CONTRACT PROCEDURE RULES - SPS Consultancy
CONTRACT PROCEDURE RULES - SPS Consultancy
CONTRACT PROCEDURE RULES - SPS Consultancy
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2.2 Chief Officers<br />
2.2.1 Chief Officers must:<br />
• ensure that their staff comply with Rule 2.1<br />
• keep registers of:<br />
–<br />
–<br />
contracts completed by signature, rather than by<br />
the council’s seal (see Rule 16.3) and arrange their<br />
safekeeping on council premises<br />
exemptions recorded under Rule 3.2.<br />
3. EXEMPTIONS, COLLABORATIVE AND<br />
E-PROCUREMENT ARRANGEMENTS<br />
3.1 The council and its Cabinet have power to waive any requirements<br />
within these contract procedure rules for specific projects, and any<br />
such decision may be a Key Decision.<br />
3.2 In exceptional circumstances, a Chief Officer also has the power,<br />
under the scheme of delegation in the Constitution, to waive any<br />
requirements within these contract procedure rules, provided that,<br />
where the contract is likely to exceed £40,000, the relevant Portfolio<br />
Holder is consulted.<br />
3.3 Where a proposed contract is likely to exceed the EU Threshold,<br />
a Chief Officer has no delegated powers and the matter has to be<br />
determined by the Cabinet or council (see Rule 3.1). No exemption<br />
can be used if the EU Procedure applies.<br />
3.4 Where an exemption is necessary because of an unforeseeable<br />
emergency involving immediate risk to persons, property or serious<br />
disruption to council services, the Officer and the Chief Finance<br />
Officer may jointly approve the exemption but they must prepare a<br />
report for the next Cabinet to support the action taken.<br />
3.5 All exemptions, and the reasons for them, must be recorded using<br />
the form in the Purchasing Guide. Exemptions shall be signed by<br />
the Officer and countersigned by the Chief Finance Officer.<br />
3.6 The Strategic Procurement and Contract Management Service<br />
must be consulted and an exemption approved by the Director<br />
of Governance prior to commencing any procurement process<br />
using Office of Government Commerce (OGC) Buying Solutions<br />
Contracts. The terms and conditions of contract applicable to<br />
any OGC arrangement, including the requirement to undertake<br />
competition between providers, must be fully complied with.<br />
3.7 Financial Officers must monitor the use of all exemptions.<br />
<strong>CONTRACT</strong> <strong>PROCEDURE</strong> <strong>RULES</strong> 3