Part 4 - Contract Procedure Rules
Below are the Contract Procedure Rules.
- 1 - Background
- 2 - Scope
- 3 - Accountability and Responsibility
- 4 - Basic principles
- 5 - Exemptions to these Contract Procedure Rules
- 6 - Requirements to consult the Director of Policy, Performance and Governance and the Assistant Director of Legal Services
- 7 - Procuring via Frameworks, Collaborative Procurements and Dynamic Purchasing Systems
- 8 - The contracting process
- 9 - Localism
- 10 - Framework Agreements and Dynamic Purchasing Systems
- 11 - The Quotation Process
- 12 - Tendering Exercises
- 13 - Contracts Register
- 14 - Conditions of contract and contract formalities
- 15 - Other requirements
- 16 - Procurement guidance
3.1 These Contract Procedure Rules apply to all Officers of the Council. Officers must ensure that any agents, consultants and contractual partners acting as procurement agents on behalf of the Council also comply with these Contract Procedure Rules.
3.2 It is a disciplinary offence for Officers not to comply with these Contract Procedure Rules.
3.3 Directors must ensure that their staff comply with these Contract Procedure Rules.
3.4 An Authorised Officer must not seek or accept technical advice on the preparation of a request for quotation or an invitation to tender from any party which may have a commercial interest in the procurement if this may prejudice the equal treatment of all potential suppliers or distort competition.
3.5 Directors must ensure that appropriate Officers (“Authorised Officers”) have received delegated authority under the Council’s Scheme of Delegation which authorises them to:
a) make orders on behalf of the Council for the supply of goods, services and works;
b) award contracts on behalf of the Council for the supply of goods, services and works;
c) pay invoices received from suppliers in respect of goods, services and works provided to or on behalf of the Council;
d) approve tender and quotation procedures and all related documentation;
e) approve contract terms and conditions;
f) receive, retain and open tender submissions (CPR 12.4); and
g) manage contracts in accordance with the Council’s Contract Management Framework from time to time.
3.6 Authorised Officers may award contracts and place orders and requisitions that comply with these Contract Procedure Rules provided that:
a) the financial values and commitments are within approved budgetary estimates and within their delegated responsibility;
b) they are within the Council’s legal powers;
c) where the contract involves the transfer of Council staff, or former Council staff who have previously been the subject of an outsourcing of service, the Authorised Officer is acting in accordance with the Direction made by the Secretary of State under section 102 of the Local Government Act 2003 (pension provision) or any replacement.
3.7 Authorised Officers have the necessary skills, competencies, and knowledge to undertake procurement and/or contract management related duties of the scope, risk and complexity assigned to them. This should include attendance on appropriate relevant training courses, both internal and external, on areas such as procurement, finance, risk, business continuity and GDPR.
3.8 Directors must ensure that officers undertaking procurement and commissioning have skills, competencies, and knowledge appropriate to the scope, risk and complexity of their activity.