Part 4 - Contract Standing Orders
Below are the Contract Standing Orders.
- 1 - Background
- 2 - Scope
- 3 - Accountability and Responsibility
- 4 - Basic principles
- 5 - Exemptions
- 6 - Requirements to consult Assistant Director of Legal Services and Assistant Director of Strategic Procurement
- 7 - Grants and external funding
- 8 - Collaborative Procurement, Frameworks and Use of Agents
- 9 - The contracting process
- 10 - General
- 11 - Select lists
- 12 - The quotation process
- 13 - Requirements applicable to all tendering exercises
- 14 - Tendering exercises
- 15 - Conditions of contract and contract formalities
- 16 - Other requirements
13.1 All tendering exercises must be conducted electronically through the Council’s e-procurement system unless the use of an alternative process has been previously approved in writing by the Assistant Director of Strategic Procurement.
13.2 Receiving Expressions of Interest
All expressions of interest must be received by the date and time given in the original advertisement. An authorised officer may consider exceptions to this Contract Standing Order in situations where the late submission is genuinely outside the control of the supplier concerned, but only with the agreement of the Assistant Director of Legal Services.
13.3 Issuing Invitations to Tender
- a) Where a tendering process involves a process of qualification and selection before the award phase, an authorised officer shall only issue an invitation to tender to those suppliers that have met the required selection criteria, including any minimum standards set. Suppliers may be shortlisted to be invited to tender on the basis of marks awarded against the selection criteria
- b) An authorised officer shall ensure that an invitation to tender is based on a robust procurement strategy based on model instructions for tendering approved by the Assistant Director of Strategic Procurement.
- c) Suppliers shall be allowed sufficient time to complete their tenders, taking into account the complexity of the requirement and the contract, and the time required for them to prepare their response. A minimum of ten working days must be allowed from the date on which the invitation was sent.
- d) All suppliers being invited to tender must be issued with the same information at the same time and subject to the same conditions. Any clarification, supplementary information, or changes to the content or detail of the invitation, must be given on the same basis.
- e) All communications with the suppliers should be through the Council’s e-procurement system.
13.4 Receiving Tenders
- a) Where in accordance with CSO 13.1 tenders are to be submitted electronically, authorised officers shall ensure that they are kept secure and un-opened via the Council’s e-procurement system until the specified date and time, after which they shall be opened by an officer who has been authorised to do so by the Assistant Director of Legal Services. The precise process to be adopted shall be agreed with the Assistant Director of Strategic Procurement and the Assistant Director of Legal Services.
- b) If suppliers have not followed the instructions issued within the invitation to tender (with regard to how tenders should be delivered, packaged, marked, referenced etc.) such tenders must normally be excluded from further participation in the tender process. However, in exceptional circumstances, the Assistant Director of Legal Services may permit tenders to be considered in the case of a minor breach by the tenderer, providing the principle of equal treatment of tenderers and the integrity and confidentiality of the tendering process would not be breached.
- c) In exceptional circumstances, any tenders that are received after the specified date and time, but before the tenders have actually been opened, may be included - but only where the late submission is genuinely outside the control of the supplier concerned, and only with the agreement of the Assistant Director of Legal Services, who shall in considering whether to waive the deadline have regard to the need to avoid unequal treatment, discrimination or lack of transparency. Such decision shall be made by the Assistant Director of Legal Services personally or by the Deputy Assistant Director of Legal Services but shall not be given by any other person.
- d) Any tender that is received after the tenders have been opened, or which otherwise does not comply with the instructions in the invitation to tender, shall be rejected and shall be returned to the tendering supplier with an explanation for this rejection.