Financial Regulations

11. Contracts

Procedures as to contracts are laid down as follows:

  1. Every contract shall comply with these financial regulations, and no exceptions shall be made otherwise than in an emergency provided that this Regulation 11.1 need not apply to contracts which relate to items below:
    1. for the supply of gas, electricity, water, sewerage and telephone services;
    2. for specialist services such as are provided by legal professionals acting in disputes;
    3. for work to be executed or goods or materials to be supplied which consist of repairs to or parts for existing machinery or equipment or plant;
    4. for work to be executed or goods or materials to be supplied which constitute an extension of an existing contract by the Council;
    5. for additional audit work of the external auditor up to an estimated value of £500 (in excess of this sum the RFO shall act after consultation with the Chair and Vice Chair of Council); and
    6. for goods or materials proposed to be purchased which are proprietary articles and / or are only sold at a fixed price.
  2. Where the Council intends to procure or award a public supply contract, public service contract or public works contract as defined by The Public Contracts Regulations 2015 or as amended or superseded by subsequent legislation (the 'PCR') at the limits defined within and being in force at the time of order, the Council shall comply with the financial threshold requirements of the PCR.
  3. When applications are made to waive financial regulations relating to contracts to enable a price to be negotiated without competition the reason shall be embodied in a recommendation to the Council.
  4. Such invitation to tender shall state the general nature of the intended contract and the RFO shall obtain the necessary technical assistance to prepare a specification in appropriate cases. The invitation shall in addition state that tenders must be addressed to the Clerk RFO in the ordinary course of post. Each tendering firm shall be supplied with a specifically marked envelope in which the tender is to be sealed and remain sealed until the prescribed date for opening tenders for that contract.
  5. All sealed tenders shall be opened at the same time on the prescribed date by the RFO in the presence of at least one member of Council.
  6. Any invitation to tender issued under this Regulation 11.6 shall be subject to Standing Orders18.4 and shall refer to the terms of the Bribery Act 2010.
  7. When it is to enter into a contract of less than the financial threshold specified by the PCR applicable at the time of order, for the supply of goods or materials or for the execution of works or specialist services other than such goods, materials, works or specialist services as are excepted as set out in paragraph 11.1, the RFO shall obtain three quotations (priced descriptions of the proposed supply); where the value is below £3,000 and above £150 the RFO shall strive to obtain three estimates. Otherwise, Regulation 10.3 above shall apply.
  8. The Council shall not be obliged to accept the lowest or any tender, quote or estimate.
  9. Should it occur that the Council, or duly delegated committee, does not accept any tender, quote or estimate, the work is not allocated and the Council requires further pricing, provided that the specification does not change, no person shall be permitted to submit a later tender, estimate or quote who was present when the original decision-making process was being undertaken.