9.1. General
9.1.1. Tender documents issued by the Council must specify the works, supplies or services and the Council's terms and conditions of contract and terms of payment.
9.1.2. Tenders are acceptable in hard copy, or by e-mail. In either case, the tenders must be in a format and layout prescribed by the Council.
9.1.3. Where the total value of a contract exceeds the EU Threshold, it must be let in compliance with EU Directives on public procurement. Subject to this, a formal tender process must be conducted in accordance with one of the procedures set out in this Contract Procedure 9.
9.2. Selective Tendering - Standing List of Approved Contractors
9.2.1. Each Director will compile and maintain Standing Lists of approved contractors for appropriate categories and values of works or supplies and services.
9.2.2. These lists will contain the names of all contractors who wish to be included and who satisfy the Council's technical and financial appraisals.
9.2.3. Directors will liaise to ensure that, wherever practical, Standing Lists are co-ordinated across all Directorates for similar categories of works, supplies or services.
9.2.4. At least four weeks before a Standing List is compiled or reviewed, the Director of Central Services will invite applications for inclusion in it by placing a notice on the Council's Website.
9.2.5. At least four weeks before any review, each contractor on a Standing List will be asked whether he wishes his name to remain on this list.
9.2.6. Standing Lists will be amended during their currency and reviewed every five years.
9.2.7. A contractor may apply at any time to be included on a Standing List, subject to satisfying the Council's technical and financial appraisals.
9.2.8. Where contracts are let to tenderers on a Standing List, tender documents will be sent to at least four contractors on the Standing List or, if there are fewer than four, to all contractors on this list.
9.2.9. Where there are more than four contractors on a Standing List, tenderers to whom invitations are to be sent will be selected by the Director. The two most advantageous tenderers for previous similar contracts (where applicable) and the next two tenderers in rotation will be invited to submit tenders. Where any of these tenderers do not wish to be included, the next tenderers on the list will be selected in rotation.
9.3. Open Tendering
9.3.1. The contract will be advertised as set out in Contract Procedure 7.
9.3.2. Invitations to tender will be sent to all contractors interested in tendering, subject to the Director being satisfied that they meet the criteria set out in Contract Procedures 4 and 5.
9.4. Restricted Tendering - Select List
9.4.1. The contract will be advertised as set out in Contract Procedure 7.
9.4.2. The advertisement will invite contractors, as part of the first stage of tendering, to apply for permission to tender, and state the last date and time for receipt of applications.
9.4.3. After the expiry of the period specified in the notice, the Director will compile a select list containing the names of at least four contractors selected from among those who have applied for permission to tender or, where fewer than four contractors have applied, to all contractors. All contractors selected must meet the criteria set out in Contract Procedures 4 and 5.
9.4.4. Documentation must be compiled and retained setting out the reasons for the selection of tenderers on the select list.
9.5. Post-Tender Amendments Procedure
This procedure is identical to those set out in Contract Procedures 9.2 to 9.4, except that post-tender amendments are permitted, provided that :-
9.5.1. The Director, in consultation with the Director of Central Services, is satisfied that this represents the best option for the Council.
9.5.2. All tenderers are notified in advance within the tender documents that such a procedure may be used and that the Council reserves the right to request post-tender amendments on any aspect of the tender.
9.5.3. All post-tender amendments are conducted in a manner that provides equal opportunity for all tenderers and that maintains the highest standards of probity and accountability.
9.5.4. All post-tender amendments must be conducted by at least three Officers of appropriate seniority, under the specific authority of the Director.
9.5.5. All post-tender amendments must be fully documented and kept on file as evidence to support the action taken.
9.5.6. At the conclusion of the amendment process, each tenderer will be invited to submit a best and final offer under the same procedure as for the receipt and opening of original tenders set out in Contract Procedures 14 and 15.
9.6. Partnering Contracts
9.6.1. Partnering relationships to be set up with contractors in accordance with the principles of Best Value must be based on a contract let following a full competitive process, using one of the procedures set out in this Contract Procedure 9.
9.6.2. Where a contract includes any element of income or expenditure to the Council being based on the actual income or expenditure of a contractor, the contract must include a clause giving the Director right of access to the contractor's records.
9.6.3. The arrangements between the Council and the contractor in any partnering procurement should be set out in a detailed Partnership Agreement. This is a supplementary document to the contract.
9.7. Serial or Continuation Contracts
9.7.1. Subject to the following conditions, a contract may be let without further competition, as an extension of an existing similar contract for works, supplies or services.
9.7.2. The procurement route must comply with EU Directives on public procurement.
9.7.3. The Director, in consultation with the Director of Central Services, must be satisfied that it would result in Best Value for the Council.
9.7.4. The terms of such a contract will be based on the rates and prices contained in the initial contract, which must have been awarded competitively.
9.7.5. The terms for the extension negotiated by the Director must be approved by the relevant Cabinet Member.
9.7.6. No extension of contract will be awarded before financial and technical appraisals have been carried out or updated, as appropriate.
