R1 – General Contract Administration
The need for this Regulation.
The Authority should seek to achieve best value for money from all of its purchases.
In this context, value for money means getting what is needed in the correct quality and quantity, at the right time and at the best possible price.
The extent of the Regulations.
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| R1.1. |
The Chief Constable and Treasurer shall prepare a Code of Practice for contract procedures which will supplement these Regulations and shall apply to all departments, units and establishments of the Authority.
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| R1.2. |
Occasions may arise when the authority engages the services of an external organisation or individual to act as its agent in letting contracts on behalf of the Authority.
In all such cases, it is to be a requirement of the terms of engagement of the external organisation that they comply with these Regulations in letting contracts on behalf of the Authority.
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| R1.3. |
In entering into any contract with an external organisation on behalf of the Authority, an officer must:
Comply with the Authority's Purchasing Policy as defined from time to time.
For example, this may require the use of a purchasing organisation such as the Eastern Shires Purchasing Organisation (ESPO) for specific goods or services;
Obtain the best value for money for the Authority by ensuring that the market has been explored and where possible, tested competitively either by the Authority or by a consortium (i.e., ESPO) on its behalf.
A key component in assessing value for money will be the perceived quality of the goods or services offered by the tenderer;
Have regard to the legislation and associated regulations and guidance regarding Compulsory Competitive Tendering (CCT) as detailed in the Local Government Planning and Land Act 1980 and Local Government Acts 1988, 1992 and any subsequent legislation;
Have regard to all EC Directives and associated Regulations dealing with the procurement of goods and services;
Act at all times with integrity and in the public interest and free from all corrupt practices.
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| R1.4. |
Consultancy advice contracts for the purposes of these Regulations refer to professional advisory services where the Authority, in general, has no in-house expertise.
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R2 - Building And Civil Engineering Contracts
The need for this Regulation.
Specific needs in relation to building and civil engineering contracts have been set out whilst the overall aim is to ensure that value for money is achieved.
The extent of the Regulations.
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| R2.1. |
The Chief Constable shall establish a Standing List of Contractors to be used for invitation to tender for building and civil engineering contracts.
All contractors applying for inclusion on the standing lists must have their financial standing verified by the Treasurer.
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| R2.2. |
A minimum of six tenders shall be invited from the Standing List for all contracts involving works of construction and/or engineering where the value of the contract is likely to exceed £130,000.
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| R2.3. |
Where the 'Design and Build' approach is to be applied the minimum number of contractors to be invited from the Standing List shall be reduced from six to three.
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| R2.4. |
Where the estimated contract sum is between £65,000 and £130,000, tenders may be invited by general public advertisement in appropriate newspapers and journals or by selection from the Standing List.
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| R2.5. |
In other cases, a minimum of three tenders or quotes shall be sought.
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| R2.6. |
Where, the Chief Constable, Clerk or Treasurer considers it to be appropriate that negotiations should be entered into with the appropriate tenderer(s), at least two officers shall be involved in the negotiations.
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| R2.7. |
Detailed guidance on appropriate procedures for contract negotiation shall be included in the Code of Practice, as agreed between the Chief Constable and Treasurer.
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| R2.8. |
The Chief Constable shall enter into contracts, in the name of the Authority, involving the sale or purchase of land or buildings, taking professional advice as appropriate.
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| R2.9. |
The Clerk shall be advised immediately of any contract difficulties regarding the acquisition and/or disposal of land and buildings where it is considered that the case could be of a high profile nature for the Authority or could involve the Authority in significant additional expense.
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| R2.10. |
The sale of land and buildings may take place by public auction, public tender or private treaty.
The disposal method to be the one which, in the view of the Chief Constable, maximizes value for money to the Authority.
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R3 - Information Technology (IT) Contracts
The need for this Regulation.
Value for money in I.T. contracts is to be monitored through this Regulation.
The extent of the Regulations.
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| R3.1. |
Contracts for the procurement of information technology (i.e., hardware, software and associated services) shall be let in accordance with the Code of Practice established by the Chief Constable in consultation with the Treasurer.
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| R3.2. |
For procurements likely to cost £80,000 or more proposals should be invited prior to the commencement of formal tendering procedures.
Proposals should be obtained by open invitation through public advertisement.
In all other cases at least three tenders or quotes should be obtained;
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| R3.3. |
Negotiations will normally take place with all tenderers whose submissions, either at the proposal or tender stage, fully comply with user requirements and are reasonably close in cost terms.
The authority to commence such negotiations shall be given by the Chief Constable and shall be in accordance with the Code of Practice.
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R4 - Consultancy Advice Contracts
The need for this Regulation.
Consultancy contracts have different needs as they do not involve physical acquisitions although value for money is an essential aim of the contract process.
The extent of the Regulations.
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| R4.1. |
Costed proposals rather than formal tenders will be requested from a minimum of three and, generally, a maximum of six organisations.
In exceptional circumstances the Chief Constable may accept less than three proposals provided the reasons for so doing are recorded in writing.
The requirement to request a minimum number of proposals does not apply to assignments estimated to cost less than £10,000.
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| R4.2. |
There will be general expectation that, where appropriate, in the view of the Chief Constable, a formal tendering process will follow the receipt and evaluation of costed proposals.
Negotiations will normally take place with all tenderers whose submissions, either at the proposal or tender stage, fully comply with user requirements and are reasonably close in cost terms.
The authority to commence such negotiations shall be given by the Chief Constable.
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