above and a returnable tender form, which indicates:
All tenders must be returned by the appointed date and time to the Head of Legal and Democratic Services at the Council’s officers Chapel-en-le-Frith in an envelope, which does not indicate who the originator, is.
11.1 The Head of Legal and Democratic Services shall make arrangements for every tender received to be retained in secure custody unopened until the time appointed for its opening. During this period, tenders must be retained by a person not connected in any way with the subsequent evaluation of tenders. The date and time of receipt of each tender shall be endorsed on the unopened tender envelope/package and a record kept of when they were received.
11.2 Tenders received after the specified date and time shall be marked as such and left unopened.
11.3 Those tenders which are not received in the specified format shall be excluded e.g. received but not in the form required at 10.1 e above. i.e. in an envelope not marked tender and / or bearing the name of the tenderer. A record shall be kept of these tenders in the tender register.
11.4 Tenders shall not be opened before the appointed closing date and time.
11.4.1 They shall be opened at one time only by two members of staff independent of the tender process (i.e. not from the same area responsible for requisitioning, evaluating or managing the works, goods or services to be procured) designated in writing for the purpose by the Director of Corporate Support. At least one member of staff shall be of at least manager level or for Contracts in excess of £250,000 a director or member.
11.4.2 Where the tender is received through the Council’s approved e tendering system the following shall apply. Tenders can be opened by an appropriate officer approved by the Project Manager. However for Contracts in excess of £250,000 a director or member shall be present.
11.5 The designated person must, on opening each tender, immediately and separately record:
11.6 Every tender received shall be stamped with the date of opening and initialled by those present at the opening. In those instances where the amount of the tender is not immediately apparent, both members of staff shall sign and date each page containing pricing schedules. A note shall be made on the record of the number of tenders, if any, are not opened and the reason(s) for not opening them.
11.7 Where the circumstances so warrant, a Director may postpone for a reasonable period the closing time and date for receipt of tenders, provided that all persons from whom tenders have been invited are notified by the same method and that no tenders have been opened. The powers contained in this rule shall not be delegated otherwise than to a Head of Service / Business Manager nominated by a Director.
11.8 No substantive alteration or amendment shall be permitted to any tender received.
11.9 Details of the tenders received shall be recorded in the Council’s tender register.
11.10 All Contracts with a value in excess of £25,000 shall be recorded in the Council’s Contracts Register.
12.1 The assessment of tenders shall be based upon the criteria for award set out in the tender documents and where appropriate, published in an EU notice.
12.2 No Contract shall be entered into until the terms and conditions have been approved by The Head of Legal Democratic Services.
12.3 Where there are financial implications for future years capital and revenue budgets the Head of Finance shall be required to verify in writing that the financial consequences have been properly determined.
12.4 Before any Contract is entered into, Internal Audit whose advice shall be taken into account by the Operational Manager shall evaluate the financial viability of the proposed Contractor. Where the Operational Manager does not wish to take the advice of Internal Audit they shall obtain in writing the agreement of their Head of Service / Business Manager before any Contract is entered into.
12.5 The criteria for the assessment of tenderers shall include the matters raised in the supplier appraisal for at Appendix 10 to the Procurement Manual including the adequacy of insurance, health and safety, discrimination and environmental issues.
13.1 The acceptance of tenders / quotations is subject to the constraints below and the Council’s Authorised Signatory List. The lower sum of the two shall be applied. E.g. For Contracts to be entered into where the price was not the lowest submitted but it offers best value to the Council:
13.2 The tender that offers best value to the Council shall be accepted, best value does not necessarily mean the cheapest. The criteria and reasons for selecting the successful tender shall be recorded in writing. This could be achieved through the use of a matrix to assess the tenders. The Director or other operational manager in accordance with the Authorised Signatory List may accept the lowest tender whatever the value of the Contract subject to Rule 13.1 above.
13.3 Where the value of the Contract is less than £30,000, the power to accept any tender which is not the lowest shall be determined by a Director or operational manager in accordance with the Council’s Authorised Signatory List.
13.4 Where the value of the Contract is between £30,001 and £300,000, the power to accept any tender which is not the lowest shall not be delegated otherwise than to a Head of Service / Business Manager nominated by a Director
13.5 Where the value of the Contract is above £300,000 the power to accept any tender which is not the lowest shall not be delegated by the Director. Full details of the Contract in question, including the estimated additional cost, must be reported in writing to the relevant portfolio holder of the Executive or the relevant non scrutiny Committee (as the case may be) within two weeks.
13.6 The effect of the above Rules can be seen in table below:
| Tender sum to be accepted | Authorisation | |||
|---|---|---|---|---|
| Any officer authorised by their Director | Authorised Manager | Head of Service / Business Manager | Director | |
| Lowest | X | X | X | X |
| Where the tender to be accepted is not the lowest: | ||||
| Up to £30,000 | X | X | X | |
| Up to £300,000 | X | X | ||
| Over £300,000 | X | |||
13.7 A Director may negotiate with the successful tenderer for the reduction of the tender The approval of the Executive or any Committee designated for the purposes of this Rule shall be required to the seeking or acceptance of a tender where the tender, or the estimated cost of it, together with all relevant fees and costs, exceeds the original estimate by £10,000 or 10% whichever is the greater.
14.1 (a) the provisions of rules 14.2, 14.3, and 14.4 below are subject to the provisions of rule 2.2 above and to the Council’s Authorised Signatory List
(b) in exercising delegated powers under 14.2, 14.3, and 14.4 the Director must in each case be satisfied that in the circumstances it is not necessary or in the best interests of the Council for the Contract to be executed under seal.
14.2 A Manager authorised by a Director may sign any Contract worth up to £30,000 or such lower sum as may be specified in the appropriate Council’s Authorised Signatory List.
14.3 A Head of Service / Business Manager authorised by a Director may sign any Contract worth up to £300,000 or such lower sum as is may be specified in the Council’s Authorised Signatory List.
14.4 A Director, or a Head of Service / Business Manager authorised in writing by the Director to act in the Director’s absence may personally sign any Contract worth no more than £300,000
14.5 Any Contract under seal shall be signed on behalf of the Council by the Head of Legal and Democratic Services or any other officer in accordance with Authorised Signatory List to Officers.
14.6 A Director or the Head of Legal and Democratic Services shall sign Contracts over £300,000
14.7 The effect of the above Rules can be seen in table below:
| Contract Sum | Signatory | |||
|---|---|---|---|---|
| Any officer authorised by their Director | Authorised Manager | Head of Service / Business Manager | Director Or the Head of Legal and Democratic Services | |
| Up to £30,000 | X | X | X | |
| Up to £300,000 | X | X | ||
| Over £300,000 | X | |||
14.8 The Contractor shall sign all Contracts. Where the Contract value exceeds £75,000 both parties shall sign the Contract under seal, except where the Director and the Head of Legal and Democratic Services is satisfied that in the circumstances it is not necessary or in the best interests of the Council for the Contract to be executed under seal such reasons shall be recorded in writing.
14.9 Where a Contract exceeds £75,000 in amount or value the Contractor shall give sufficient security acceptable to the Chief Exec following consultation with the Head of Finance for the due performance of the Contract.
14.10 In the case of works Contracts the Contractor shall not be allowed on site until the Contract has been signed.
14.11 Every Contract must specify:
15.1 A register of all Contracts over £10,000 placed by the Council shall be maintained by the Head of Legal and Democratic Services. The register shall be open to inspection by any member or officer of the Council and shall be available on the Council’s Intranet site it shall specify the:
16.1 Where the proposed Contract is one to which the Council will be a party in common with other local, public authorities or the private sector as part of a consortium, the Director, with the approval of the Head of Legal and Democratic Services, may waive these Procedure Rules. This shall only be done if they are satisfied that to do so is in the best interests of the Council and that the Tendering and Contract procedures of one of the other authorities (which are at least as rigorous as that contained in these Procedure Rules) are to be followed. The decision shall be recorded in writing.
16.2 Where the proposed Contract is one that has already been let by another public sector body (including local government, national government or and the NHS) or the private sector, the Director, with the approval of the Head of Legal and Democratic Services, may waive these Procedure Rules. This shall only be done if they are satisfied that to do so is in the best interests of the Council and that the Tendering and Contract procedures of other public sector body (which are at least as rigorous as that contained in these Procedure Rules) have been followed. The contract shall have been let out to tender within the last 36 months. The decision shall be recorded in writing.
17.1 Any consultant who is responsible to the Council for the preparation and/or supervision of a Contract on its behalf shall:
17.2 The terms of engagement of any architect or of any engineer, surveyor or other consultant (not being an officer of the Council) who is to be responsible to the Council for the supervision of a Contract on its behalf shall be set down in writing in a form approved by the Head of Legal and Democratic Services.
18.1 In relation to a Contract or sub-Contract which is being let on behalf of another body any provision of these Procedure Rules which is inconsistent with the expressed requirements of that body, may, at the discretion of the Director concerned, be suspended in relation to that Contract upon receipt of a written request from that agency.
19.1 There shall be inserted in every Contract exceeding £1,000 in value or amount a clause empowering the Council to cancel the Contract and to recover from the Contractor the amount of any loss resulting from such cancellation, if the Contractor shall have offered or given or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or having done or foreborne to do any action in relation to the obtaining or execution of the Contract or any other Contract with the Council, or for showing or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with the Council, or if the like acts shall have been done by any person employed by him or acting on his behalf (whether with or without the knowledge of the Contractor), or if in relation to any Contract with the Council, the Contractor or any person employed by him or acting on his behalf shall have committed any offence under the Prevention of Corruption Acts 1889 to 1916 or any statutory modification or re-enactment thereof, or shall have given any fee or reward the receipt of which is an offence under Section 117 (2) of the Local Government Act 1972 or any statutory modification or re-enactment thereof.
20.1 The Head of Legal and Democratic Services shall record in a book to be kept for the purpose, particulars of any notice given by an officer of the Council under Section 117 of the Local Government Act 1972, of a pecuniary interest in a Contract and the book shall be open during office hours to inspection by any Member or officer of the Council. Members and officers shall respect the confidentiality of the contents of the book of interests and not disclose it to a third party without the consent of the Head of Legal and Democratic services.
No Sub Contractor Nominated:
21.1 The Contractor shall seek approval of the Council for any sub Contractor used before contracting with them such approvals shall be recorded in writing.
Nominated Sub Contractor
21.2 Where the Council is nominating a sub Contractor then tenders shall be invited by the Council from Nominated Sub Contractors in accordance with these Procedure Rules.
22.1 In the case of every Contract for the execution of works, the following clause or a clause having like effect shall be inserted:
“The Contractor shall make available for inspection any vouchers, records, receipts and other documents, samples of materials and any other information or thing which may be reasonably required by any Officer of the Council in order to ascertain whether or not the terms of the Contract are being complied with.”
23.1 Subject to the provisions of this Rule, the Operational Manager shall have delegated power on behalf of the Council to approve any variation to a Contract, which does not materially change the character of the subject matter of the Contract.
23.2 In the case of variations to a Contract up to £50,000 in value or amount, the Operational Manager may approve variations up to a total value or amount of £2,000 or 10% of the value or amount of the Contract whichever is greater.
23.3 In the case of variations to a Contract exceeding £50,000 and up to £250,000 in value or amount, the Operational Manager may approve variations up to a total value or amount of £10,000 or 10% of the value or amount of the Contract whichever is greater.
23.4 In the case of variations to a Contract exceeding £250,000 in value or amount, the Operational Manager may approve Variations up to a total value or amount of 5% of the value or amount of the Contract.
23.5 The above figures are cumulative. Above these limits rule 23.6 below shall apply
For example, contract Value £50,000
Variation 1 £3,000 no need to seek approval
Variation 2 £1,300 no need to seek approval
Variation 3 £1,400 would need to seek approval as collective value of variations being £5,700 is greater than 10% (£5,000) of the Contract value.
23.6 Any variation to a Contract not falling within rules 23.2, 23.3 or 23.4 shall require the approval of the Council, Executive or appropriate non scrutiny Committee, provided that:
or the appropriate non scrutiny Committee shall be required.
23.7 No Officer shall give any instructions to a Contractor, which materially varies or changes the Contract without confirming first the financial and/or legal effect.
24.1 No Contract which has been entered into by the authority of the Council, the Executive or the appropriate non scrutiny Committee shall be terminated either by agreement or by unilateral action on the part of the Council without the authority of the Council, the Executive or the appropriate non scrutiny Committee which shall first consider the full financial, legal and other effects of such termination upon the progress of any scheme or other activity of the Council and shall, if such termination is likely to have the effect of exceeding the Council’s approved Estimates or alter substantially the Council’s approved Capital Programme, proceed with termination only by way of recommendation to the Council, Executive or the appropriate non scrutiny Committee.
(Extension to existing Contracts)
25.1 Where an Operational Manager proposes to extend a Contract to include additional works, services, goods or materials similar to those included in the original Contract he shall only do so in accordance with Rules 1.6 and only where all of the following criteria apply:
25.2 An extension to a contract under this Rule (25) shall not be made more than once and the total length of the contract including the extension shall not exceed five years. (See 25.1 f and g above)
25.3 Approval to extend the Contract shall be given in writing by the relevant director.
26.1 Within three months of the conclusion of a Contract with a value of over £50,000, other than a Contract for routine expenditure, the Operational Manager shall report to his Director at an appropriate time(s):
26.2 In any case where the actual direct and indirect costs of a Contract have exceeded the original estimated direct and indirect costs by £5,000 or 10% whichever is the greater, the Operational Manager shall make the report referred to in Rule 26.1 to the Executive or appropriate non scrutiny Committee.
27.1 The Director, subject to compliance with Financial Regulations may sell surplus goods and materials belonging to the Council.
27.2 Where sales are proposed the procedures set out in these Procedure Rules for the purchase of goods shall be followed, but “highest” shall be substituted for “lowest”.
27.3 Any officer considering selling land and / or property (or any part thereof) shall do so in liaison with the Estates Manager. The Estates Manager shall ensure that the Asset Register is amended as necessary.
The Contract Procedure Rules above relating to the obtaining of tenders shall not apply when:
In all the cases above a written record must be kept of the reasons why a decision was taken.
When Applicable: (a) Procurement up to the value of £25,000 only.
Under this procedure, a Director is empowered to exercise an element of discretion as to the method by which goods or works or services are obtained, but in so doing, must be able to demonstrate that value for money has been achieved and must be aware of the requirement to use centrally negotiated Continuous Contract arrangements. Notwithstanding this element of discretion, Directors are required to:
In these instances Directors shall make arrangements for the receipt, custody, opening and evaluation of quotations received.
Where it is not considered appropriate to seek at least three quotations a record must be made of the reasons why three quotations were not sought and this must be agreed with the relevant Head of Service / Business Manager or Director.
Where three quotations are not received a written record shall be made of the reasons why.
When Applicable:
Under this procedure, tenders need not be invited by public notice so long as tenders are invited in writing from not less than three persons together with any Business Unit of the Council if it can itself provide the goods or services being sought. The requirements of Contract Procedure Rules 9, 10, 11, 12, and 13 must be met. On those occasions where it is possible to find only one or two persons to tender (e.g. where specialist work/equipment is involved), the Head of Service / Business Manager nominated by the Director must record the steps taken to establish that no other persons could be found to tender.
When Applicable:
Use of this procedure is applicable in the following circumstances:
Under this procedure, the Operational Manager shall prepare and maintain a list of persons eligible to be invited to tender for any specified category of Contracts. At least four weeks before a list is first compiled or reviewed, notices inviting applications for inclusion in it shall be published by the Head of Legal and Democratic Services:
The list shall be reviewed in accordance with the above at least once every three years.
The notice shall invite persons to apply for inclusion of their names on the Approved List of Contractors eligible to be invited by the Council to tender for the Contract or Contracts in question. Application should be made by completion of an appropriate commercial/technical and financial questionnaire.
After the closing date, the Operational Manager shall consider all applications for inclusion in an Approved List and shall select any application from any Business Unit of the Council if it can itself provide the goods or services being sought and not less than three other applicants or all applicants if fewer than three. The selection of applicants to be included in an Approved List, and who fulfil the Council’s technical and financial requirements shall not be delegated otherwise than to a Head of Service / Business Manager nominated by the relevant Director.
The Standing List shall:
The list shall then be compiled in the following manner:
Any applicant for inclusion in an Approved List who is aggrieved by the decision of a in relation to that application, and any proposal of an Operational Manager; to delete a person or body from an Approved List, shall be referred to the appropriate Director for decision.
An Operational Manager designated by a Director may add to an Approved List or vary the conditions of the inclusion of a person or body on an Approved List but shall not delegate that decision otherwise than to a Head of Service / Business Manager nominated by the Director.
In all instances where more than three persons are included on an Approved List, the Operational Manager shall document and implement a Contractor rotation policy following consultation with Internal Audit.
The Operational Manager shall invite tenders for the Supply of goods or services in respect of which an Approved List is maintained from any Business Unit of the Council if it can itself provide the goods or services being sought and not less than three other persons on that list (or all such persons if fewer than three). The requirements of Contract Procedure Rules 9, 10, 11, 12, and 13 must be met.
When Applicable:
Such a procedure may be used in the following circumstances:
Under this procedure, tenders may be invited for the Contract itself or applications may be invited for permission to tender.
Permission to tender leading to invitation to tender
Notice inviting persons to tender shall be given in one or more newspapers circulating in the Borough or in one or more appropriate trade journals, or both, as the Director shall consider desirable.
The Director shall after the closing date consider all applications received in response to the public notice and shall select any application from any Business Unit of the Council if it can itself provide the goods or services being sought together with not less than three other applicants, who fulfil the Council’s technical and financial requirements or all applicants if fewer than three. The selection of applicants to be invited to tender shall not be delegated otherwise than to a Head(s) of Service nominated by the Director. Following selection of the appropriate number of applicants, the requirements of Procedure Rules 9, 10, 11, 12, and 13 must be met.
Notice inviting persons to tender shall be given in one or more newspapers circulating in the Borough and on the Source Derbyshire web site or in one or more appropriate trade journals, or all, as the Director shall consider desirable. The requirements of Contract Procedure Rules 9, 10, 11, 12, and 13 must be met.
When Applicable:
EU requirements apply to certain Contracts for the procurement of goods and supplies, services, and works. Those requirements are prescribed by threshold values (which differ according to the Contract to be procured) and by the nature of what is being procured. The thresholds above which the procurement of those Contracts requires compliance with EU Directives are revised every two years and must be adhered to (See the Procurement Manual).
The European Union Directives for goods and supplies, services and works specify certain procedures and time scales that must be followed, which include advertisement in the Official Journal of the European Community; the procedures can vary according to the circumstances of the proposed Contract.
Further details on EU procurement can be found in the Procurement Manual at Appendix 7
Advice must be sought from the Head of Legal and Democratic Services in all cases where compliance with EU requirements is, or may be, required. Private Finance Initiative and Public/Private Partnership Contracts will almost always be within the scope of one or more EU Directives