Constitution Part 4 - Contract procedure rules

Part D - Best price procedures

7. Tender Procedure 

  • i) Works contracts over £5,372,609 (inclusive of VAT)  
    Goods materials or Services Contracts over £214,904 (inclusive of VAT)
    (In-house bid contracts over £100,000)  

All contracts which exceed £5,336,937 in value or amount for the execution of any works, or £213,477 in value or amount for the supply of goods, materials or services shall be procured in accordance with the Procurement Act 2023. 

8. Public Notice provisions

Publication of Contract Opportunity Notices

Procurement processes subject to the tender procedure described in paragraph 7 are governed by the requirements of the Procurement Act 2023.

The following public notice provisions are also governed by the requirements of the Procurement Act 2023 but are further defined by these Contract Procedure Rules.  Publication rules apply to procurement processes classed as above threshold under the Procurement Act 2023 and aspects are covered for below threshold procurements as outlined in the Procurement Act 2023.

Application of certain public notice provisions is optional, however, where these provisions are applied AND the value of the contract to be awarded is in excess of £30000 an advertisement MUST be placed on the Government’s Central Digital Platform

The Corporate Procurement team will place this advert on behalf of the procuring officer/team.

  • i) At least seven calendar days public notice shall be given
    • in one or more local newspapers circulating in the district, and/or
    • on the procurement pages of the Council’s website, and/or
    • on the Council’s chosen procurement portal and/or
    • where deemed appropriate, in one or more newspapers or journals circulating among such persons as undertake such contracts,

expressing the nature and purpose of the contract, inviting tenders for its execution and stating the last date (not less than 14 days after appearance of the public notice) when tenders will be received.

  • ii) After the date specified in the public notice, invitations to tender for the contract shall be sent to not less than four of the persons who applied for permission to tender, selected by the Chief Officer in the approved manner, either generally or in relation to a particular contract or category of contract or, if fewer than four persons have applied and are considered suitable, to all such persons.

Publication of Contract Award notices

All contracts awarded with a value in excess of £30,000 MUST be notified to the Corporate Procurement Team so that details can be submitted to the Government’s Central Digital Platform. 

9. Selected tenderers provisions

  • i) This rule applies where it has been determined that formal requests for quotations are to be restricted to persons whose names appear on a Selected List of Contractors compiled under Part B - Rule 2. An invitation to quote for that contract shall be sent to at least four of those persons included in the list as being approved for a contract for that value or amount or of that category, or, if there are fewer than four such persons, to all such persons. If there are four or more such persons, the persons to whom invitations are sent shall be selected by the Chief Officer in the manner approved, either generally or in relation to a particular contract or to a category of contracts.

10. Acceptance of tenders / quotations

  • i) A tender/quotation:
    • other than the lowest tender / quotation if payment is to be made by the Council or
    • other than the highest tender / quotation if payment is to be received by the Council,

shall have the reason for its acceptance recorded and notified to the Finance and Corporate Affairs Committee on a quarterly basis.