Contract regulations

Part F of Standing Orders

A brief guide to contract regulations

These Contract Regulations (issued in accordance with section 135 of the 1972 Local Government Act) are intended to promote good purchasing practice and public accountability, secure compliance with EU and UK Public Procurement rules and to deter corruption. Following the rules is the best defence against allegations that a purchase has been made in breach of the law or fraudulently purchased.

Officers responsible for purchasing or disposal must comply with these Contract Regulations and all supporting documentation. Failure to comply will be considered a disciplinary offence. The Regulations lay down minimum requirements and a more thorough procedure may be appropriate for a particular Contract. (For example, if Rule 8.2.1 would normally require that quotes be obtained, it might be appropriate in particular circumstances to seek additional Quotations in writing or Tender submissions. Equally, it may not always be appropriate to make use of an exemption under Rule 3 even if one might apply or be granted.)

For the purposes of these rules, where there is a requirement for communication to be in writing, this shall be deemed to include other electronic means (unless stated otherwise) as well as hard copy. All Officers are expected to:

• Follow the rules if you purchase goods or services or order building work.
• Also have regard for the Financial Regulations
• Take all necessary legal, financial and professional advice.
• Bear in mind the “Treaty of Rome” when undertaking any procurement activity i.e. the need to treat tenderers fairly and equally and opening up contract opportunities to a wider market, generally through advertising in some form so as to generate competition.
• Declare any personal financial interest in a Contract. Corruption is a criminal offence.
• Prepare a suitable business case and appraise the purchasing need.
• Check whether there is an existing Corporate Contract, Framework Agreement or any other Framework Agreement set up by a “Central Purchasing Body” that can be made use of.
• Normally allow at least four weeks for submission of bids or any statutory prescribed period required (not to be submitted by fax or e-mail unless the Contract is being E-Tendered).
• Keep bids confidential.
• Complete a written Contract or purchase order before the supply or works begin, which should be approved by a suitably authorised person in line with the Scheme of Delegation.
• Identify a contract manager with responsibility for ensuring the Contract delivers as intended.
• Keep records of dealings with bidders and suppliers.
• Assess each Contract afterwards to see how well it met the purchasing need and Value for Money requirements.
• Pay due regard to the Authority’s Equalities and Diversity Statement and GLA Group Responsible Procurement Policy

In accordance with Standing Orders, the regulations will be kept under review by the Chief Executive, Treasurer and Commissioner to ensure that the working arrangements of the Authority and the Service are conducted in accordance with relevant legislation and current best practice. They can only be varied with the approval of the Authority.

So far as it is possible to do so, these Regulations must be read and given effect in a way which is compatible with relevant EU laws and the Public Contracts Regulations 2006 or any re-enactment or modification thereof and where that is not possible then the Authority shall have the discretion, after considering advice from the Solicitor to the Authority, to modify the requirements of these regulations in relation to any Contract to secure compatibility with relevant laws and statutory regulations.

For the contract regulations in full please see supporting material.

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