Part 4 - Contract Procedure Rules

14.1     All contracts must be formally concluded in writing before the supply, service or work begins.

14.2     Contracts shall be written in plain language and shall adopt either:

a) conditions of contract produced by professional bodies and agreed by the Assistant Director of Legal Services; or
b) conditions of contract developed by or agreed by the Assistant Director of Legal Services for specific types of procurement or specific procurement projects; or
c) conditions of contract within collaborative contracts let by other public

      contracting authorities; or

d) exceptionally, and where unavoidable, conditions of contract requested by suppliers; but only where the use of these conditions has been agreed in advance by the Assistant Director of Legal Services.

14.3    CPRs 14.1 and 14.2 do not apply to low value, one-off retail purchases where a purchasing card is used.

14.4     All contracts, irrespective of value, shall as a minimum clearly specify:

a) a full description of what is to be supplied (i.e. the works, materials, services, matters or things to be furnished, received or completed)
b) the quantities to be provided
c) the provisions for payment (i.e. the price to be paid and when)
d) the time(s) and location(s) for delivery or performance
e) the provisions for the Council to terminate the contract
f) the provisions for indemnity and insurance for service contracts
g) the contract term or, as appropriate, the required timeframe for delivering milestone deliverables
h) such other conditions and terms as may be agreed between the parties which shall include, where relevant, a reference to continuous improvement in accordance with the Best Value legislation.

14.5     Where contracts are awarded which involve the transfer of Council staff, or of former Council staff who were previously the subject of an outsourcing of service, they shall include provisions to ensure that the relevant regulations are complied with and that the Council is appropriately indemnified. Where the Council is a third party to any transfer, the contract shall in addition ensure that the Council has access to staff and employee information on request

14.6     Every relevant contract must provide for the Council to cancel the contract and recover any resulting losses if the supplier or their employees or agents, with or without their knowledge:

a) does, or has done, anything improper to influence the Council to give them the contract;
b) commits an offence under the Bribery Act 2010 or Section 117(2) of the Local Government Act 1972

14.7     In appropriate cases, after consultation with the Assistant Director of Legal Services, the supplier shall be required to give sufficient security for the due performance of their contract.

14.8     Where a relevant contract value exceeds:

a) £100,000 in total but is less than £500,000 (excl. VAT) it must be signed by at least two Officers of the Council, being the relevant Authorised Officer and one other Officer above salary scale point 33; or
b) £500,000 in total it shall be executed under the common seal of the Council.

14.9     Unless otherwise agreed by the Assistant Director of Legal Services, a contract must be executed under the common seal of the Council where:

a) the Council wishes to reserve the right to enforce the contract more than six years after its end; or
b) there is any doubt as to whether valid consideration is being created under the contract.

14.10   Contract sealing shall be carried out by the Assistant Director of Legal Services or those persons who have been given authority to do so from time to time.