Open Tendering is a one-stage process, where all interested providers responding to an advertisement may submit a tender. Exclusion grounds must be considered prior to assessing tenders.

The advertisement, published on Find a Tender and Contracts Finder as well as the local newspaper (News Shopper), will state where interested parties may obtain tender documents and the date when tenders are due back.

The competitive flexible procedure replaces many of the previous prescriptive procedures and provides the flexibility to design and run a bespoke procurement procedure and utilise the necessary commercial skills such as negotiation and dialogue. The Council has the flexibility to design their own process by building in multiple stages providing that the tender notice and associated tender documents clearly set out how the process will be carried out.

The advertisement, published on Find a Tender and Contracts Finder as well as the local newspaper (News Shopper), will state where interested parties may obtain the relevant documents and the date when applications are due back.

The Council must only consider the use of a direct award where one or more of the grounds for direct award are met and should first consider whether it is possible to undertake a competitive tendering procedure (open and competitive flexible). Direct award should only be used where a competitive tendering procedure has been explored and is not appropriate or cannot be used, even under the reduced timescales permitted in a state of urgency or any other exemptions.

A Framework Agreement is ‘a general term for agreements with providers which set out terms and conditions under which specific purchases (call-offs) can be made throughout the term of the agreement. Such agreements set out the terms and conditions for subsequent call-offs but place no obligations, in themselves, on the procurers to buy anything. With this approach, contracts are formed only when goods, works and services are called off under the agreement.’

The Council may use framework contracts, which are often let as collaborative ventures between various public sector organisations. One of the main reasons we use this option is that they offer the Council the opportunity to take advantage of economies of scale. Such arrangements are fully compliant and using them not only demonstrates best value in the prices charged but also significantly reduces the costs of procurement.

The Council maintains a number of lists of approved contractors and the majority of our construction related projects that fall below the Procurement Act 2023 thresholds are tendered by contractors chosen from these lists. These pre-qualified lists ensure that those firms employed by us to undertake works are suitably qualified to do so in terms of technical ability (including registration with appropriate trade organisations), financial stability (including compliance with the Construction Industry Tax Scheme), health and safety, equal opportunities and environmental policies.

Contractors are sought by public advertisement when the lists are reviewed every 3 years and applications are only considered following publication of this advertisement.

New lists usually come into effect from 1st June in the review year and the position on the list of a successful applicant is randomly selected by computer

Contractors are then selected for invitations to tender following a strict rotation procedure. These tender invitations are dependant on the Council’s programme of works in any 3 year cycle of the lists.

Presently the Council maintains approved lists for the following trades:

• building works
• mechanical services
• roofing works (pitched & flat)
• supply & Installation of Modular buildings
• general adaptations work for people with disabilities
• building consultants

Where there is no existing contract or approved list available, should the requirement exceed competitive thresholds within the Council’s Contract Procedure Rules, but not exceed Procurement Act 2023 thresholds, the Council invite tenders from pre-selected companies.