The legal team have updated the standard services contract for officers across the Council to use where the value of services is over £25,000, which has been approved by the Corporate Director (Law and Governance) and Monitoring Officer. This is attached and has a number of added benefits, namely:
• potential suppliers will be aware of the Council’s contractual expectations;
• contract documents are required upfront with tenders over £25,000;
• consistency of terms across the Council; and
• quicker turn-around from award of contracts to completion of the final documentation.
As per the requirements of the Council’s Procurement Procedure Rules, contained within the Constitution at Part 5.75, Rule 4.2.2 states:
(v) Unless an exemption is obtained from the Corporate Director – Law and Governance, the Council Standard Contract for Services must be used when seeking quotations for £25,000 and above. When seeking an exemption, the relevant department will identify why any additional or replacement terms and conditions are necessary for the service being sought.
This authorisation will be delegated to other officers within Legal Service, so please send the request through to legal.admin.
Officers should familiarise themselves with the Council’s contract requirements set out in Article 14 of the Constitution which states:
• Values of up to £10,000 recorded through the Council’s official order system and in accordance with section 6 of the Procurement Procedure Rules.
• Values of £10,000 to £50,000 shall be in writing and in accordance with section 5 of the Procurement Procedure Rules. These contracts must be signed by at least two Officers authorised by the Chief Executive.
• Any contract with a value in excess of £50,000 must be made in writing and under the Common Seal of the Council attested by at least one Proper Officer and in accordance with section 5.
The Procurement Procedure Rules requires Officers to use the Council’s standard contract for services unless an exemption is obtained. This standard contract is to be used for the value of over £25,000.
The draft contract requires some details to be inserted before the document is sent out with Invitations to Tender (ITT) and in some places; the information cannot be entered until the successful supplier has been selected. There are accompanying instructions to officers on TED which have been developed in order to assist officers when completing the draft contract.
Note:
1. Legal Services can review the draft contract for you before including within the ITT, but please include the information identified.
2. Legal Services can also review the draft contract after award, as the Supplier may (via the tender submission) have requested amendments to be made, which will need to be considered.