5.1 Direct Contract Awards made outside a framework agreement (i.e., contract awards without competition) are prohibited in respect of:
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contracts for the supply of health care services procured under PSR23 irrespective of their Estimated Total Contract Value;
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contracts (including concession contracts) for the supply of goods or services (other than health care services) which have an Estimated Total Contract Value of £30,001 (including VAT) or more; or
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any contracts (including concession contracts) for the supply of works irrespective of their Estimated Total Contract Value, unless authorised in writing by the Director of Policy, Performance and Governance after considering a written report by the appropriate Director which confirms that:
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all other procurement strategies have been considered and rejected due to their unsuitability; and
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the direct contract award would not give rise to a breach of UK public procurement law; and
- in respect of contracts (including concession contracts) for the supply of goods, services (other than health care services) and works which have an Estimated Total Contract Value of between £30,001 and the relevant UK public procurement threshold, that:
(iii.1) the direct contract award represents value for money based upon, for example, market research, price/cost benchmarking, social value factors etc; and
(iii.2) the direct contract award approach is justified. For example. there is genuinely only one supplier, or the requirement is urgent, brought about by events unforeseeable by the Council and not attributable to it.
5.2 A register of all Direct Contract Awards authorised pursuant to CPR 5.1 will be maintained by the Director of Policy, Performance and Governance and will be reported to the Audit and Governance Committee on an annual basis.
Appointment of legal counsel or other experts
5.3 Any requirement under these CPRs to seek more than one tender or quotation shall not apply where arrangements are being made for the appointment of counsel or other experts by the Assistant Director of Legal Services, who must be satisfied that the fee to be paid is relative to the level of advice and expertise required.
