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You are Here: The Constitution / Constitution Part 4 / Contract Procedure Rule 11
TENDER PROCEDURES

11. EXEMPTIONS FROM THE NEED FOR COMPETITIVE TENDERS

11.1. Subject to the requirements of the EU Directives on public procurement, competitive tenders will not be required where the works, supplies or services :-

11.1.1. are sold only at a fixed price and no reasonably satisfactory alternative is available.

11.1.2. are required urgently.

11.1.3. consist of repairs to, or the supply of parts for, existing proprietary equipment.

11.1.4. must be compatible with existing equipment and no reasonably satisfactory alternative is available.

11.1.5. are of a specialised nature undertaken or supplied only by or on behalf of one contractor, a public utility undertaking, statutory undertaking or local authority.

11.1.6. are to be supplied where tenders have been properly invited on behalf of any consortium, association or similar body of which the Council is a member, or on behalf of any other local authority with whom the Council has agency agreements.

11.1.7. where the Director has authorised work to be carried out by the Council's own workforce, without inviting competitive tenders.

11.1.8. where the Director wishes to negotiate the renewal of a current contract for the supply of services in conjunction with the provision of residential accommodation by way of a service tenancy.

11.1.9. are Care Contracts let by the Director of Social Services, in accordance with the appropriate legislation and where competitive tendering is certified by the Director as impractical.

11.1.10. are Special Educational Needs contracts arranged by the Director of Education in accordance with the appropriate legislation and where competitive tendering is certified by the Director as impractical.

11.1.11. are best procured by other means. This exemption will apply only in exceptional circumstances and is subject to formal approval in advance by the relevant Cabinet Member, on the joint recommendation of the Director and the Director of Central Services.

11.2. The Director must be able to demonstrate that any decision not to seek competitive tenders :-

  • fully complies with this Contract Procedure 11.
  • was reasonable in all the circumstances.
  • was in the best interests of the Council.

11.3. Full documentation in support of the decision must be retained.

11.4. In all cases except those in paragraph 11.1.11, formal reporting to the relevant Cabinet Member must be in accordance with Contract Procedure 3.6.



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    Page Updated: 27 May 2004