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
15.1 All contracts must be formally concluded in writing before the supply, service or work begins.
15.2 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 previously agreed by the Assistant Director of Legal Services.
15.3 CSOs 15.1 and 15.2 do not apply to low value, one-off retail purchases where a purchasing card is used.
15.4 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) 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.
15.5 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 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
15.6 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
15.7 In appropriate cases, after consultation with the Assistant Director of Legal Services, the supplier shall provide for the payment of liquidated damages by the supplier where they fail to complete the contract in accordance with the terms of the contract, including within the specified time.
15.8 In appropriate cases, after consultation with the Assistant Director of Legal Services, the contract shall be required to give sufficient security for the due performance of their contract.
15.9 Where a relevant contract exceeds:
- a) £75,001 in total value 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; and
- b) above EU threshold in total value it shall be executed under the Common seal of the Council.
15.10 Unless otherwise agreed by the Assistant Director of Legal Services, a contract must be sealed where:
- a) the Council may wish 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.
15.11 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.