Council Constitution 10 Part 4 - Contract Procedure Rules

Introduction

1. These Rules govern and set out how the Council shall select suppliers to provide goods, services or works and form part of the Council’s Constitution.
2. Where within these Rules the Director of Commissioning – Integrated Health & Care and Director of Contracting and Procurement are referred to in the alternative, the former will be responsible for all procurement activities and matters in respect of health and care services procured and managed via the ICU and the latter will be responsible for all other Council procurement activities and matters. Any reference to the roles of Director of Contracting and Procurement or Director of Commissioning – Integrated Health & Care shall be taken to include his or her delegate also.
3. Where an Officer considers that there is good reason to enter into a contract for the purchase of goods, services or works even though it cannot be undertaken in accordance with the procedures specified within these Rules, it shall be managed in accordance with a process agreed by the Chief Executive and the relevant Executive Director.
4. These Rules are based upon:
   1. the Council's Constitution
   2. all relevant statutory provisions including the Local Government Act 1988 Part II, Local Government Act 1999, Local Government Act 2000, the PA 2023, the PR 2024, the PCR 2015, the Local Government (Contracts) Act 1997, the Localism Act 2011, the Public Services (Social Value) Act 2012 and the CCR 2016 (as amended The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020), and the PSR 2023;
   3. any direction by the Council, a Cabinet Member or Committee having appropriate delegated authority and
   4. Council policies and procedures which includes but shall not be limited to equality and diversity, safeguarding, Council information and communication technology security, security, data protection and social value and green city and modern slavery, insofar as they are directly relevant to that contract.
5. The Rules do not apply to:
   1. in-house purchases or in-house service provision (including purchase or service provision from a third party where the Contracting Authority effectively owns/controls it and the main focus and extent of its activities concerns the contracting entity);
   2. arrangements which establish or implement co-operation between Contracting Authorities;
   3. arrangements which cover flows of money or pooling of funds between the Council and health bodies (section 75, 76 and 256 agreements under the National Health Service Act 2006 (as amended));
   4. the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property. For the avoidance of doubt, if the council is placing obligations as part of the disposal under a wider development agreement, this may trigger procurement compliance considerations and Officers should seek advice from Legal and the Procurement Team to determine if the Rules apply;
   5. the making or receiving of grants unless an output to be delivered is specified or the terms of the grant otherwise require compliance;
   6. Sections 5, 6, 7, 10, 11, 12, 13, 14 and 15 do not apply to relevant health care services as defined by Schedule 1 of the PSR 2023;
   7. contracts for permanent or fixed term employment (this does not include consultancy services or agency workers where, for clarity, the Rules do apply);
   8. arbitration or conciliation services or similar services in accordance with Schedule 2 of the PA 2023;
   9. legal services connected with litigation or the exercise of official authority in accordance with Schedule 2 of the PA 2023;
   10. certain financial services related to the issue, sale, purchase or transfer of securities or other financial instruments in accordance with Schedule 2 of the PA 2023;
   11. for loans, whether or not in connection with the issue, sale, purchase or transfer of securities or other financial instruments;
   12. direct payments to customers following care assessment (for example, payments under Self-Directed Support or Personal Budgets);
   13. Non-trade payments to third parties, such as insurance claims, pension payments, court judgments, and statutory payments to public bodies.
       
       Officers must seek advice from the Procurement Team where Rule 1.5.1 and 1.5.2 is thought to apply. This is to ensure that a thorough assessment of compliance can be made and documented.
6. The Rules have four main purposes:
   1. To ensure and enable the demonstration of compliance by the Council with public procurement law for Covered Procurements including the objectives of maximising public benefit, treating suppliers the same (unless a difference between suppliers justifies different treatment), acting and being seen to act with integrity, and considering where barriers to participation can be reduced for SMEs;
   2. To ensure and enable the demonstration of compliance by the Council for Below Threshold Procurements with the obligation to have regard to the NPPS, to not discriminate against treaty suppliers (to the extent that below threshold contracts are covered by an international agreement set out in Schedule 9 of the PA 2023) and to comply with the duty to consider where barriers to participation can be reduced for SMEs;
   3. To ensure the Council strives for Best Value in the way it spends money, so that in turn the Council may be able to offer better and more cost-effective services to the public and other stakeholders; and
   4. To protect Officers who follow the Rules.
7. With the exception of procurements undertaken in accordance with the Low and Medium Value Procedures (as detailed in Table 1), Officers must not engage with a supplier without first engaging with the Procurement Team in accordance with Rules 10-13 (inclusive).
8. Executive Directors are responsible for ensuring that their Officers comply with these Rules.
9. The Director of Contracting and Procurement and the Director of Commissioning – Integrated Health & Care will investigate any incidences of non-compliance with these Rules with assistance from the Procurement Teams.
10. The Director of Contracting and Procurement and the Director of Commissioning – Integrated Health & Care is responsible for providing advice on these Rules with assistance from the Procurement Teams.

Compliance with these rules

1. Compliance with the Rules is mandatory, and any person found to have been acting in breach of these Rules may be subject to disciplinary proceedings. Compliance includes seeking and having proper regard to all legal, financial and professional advice obtained in accordance with these Rules.
2. Officers must seek advice from the Procurement Team in any and all instances of uncertainty about whether the Rules apply and how to apply the Rules.
3. The Rules work in concert with Council policies and relevant legislation. When conducting procurement activities Officers must ensure they also comply, where relevant, with:
   1. all requirements of public procurement law;
   2. the Council’s Constitution;
   3. the Council’s Records Review and Retention Schedule;
   4. the Council’s Green City Charter;
   5. Council policies including:
      • the Council’s Gift and Hospitality Policy
      • the Council’s Anti-bribery Policy
      • the Council’s Social Value and Green City Procurement Policy
      • the Council’s SCC First Policy
      • the Council's Modern Slavery Charter
   6. the Council’s Corporate Plan and its Procurement and Contract Management Strategy.
4. Officers must ensure that any agents, consultants and contractual partners and suppliers conducting procurement activities on the Council’s behalf comply with these Rules.
5. The Procurement Teams will advise on whether and how the Rules apply in any particular case. Where appropriate, the Procurement Teams may seek legal advice from the Council’s Legal and Governance Team.
6. Unless expressly directed by the Director of Contracting and Procurement or the Director of Commissioning – Integrated Health & Care, the Procurement Teams must manage all Procurements with an estimated Contract Value exceeding the Medium Value Threshold.
7. In the case of relevant health care services as defined by Schedule 1 of the PSR 2023, the requirements set out in the PSR 2023 must be adhered to.
8. The Procurement Act 2023 (“the PA 2023”) commenced on 24 February 2025. The PA 2023 will govern all new procurements commenced on, or after this date. Any existing Contract let under the PCR 2015 or CCR 2016, or any Framework Agreement or DPS call off where the Framework Agreement or DPS was set up under the PCR 2015 shall continue to be governed by that regime until such time that the Contract, Framework Agreement or DPS expires and a new procurement is conducted under the PA 2023.

Conflicts of Interest and Corruption

1. Any interest which may affect the award of a contract under these Rules must be declared. Any Officer of the Council participating in a contract award decision or employee of the Procurement Team must provide the Director of Contracting and Procurement or Director of Commissioning – Integrated Health & Care with an advance written declaration of any such interests. Such interests include the ownership of shares in a potential supplier, previous employment by a potential supplier or the employment of a family member by a potential supplier.
2. The Director of Contracting and Procurement or Director of Commissioning – Integrated Health & Care must either certify that such interests are acceptable or take any necessary action in respect of potential conflicts of interest and the Officer should not participate in the evaluation or award of the contract by the Council.
3. For every Covered Procurement conducted in accordance with the PA 2023, a Conflicts Assessment in relation to the procurement must be prepared. The Conflicts Assessment must set out the conflicts or potential conflicts of interest (to comply with the duty to identify) and the steps the Council has taken or will take under the procurement (to comply with the duty to mitigate). The Conflicts Assessment shall be kept under review and must be updated as necessary. Confirmation that a Conflicts Assessment has been prepared must be set out in the Tender Notice which is published on the Central Digital Platform.
4. Officers must be aware of other requirements of the Council’s Constitution with regard to conflicts of interest, bribery and corruption.
5. Every Contract which the Council enters into shall include a provision which entitles the Council to terminate the contract and recover losses from the contractor resulting from such termination if the contractor or anyone acting on the contractor’s behalf has:
   1. offered or given or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do, or has done or forborne to do, any action in relation to the obtaining or execution of the contract or any other contract with the Council; or
   2. shown or has forborne to show favour or disfavour to any person in relation to the Contract or any other Contract or agreement with the Council; or
   3. committed an offence under the Prevention of Corruption Acts 1889 to 1916 (or any act or acts as may replace the same) or has given any reward the receipt of which is an offence under the Local Government Act 1972 (or any act as may replace the same) or committed an offence under the Bribery Act 2010.

Gifts and Hospitality

1. No gifts or hospitality should be accepted from any bidders to any contract being let or about to be let by the Council. Acceptance of gifts or hospitality may be a disciplinary offence. Every Officer managing a procurement, letting (or planning to let) a contract or managing a contract for the Council must inform the Director of Contracting and Procurement or Director of Commissioning – Integrated Health & Care of any offers of gifts or hospitality. Reference should be made to the Council’s policy on Gifts and Hospitality in place at such time and other relevant Council policies.

Exemptions to the Rules

1. No exemption can be given which breaches public procurement law.
2. An exemption to these Rules may only be agreed by:
   1. the Director of Commissioning – Integrated Health & Care (or his or her delegate) or
   2. the Director of Contracting and Procurement (or his or her delegate)
3. This Rule 5.3 applies to exemption requests falling within the High Value Procedure. A Request for Exemption may be granted if the relevant officer listed in 5.2 is satisfied that there is sufficient justification to authorise the request on one of the following grounds:
   
   1. the nature of the market for the works to be carried out or the goods or services to be provided has been investigated and is demonstrated to be such that a departure from the requirements of the Rules is justifiable; or
   2. the requirement is for works, goods or services that are required in circumstances of extreme urgency that could not reasonably have been foreseen; or
   3. there are other circumstances which are genuinely exceptional.
4. Where it is proposed to utilise Chapter 3 and Schedule 5 of PA 2023, a Request for Exemption must be considered by the relevant officer listed in Rule 5.2. The request must set out a thorough assessment of how the request complies with one of the grounds laid down in Chapter 3 and Schedule 5 of PA 2023.
5. Under Regulation 14 of PSR 2023 in the case of urgent awards, a Request for Dispensation must be considered by the relevant officer listed in Rule 5.2. The request must set out a thorough assessment of how the request complies with Regulation 14 of PSR 2023.
6. Where an exemption is granted in accordance with Rule 5.4, a Transparency Notice must be published via the Central Digital Platform setting out the intention to directly award a Contract. A Contract Award Notice must then be published via the Central Digital Platform, followed by a standstill period of eight working days (where the PA 2023 requires a standstill period be observed). The formal award of the Contract shall then be communicated through the publication of a Contract Details Notice via the Central Digital Platform.
7. No exemption requests will be considered unless and until a Request for Exemption form has been fully completed and submitted to the Procurement Team. Officers shall not enter into contracts with suppliers, allow services or works to commence or arrange for the delivery of goods until an exemption request is formally approved by the Director of Commissioning – Integrated Health & Care or the Director of Contracting and Procurement. If an exemption is granted, the provisions of the Council’s Financial Procedure Rules must still be followed and details of the Contract must be published in accordance with legislation.
8. A record of the decision approving an exemption and the reasons for it must be kept by the Procurement Team, an entry made in the register of approved exemptions and the Contracts Register updated accordingly by the Procurement Team.
9. Approved exemptions will be conditional on the relevant Executive Director providing and agreeing a plan with the Director of Contracting and Procurement or the Director of Commissioning - Integrated Health & Care to mitigate the need for further exemptions relating to the Contract.
10. An exemption will be deemed to have been approved by the Director of Commissioning – Integrated Health & Care in the case of a child placement or education funding (or any combination thereof) where:
    1. The value of such placement or education funding is below the relevant PA 2023 Threshold and
    2. All compliant Frameworks Agreements have been considered and are unable to meet the requirement and in any such instance, Rules 5.7 to 5.9 (inclusive) shall not apply.
    This Rule 5.10 applies to services for the placement of a child (including most obviously in a residential home, into foster care or into adoption) and for the provision of associated educational services to that child. Any Contract awarded under this Rule must comply with the Council's transparency obligations, such as entering the Contract details on the Contracts Register and publishing the relevant Contract Details Notice.
11. An exemption shall never be given in relation to either Rule 3 (Conflicts of Interest and Corruption) or Rule 4 (Gifts and Hospitality).
12. These Rules may also be varied or departed from when the Director of Legal and Governance advises that statute or subordinate legislation requires such a variation.

Procurement Pipeline

1. The Council shall publish an annual Procurement Pipeline setting out details of procurements with an estimated value of more than £2 million due to commence in the 18 months following the publication of the Procurement Pipeline.
2. The Procurement Pipeline shall be published using a Pipeline Notice via the Central Digital Platform within 56 days of the start of the financial year.
3. The content of the Procurement Pipeline shall be collated and published by the Procurement Team with input from Council service areas.

Assessing the need

1. With the exception of activity undertaken in accordance with the Low and Medium Value Procedures, the Requesting Officer must engage with the Procurement Teams as soon as a need which may result in a procurement is identified.
2. Prior to commencing a procurement, the following options for delivery of the need must be considered:
   1. The consequences of not buying the goods or services or having the works done at all;
   2. The Council making the goods or delivering the services or works in-house (in accordance with the SCC First Policy);
   3. The Council providing the goods, services or works as part of a partnership arrangement with another party;
   4. The Council commissioning jointly with another Contracting Authority;
   5. The Council participating in a shared services arrangement with another council or other public sector entities for services delivery;
   6. The Council utilising a pre-existing Contract to fulfil the requirement; or
   7. The Council achieving delivery through any combination of 7.2.2 to 7.2.6.
3. Where the assessment of the need determines that a procurement is required, the appropriate procedure shall be undertaken in accordance with Rule 10 (Procedure Determined by Contract Type and Value).

Valuation of Contracts

1. An estimated Contract Value likely to provide the most advantageous outcome for the Council must be identified prior to commencing a procurement. This shall be based on the total consideration estimated to be payable over the full term of the contract, including all possible Contract extension and other payment options, by the Council to the Supplier, inclusive of Value Added Tax (VAT).
2. In the case of Framework Agreements or Dynamic Markets, the Contract Value must be calculated to include the total maximum estimated value, inclusive of VAT, of all the Contracts envisaged to be awarded for the total term of the Framework Agreement or the Dynamic Market. In the case of a Framework Agreement awarded under an Open Framework, the value of the Framework Agreement is to be treated as including the value of all Frameworks awarded, or to be awarded.
3. In the case of Concession Contracts, the Contract Value shall be calculated on the basis of the total turnover of the concessionaire generated over the duration of the Contract, net of VAT, in consideration for the works and services that are the object of the concession, as well as for the supplies required for such works and services that may be required over the lifetime of the agreement, such as Contract extension options, payments made by the Council to the supplier and, amounts received on the sale of assets held by the supplier under the Contract.
4. Where the Contract Value cannot be determined, the Contract shall be procured in accordance with the PA 2023.
5. The estimated Contract Value must be referenced within the Request for Procurement and in the relevant statutory Notices.
6. If a requirement is or can be related to another Council procurement or is for goods, services or works which are, or may also be, procured by another part of the Council and/or on a recurring basis, this may affect the Contract Value for the purpose of these Rules (i.e. the requirements for aggregation may apply). Officers must obtain guidance from the Procurement Teams before commencing such a procurement.
7. Where the Contract is being divided into Lots, the total value, inclusive of all Lots, shall be used to determine which threshold the procurement process must comply with.
8. The value of any Contract must not be:
   1. underestimated deliberately or
   2. calculated by disaggregating (subdividing) it from other elements of the procurement or from other related procurements in order to reduce the perceived Contract Value or avoid the application of procedures set out in these Rules.
9. If the Council has a single requirement the value of which is over a threshold set out in Table 1 but which the Council wishes to meet by entering into multiple Procurements, then the value of the multiple procurements may need to be aggregated for the purpose of these Rules and advice must be sought from the Procurement Team in these instances.
10. Artificially underestimating and/or disaggregating the Contract Value are clear breaches of the Rules and may lead to disciplinary proceedings being initiated.

Authority to Purchase

1. The Constitution governs the limits within which the Executive Directors and their authorised officers may authorise purchases on behalf of the Council and these limits must not be exceeded. The Executive Director for Corporate Services maintains a list of authorisation limits which specifies a maximum financial limit for each transaction for each authorised officer.
2. Executive Directors must ensure that procurement activity is undertaken by authorised officers who can demonstrate knowledge and understanding of these Rules and skills appropriate to the task. These officers should already have authority under the above list and if not, must be granted authority by the Executive Director for Corporate Services.
3. Officers must ensure that the appropriate budget holder has the funds in place for any proposed Contracts and that the necessary budget approval from Finance has been obtained prior to commencement of the procurement process. This must be validated before a decision is made to award a Contract.
4. Officers must follow the processes laid out in the Constitution with regard to decision making. This includes Member consultation, Cabinet or Council approvals and Officer Decision making processes, where appropriate.

Procedure Determined by Contract Type and Value

1. The Rules and the associated procedures vary according to Contract Value, with stricter, more rigorous procedures for higher value Contracts. This is to ensure that the benefits of a more thorough, complex procurement process are not outweighed by the cost of the procedure, relative to the value of the goods, services or works in question.
2. Officers must always engage with the Procurement Team prior to starting procurement activity for all procurements other than those within the Low and Medium Value Thresholds.
3. In respect of all procurement procedures other than those undertaken in accordance with the Low and Medium Value Procedures, unless otherwise directed by the Director of Contracting and Procurement or the Director of Commissioning – Integrated Health & Care, a Request for Procurement must be completed, authorised in accordance with the Officer Scheme of Delegation and submitted to the Procurement Team prior to the commencement of any procurement.
4. Tender or quote documentation appropriate to the procedure being undertaken must be developed to reflect size, scope, and type of specification where required (i.e. input versus output or outcome specification) and any other specific terms and conditions which are key to the subject-matter, subject always to Rule 24 (Conditions of Contract).
5. Where a competition has been undertaken in accordance with any of the procedures in Table 1 and only a single tender has been received, a contract may be awarded, subject to a value for money review being undertaken and an audit trail demonstrating compliance with the relevant procedure being available for inspection.
6. All contractual agreements entered into must specify the goods, services or works to be provided, state the price to be paid, and include appropriate terms and conditions of contract in accordance with Rule 24 (Conditions of Contract).
7. Where a Covered Procurement relates to services (or services together with the purchase or hire of goods or the carrying out of works), an assessment of the required services must be undertaken by the relevant Officer in conjunction with the Procurement Team to ensure compliance with the Public Services (Social Value) Act 2012. Social Value requirements may also be applied where relevant to goods, Services and Works Contracts of any value.
8. In respect of any procedure where more than one quote or tender is being requested, a quote or tender from at least one SME must be sought.
9. In respect of any procedure where at least three quotes are being requested, quotes from at least two local suppliers must be sought subject to such suppliers existing within the local area. “Local” shall mean within the city of Southampton or if the requirement cannot be sourced within Southampton within the county of Hampshire.
10. In respect of all procedures, other than those undertaken in accordance with the PA 2023 Procedure, where it is deemed appropriate by the Procurement Team when considering value for money and the sector/market and risks, the procurement may be reserved by supplier location in accordance with powers made under s116 of the PA 2023. Reserving a Contract by supplier location means a supplier who is UK based, or located in a specific county or borough of the UK. The option to reserve procurements on the basis of location should not be used in relation to procurements which are of cross-border interest (i.e. which may be of potential interest to suppliers from EU Member States including the Republic of Ireland) that involve the provision of goods into Northern Ireland.
11. Advice must be sought from the Procurement Teams at the earliest opportunity if a request for de-brief is received from a supplier.
12. Table 1 (below) shows the relevant procedure to be followed depending upon the nature of the requirement and its estimated Contract Value.

Table 1

* Please note that these are the “PA 2023 Thresholds” and are applicable from 1 January 2024. These thresholds are updated every two years.

The PA 2023 Procedure

1. The PCR Procedure shall be managed by the Procurement Team and approved by the Director of Contracting and Procurement or the Director of Commissioning – Integrated Health & Care.
2. The procurement process for goods, services and works must be conducted in accordance with the requirements set out in the PA 2023 and must at all times uphold the procurement objectives of maximising public benefit, treating suppliers the same (unless a difference between suppliers justifies different treatment), acting and being seen to act with integrity, and considering where barriers to participation can be reduced for SMEs.
3. The requirements of conducting a PA 2023 Procedure set out in these Rules is not exhaustive and any procurement conducted in accordance with the PA 2023 Procedure must at all times comply with the PA 2023.
4. Section 18 of the PA 2023 requires Officers to consider whether the goods, services, or works to be supplied under the Contract could be supplied under more than one Contract, and whether such Contracts could most appropriately be awarded by reference to different lots. As a part of this consideration, Officers should consider whether lotting would help to secure best value for money. Where it is determined that lots shall not be used, the reasons for not doing so shall be set out in the statutory notice published on the Central Digital Platform.
5. Minimum timescales relating to tender procedures are governed by the PA 2023 and these must always be followed.
6. A Tender Notice must be published on the Central Digital Platform inviting suppliers to tender for the Contract.
7. Advertisements published additional to those under Rule 11.6 (for instance in the local press or trade journals):
   1. must not be published anywhere else before it has been published on the Central Digital Platform; and
   2. must not contain any information additional to that contained in the Tender Notice.
8. All Contracts tendered under this procedure must allow for an eight working day standstill period between when the decision to award is communicated and the Contract being entered into. The standstill period must not commence until a Contract Award Notice has been published on the Central Digital Platform.
9. All Contracts awarded pursuant to the PA 2023 procedure must be publicised by means of a Contract Details Notice transmitted no later than 30 calendar days after the date of the Contract award.

The PA 2023 – Light Touch Procedure

1. All Light Touch Contracts must be tendered in accordance with the Light Touch provisions set out in the PA 2023.
2. Schedule 1 of the PR 2024 set out the specific services which may be procured by applying this more flexible procedure.
3. The procurement process for these services must be conducted in accordance with the requirements set out in the PA 2023 and must at all times uphold the procurement objectives of maximising public benefit, treating suppliers the same (unless a difference between suppliers justifies different treatment), acting and being seen to act with integrity, and considering where barriers to participation can be reduced for SMEs.
4. The requirements of conducting a PA 2023 – Light Touch Procedure set out in these Rules is not exhaustive and any procurement conducted in accordance with the PA 2023 Procedure must at all times comply with the PA 2023.
5. Section 18 of the PA 2023 requires Officers to consider whether the goods, services, or works to be supplied under the Contract could be supplied under more than one Contract, and whether such Contracts could most appropriately be awarded by reference to different lots. As a part of this consideration, Officers should consider whether lotting would help to secure best value for money.
6. The minimum timescales relating to tender procedures governed by the PA 2023 do not apply to Light Touch Contracts, however, any timescales that are set must be reasonable for the complexities of the procurement.
7. A Tender Notice must be published on the Central Digital Platform inviting suppliers to tender for the Contract.
8. Advertisements published additional to those under Rule 12.7 (for instance in the local press or trade journals):
   1. must not be published anywhere else before it has been published on the Central Digital Platform; and
   2. must not contain any information additional to that contained in the Tender Notice.
9. All Contracts tendered under this procedure may allow for an eight working day standstill period between when the decision to award is communicated and the Contract being entered into, however, this is not a mandatory requirement under the PA 2023 for Light Touch Contracts. If a standstill period is being observed, the standstill period must not commence until a Contract Award Notice has been published on the Central Digital Platform.
10. All Contracts awarded pursuant to the PA 2023 procedure must be publicised by means of a Contract Details Notice transmitted no later than 120 calendar days after the date of the Contract award.

The High Value Procedure

1. Subject to Rule 13.3, the Contract opportunity must be advertised by the Procurement Team at the start of the tender procedure. Information on the Contract opportunity must be published using a Below Threshold Tender Notice on the Central Digital Platform.
2. The tender procedure shall be that identified as the most appropriate by the Procurement Team and in the design and execution of the process, shall consider how barriers to participate can be reduced for SMEs
3. Tenders should be sought by the Procurement Team through the publication of a Below Threshold Tender Notice, unless the Procurement Team determines that by virtue of its complexity at least three written quotes will allow Best Value to be demonstrated.
4. Any timescales set for a procurement run in accordance with this Rule must be reasonable based on the complexities of the requirements. Timescales must be the same for all suppliers participating in the procurement process.
5. Where Rule 13.3 is determined to be the most appropriate process to follow, the requirements of Rules 10.8 and 10.9 must be observed.

The Medium Value Procedure

1. If the Contract Value of the procurement is within the Medium Value Threshold then there is no requirement for an Officer to engage with the Procurement Team however, Officers must contact the Procurement Team when in any doubt over the value of the procurement, how the procurement should be conducted and/or whether disaggregation applies.
2. Any Officer conducting a procurement under this Medium Value Procedure must ensure they comply with all relevant requirements contained within these Rule (including but not limited to Rule 3, Conflicts of Interest and Corruption). Advice can be sought from the Procurement Team if there is any doubt in relation to the interpretation of the Rules.
3. Officers must obtain at least three written quotes from suitable suppliers before a supplier can be selected, unless the Officer determines that only one or two suitable suppliers exists for the specific requirement. Any decisions to obtain less than three quotes must be documented and justified. Records of the reasons and justification shall be kept by Officers but may need to be shared in the event of an audit. Where three or more quotes are being sought, where possible this should include a quote from at least two local suppliers, (“local” to be interpreted in accordance with Rule 10.9).
4. When obtaining quotes, Officers must ensure they are conducting a like for like comparison and that quotes are evaluated on the same basis and must be reasonably certain, all things considered, that the Contract that is being entered into represents Best Value.
5. Officers must inform suppliers the basis on which their quote will be evaluated and a subsequent Contract awarded, which will include the process, timescales, evaluation methodology and terms and conditions to be used.
6. Officers must ensure that they are carrying out appropriate due diligence on their chosen suppliers. This could include but not be limited to insurance requirements, health and safety requirements, economic and financial standing assessment.
7. Where appropriate for the requirement in question, Officers may request that the opportunity be advertised on the Council’s on-line tendering system portal and an open market competitive procedure undertaken.
8. Where it is proposed to use a third-party Framework Agreement for Contracts falling within this Medium Value Threshold, Officers must comply with the process set out in Rule 19. This process will be supported by the Procurement Team.
9. Officers must provide the Procurement Team with any and all information relating to the Contracts and suppliers to facilitate completion of the Contract Register and to enable the Council to meet its obligations in respect of the Local Government Transparency Code 2015 including providing details of all Contracts equal to or above £5,000 in Contract Value in a timely manner.

The Low Value Procedure

1. If the Contract Value of the procurement is less that the Low Value Threshold then there is no requirement for an Officer to engage with the Procurement Team however, Officers must contact the Procurement Team when in any doubt over the value of the procurement, how the procurement should be conducted and/or whether disaggregation applies.
2. Officers must obtain at least one written quote from a supplier before a supplier can be selected. Where possible, this should include a quote from a local supplier, (“local” to be interpreted in accordance with Rule 10.9).
3. Officers must be reasonably certain, all things considered, that the Contract that is being entered into represents Best Value.
4. Officers must ensure that they are carrying out appropriate due diligence on their chosen suppliers. This could include but not be limited to insurance requirements, health and safety requirements, economic and financial standing assessment.
5. Where it is proposed to use a third-party Framework Agreement for Contracts falling within this Medium Value Threshold, Officers must comply with the process set out in Rule 19. This process will be supported by the Procurement Team.
6. Officers must provide the Procurement Team with any and all requested information relating to the Contracts and suppliers to facilitate completion of the Contract Register and to enable the Council to meet its obligations in respect of the Local Government Transparency Code 2015 including providing details of all Contracts equal to or above £5,000 in Contract Value in a timely manner.

Concession Contracts

1. Concession Contracts are arrangements where operational risk lies with the provider and payment consists of the right to exploit the services or works or those rights along with some payment to, or by the Council. Where the value is equal to or above £5,372,609 (indicative value excluding 20% VAT £4,447,174)¹ the procurement of a Concession Contract is governed by the PA 2023. See Rule 8.34 for details of how a Concession Contract must be valued and Rule 11 for details of the PA 2023 Procedure that must be followed.
2. In cases where the estimated Contract Value is below the PA 2023 Concession Contract threshold, the procedure related to the relevant threshold contained within these Rules shall be followed. For the avoidance of doubt, the High Value Procedure shall be used for any Concession Contract over £30,000 (inclusive of VAT).

1 -  This is the Concession Contract Regulation threshold with effect from January 2024.

Receiving and Opening Tenders and Quotes

1. Responses to an invitation to tender or quote must be received according to the format of response specified in the invitation to tender or quote and no later than the time specified for submission of tenders or quotes in the invitation to tender or quote.
2. Emailed tenders and quotes received are acceptable for Low, Medium and High Value Procedures, but copies must be retained by the Procurement Team (for High Value Procedure) and the relevant Officer (for those undertaken in accordance with the Low and Medium Value Procedure). For the avoidance of doubt, emailed submissions shall not be accepted for procurements subject to PA 2023, PCR 2015, PSR 2023 or CCR 2016, unless there are exceptional circumstances which mean there are no other suitable means of receiving the tender submissions.
3. Tenders or quotes received for all procurement procedures:
   1. must be managed by the Procurement Teams using the Council’s on-line tendering system portal for electronic tendering where a High Value Procedure, PA 2023, PCR 2015, PSR 2023 or CCR 2016 procedure is being utilised, unless Rule 17.2 is being applied (for High Value Procedures only). Electronic tender responses must be received, time stamped and opened in accordance with the approved procedures implemented in that system and
   2. a record of opened and rejected tenders and quotes as well as candidates who did not submit a tender or a quote must be recorded for all procedures conducted under these Rules, PA 2023, PCR 2015, PSR 2023 or CCR 2016.

Evaluating Tenders and Quotes

1. All tenders and quotes should be evaluated against criteria that state the basis for how the contract will be awarded. In respect of procurements exceeding the Medium Value Threshold, this evaluation criteria must be determined in liaison with the Procurement Team prior to the issue of the invitation to tender or quote and must include mandatory and (where relevant) desirable requirements linked to the subject matter of the contract.
2. The evaluation criteria must be detailed in the document used to invite tenders or quotes and must not be changed during the procurement process. Requests for variant bids (i.e. a proposal for a solution that differs from the solution set out by the Council) must be scored against the same evaluation criteria as a tender or quote which meets the Council’s stipulated requirements.
3. Contract awards must be based on the identification of the most advantageous tender or quote and the evaluation criteria must reflect this. In exceptional circumstances, it might be appropriate to award the Contract on the basis of the lowest, or in the case of a Concessions Contract, highest, priced tenderer. If lowest price is used, there must be appropriate justification to do so. This approach should not be used for Contracts where social value benefits can be realised.
4. An evaluation to determine the most advantageous tender or quote involves scoring tenders or quotes objectively using criteria which must:
   1. be relevant to the specific procurement’s size and scope;
   2. be pre-determined and listed in the invitation to tender or quote, as the case may be;
   3. be strictly observed at all times throughout the procurement procedure;
   4. reflect the principles of Best Value;
   5. include price, quality and social value (where appropriate);
   6. consider whole-life costings, particularly in the case of capital equipment where the full cost of maintenance, decommissioning and disposal must be taken into account;
   7. indicate how the Council will score tenders or quotes and be capable of objective assessment;
   8. be weighted according to their respective importance which must be detailed in the document used to invite tenders or quotes;
   9. address, where applicable, the bidder’s proposal to accept a transfer of staff under the Transfer of Undertakings (Protection of Employment) Regulations 2006; and
   10. avoid discrimination or perceived discrimination on the basis of nationality or other cause contrary to the any of the Council’s policies.
5. Any resulting Contract awarded must be awarded to the bidder who submits the most advantageous tender or quote (i.e. the quote or tender that achieves the highest score in the evaluation), or the supplier who submits the lowest, or highest concession price tender or quote if this approach is being used (see Rule 18.3).
6. The Procurement Team (or relevant Officer in respect of procurements under the Low and Medium Value Procedure) must obtain clarification or explanation from suppliers who submit tenders or quotes which appear abnormally low and may reject a tender or quote if the evidence supplied is not satisfactory to justify the low tender or quote.
7. The results of the evaluation process must be recorded in writing.
8. Unless otherwise required by law, evaluators must not disclose information contained within tenders or quotes returned by a supplier to any third party.

Framework Agreements, DPS’, Dynamic Markets and use of Council Contracts

1. Third Party Framework Agreements, DPS’, and Dynamic Markets may be used by the Council following an assessment by the Procurement Team of the suitability of the Framework Agreement, DPS, or Dynamic Market including whether they are considered to offer Best Value for the need in question.
2. Where the Council has in place specific Contracts with suppliers to provide goods, services or works which are suitable for the requirement, these Contracts, where capable of doing so, must be used to source a requirement unless directed otherwise by the Director of Contracting and Procurement or the Director of Commissioning – Integrated Health & Care.

Use of Nominated Sub-contractors

1. Officers must not nominate the use of specific sub-contractors without the prior written consent of the Director of Contracting and Procurement or the Director of Commissioning – Integrated Health & Care.
2. Any nominated sub-contractors must have been selected through use of the appropriate tender or quote procedure as if the Council were contracting directly with the sub-contractor.

Awarding Contracts and Audit Trails

1. Executive Directors must ensure that the appropriate budget holder has the funds in place to sustain a contract prior to award.
2. Where a Contract Value is below £500,000 (excluding VAT), the Contract must only be signed by a Chief Officer authorised to do so in accordance with the Officer’s Scheme of Delegation or an officer in receipt of a formal sub delegation subject to receipt of confirmation from an Executive Director (verified by Finance prior to award) that the funds are in place to sustain the Contract.
3. For all contracts where the Contract Value is equal to or exceeds £500,000 (excluding VAT), the contract must either:
   1. be made under the Council’s seal in accordance with the Constitution; or
   2. signed by at least two duly authorised officers of the Council authorised by the Director of Legal and Governance.
4. The decision as to whether to sign or to seal a Contract shall rest with the Director of Legal and Governance. For the avoidance of doubt, no Contract shall be attested by or signed by any councillor.
5. For procurements subject to the PA 2023, a full and complete audit trail of all procurement activity resulting in the award of a Contract must be retained by the Procurement Team as required by Section 98 of the PA 2023 and in accordance with the Council’s Records Review and Retention Schedule.
6. With the exception of procurements undertaken in accordance with the Low and Medium Value Procedure, the Procurement Team shall produce and retain:
   1. a report containing information including contract value, the names of bidders rejected at the selection stage and the reasons for their rejection (for the PA 2023 Procedure) including any conflicts of interest identified and how they were addressed and
   2. an audit trail of the Procurement and decision-making process in respect of any procurement which is withdrawn prior to contract award.
7. In respect of all Contracts awarded in accordance with the High Value Procedure (including those awarded as call-off contracts under Framework Agreements and, DPS’), the name of the supplier, the date on which the Contract was entered into and the value of the Contract must be published using a Contract Details Notice the Central Digital Platform within a 90 days of the Contract award or 120 days in the case of Light Touch Contracts.
8. For Contracts that have been awarded following a procedure conducted in accordance with the PA 2023, PCR 2015 or PSR 2023, a Contract Details Notice must be published on the Central Digital Platform within 30 days of the Contract award, or 120 days in the case of Light Touch Contracts.
9. For Contracts where the Contract Value is £5million or above, a suitably redacted copy of the Contract must be published as well as the three KPIs that are most material to the delivery of the Contract at the time of publishing the Contract Details Notice. If KPIs have not been set, an explanation must be provided in the Contract Details Notice setting out why KPIs were not appropriate to assess the performance of the supplier. Contracts must be published within 90 days of the Contract award or 180 days in the case of Light Touch Contracts.
10. In respect of Low and Medium Procedures, a documented audit trail must be retained to demonstrate that the process has been conducted in accordance with these Rules.

Ordering and Paying for Goods, Services and Works

1. No pre-payment for goods, services or works may be allowed above the value of £15,000, without the prior written consent of the Executive Director for Enabling Services and the Director of Legal and Governance.

Parent Company Guarantees and Performance Bonds

1. The requirement for a bond, parent company guarantee, or other security must be determined in consultation with the Director of Contracting and Procurement or the Director of Commissioning – Integrated Health & Care in consultation with the Director of Finance.

Conditions of Contract

1. Unless expressly agreed by the Director of Legal and Governance all transactions regardless of value must use a model form of conditions of Contract provided and approved by the Director of Legal and Governance.
2. The Director of Contracting and Procurement in conjunction with the Director of Legal and Governance, must:
   
   1. keep a list of all model forms of conditions of Contract that gives details of when the conditions were last updated; and
   2. review all current model forms of conditions of Contract, on a regular basis including when applicable legislation is introduced.

Contracts Register

1. The Director of Contracting and Procurement and the Director of Commissioning – Integrated Health & Care must maintain and publish the Contracts Register.
2. The Contracts Register is maintained by the Procurement Team and published on the Council’s website to enable the Council to meet its obligations in respect of the Local Government Transparency Code 2015

Managing Contracts

1. The Contract Management Team undertake the contract management of Contracts that are of strategic importance to the Council. In addition, the Contract Management Team support Council service areas to investigate and address contractual issues or disputes and provide input to the design of KPIs, Contract performance, payment, and other mechanisms through the procurement process.
2. Contracts that are subject to the PA 2023 and have a total Contract Value of £5 million and above must contain at least 3 KPIs, unless the Council considers that the supplier’s performance could not appropriately be assessed by reference to KPIs. Light Touch Contracts, Framework Agreements and Concession Contracts are exempt from this requirement, however, call offs from Framework Agreements where the call off Contract Value is over £5 million must contain KPIs.
3. For Contracts that have been awarded following a procedure conducted in accordance with the PA 2023, and where the total Contract Value is £5million and above, an annual Contract Performance Notice must be published via the Central Digital Platform. A Contract Performance Notice must also be published on termination of the Contract.
4. A Contract Performance Notice must be published via the Central Digital Platform for any Contract awarded following a procedure conducted in accordance with the PA 2023 where a breach of Contract has occurred. The Contract Performance Notice must be published via the Central Digital Platform within 30 days of the breach occurring.
5. A Contract Termination Notice must be published via the Central Digital Platform for any Contract awarded following a procedure conducted in accordance with the PA 2023 in the following circumstances: discharge, expiry, termination by a party, rescission or where the Contract has been set aside.
6. Within 30 days of the end of each reporting period (31 March or 30 September in any year) the Council shall publish a Payment Compliance Notice via the Central Digital Platform in accordance with s.69 of the PA 2023.
7. Within 30 days of the end of each reporting period (31 March, 30 June, 30 September or 31 December in any year) the Council shall publish specified information about any payment of more than £30,000 made by the Council under a Contract in accordance with Section 70 of the PA 2023.
8. The Contract Management Team shall publish all notices referenced in this Rule and relevant officers shall provide the Contract Management Team with all information and support to enable them to do so.

Variations and Extensions

1. Any variation to an existing contract (including an extension to contract duration) must demonstrate Best Value and must not be instigated solely to avoid or delay the requirement to conduct a procurement.
2. All variations to a contract must be made in accordance with the provisions of the PA 2023, PCR 2015 or PSR 2023, depending on which regime the original Contract was subject to.
3. Officers must ensure that the appropriate budget holder has the funds in place for the variation and/or extension and that the necessary budget approval from Finance has been obtained before the variation or extension is agreed.
4. Officers must always obtain advice from the Contract Management Team before agreeing any variations to contracts if the variation is not already expressly provided for within the terms and conditions of the contract.
5. All variations approved in accordance with these Rules must be documented in writing and signed by an authorised signatory on behalf of the Council and counter-signed by the supplier.
6. Subject to any legal restrictions and compliance with these Rules, Chief Officers authorised to do so in accordance with the Officer Scheme of Delegation, or an officer in receipt of a formal sub delegation must authorise a variation or extension to an existing Contract where such variation is provided for within the terms and conditions of the Contract.
7. In respect of contracts below the PA 2023 Threshold and subject to any legal restrictions and compliance with these Rules, any variation to an existing contract where the variation is not expressly provided for and where the consequent change in price (determined in accordance with the Contract terms) is such that the annual value of the variation is:
   1. less than £25,000 (excluding VAT) or 15% (excluding VAT) of the original annual Contract Value (whichever is the lesser), the variation must be authorised by the relevant Chief Officer authorised to do so in accordance with the Officer Scheme of Delegation, or an officer in receipt of a formal sub delegation, provided that the value of the Contract post-variation remains below the relevant PA 2023 Threshold;
   2. equal to or greater than £25,000 (excluding VAT) or 15% (excluding VAT) of the original annual Contract Value (whichever is the lesser), the variation must be authorised by the Director of Commissioning – Integrated Health & Care (or his or her delegate) or the Director of Contracting and Procurement
8. If a variation will take the total Contract Value above the relevant threshold of the PA 2023, it becomes a Convertible Contract and must be managed going forward as a Contract governed by the PA 2023.
9. In respect of Contracts equal to or above the PA 2023 Threshold, or within the scope of the PSR 2023, any variation which is not provided for within the terms and conditions of the Contract must be authorised by the Director of Commissioning – Integrated Health and Care or the Director of Contracting and Procurement. The assessment of whether or not a variation is permitted under this Rule shall be done so in accordance with Section 74 and Schedule 8 of PA 2023, Regulation 72 of PCR 2015, Regulation 13 or 14 of the PSR 2023 or Regulation 43 of CCR 2016, as applicable.
10. If a Contract is varied in accordance with Section 74 and Schedule 8 of the PA 2023, a Contract Change Notice must be published in accordance with s.75 of the PA 2023 via the Central Digital Platform. For variations in accordance with Regulation 72 (1)(b) and (c) of the PCR 2015, a Modification Notice shall be published.
11. In respect of Contracts above £5,000 (excluding VAT) in Contract Value (excluding VAT), Officers must ensure that any agreed variations and/or extensions are communicated to the Contract Management Team and the Contract Management Team shall record all such variations and extensions on the Contracts Register.