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Contract standing orders

Contract Standing Orders (CSOs)

(Approved 12 January 2011, revised 22 October 2014 – PCR 2015 and January 2016 New EU thresholds) Approved Minute 904(e) comes into force 1/1/2017

1. Introduction - Purpose of the Contract Standing Orders

1.1 Purchasing decisions and processes are important because the money involved is public money. The purpose of these Contract Standing Orders is to  provide  a  structure  within  which  purchasing  decisions are  made  and implemented and which ensure that the Council:

 1.1.1 Furthers its corporate objectives.

 1.1.2 Uses its resources efficiently.

1.1.3 Purchases quality goods, services and works.

1.1.4 Safeguards its reputation from any implication of dishonesty or corruption.

1.2 Purchasing  by  the  Council,  from  planning  to  delivery,  shall  incorporate (where appropriate) principles of sustainability, efficiency, whole life costings and cost savings.

1.3 These Contract Standing Orders are made in accordance with the requirements of Section 135 of the Local Government Act 1972.

1.4 These Contract Standing Orders do not provide guidelines on what is the best way to purchase works, supplies (goods) and services.  They set out minimum requirements to be followed. Further information and guidelines are set out in the Council’s Purchasing Guide, Procurement Strategy, Code of Conduct, Safety Policy, Equal Opportunities Policy, Local First Policy, Safeguarding Policy, Commissioning Framework, Protected Disclosure Policy (Whistleblowing) and Data Quality Standard.

2. General Principles - Application and Compliance with Contract Standing Orders

2.1  These Contract Standing Orders apply to the purchase by or on behalf of the Council of works, supplies (goods) and services.

2.2 These Contract Standing Orders apply to all contracts including all purchase orders,  concessions and contractual arrangements entered into by or on behalf  of  the  Council,   except  for  the  specific  types  of  contracts  and purchasing methods which are listed in 2.3.

2.3 These Contract Standing Orders do not apply to:

2.3.1 Employment contracts;

2.3.2 Contracts relating solely to the purchase or sale of interests in land;

2.3.3 Contracts for retention of legal counsel and the appointment of expert witnesses in legal proceedings;

2.3.4 Service level agreements setting out the conditions which the Council applies to it’s funding of particular voluntary sector bodies;

2.3.5 Contractual  arrangements  with  other  local  authority’s  or similar body’s where the Council is not the lead authority in which case the lead authority’s Standing Orders shall prevail.  Contracts involving shared services, the CSO of the lead authority in the partnership shall apply even if different from the Council’s;

2.3.6 Framework Agreements providing that the head of Legal and finance has agreed the terms of the Framework Agreement.

2.4 These Contract Standing Orders apply to the purchase by or on behalf of the Council of works, supplies (goods) and services.

2.5 These Contract Standing Orders apply to all contracts including all purchase orders,  concessions and contractual arrangements entered into by or on behalf  of  the  Council,   except  for  the  specific  types  of  contracts  and purchasing methods which are listed in 2.3.

2.6 These Contract Standing Orders do not apply to:

2.6.1 Employment contracts;

2.6.2 Contracts relating solely to the purchase or sale of interests in land;

2.6.3 Contracts for retention of legal counsel and the appointment of expert witnesses in legal proceedings;

2.6.4 Service level agreements setting out the conditions which the Council applies to it’s funding of particular voluntary sector bodies;

2.6.5 Contractual  arrangements  with  other  local  authority’s  or similar body’s where the Council is not the lead authority in which case the lead authority’s Standing Orders shall prevail.  Contracts involving shared services, the CSO of the lead authority in the partnership shall apply even if different from the Council’s; 

2.6.6 Framework Agreements providing that the head of Legal and finance has agreed the terms of the Framework Agreement.

3. General Principles Applying to All Contracts

3.1 All orders used in connection with Contracts shall be on the Council’s official order template;

3.2 Standard contract clauses shall be used in all contracts of a value of £25,000 or more. The standard contract clauses are issued by Legal Services and can be found on the intranet;

3.3 As a minimum, all contracts of a value of £25,000 or more shall include clauses which set out:

3.3.1 The works, supplies (goods), services, material, matters or things to be carried out or supplied;

3.3.2 The time within which the contract is to be performed;

3.3.3 Quality requirements and / or standards which must be met. Including arrangements for securing good data quality;

3.3.4 Requirements on the contractor to hold and maintain appropriate insurance/s / licenses;

3.3.5 What happens in the event that the contractor fails to comply with its contractual obligations (in whole or in part);

3.3.6 Requirements  on  the  contractor  and  sub-contractors  to comply  with  all  relevant  equalities  and  health  and  safety legislation;

3.3.7 That the Council shall be entitled to cancel the contract and recover losses in the event that the contractor does anything improper to influence the Council to give the contractor any contract  or  commits  an  offence  under  the  Prevention  of Corruption Acts 1889 to 1916 or s117(2) Local Government Act 1972;

3.3.8 Arrangements required to address Public Interest Disclosure (Whistleblowing) issues that arise;

3.3.9 All contract conditions and  form of tender and declarations must contain reference to the Bribery Act 2010;

3.3.10 All contracts above the relevant EU threshold must contain reference to the Social Value Act, consideration will always be given for contracts. below the relevant EU threshold.

3.4 Written contracts shall not include non-commercial terms unless these are necessary to achieve best value for the Council.  In this context, “non-commercial” means requirements unrelated to the actual performance of the contract.

3.5 All  contracts  shall  include  relevant  specifications  and / or  briefs / technical requirements which are prepared taking Into account the need for effectiveness of delivery, quality, sustainability and efficiency (as appropriate) and the information set out in the Council’s Purchasing Guide.  All procurement documentation including specifications and / or briefs / technical requirements and relevant contractual documentation need to be advertised all at the same time regardless of the procurement procedure.

3.6 All contracts of a value of £25,000 or more or which involve a substantial risk to the Council must be subject to a written risk assessment, which should be kept on the contract file.

4. Regulatory Context

4.1 All purchasing shall be conducted in accordance with Regulatory Provisions which are:

4.1.1 All relevant statutory provisions;

4.1.2 The Council’s Constitution including these Contract Standing Orders, the Council’s Financial Regulations and Scheme of Delegation;

4.1.3 The Council’s Purchasing Guide and other policies and procedures of the Council as appropriate;

4.2 In the event of conflict in legislation, E.U.  Rules will take precedence, followed by UK legislation, then the Council's Constitution, the Council’s Purchasing Guide the Council’s and guidelines, policies and procedures.

5. Responsibilities of Directors and Responsible Officers

5.1 Each Director shall:

5.1.1 be responsible for the purchasing undertaken by his / her Directorate;

5.1.2 be accountable to the Cabinet for the performance of his / her duties in relation to purchasing;

5.1.3 comply with the Council's decision making processes including, where appropriate, implementing and operating a Scheme of Delegation;

5.1.4 appoint a Responsible / Lead Officer in writing who shall be an authorised signatory;

5.1.5 take  immediate  action  in  the  event  of  breach  of  these Contract Standing Orders.

5.2 A  Responsible / Lead Officer  is  an  officer  with  responsibility  for  conducting purchasing   processes  for  the  purchase  of  works,  supplies  (goods)  or services on behalf of the Council.

5.3 A Responsible / Lead Officer’s duties in respect of purchasing are to ensure:

5.3.1 compliance with all Regulatory Provisions and integrity of the tender process;

5.3.2 compliance with the relevant statutory provisions and the Council’s requirements relating to declarations of interest affecting any purchasing process;

5.3.3 that there is an appropriate analysis of the requirement, timescales, procedure and documentation to be used;

5.3.4 the purchasing process, from planning to delivery incorporates (where appropriate) principles of sustainability, efficiency, whole life costings and cost savings;

5.3.5 compliance with the Council's decision making processes;

5.3.6 that all contracts of a value of £5,000 or more are included on the Council’s Contract Register;

5.3.7 that proper records of all contract award procedures, waivers,  exemptions and  extensions are  maintained, with separate  files for each purchase of a value of £25,000 or more;

5.3.8 All Contracts over £25,000 will be:

1.   In the form approved by Legal Services; 

2.   executed; 

3.   a minimum of three copies of this contract are required; one to be stored in the Council’s strong room; the second to the winning bidder/s and a copy for the lead officer or their staff. An electronic copy of the signed / sealed contract is to be emailed to procurement.

5.3.9 that value for money is achieved;

5.3.10 that a risk assessment is carried out to ascertain whether a bond or guarantee is required to protect the Council in the event of non-performance.

5.4 In considering how best to procure works, supplies and services, Directors and / or  Responsible Officers (as appropriate in the context), shall take into account wider  contractual delivery opportunities and purchasing methods including the use of  Purchasing Schemes and e-procurement / purchasing methods, and the availability of local authority charging and trading powers under the Local Government Act 2003.

5.5 It is a disciplinary offence to fail to comply with these Contract Standing Orders and the Council’s Purchasing Guide.  All employees have a duty to report breaches of Contract Standing Orders to the Corporate Services Director.

5.6 Any officer or Member who suspects any misconduct or corruption in relation to the purchase by or on behalf of the Council of works, supplies (goods) and services must immediately report that suspicion to the Head of Internal Audit.

6. Scheme of Delegation

6.1 Council purchasing may only be undertaken by officers with the appropriate delegated  authority  to  carry  out  such  tasks  as  set  out  in  the  Council's Scheme(s)  of   Delegation.  Officers with delegated authority may only delegate to other officers who have the appropriate skills and knowledge for the task and such delegation shall be recorded in writing by the officer delegating the task and notified to the relevant Director.

6.2 Officers shall, where appropriate, be informed by their Director of the extent of any delegated authority and applicable financial thresholds.

7. Financial Thresholds and Procedures

7.1 The  table  below  sets  out  the  general  rules  applying  to  the  choice  of purchasing procedure for contracts at the stated threshold values.  All Figures quoted in this document are exclusive of VAT.

7.2 There is a general presumption in favour of competition.  Wherever possible, contract opportunities should be advertised by way of a public notice.  The Council must consider the potential effect of a contract on interstate trade (at a European level).  If a contract may be of interest to contractors from other member states then this may result in a need to advertise in a manner which ensures that potential contractors from other member states are aware of the opportunity, even for small value contracts or contracts under the E.U. Threshold levels outlined below.

7.3 The  public  notice  referred  to  at  7.2  may  take  the  form  of  a  notice  or advertisement  in  an  electronic or  paper format,  on  an  easily accessible website  or  other electronic  media and / or in  the press, trade journals or Official  Journal  of  the  European  Union   (“OJEU”)  (as  appropriate).  The Responsible / Lead Officer may choose to place one or more public notices in different media. As a minimum any tender valued at £25,000 or above will be advertised on www.swale.gov.uk, the Kent Portal and Contracts Finder. 

7.4 Table setting out financial thresholds and procedures

Total Value (£)Type of ContractProcedure to be Used
£0 - £999 Works, supplies and services
  • a) At least one quotation in advance;
  • b) All purchases however small to be in writing, on an official order;
  • c) Approved by the relevant Head of Service or authorised officer;
  • d)  Officer should be able to provide a rationale for why they selected the provider used.
Procedure to be used £1000 to £4999 Works, supplies and services
  • a) At least two quotes in advance;
  • b) All purchases however small to be in writing, on an official order;
  • c) Consideration given to Purchasing Scheme’s e.g. to provide better V.F.M.;
  • d) Approved by the relevant Head of Service or authorised officer;
  • e) Records maintained to demonstrate probity and V.F.M. obtained.
Procedure to be used £5000 to £24,999 Works, supplies and services
  • a) At least three quotes in advance;
  • b) Contracts & Procurement need to be made aware of any procurement where the whole life value is >£5,000.
  • c) All purchases however small to be in writing, on an official order
  • d) Consideration given to Purchasing Scheme’s e.g. to provide better V.F.M.;
  • e) Approved by the relevant Head of Service or authorised officer;
  • f) Records maintained to demonstrate probity and VFM obtained;
  • g) Record to be entered on the Council s Contract Register;
Procedure to be used £25,000 to £74,999 Works, supplies and services
  • a) At least three electronic  tenders in advance
  • b) As a minimum to be advertised on www.swale.gov.uk, the Council’s E-procurement System plus  Contract Finder;
  • c) Tenders opened at the same time by the Democratic and Electoral Services Manager (or nominee), in the presence of the Responsible Officer (or nominee) and a suitable person from Legal Services (or Nominee); 
  • d) Record to be entered on the Council s Contract Register;
  • e) Contracts in writing using the standard clauses and to include the core clauses as set out within the CSOs document;
  • f) Award of contract approved by the Responsible Officer plus signed by another officer;
  • g) Risk assessment conducted (in writing) and kept on the file.
Procedure to be used £75,000 to £164,176** Supplies and services
  • a) At least three written tenders in advance;
  • b) As a minimum to be advertised www.swale.gov.uk the Kent and Business Portal plus Contract Finder;
  • c) List of contractors invited to tender approved by the Responsible Officer;
  • d) Tenders opened at the same time by the Democratic and Electoral Services Manager (or nominee), in the presence of the Responsible Officer (or nominee) and a suitable person from Legal Services (or Nominee);
  • e) Tenderers subjected to Financial Appraisal prior to award of tender;
  • f) Approval required from the Cabinet for award of contract, waiver from CSOs and extensions to contracts;
  • g) Contract executed as a deed;
  • h) Record of the contract entered on the Councils Contract Register;
  • i)  Standard contract clauses to be used and to include the core clauses as set out within the CSOs document;
  • j)  Risk assessment conducted (in writing) and kept on the file.
Procedure to be used £164,176** plus **EU Threshold Supplies and services
  • a) EU Rules apply – full competitive process with tenders following advertisement in the O.J.E.U. for supplies and services, there is a presumption in favour of advertising and a competitive process.  This will also be advertised on the Swale website, The Council’s e-procurement system and Contract Finder.
  • b) Points a; c; d; e; f; g; h; I and j as above for works, supplies and services for £75,000 to £164,176,934**
Procedure to be used £164,176 to £4,104,394** Works
  • a) Points a – j as above for works, supplies and services for £75,000 to £164,176**
Procedure to be used £589,148** Plus **EU Threshold Light Touch Regime Services
  • a) Points a – j as above for works, supplies and services for £75,000 to £589,148**
Procedure to be used £4,104,394** plus **EU Threshold Works
  • a) EU Rules apply – full competitive process with tenders following advertisement in the O.J.E.U.
  • b) Points a; c; d; e; f; g; h; I and j as above for works, supplies and services for £75,000 to £164,176**

* For the purposes of the EU Rules services are divided into two types and the EU Rules apply to a different degree. Responsible Officers should act cautiously and seek advice when considering the procedure to be used and application of the EU Rules to services contracts. ** or relevant threshold in force at the time under the EU Rules.

7.5 Where contracts are of a type and value which means that they are subject to the EU Rules then there are four main types of EU procedures available. These are the open, restricted, competitive dialogue and competitive negotiated procedures. Care must be taken to ensure that the correct and most appropriate procedure is used and assistance on the choice and use of EU procedure should be sought from Legal Services or the Procurement team.

7.6 Financial appraisals shall be carried out by Financial Services on all Contractors submitting a bid of £75,000 and above, this will be undertaken at the PQQ or suitability assessment stage. For contracts above £30,000 but not exceeding £74,999, prior to award of contract the proposed successful contractor shall be subject to financial appraisal by Financial Services.

7.7 Contracts with a high degree of complexity or where there is a lack of knowledge in house may require the assistance of a consultant.  With Director approval, the Lead Officer may need to compile a pre-inception document, (PID) and a Performance Fund Bid to SMT prior to any procurement.

8. Financial Thresholds and Processes Applying to Approval and Execution of Contracts

8.1 For contracts over the relevant EU Threshold (in force at the time), the choice of purchasing procedure to be used and the decision to proceed to advertisement  must  be  authorised  in  writing  by  the  relevant  Director  in advance.
8.2 When a decision is made to award a contract then the Responsible Officer must, in addition to complying with his / her general obligations under these Contract Standing Orders ensure, in particular, that:
8.2.1 the appropriate approvals have been obtained to authorise that decision; and;
8.2.2 where appropriate, a standstill period complying with the EU Rules is incorporated into the final award process.
8.3 All contracts valued at £75,000 or above must be reported to the Cabinet for approval and shall be executed as a deed, there is a 5 calendar  day call in period post Cabinet, Once the Minutes have been published, usually the following Monday) All other contracts may be signed by officers with appropriate delegated authority.  £74,999 shall be the threshold for the purposes of Regulation 8 of the Local Authority (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001.
8.4 Electronic signatures may be used in accordance with the Electronic Signature Regulations 2002 provided the sufficiency of security arrangements has been approved by the Director of Corporate Services.

8.1 For contracts over the relevant EU Threshold (in force at the time), the choice of purchasing procedure to be used and the decision to proceed to advertisement  must  be  authorised  in  writing  by  the  relevant  Director  in advance.

8.2 When a decision is made to award a contract then the Responsible Officer must, in addition to complying with his / her general obligations under these Contract Standing Orders ensure, in particular, that:

8.2.1 the appropriate approvals have been obtained to authorise that decision; and;

8.2.2 where appropriate, a standstill period complying with the EU Rules is incorporated into the final award process.

8.3 All contracts valued at £75,000 or above must be reported to the Cabinet for approval and shall be executed as a deed, there is a 5 calendar  day call in period post Cabinet, Once the Minutes have been published, usually the following Monday) All other contracts may be signed by officers with appropriate delegated authority.  £74,999 shall be the threshold for the purposes of Regulation 8 of the Local Authority (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001.

8.4 Electronic signatures may be used in accordance with the Electronic Signature Regulations 2002 provided the sufficiency of security arrangements has been approved by the Director of Corporate Services.

9. Calculating the Contract Value

9.1 The starting point for calculating the contract value for the purposes of these Contract Standing Orders is that the contract value shall be the genuine pre- estimate of the value of the entire contract (whole life value) excluding Value Added Tax. This includes all payments to be made, or potentially to be made, under the entirety of the contract and for the whole of the predicted contract period (including proposed extensions and options).

9.2 Contracts may be split into lots where it is practical to do so. However, the aggregated cost of the lots shall determine the contract’s whole of life value and the procurement process to be followed.   Artificial splitting of a contract to avoid the application of the procurement rules or these CSOs is not permitted.  However, should lots not be used then Reg. 84 applies i.e. individual report as to why lots were not used.

9.3 The EU Rules cover contracts which are below the stated EU threshold where they constitute repeat purchases and / or purchases of a similar type in a specified period. Responsible Officers should therefore seek advice on the application of the E.U. Rules where they envisage that they may require repeat purchases and / or purchases of a similar type.

10. Principles Underlying Tendering Processes and Tender Evaluation

10.1 All  tendering  procedures  (including  obtaining  quotes),  from  planning  to contract award  and signature, shall be undertaken in a manner so as to ensure:

10.1.1 Sufficient time is given to plan and run the process;

10.1.2 Equal opportunity and equal treatment;

10.1.3 Openness and transparency;

10.1.4 Probity;

10.1.5 Outcomes which deliver sustainability, efficiency and cost savings (where appropriate).

11. Submission and Opening of tenders

11.1 An Invitation to Tender shall be issued by the Council for all contracts over £25,000 using the Council’s e-procurement system and tenders shall be submitted in accordance with the requirements of the Invitation to Tender.

11.2 Any tenders received (other than those received electronically, to which 11.3 shall apply) shall be:

11.2.1 addressed to the Democratic and Electoral Services Manager;

11.2.2 in a sealed envelope marked “Tender” followed by the subject matter to which it relates;

11.2.3 kept in a safe place by the Democratic  and  Electoral Services Manager;

11.2.4 retained unopened until the date and time specified for its opening.

11.3 Where the Council has indicated in the Invitation to Tender that a tender can or must be submitted electronically, then those tenders shall be:

11.3.1 addressed to the e-mail address as notified in the Invitation to Tender;

11.3.2 in the format specified in the Invitation to Tender;

11.3.3 stored in a secure mailbox, which requires a code or other appropriate security measure, to open it;

11.3.4 retained unopened until the date and time specified for its opening;

11.4 No tender received after the time and date specified for its opening shall be accepted  or  considered  by  the  Council  unless  the  relevant  Director  is satisfied  that  there  is   sufficient  evidence  of  the  tender  having  been dispatched in time for it to have arrived before the closing date and time, or other exceptional circumstances apply and the other tenders have not been opened.

11.5 All tenders of £25,000 and above are to be opened in the presence of the Democratic and Electoral Services Manager (or nominee), and a suitable person from Legal Services (or Nominee).

An  immediate  record  to  be  made  of  the  tenders  received including names and addresses  and the date and time of opening, this record to be retained by the Democratic and Electoral Services Manager and Procurement.

12. Evaluation of Quotes and Tenders

12.1 All quotes and tenders shall be evaluated in accordance with evaluation criteria notified in advance to those submitting quotes / tenderers.  Evaluations shall be undertaken in accordance with the Council’s evaluation procedure, P.16.

12.2 Tenders subject to the EU Rules shall be evaluated in accordance with the EU Rules.

12.3 Save in exceptional circumstances approved in advance by the relevant Director all contracts shall be awarded on the basis of the quote or tender which represents the Most Economical and Advantageous Tender to the Council and not on the basis of lowest price.

12.4 Post tender negotiations will only be used in special circumstances and after approval from the relevant Director. (Seek guidance from the procurement team first)

13. Waivers

13.1 The requirement for the Council to conduct a competitive purchasing process for contracts in excess of £5,001 may be waived in the following circumstances.

13.1.1 For contracts which are not subject to the EU Rules, the work, supply or service is required as a matter of urgency and a delay would  be  likely  to  lead  to  financial  loss,  personal injury  or damage to property; or

13.1.2 the circumstances set out in EU Regulation 14 apply (whether or  not  the  contract  is  of  a  type  which  is  subject  to  the application of the EU Rules); or

13.1.3 the contract is awarded under a Purchasing Scheme of a type where a competition has already been undertaken on behalf of the Council; or

13.1.4 at the discretion of the relevant Head of Service who may for contracts exceeding £25,000 but not exceeding £74,999 proceed in a manner most expedient to the efficient management of the service / Council with reasons recorded in writing.

13.2 A Responsible / Lead Officer who seeks a waiver of Contract Standing Orders, shall do so only in advance and only in exceptional circumstances. Further guidance  on  what  may  constitute  exceptional  circumstances  permitting waiver  of  these  Contract  Standing  Orders  is  set  out  in  the  Council’s Purchasing Guide.

13.3 All waivers from these Contract Standing Orders must be:

13.3.1 Fully documented;

13.3.2 Subject to a written report in an approved format. For contracts not exceeding £74,999 the report shall be submitted in advance to Procurement and include the reasons why the waiver is genuinely required.  For contracts of £75.000 and above the report shall be submitted to the Cabinet;

13.3.3 Subject to agreement in advance by the Head of Commissioning and Customer Contact and in consultation with the Heads of Mid Kent Legal Services and Finance as appropriate, who shall, for contracts exceeding £25,000 but not exceeding £74,999, record that they have considered the reasons for the waiver and that they are satisfied that the  circumstances  justifying  the  waiver.  The Contracts and Procurement Manager and Contracts and Procurement Support Manager have the delegated authority to consider and approve Waivers valued between £1,000 to £24,999 and record that they have considered the reasons for the waiver and that they are satisfied that the circumstances justifying the waiver are genuinely exceptional.  Waiver from competitive purchasing process for contracts of £75.000 and above must be approved in advance by the Cabinet.  In the report to Cabinet a recommendation; “Cabinet agree to the waiver requested in relation to the [works, goods / services] contract and that the Head of Commissioning and Customer Services be authorised to complete the necessary documentation”.  Prior to Cabinet, the wavier should still be considered by the heads of Mid Kent Legal Services and Finance.  In the absence of the Head of Commissioning and Customer Contact, the Contracts and Procurement Manager has the delegated authority to record that they have considered the reasons for the waiver and that they are satisfied that the circumstances justifying the waiver and sign off over waivers over £25,000 in consultation with the Heads of Mid-Kent Legal Services and Finance, waivers above £75,000 subject to Cabinet approval;

13.4 All decisions on waivers must take into account:

13.4.1 Probity;

13.4.2 Best value / value for money principles.

13.5 For contracts subject to the EU Rules, any waiver from the requirement for competition must meet the conditions set out in the EU Rules in addition to the general requirements above.

13.6 A waiver shall not be applied for reasons of poor contract planning.

13.7 A wavier may only apply to the omission/s of certain item/s therefore, the Responsible / Lead Officer will be required to follow all other criteria in CSOs other than what has been approved and agreed in the submitted waiver.

14. Extensions to Existing Contracts

14.1 Where extensions to existing contracts are made the extensions must be determined in accordance with the advertisement / contract terms, for a specified period and made in accordance with the principles set out in the Council’s Purchasing Guide.

14.2 Any extension must be:

14.2.1 Fully documented;

14.2.2 Subject to a written report in an approved format, form P.24. For contracts where the extension value is not exceeding £74,999 the report shall be submitted in advance to the relevant Director and include the reasons why the extension is required  For contracts where the extension value is £75,000 and above the report shall be submitted to the Cabinet;

14.2.3 Subject to approval in advance by the relevant Director who shall, for contracts where the extension value is not exceeding £74,999, record that they have considered the reasons for the extension and that they are satisfied that the circumstances justifying the extension are genuinely exceptional. Extensions for contracts where the extension value is £75,000 and above must be approved in advance by the Cabinet.

14.3 Any extension must take into account:

14.3.1 Probity;

14.3.2 Best value / value for money principles.

14.4 For contracts subject to EU Rules, any extension must meet the conditions set out in the EU Rules in addition to the more general requirements set out above.

15. Purchasing Schemes

15.1 A Responsible Officer may use Purchasing Schemes subject to the following conditions and the Council’s Purchasing Guide.

15.2 Responsible Officers must check in advance that

15.2.1 The Council is legally entitled to use the Purchasing Scheme;

15.2.2 The purchases to be made do properly fall within the coverage of the Purchasing Scheme;

15.2.3 The establishment and operation of each Purchasing Scheme is in compliance with the EU Rules (where they apply) and meets the Council's own requirements.

15.3 A “Purchasing Scheme” may include:

15.3.1 Contractor prequalification lists / select lists;

15.3.2 Framework arrangements (including those set up by the Cabinet Office;

15.3.3 Purchasing arrangements set up by central purchasing bodies and commercial organisations;

15.3.4 Consortium purchasing;

15.3.5 Collaborative working arrangements;

15.3.6 Formal agency arrangements;

15.3.7 E-procurement / purchasing schemes and methods;

15.3.8 Other similar arrangements such as the IDeA Marketplace

15.4 Where a Purchasing Scheme is used then there shall be a whole or partial exemption from the obligations under these Contract Standing Orders in respect of the choice and conduct of procedures to the extent permitted and indicated in the Council’s Purchasing Guide.

15.5 Prior to using any purchasing scheme / framework, the Responsible Officer / Lead Officer should check with Economic Development to ensure that the works, good or services required are unable to be procured locally.

16. Review and Changes to these Contract Standing Orders

16.1 These Contract Standing Orders shall be reviewed and updated on a regular basis. Save in the case of revisions to the EU Thresholds amended Contract Standing Orders shall be agreed and adopted by the Council.  Revisions to the EU Thresholds shall be dealt with in accordance with the Constitution - Scheme of Delegation to the Head of Legal Partnership.  Any other modifications to CSOs outside of the scope above will need to be presented to SMT, General Purposes Committee and then to Full Council for approval.  Any changes in legislation CSOs will be updated automatically however these CSOs will be reviewed every three years to ensure that these CSOs evolve with the Council’s requirements.

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