RYDE TOWN COUNCIL
STANDING ORDERS
APPENDIX 1
CONTRACT STANDING ORDERS
Ryde Town Council - Standing Orders - Appendix 1 - Contract Standing Orders V6.0 - May 2019
Page 1
CONTRACT STANDING ORDERS
Index
Introduction
1.
Basic Requirements
Page 3
1.1
Key Principles and Responsibilities
Page 3
1.2
Conduct
Page 4
1.3
Financial Values
Page 4
1.4
Exceptions to the Rules
Page 5
1.5
Other Considerations
Page 6
2.
Establishing and Managing Contracts
Page 6
2.1
Openness and Forward Planning
Page 6
2.2
Pre-Procurement Considerations
Page 6
2.3
Seeking Competition
Page 7
2.4
Choosing the Procurement Procedure
Page 8
2.5
Determining Tender Award / Evaluation Criteria
Page 9
2.6
Preparation of Invitation to Tender
Page 10
2.7
Receipt and Opening of Tenders
Page 11
2.8
Evaluation and Award of Contract
Page 11
2.9
Debriefing of Unsuccessful Tenderers
Page 13
2.10
Contract Documentation
Page 13
2.11
Variations and Extensions
Page 13
Annex 1 Contract Registration Form
Annex 2 Contract Standing Orders Waiver Report
Appendix 1 - Procurement Code of Practice
Ryde Town Council - Standing Orders - Appendix 1 - Contract Standing Orders V6.0 - May 2019
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CONTRACT STANDING ORDERS
Introduction
These contract standing orders form an Appendix to the Councils Standing Orders.
The main purposes of these Contract Standing Orders (CSO’s) are:
o To ensure that the Council obtains genuine value in the way it spends money, so
that it delivers Best Value services to the public it serves.
o To comply with the laws which govern the spending of public money.
o To demonstrate good corporate governance.
o To reasonably protect individuals and the Council from any criticism or allegations
of wrongdoing regarding specific procurement decisions.
Both ‘procurement’ and ‘contract‘ are used as generic terms covering the purchase of
goods, services or works from a supplier, contractor or other entity - whether it is
through a formal tendering process, placing of a purchase order, call-off via an
established framework agreement or other similar arrangement.
The highest standards of probity are required of all Council officers and members
involved in the procurement, award and management of any Council contract.
Similarly the Council will endeavour to be fair and open in its dealings with all suppliers
and prospective suppliers, and all members and officers shall uphold these principles.
Underpinning the Council’s overall approach to good procurement practice is the
following document which forms Appendix 1 to these Contract Standing Orders:
o The Councils ‘Procurement Code of Practice’
1.
BASIC REQUIREMENTS
1.1
Key Principles and Responsibilities
1.1.1
All procurement activity must be in connection with the Council’s lawful functions and
within the bounds of its statutory powers.
1.1.2
All procurement shall be in accordance with all relevant legislation and, when
applicable, the European Union Procurement Directives.
1.1.3
All procurement activity shall be conducted with integrity and fairness throughout. It
shall also be conducted with sufficient openness to engender public confidence in the
procurement processes generally and meet the requirements of the Freedom of
Information and Equality Acts.
1.1.4
Those awarding contracts shall have a duty to ensure and demonstrate that the best
value for money is obtained, having regard to an appropriate and realistic balance
between price, quality and service considerations.
1.1.6
Unless there are sufficient and explicitly stated reasons to the contrary, a reasonable
show of competition shall be sought as part of all contract-letting processes.
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1.1.7 No contract shall be awarded unless there is delegated authority to award the contract
and there are adequate budget funds available.
1.1.8 The Town Clerk is responsible for ensuring compliance with these CSOs and for
ensuring that staff employed by the Council, and Council Committees who are given
such delegated responsibility have the necessary skills and knowledge appropriate to
the task. Staff have a responsibility to familiarise themselves with these CSOs and
undertake any necessary training.
1.1.9 Proportionate and timely consultation shall take place with elected members regarding
procurement exercises. Most contracts can be let by the Clerk (subject to relevant
delegated authority) without formal reference to members. Only where a contract has
a whole life value of over £10,000 or be deemed to be of particularly high risk,
sensitivity value or other substantial effect on the Council’s objectives or its reputation,
shall the Full Council (or where appropriate the designated committee) be called upon
to take procurement decisions.
1.1.10 In addition to the requirements of clause 1.1.9, where a contract has a whole life value
of between £5,001 and £10,000 the Clerk must first consult with both the Chair and
Vice Chair of the Council’s Finance Committee prior to both commencing a
procurement process and subsequently awarding a contract.
1.1.11 Where elected members are involved in procurement decisions, this should be at both
contract letting strategy and contract award stages.
1.2
Conduct
1.2.1
Members and staff must ensure that when involved in making any procurement
decisions, they always act in the best interest of the Council and the community it
serves.
1.2.2
It is important to be impartial. The Council has policies on gifts & hospitality and on
registering disclosable pecuniary interests, and all members and staff are required to
comply with these.
1.3
Financial values
1.3.1
Unless otherwise stated, any financial values or thresholds stated in these CSOs refer
to the projected value of a contract for its whole duration, not the annual value. For
contracts that have an extension option, then the contract value shall be calculated on
the basis of the original contract period plus the possible extension period. For any
contracts that are for an unspecified period, a ‘default’ duration of four years shall be
assumed for the purposes of calculating the financial value.
1.3.2
No attempt must be made to break down one large purchase into a number of smaller
purchases, solely with the aim of trying to circumvent the financial thresholds specified
in these CSOs. Moreover, it is the aggregated expenditure by the Council as a whole
on like or similar goods and services, rather than that of individual budget holders, that
shall have effect - this being particularly important as regards compliance with the EU
Procurement Directives.
1.3.3
All values stated throughout these CSOs exclude VAT.
Ryde Town Council - Standing Orders - Appendix 1 - Contract Standing Orders V6.0 - May 2019
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1.3.4 The list of all staff having approved delegated authority limits shall be maintained by
the Clerk to the Council. The Clerk will be responsible for ensuring that the Full Council
are provided with the necessary details to enable the list to be kept fully up-to-date.
1.4
Exceptions to the rules
1.4.1 These CSOs do not apply to:
o Contracts of Employment
o Contracts that relate solely to the purchase or acquisition of land and property
1.4.2 In addition, exemptions from the full provisions of these CSOs as regards seeking
competition may apply in the following circumstances:
i.
Genuine emergencies - Critical preventative or remedial work where there is a
real and imminent risk to the safety of people or property arising from a hitherto
unforeseen ‘catastrophic’ event or incident such as fire, bombing, flooding, major
landslide, etc.
ii.
Urgency not of the Council’s own making - The urgency must have been
reasonably unforeseeable (e.g. existing supplier going into liquidation, urgently
imposed statutory changes, etc.) and genuinely be a case of ‘time is of the
essence’. However, urgency arising through problems of the Council’s own making
(whatever the cause and regardless of whether it involved previous delays or
shortage of resources, etc.) shall not in itself justify exemption.
iii.
Collaborative / Joint Purchasing - Where another authority/public body is acting
as ‘lead buyer’ and provided that the person(s) awarding the contract can
demonstrate the arrangements comply with the requirements of all applicable
legislation including, if necessary, the EU Procurement Directives. This includes
any recognised wider public sector agreements including, for example, Office of
Government Commerce (OGC) contracts, etc.
iv.
Sole source of supply - Where suitable goods or service are genuinely only
available from one supplier (e.g. if patent, copyright or other exclusive design rights
exist). Similarly, for any highly specialised/niche services where, for all practical
purposes, no realistic alternative source of supply exists.
v.
Reasons of compatibility - If compatibility with existing goods, equipment or
services is essential (e.g. spare parts/components for existing equipment) or where
additional units are being purchased to match existing equipment and there is an
overwhelming case for matching the existing items on the grounds of functionality,
aesthetics, etc.
vi.
Partnering
- Where a formal partnering arrangement and/or established
framework agreement already exists as the result of an earlier competitive
selection and award process.
1.4.3 No exception to these Contract Standing Orders shall be permitted unless a CSO
Waiver Report has been completed and confirmation of authorisation received. The
waiver form (Annex 2) shall be submitted in the first instance to the Councils Finance
Committee, who shall confirm whether the waiver is granted or if (in the light of the
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particular circumstances and in its judgment) the matter needs to be referred further
to the Full Council for a decision to waive the CSOs.
The waiver report must be submitted and approved prior to any contract being entered
into as a result of any of the circumstances arising detailed in clause 1.4.2. The only
exception to this requirement is in respect of items (i) and (ii) of clause 1.4.2
(Emergencies and Urgency) when the contract waiver report must be submitted at
the earliest possible time after the occurrence of the event. In such circumstances the
Clerk to the Council must verbally inform the Chairman of the Council and Chairman
of the Finance Committee as soon as possible after the event taking place.
1.5
Other considerations
1.5.1
Where they exist, corporate contracts and framework agreements shall be used.
The Clerk to the Council shall be responsible for maintaining and distributing details
of such contracts as necessary.
1.5.2
Any procurement activity shall accord with other relevant Council policies, technical
standards or requirements as necessary e.g. ICT hardware and software compatibility
policy, in-house printing protocol, etc.
1.5.3
Consultants acting as an agent on behalf of the Council are required to operate in
accordance with these Contract Standing Orders. It is the responsibility of the Clerk to
the Council or delegated officer engaging the consultant to ensure such compliance.
Furthermore, the selection and engagement of consultants is a procurement activity
in itself, and therefore subject to these CSOs and the additional guidance provided
within the Procurement Code.
2.
ESTABLISHING AND MANAGING CONTRACTS
2.1
Openness and forward planning
2.1.1
The Clerk to the Council shall maintain a register or database of all the Council’s
current contracts and which must be reported on a quarterly basis to the Finance
Committee, and on an annual basis to Full Council.
2.1.2
As part of any annual service planning process, the Clerk to the Council shall compile
a procurement forward plan identifying the Council’s major contracts (over £75,000 -
refer to clause 1.3.1) that are expected to be procured over the next three years. This
forward plan is to be reported to the Finance Committee.
2.2
Pre-procurement considerations
2.2.1
Realistic consideration
(proportionate to the risk, complexity and value of the
purchase) should be given to possible alternative options. For example, this might
include a fundamental revision of the need for standardisation of the specification;
reuse or recycling of equipment; internal provision of the service; collaboration with
other purchasers; etc.
2.2.2
The involvement of elected members in procurement decisions is generally most
effective at the earlier rather than later stages of the procurement cycle - particularly
in terms of helping to scope the requirement, developing an outline business case and
determining the procurement approach. For example, members can often bring
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valuable insight and perspectives to issues such as how well a proposed requirement
meets the Council’s strategic objectives and its current priorities (“strategic fit”), or
whether a wide enough range of possible supply options (including innovation and/or
collaboration with other organisations etc.) is being explored.
2.2.3
General market research or consultation can be undertaken with potential suppliers
before the issuing of an Invitation to Tender (e.g. regarding the nature or extent of
supply, contract ‘packaging’, etc.) provided this does not prejudice any potential
tenderers. No technical advice on the preparation of an Invitation to Tender or similar
shall be accepted from anyone who may have a commercial interest in this if it might
prejudice the equal treatment of all potential suppliers or distort competition in any
way.
2.3
Seeking competition
2.3.1
Formal competitive tenders shall be invited for any procurement with an estimated
total value of more than £75,000 (Reference is to be made to clause 1.3.1 of these
CSO’s when determining the total value). Tendering opportunities shall be advertised
on the Council’s website and Contracts Finder in accordance with the Public Contracts
Regulations 2015, and as appropriate, in the local press and/or relevant trade
journal(s)
2.3.2
Where applicable, the further requirements of the EU Procurement Directives and
Public Contracts Regulations 2015 must be complied with, including advertising in the
supplement to the Official Journal of the European Union (OJEU) and Contracts
Finder. This potentially affects all contracts above £181,302 in the case of goods and
services, or above £4,551,413 in the case of works contracts (1 January 2018
thresholds). There are additional thresholds for the requirement to advertise in
Contracts Finder and the publication of Prior Information Notices. Regular guidance
should be sought on the application of the EU Procurement Directives and the Public
Contracts Regulations 2015; the values of the relevant thresholds; and the compilation
and submitting of OJEU notices.
2.3.3
For contracts with an estimated value between £5,001 and £24,999 at least three
written quotations from bona fide suppliers should be sought. Requests for Quotations
(RFQ’s) can either be invited from known suppliers to the Council, or when there are
no known suppliers or a wider competition is deemed appropriate then the RFQ can
be advertised. Each contractor responding to the advertisement shall be supplied with
the RFQ documentation. For contracts with a value from £25,000 up to £75,000, the
RFQ will be advertised on Contracts Finder in accordance with the requirements of
the Public Contracts Regulations 2015 and in addition to any other advertising medium
used. Each contractor responding to the advertisement shall be supplied with the RFQ
documentation. This will be in addition to RFQ’s being invited from known suppliers.
At least three written quotations should be obtained.
RFQ’s involve less formality than the tendering process. However, as with an Invitation
to Tender, any Request for Quotation must communicate clearly to the potential
suppliers what is required (the specification).
2.3.4
For contracts up to £5,000, no formal competition is strictly required. However, it is
essential to demonstrate best value is achieved and it will often be appropriate to
obtain more than one quotation in order to do this. The Council shall develop an
Approved List of Contractors for this purpose across a range of supplies, services
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and minor works. This list must be reviewed every three years for approval by Full
Council and reported on an annual basis to the Council’s Finance Committee for
noting. Any major changes during the three year period must be reported to Full
Council for approval.
These requirements are summarised in the following table:
Estimated Total Value
Competition
Advertising Requirements
(i.e. for full duration of
Requirements
contract including any
extension options)
Up to £5,000
No formal competition
No advert required
required, although
requests for quotations
can be sought in order
to demonstrate best
value
£5,001 - £24,999
Obtain at least three
Advertise RFQ in accordance with
written quotations using
clause 2.3.3
the RFQ process.
£25,000 - £75,000
Obtain at least three
Advertise RFQ on the Contracts
written quotations using
Finder website in accordance with
RFQ process.
clause 2.3.3 and as appropriate in
any additional advertising medium.
£75,001 and above
Invitations to Tender
Advertise on the Council and
Contracts Finder websites, the local
press and at least one industry
publication
£4,551,413 and above
Invitations to Tender
Advertise on the Council and
(Works contracts) or
processed in
Contracts Finder web sites, the
£181,302 and above
accordance with the
Official Journal of the European
(Goods and Services
requirements of the EU
Union (OJEU) and at least two
contracts)
Procurement Directives
industry publications
and Public Contracts
(1 January 2018
Regulations 2015.
thresholds)
2.4
Choosing the procurement procedure
2.4.1 The Public Contracts Directive provides for six basic award procedures to choose
from. One of these procedures will be used for all contracts whose total value equals
or exceeds the EU Procurement thresholds detailed in the table above. The choices
are: Open, Restricted, Competitive Dialogue, Competitive Procedure with
Negotiation, Innovations Partnership Procedure, and Negotiated Procedure
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without Prior Notification. The selection of the most appropriate one will be
determined by the Clerk to the Council, delegated officer, or delegated project team,
and shall depend on circumstances as follows:
2.4.2
In Open Procedures, any interested economic operator may submit a tender in
response to a contract notice. The tender shall be accompanied by the information for
qualitative selection that is requested by the contracting authority.
2.4.3
In Restricted Procedures, any economic operator may submit a request to participate
in response to a call for competition by providing the information for qualitative
selection that is requested by the contracting authority. Only those economic operators
invited to do so by the contracting authority following its assessment of the information
provided may submit a tender.
2.4.4
In Competitive Dialogues, any economic operator may submit a request to
participate in response to a contract notice by providing the information for qualitative
selection that is requested by the contracting authority. Only those economic operators
invited by the contracting authority following the assessment of the information
provided may participate in the dialogue.
2.4.5
The Competitive Procedure with Negotiation, any economic operator may submit
a request to participate in response to a call for competition by providing the
information for qualitative selection that is requested by the contracting authority.
2.4.6
The Innovation Partnership Procedure, any economic operator may submit a
request to participate in response to a contract notice by providing the information for
qualitative selection that is requested by the contracting authority. The contracting
authority may decide to set up the innovation partnership with one partner or with
several partners conducting separate research and development activities.
2.4.8
In certain narrowly defined circumstances the contracting authority may also award a
contract using the Negotiated Procedure Without Prior Publication. Here the
contracting authority would approach one or more suppliers seeking to negotiate the
terms of the contract. One of the permitted circumstances is where, for technical or
artistic reasons or because of the protection of exclusive rights, a particular supplier
can only carry out the contract.
2.4.9
Contracting authorities have a free choice between the open and restricted
procedures. The competitive dialogue procedure and the competitive procedure
with negotiation are available where certain criteria are met, including where the
contract is complex or cannot be purchased ‘off the shelf’. The negotiated
procedure without prior publication may only be used in the limited circumstances
described in the Public Contracts Directive.
2.4.10 Contracting authorities using the restricted procedure, competitive dialogue
procedure and the competitive procedure with negotiation must aim to select a
number of suppliers sufficient to ensure genuine competition. Provided there are
sufficient suitable candidates, the Public Contracts Directive requires a minimum of
five for the restricted procedure, and three for competitive dialogue and
competitive procedure with negotiation.
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2.5
Determining tender award / evaluation criteria
2.5.1
Tenders will normally be awarded on the basis of the Most Economically
Advantageous Tender (MEAT) or on Best Price and Quality Ratio (BPQR) (or ‘best
value’ solution) - in other words, a realistic balance between price and quality of
service factors. However, in restricted cases there may be occasions when lowest
cost provides the best value award.
2.5.2
The actual mix between these elements shall be established at the outset of the
tendering process and will depend on various considerations including the complexity
of the project or purchase itself, the degree of innovation sought from suppliers and
the flexibility required in terms of project
/ service delivery, etc. The following
quality/price ratios are deemed to be a realistic split and are given for guidance
purposes, but may be varied depending on particular circumstances:
Qualitative
Type
Pricing Factors
Factors
Straightforward or Repeat
20%
80%
Purchases
Projects or Services of Medium
40%
60%
Complexity
Complex projects or Services or
50%
50%
Products
Innovative or Creative Design
70%
30%
Projects
Feasibility Studies or Consultancy
80%
20%
Work
2.5.3
As far as possible, pricing factors should cover all identifiable elements that make up
the ‘whole-life cost’. Where price is not a fixed sum, but instead comprises a schedule
of prices or rates with no firm commitment as to quantities then a best endeavours or
notional bill of quantities shall be incorporated into the Invitation to Tender/evaluation
process to facilitate satisfactory total price comparisons between tenderers.
2.5.4
The various qualitative award criteria must be appropriate to the contract in question
and reasonably expected to provide a best value outcome. These qualitative factors
can include moderate recognition of what are often termed
‘Corporate Social
Responsibility’ issues. In other words, taking into account how well each supplier is in
accord with the Council’s own policies, objectives and values in relation to, for
example, care for the environment; promoting equalities & diversity; supporting fair
trade; well-being of the local community; etc. Reference should also be made to the
Public Contracts Regulations 2015, and EU Public Procurement Directive for further
information on qualitative award criteria that may be used.
2.5.5
The award criteria (though not necessarily the actual weightings to be applied to each
criterion in the evaluation model) should be stated to prospective tenderers in the
Invitation to Tender (ITT) documentation. Subsequently, evidence of each tenderer’s
suitability to supply shall be judged against these criteria - usually by small panel of
suitably knowledgeable officers (typically up to 3) convened as required.
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2.6
Preparation of invitation to tender
2.6.1
Every effort shall be made to produce clear and straightforward Invitation to Tender
documentation. Whenever practical, specification details should focus on successful
outcomes rather than being unnecessarily prescriptive as to the precise method of
achieving those outcomes, as potentially this can encourage innovation from tenderers
and avail particular market expertise. Similarly, variant bids (i.e. allowing tenderers to
suggest possible variations or alternative ways in which they might satisfy the potential
contract) should be an allowable option and duly considered in the pursuit of best
value.
2.7
Receipt and opening of tenders
2.7.1
A reasonable length of time must be allowed for tenderers to compile and submit their
bids, having regard to the complexity of the tender and, when appropriate, any
mandatory timescales under the EU Procurement Directives and Public Contracts
Regulations 2015. The Invitation to Tender must state clearly the latest date and time
that tender bids can be received by. Any tenders received after the closing date shall
not be considered unless there is clear evidence that it was posted at least the day
before the closing date and any delay in delivery was wholly outside the control of the
tenderer.
2.7.2
All tenders submitted must be in official tender envelopes and are to be posted or
delivered to the Ryde Town Council Offices, where they will be held in a secure locked
box until the designated tender closing date. The Clerk to the Council and the
authorised project officer or Council member will then open all the tenders received
and record the value of each tender bid in a register maintained for that purpose. No
assessment or recording of any of the qualitative information shall be practical at this
stage.
2.7.3
The tenders shall then be passed to the lead project manager or authorised person
responsible for the tender, who shall arrange the evaluation of the tenders.
2.8
Evaluation and award of contract
2.8.1
All compliant tenders shall be checked for basic arithmetic accuracy. If any arithmetical
errors are found they must be notified to the tenderer who shall be given the
opportunity to confirm (urgently and in writing) what the correct price is or withdraw the
tender bid altogether. No amendments to the billed rates shall be allowed.
Commonsense shall prevail as to the nature of any such errors and that they do not
undermine the basic integrity of the tendering process.
2.8.2
All tenders shall be evaluated against the designated award criteria (see section 2.5).
2.8.3
The appropriate delegated person, normally the Clerk to the Council is empowered to
award contracts without formal reference to elected members for contracts up to a
value of £10,000, provided CSOs have been fully complied with. However, if the
contract up to this value is considered to be of a particularly important or sensitive
nature, the approval of the Full Council, or delegated Council Committee, to award the
contract shall be obtained. In addition, the requirements of Clause 1.1.10 must also
be met for contracts whose whole life value lies between £5,001 and £10,000.
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2.8.4 The authority to request quotations, invite tenders and award contracts is summarised
in the following table:
Summary of delegated authority for procurement
Person
Request
Request for
Invite tenders
Award contracts
for
Quotations
(Values above
(subject to necessary
Quotations
(Values
£75,000)
budget available)
(Values up
between
to £10,000)
£10,001 and
£75,000)
Clerk to
No
By authority of
By authority of
No restriction for Quotes
the
Restriction,
the Full Council,
the Full
up to £10,000 in value,
Council.
but subject
or Delegated
Council, or
unless of a strategically
to clause
Council
Delegated
important or politically
1.1.10
Committee.
Council
sensitive nature, but also
Committee.
subject to clause 1.1.10
By authority of the Full
Council or Delegated
Council Committee for all
contracts of value above
£10,000
Delegated
No
By authority of
By authority of
No restriction for Quotes
Officer
Restriction,
the Full Council,
the Full
up to £10,000 in value,
authorised
but under
or Delegated
Council, or
unless of a strategically
by the Full
the
Council
Delegated
important or politically
Council, or
direction of
Committee, and
Council
sensitive nature, but also
delegated
the Clerk to
under the
Committee,
subject to clause 1.1.10
Council
the Council.
direction of the
and under the
Committee
Clerk to the
direction of the
By authority of the Full
, and
Council.
Clerk to the
Council or Delegated
under the
Council.
Council Committee for all
direction of
contracts of value above
the Clerk
£10,000.
to the
Council.
Both of the above under
the direction of the Clerk
to the Council.
2.8.5 Performance bonds shall not be required as a matter of course, as in many instances
they can drive up costs unnecessarily and out of proportion to the real exposure to risk
of a failing supplier. However, they shall be considered if there are genuine concerns
about the stability of a particular supplier. In such instances, the bond must be in place
before the commencement of work by the supplier.
2.8.6 Suppliers and contractors are required to have appropriate public liability insurance
cover (and professional indemnity insurance where deemed necessary) that provides
a realistic level of protection to the Council and is proportionate to the value/risks
Ryde Town Council - Standing Orders - Appendix 1 - Contract Standing Orders V6.0 - May 2019
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involved. (Note: Typically, a “standard” public liability cover level of £10million for any
one single incident shall be sought, although alternative levels may be considered
acceptable in relation to the adjudged risks.)
2.9
Debriefing of unsuccessful tenderers
2.9.1 If requested, unsuccessful tenderers shall be given constructive feedback on why their
bid was unsuccessful. This must not betray any commercially confidential information
provided by other tenderers, whilst the requirements of the Freedom of Information
Act shall be properly considered.
2.9.2 The full requirements of the EU Procurement Directives and Public Procurement
Regulations 2015 must be followed when procuring goods, services, or works that
require these procedures to be followed.
2.10 Contract documentation
2.10.1 In many instances, a straightforward acceptance letter (and/or purchase order) by the
Council of a supplier’s tender shall be sufficient to form the binding contract. However,
a pre-requisite for this is that the Invitation to Tender document itself is well-structured
in the first place (including the inclusion of the Council’s chosen terms and conditions)
and that good records are kept of all salient correspondence with the supplier
concerning the agreement itself, such that there can be no doubt about the rights and
obligations of both parties to the contract.
2.10.2 Contract documentation should normally be subject to approval by the Councils legal
representatives, particularly where it is of high risk or strategically sensitive. The formal
sealing of contracts shall not be deemed necessary except on Legal advice.
2.10.3 All contracts shall provide for contractors’ obligations in relation to Human Rights,
Freedom of Information, Data Protection and other statutory obligations as required.
2.10.4 The delegated person or committee awarding the contract shall complete a Contracts
Register Form (Annex 1) for collation by the Clerk to the Council within two weeks
of award of contract so that the Council’s Contracts Register can be updated. Where
required, a mandatory Contract Award Notice (including those for Part B Services)
shall be published in the OJEU within the statutory 48 day period from award of
contract.
2.10.5 The Council’s Contracts Register should contain details of the procurement exercise
to trap key information about the contract (e.g. the goods and services and or works,
values, date started, expiry date, procurement category etc)(See also Annex 1).
2.11 Variations and extensions
2.11.1 Reasonable variations to the contract can be agreed with the supplier during the
lifetime of the contract provided they comply with the spirit of these Contract Standing
Orders and be within the delegated authority limits of the relevant delegated officer(s)
or Council Committees.
2.11.2 Options to extend a contract must have been stated in principle in the original Invitation
to Tender.
Ryde Town Council - Standing Orders - Appendix 1 - Contract Standing Orders V6.0 - May 2019
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