THE FIFE COUNCIL
CONTRACT STANDING ORDERS
SCHEME OF TENDER PROCEDURES
Made in terms of Section 81 of the Local Government (Scotland) Act 1973
Fife House,
North Street,
GLENROTHES,
Fife.
KY7 5LT
Coming into effect on 24th September 2009
Last Amended 1st November 2012
1
Last Amended on 01/11/2012
CONTENTS
ITEM
NO
ITEM
1
Commencement, Glossary of Terms and Process Flow Chart
4
2
Preliminary
9
3
Tendering Procedures for Different Contract Values
16
4
EU Procurement: Supplies/Services Contracts of £150,000 and
Above and Works Contracts of £4,000,000 and Above
17
5
Supplies/Services Contracts Between £14,000 and £149,999
and Works Contracts Between £25,000 and £3,999,999
24
6
Supplies/Services Contracts Below £14,000 and Works
Contracts Below £25,000
26
7
Tendering Process for all Contracts
26
8
Post Contract Award Procedures for Supplies, Services and
Works Contracts of £5,000 and Above
37
9
Disposal of Surplus Materials
38
PAGES
APPENDICES
PART TITLE
PAGES
A
Process Flow for Purchases Below £5,000
40
B
Process Flow for Purchases Between £5,000 and £13,999 for
Supplies/Services and Between £5,000 and £24,999 for Works
41
C
Process Flow for Purchases of £14,000 and Above for
Supplies/Services and of £25,000 and Above for Works
42
D
Delegated Procurement Authority Form
43
E
Document Retention Schedule
44
F
Request for Procurement Action Form
45
G
Notification of Intention to Invite Tender Form
46
H
Telephone Quotation Form
48
I
Example Low Value Tender Covering Letter & Brief Document
49
J
Non-Electronic PQQ/Tender Issuing, Submission and Opening
Procedures
53
K
Tender Return Notification and Record Form
59
L
Template – PQQ – Successful Letter
60
M
Template – PQQ – Unsuccessful Letter
62
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N
Template – Unsuccessful Letter – Mini-Competition
63
O
Template – Pre Standstill Successful Letter (OJEU)
64
P
Template – Pre Standstill Unsuccessful Letter (OJEU)
68
Q
Template – Post Standstill Award Letter (OJEU)
71
R
Template – Award Letter (non OJEU)
73
S
Template – Unsuccessful Letter (non OJEU)
74
T
Post Contract Award Information Form (For Contracts with a
value of £5,000 and above)
76
U
Savings and Benefits Form
77
V
Procedures for Inviting and Opening Offers Relating to the Sale
or Lease of Land and Property
79
W
Offer Return Notification and Record for Sale or Lease of Land
and Property
81
X
Procedures for Commissioning of Social Care Services
83
Y
Disposal of Surplus Material – Requirement to Establish a Sale
Process (Not Property)
83
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1.
COMMENCEMENT AND GLOSSARY OF TERMS
1.1 Commencement
This Scheme of Tender Procedures (hereinafter referred to as "the Contract
Standing Orders") shall apply and have effect as from 24th September 2009. This
Scheme replaces the Scheme which came into operation on 1st July 2004.
1.2 Glossary of Terms
“1973 Act” means the Local Government (Scotland) Act 1973.
“Aggregation” means prohibiting the splitting of requirements into smaller units or
orders in an attempt to circumvent EU Procurement rules / tendering procedures.
“Best Value” means the delivery of continuous improvement in the performance of all
the Council’s functions and activities (see 2.4 for further information). In the context of
this document “Best Value” also means the optimum combination of whole life cost and
quality (or fitness for purpose) to meet the customer's requirements.
“Buying Solutions” (formerly OGCbuying.solutions) means the national procurement
partner for UK public services and is an Executive Agency of the Office of Government
Commerce in the Treasury. Its primary role is to maximise the value for money
obtained by Government departments and other public bodies through the procurement
and supply of goods and services.
“CHAS” means Contractors Health and Safety Assessment Scheme. It is a scheme
established to ensure that consistent standards are applied to the initial assessment of
a contractor’s health and safety policy arrangements.
“Client” means the individual within the Commissioning Service and/or the Procuring
Service responsible for initiating the procurement requirement.
“Collaboration” means the bringing together of the same or similar procurement
requirements within Fife Council or amongst other appropriate organisations.
“Commissioning Service” means the Council Service initiating the Procurement
requirement.
“Committee Approval” means the approval of contract spend or an associated
contractual matter by the appropriate Council Committee.
“Constructionline” means the public private partnership that registers contractors and
consultants in the construction industry that have been through the Constructionline prequalification process.
“Contract Documents” means all documents issued by Fife Council as part of a
competitive tendering exercise.
“Contract Register” means the register of contracts placed by Procuring Services
across the Council that is maintained by Procurement and Supplies.
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“Contracting Authority” means the procuring body undertaking the procurement as
defined in the EU Regulations (see “EU Regulations”).
“Corporate Procurement” means the team within the Procurement and Supplies
Division within Finance and Procurement responsible for taking a holistic view of
procurement across the Council.
“Council” means The Fife Council constituted in terms of the Local Government etc.
(Scotland) Act 1994 and having its principal office at Fife House, North Street,
Glenrothes, KY7 5LT.
“e-Tender” means the electronic tender system which is used by the Council to upload
Tender documents and receive electronic tender responses.
“Economic Operator” means a contractor, supplier or service provider who may
propose their Services, Supplies or Works in response to the request of the Contracting
Authority (see “Contracting Authority”).
“Estimate” means a statement of the approximate charge for work to be done,
submitted by a legal person ready to undertake the work.
“EU” means the European Union.
“EU Consolidated Public Procurement Directive”, “EU Consolidated Directives”
or “EU Regulations” means the European Union Procurement Directives 2004/17/EC
and 2004/18/EC which set out detailed procedural rules which are based on the
principles outlined in the EC Treaty and which are intended to support the single market
by harmonising procedures. The Directives are given effect in Scots law :
(a)
for procurement exercises which commenced before 1st May 2012, by The Public
Contracts (Scotland) Regulations 2006 (SSI 2006 No 1) and The Utilities Contracts
(Scotland) Regulations 2006 (SSI 2006 No 2), as amended, and the Public
Contracts and Utilities Contracts (Scotland) Amendment Regulations 2009 (SSI
2009 No.428 as amended by No.439) which came into force on 20 January 2009;
and
(b)
for procurement exercises which commenced on or after 1st May 2012, by The
Public Contracts (Scotland) Regulations 2012(SSI 2012 No. 88) and The Utilities
Contracts (Scotland) Regulations 2012 (SSI 2012 No. 89);
and all references to the Regulations shall be interpreted accordingly.
“Framework Agreement” as defined by the EU Regulations means “an agreement or
other arrangement between one or more Contracting Authorities and one or more
Economic Operators which establishes the terms (in particular the terms as to price
and, where appropriate, quantity) under which the Economic Operator will enter into one
or more contracts with a Contracting Authority in the period during which the Framework
Agreement applies.” However it does not establish all the terms necessary for
completing subsequent orders / specific purchases (call-off contracts). Therefore an
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appropriate call-off mechanism needs to be built into the agreement e.g. a mechanism
for mini-competitions.
“Framework Contract” means the proposed agreement/contract that establishes all
the terms necessary for completing subsequent orders (call-off contracts).
“Most Economically Advantageous Tender” means the Tender offer that is most
economically advantageous from the Council’s point of view having regard to the
subject matter of the contract and may include matters such as quality, price, technical
merit, aesthetic and functional characteristics, environmental characteristics, running
costs, cost effectiveness, after-sales service, technical assistance, delivery date and
delivery period or period of completion (all as may be considered appropriate in relation
to any particular contract). N. B – this is not an exhaustive list.
“OJEU” means the Official Journal of the European Union.
“OneWorld” means the finance system used by the Council for the purposes of
recording various financial activities.
“Procurement Scotland” means the National Centre of Procurement Expertise tasked
with developing and implementing procurement strategies for commodities common to
all Scottish public bodies.
“Procurement and Supplies Division” means the Division within Finance and
Procurement responsible for purchasing some of the wide variety of Supplies, Services
and Works Fife Council need as well as offering procurement advice and best practice
guidance to all Council Services.
Procurement and Supplies Division is also
responsible for ensuring Best Value in the provision of Supplies, Services and Works to
customers through the development of strategic procurement policies and the effective
management of a co-ordinated purchasing and supply service.
“Procuring Officer” means any officer designated by the Head of the Procuring
Service to have particular responsibility for undertaking any procurement exercise (or
any part of a procurement exercise) on behalf of the Procuring Service. Each Procuring
Officer must be authorised to carry out procurement activities under the Register of
Procuring Officers maintained by the Procurement and Supplies Manager. As part of
this process each Procuring Officer may receive procurement training from Corporate
Procurement if required.
“Procuring Service” means the Council Service (see Table 1, paragraph 2.1.10)
responsible for procuring a particular requirement for Supplies, Services or Works or the
disposal of surplus materials and with the appropriate delegated authority.
“Purchase to Pay Costs” means the costs associated with the process of placing
orders through to paying of invoices.
“Qualified Tender” means a Tender containing caveats or additional conditions.
“Quotation” means a statement which may be obtained either verbally (in certain
circumstances) and then documented, or in writing, which specifies the price to be paid
by the Council and the Works, Services or Supplies to be provided in exchange for the
price.
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“Scotland Excel” means the Centre of Procurement Expertise serving all local
authorities and related organisations across Scotland with the aim of helping to improve
the efficiency and effectiveness of public sector procurement in Scotland.
“Services” means Services as defined in the EU Consolidated Public Procurement
Directive.
“Significant Trading Operation” means a trading operation for which the Council
must, in accordance with proper accounting practices, disclose trading accounts.
“Sponsor” means the individual responsible for certifying that sufficient funds exist
prior to the commencement of any procurement project.
“Standing Orders” means the Standing Orders for the Regulation of Proceedings and
Business of The Fife Council.
“Supplies” means Supplies as defined in the EU Consolidated Public Procurement
Directive.
“Tender” means a formal, usually competitive procurement process, where potential
suppliers, providers or contractors apply in writing for inclusion in a specific procurement
process and ultimately submit legally binding proposals for Supplies, Services or Works.
“Tenderer” means the supplier, provider or contractor that has applied in writing for
inclusion in a specific procurement process.
“Threshold” means the total aggregated value limits as defined within:
The EU Consolidated Public Procurement Directive in the first instance;
Fife Council Contract Standing Orders where the EU Consolidated Public Procurement
Directive does not apply as a result of OJEU thresholds not being exceeded.
“Transportation in-house Works Provider” means a Service delivering contractor
type services and operating a separate ‘memorandum trading account’ within the
Service budget e.g. Transportation Services, Roads Services Works Units.
“Works” means Works as defined in the EU Consolidated Public Procurement
Directive.
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Last Amended on 01/11/2012
Fife Council Procurement Process Flowchart
N.B. All amounts are exclusive of VAT and relate to the total value of the contract, not the annual value
Buy through established
route using OneWorld or
approved Council system
to raise the Purchase Order
(contact P&S if assistance
required)
Establish business case (if required), budgetary provision and/or
Committee approval (as appropriate) for the requirement
Yes
a) Below £2,000
No Quotations/ Tenders required,
however Best Value must be
demonstrated
b) Between £2,000 and £4,999
Three
Quotations
required.
Quotations can be received by
telephone, however they must be
evidenced and kept on file
(Appendix
H
Telephone
Quotation Form).
Quotations
may also be sought via the
Council’s web advertising portal.
Receive & evaluate
Quotations
Is there a pre-existing contract/priced framework which you can
use? Check FISH for details of existing Contracts or contact
Procurement & Supplies (P&S) for details
Is the total value of your requirement over the entire length of the Contract:
a) Below £2,000;
b) Between £2,000 and £4,999;
c) Between £5,000 and £13,999 for Supplies/Services or £24,999 for Works
d) £14,000 and Above for Supplies/Services or £25,000 and Above for
Works
c) Between £5,000 and £13,999 for
Supplies/Services or £24,999 for
Works
Use the Low Value Tender
document (see Appendix I) to obtain
three written Quotations. Quotations
may also be sought via the Council’s
web advertising portal. Contact P&S
for assistance or to request they run
the procurement exercise on your
behalf (non-Works contracts)
Establish statement of requirements/
specification, award criteria,
methodology, pricing schedule and set
a deadline for Quotations to be
returned.
Award contract and
advise unsuccessful
bidders
Contract Strategy signed off by
Procurement and Supplies Manager
(if applicable)
Tender documents drafted by
Procuring Officer and considered
by P&S Manager or the Executive
Director of the Procuring Service
Contract Report containing award
recommendation produced. The
report is then considered by P&S
Manager
Award contract and inform
unsuccessful
Tenderers
(taking account of standstill
period if necessary).
Tenders evaluated as
per award criteria
P&S* publish Contract Award
Notice, complete Post Contract
Award Form and send it to P&S
Manager.
* Or relevant procuring service (Property, Social Work, etc)
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Last Amended on 01/11/2012
No
d) £14,000 and Above for
Supplies/Services or £25,000
and Above for Works
Initiate formal Tender process with
P&S* by completing RFPA Form
(see Appendix F)
Procuring Officer will make
contact with the client to discuss
the
Contract
Strategy
(if
applicable).
The
Contract
Strategy
is
completed by the Procuring
Officer who will liaise with the
client to obtain information such
as:
- Value and length of contract
- Market capability and size
- Pricing Strategy for the
requirement
- Type of Procurement (Open,
Restricted, etc)
- Any risks and associated
mitigating factors, etc
- Membership of the tender
evaluation panel
Advert placed on Council advertising
web portal and other appropriate
publication(s) (if required) and
tender documents issued
Tenders received and
opened after deadline
P&S add the contract
details to the Contract
Register
2.
PRELIMINARY
2.1
Extent and Application
2.1.1 Fife Council makes these Contract Standing Orders in terms of section 81 of the
Local Government (Scotland) Act 1973.
2.1.2 The Contract Standing Orders must be interpreted in accordance with the key
principles of openness, fairness and non-discrimination.
2.1.3 Subject to the provisions of Contract Standing Order 2.2 (Exemptions), the
Contract Standing Orders apply to all contracts made by or on behalf of the
Council for the execution of Works, for the provision of Supplies and for the
provision of Services.
2.1.4 The Contract Standing Orders are subject to the over-riding provisions of
European Union, United Kingdom, or Scottish legislation. They are also subject
to any EU Commission, UK Government or Scottish Government guidance on
public procurement that may be issued from time to time.
2.1.5 All Council personnel shall comply with the terms of the Contract Standing
Orders. Failure by any employee to comply with the Contract Standing Orders
may result in disciplinary action.
2.1.6 The Contract Standing Orders will be reviewed and amended (if required) on an
annual basis or as and when required by the Procurement and Supplies Manager
only. Any alterations to the Contract Standing Orders other than of a minor
technical nature or required to be enacted immediately to ensure compliance with
statutory obligations that do not have a significant policy impact require to be
approved by the Executive Committee before being implemented. The current
version is available for download from the Procurement and Supplies area of
FISH.
2.1.7 The Contract Standing Orders will be applied and interpreted in a manner which
takes account of the obligations contained within the Fife Council Standing
Orders and the Fife Council Financial Regulations and Employee Code of
Conduct. In particular, regard should be taken to section 4.4 Orders for Goods
and Services and section 4.11 Contracts for Building, Construction and
Engineering work of the Fife Council Financial Regulations.
2.1.8 All directors or trustees of associated or subsidiary companies, arms length
external organisations or other bodies whose accounts form part of the Council's
Group Accounts shall ensure that they adhere to the procedures set out in these
Contract Standing Orders, Fife Council Standing Orders, and the Fife Council
Financial Regulations. It is recognised that such bodies will have their own
separate management structures and so will have a different executive approvals
process for the conduct of procurement activities and the award of contracts. In
matters not covered by these approval processes, directors or trustees shall
follow the procedures set out here.
2.1.9 Any query regarding the application or interpretation of these Contract Standing
Orders should be made in the first instance to the Procurement and Supplies
Manager or the Chief Legal Officer.
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Last Amended on 01/11/2012
2.1.10 Table 1 sets out the delegated contracting authority for Fife Council:
Table 1: Delegated Contracting Authority
Service
All Services
Procurement and Supplies
Building Services, Asset and
Facilities Management Services
Property Services, Asset and
Facilities Management Services
Corporate Asset Management
Services, Asset and Facilities
Management Services
Housing and Neighbourhood
Services
Transportation Services
Social Work Services
Fife Constabulary
Fife Fire and Rescue
Type & Value (excluding VAT)of
Tendering Exercises able to be
Undertaken
Service/Supplies Tenders below
£14,000
All Tenders (Supplies, Services and
Works) of any value
Works and Property related Services
Tenders of any value
Works and Property related Services
Tenders of any value
Tenders involving significant
investment in refurbishment of existing,
or establishment of new Council
Assets (predominantly buildings) of
any value
Works Tenders relating to
Occupational Therapy Adaptations
below £25,000
Works and transportation related
Services Tenders of any value
Supplies Tenders related to one-off
projects tendered for by the in-house
Works provider
Social Care Service Tenders of any
value
Services/Supplies Tenders below
£14,000 and Works Tenders below
£25,000
Services/Supplies Tenders below
£14,000 and Works Tenders below
£25,000
As can be seen from the above table, Property Services; Building Services; Corporate
Asset Management; Transportation Services and Social Work Services are the only Fife
Council Services outwith Procurement and Supplies Division authorised to undertake
their own tendering processes of £14,000 and above. Housing and Neighbourhood
Services are solely authorised to undertake tendering exercises relating to Occupational
Health Works contracts below £25,000.
2.1.11 Upon request, Procurement and Supplies can undertake procurement projects
on behalf of all Services. See Request for Procurement Action Form (Appendix
F).
2.1.12 All employees in those Services authorised to undertake their own tendering
processes and whose role involves procurement activity where Contract
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Last Amended on 01/11/2012
Standing Orders 4 and 5 apply should complete the Delegated Procurement
Authority Form (Appendix D). Such employees will then be included on the
Procuring Officer Authority List as Procuring Officers. This list will be held and
maintained by Procurement and Supplies. Only employees included on the
Procuring Officer Authority List are permitted to undertake a tendering exercise.
2.1.13 All employees whose role involves procurement activity where Contract
Standing Orders 4 and 5 would apply who feel that procurement training would
be of benefit to them should contact Procurement and Supplies for advice and
information.
2.1.14 Delegation of Procurement Activity
In circumstances where the Procurement and Supplies Manager, the Chief
Legal Officer, the Head of Asset & Facilities Management Services or the
Executive Director of the Procuring Service select not to carry out the duties as
prescribed in this Scheme of Tender Procedures, they should nominate a
delegated representative who will have the authority to act in lieu of them.
Wherever the aforementioned roles are stated in the document it shall be taken
to mean that their “delegated representative” may also carry out the prescribed
tasks in circumstances where they are unavailable.
2.1.15 It is the responsibility of each Procuring Service to ensure they have written
procedures in place to ensure the Procuring Officer has complied with these
Contract Standing Orders.
2.1.16 Any contravention of or potential non-compliance with these Contract Standing
Orders must be reported immediately to the Procurement and Supplies
Manager and the Senior Manager (Standards & Governance), who may discuss
the matter with Senior Managers as appropriate, to determine any action to be
taken.
2.1.17 No employee who has a potential conflict of interest or a direct or indirect
pecuniary interest in the Tender should be involved in the tendering process.
2.2
Exemptions from the Application of Contract Standing Orders (for rules
regarding Significant Trading Operations, see 2.3)
2.2.1
Whilst the following are exempt from the application of the Council’s Contract
Standing Orders, it must be noted that they are not exempt from the
application of the requirements of the EU Consolidated Public
Procurement Directive, the Public Contracts (Scotland) Regulations 2012
and the Public Contracts and Utilities Contracts (Scotland) Amendment
Regulations 2009 where they apply.
2.2.2
Any contract of direct employment.
2.2.3
Any contract declared to be exempt from the application of Contract Standing
Orders by the Council or committee because the exemption is justified by
special and exceptional circumstances as detailed in 2.2.4.
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2.2.4
Exemption is declared because of an immediate need created by a sudden,
unforeseen, real and demonstrable emergency that creates risk to life or
damage to property or council systems. For example, a fire results in the
Council refuse collection vehicles being written-off and therefore unuseable.
N.B. Delays caused by a lack of sufficient procurement planning and/or
internal process delays are not examples of special and exceptional
circumstances.
2.2.5
Any contract relating to the disposal or lease of land and/or buildings where
offers have been sought and a closing date fixed. See Appendices U and V.
2.2.6
Contracts relating to the lease or disposal of heritable property. See
Appendices U and V.
2.2.7
Any Contract entered into by a consortium, partnership, collaboration, company
or similar body of which the Council is a member or registered user, which body
exists for the purpose of joint purchasing arrangements, and where such body
has invited Tenders for the provision of Supplies or Services e.g. Office of
Government Commerce, Procurement Scotland and Scotland Excel.
2.2.8
Certain Social Care contracts which shall be subject to separate procedures as
laid down in Appendix W.
2.2.9 Where the Procuring Officer has satisfied the Procurement and Supplies
Manager that:

The requirement is not readily obtainable from more than one supplier,
service provider, or contractor, and it can be demonstrated that no
equivalent is available; or that;

The prices of the Supplies, Services or Works are wholly controlled by trade
organisations or government order and it can be demonstrated that no
equivalent is available; or that

The requirements are subject to intellectual property rights and it can be
shown that either no suitable alternative is available, or that exposure to
competition of an item covered by copyright, patent, or trademark would
breach such rights. Note that where an item is described by a reference to a
trade name, it must be followed by the phrase “or equivalent”.
2.2.10 The Contract Standing Orders may be suspended either in whole or in part by
the Executive Committee in respect of the proposed award of any contract
upon the joint recommendation of the Executive Director of the Procuring
Service, the Chief Legal Officer and the Procurement and Supplies Manager.
This is subject to the provisos that:
 There are special circumstances justifying the suspension; and
 The suspension is within the statutory powers of the Council and does not
contravene any national, UK or EU legislation.
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2.3
Exemptions from the Application of Contract Standing Orders relating to
Significant Trading Operations (STO) and Transportation in-house Works
Provider
2.3.1
The Council may arrange for work to be carried out by one of its Significant
Trading Operations (STO) or its Transportation in-house Works Provider where,
the Procurement and Supplies Manager, the Head of Asset & Facilities
Management Services or Head of Transportation Services is satisfied that such
an arrangement represents Best Value.
2.3.2
Prior to any work being awarded to a STO or Transportation in-house Works
Provider, the STO or Transportation in-house Works Provider must submit a
written statement detailing the price or rates to be charged to the Procurement
and Supplies Manager, the Head of Asset & Facilities Management Services or
Head of Transportation Services.
2.3.3
For the purpose of preparing a written statement a STO or Transportation inhouse Works Provider may obtain Estimates/Quotations from the suppliers of
materials or sub-contractors. However an STO or Transportation in-house
Works Provider may not wholly sub-contract any work awarded to it.
2.3.4
In the event of the Procurement and Supplies Manager, the Head of Asset &
Facilities Management Services or Head of Transportation Services accepting
a written statement by a STO or Transportation in-house Works Provider for
work which will necessitate the purchase of materials or the use of subcontractors, then the STO or Transportation in-house Works Provider will
arrange for Quotations/Tenders to be obtained. Tenders will be invited in
accordance with the Council's procedures for inviting and opening Tenders.
2.3.5
STO’s or the Transportation in-house Works Provider need not follow the
procedures for inviting and opening Tenders in the following circumstances:

Where the Council has made arrangements for a "Framework Agreement"
or "Call-Off Contract" in respect of the Supplies, Services or Works which
are required.

Where the nature or quantity of the Supplies, Services or Works required
is such that it would not be appropriate/reasonable to make use of an
existing "Framework Agreement" or "Call-Off Contract" and the date by
which the works have to be completed makes it impractical to use the
normal procedures for inviting and opening Tenders, taking into account
paragraph 2.2.4.
2.3.6 Where the circumstances set out in 2.3.5 apply then the relevant STO Manager
or Head of Transportation Services may place an order direct with a supplier in
accordance with the appropriate procedures. The STO Manager or Head of
Transportation Services must be able to demonstrate that placing the order
represents Best Value. The Head of Asset & Facilities Management Services
must be notified as to the details of the purchase by the STO Manager or the
Head of Transportation Services. The Procurement and Supplies Manager must
also be notified, dependent on value (Appendix T).
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2.4
Best Value
2.4.1 The Council has a duty to secure Best Value by virtue of the provisions contained
in Part 1 of the Local Government in Scotland Act 2003.
2.4.2 The Council has a duty to secure Best Value and procurement is one of the tools
used to deliver Best Value.
2.4.3 Best Value in procurement is the optimum combination of price and quality
(whole life cost or total acquisition cost) to meet any requirement, not simply
price alone.
2.4.4 Best Value represents continuous improvement in the performance of the
Council's functions and in securing Best Value the Council must maintain an
appropriate balance among:
 The quality of its performance of its functions;
 The cost to the Council of that performance; and
 The cost to persons of any service provided by the Council to them on a
wholly or partly rechargeable basis.
2.4.5 In maintaining that balance, the Council shall have regard to:
 Efficiency;
 Effectiveness;
 Economy; and
 The need to meet equal opportunity requirements.
2.4.6 The Council must also discharge its duty to secure Best Value in a way which
contributes to the achievement of sustainable development (see 2.5 below).
2.4.7 Whole life cost will typically apply to an asset or service with an extended life and
incorporates the total cost over the life of the asset or service. It will include the
following basics:
 Purchase price;
 Purchase to pay costs;
 Operating costs;
 Maintenance costs;
 Disposal costs.
2.4.8 Total acquisition cost will typically apply to Supplies and Services with a very
limited life and where there will be no operating or maintenance costs or disposal
issues. It will be restricted to the following:
 Purchase price;
 Purchase to Pay Costs.
2.4.9 Award of contracts will be on the basis of either the Most Economically
Advantageous Tender (MEAT) or the lowest price. Where the MEAT option is
used, the evaluation of proposals and subsequent award of contract must be
based on quality aspects relevant to the requirement and whole life cost or total
acquisition cost, not short-term lowest price alone.
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Last Amended on 01/11/2012
2.4.10 Advice on the application of whole life cost and/or total acquisition cost should be
sought from Procurement and Supplies.
2.5
Sustainability
2.5.1 Sustainable Procurement incorporates environmental, economic and social
considerations.
2.5.2 Sustainable Procurement, where relevant to the subject matter of the contract,
should be incorporated into every procurement process.
2.5.3 Environmental considerations such as recycled or part recycled goods and
energy efficient products should be incorporated where possible, always
ensuring that suppliers are not, as a result of such requirements, excluded from
submitting alternative proposals as this could be subject to challenge or
complaint.
2.5.4 Social considerations will typically focus on community benefits and be achieved
through larger scale construction projects. Benefits such as employment, training
and regeneration should be incorporated where possible.
2.5.5 Community benefits should always relate to the subject matter of the contract
and should not disadvantage any contractor. To avoid the latter the community
benefits should not be limited to a defined local area. Categories such as ‘longterm unemployed’, ‘young people’, ‘trainees’ etc. can be used.
2.5.6 Other benefits such as supporting Small and Medium sized Enterprises by
ensuring that they can compete on a level playing field should also be
considered.
2.5.7 Sustainability cannot, and must not, be the sole criteria for award of contract.
2.6
Budgetary Provision
2.6.1 The Council’s Financial Regulations make reference to the requirement to control
capital and revenue expenditure, and therefore the terms of those Regulations
must be implemented in the context of activity covered by these Contract
Standing Orders.
2.6.2 In this respect, the Sponsor or Client must certify that sufficient funds exist prior
to the commencement of any procurement project. If the cost of the requirement
is not known when it arises, similar requirements elsewhere may be used as a
baseline. Informal consultation with potential providers, without making any
commitment, may also be used.
2.6.3 In respect of Works contracts, where expenditure has been clearly identified and
approved in the capital programme or revenue budget for a Service then Tenders
may be invited without the necessity of obtaining further Committee Approval.
2.7
Strategic Review of Service Provision
2.7.1 Where a Service plans to undertake a strategic review of their service provision,
Procurement & Supplies should be contacted at the outset of any such review to
ensure that any relevant procurement issues are identified and addressed.
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3.
TENDERING PROCEDURES FOR DIFFERENT CONTRACT VALUES
3.1
The procedure for the award of any contract depends upon the estimated value
of that contract. The relevant values and the associated tendering procedure that
must be applied are detailed in Table 2 below. These values are exclusive of
VAT and relate to the full potential life of the contract (i.e. including possible
extension periods).
Table 2: Relevant Values and Associated Tendering Procedures
CONTRACT TYPE
CONTRACT VALUE
(excluding VAT)
Works
£4,000,000 and above
Supplies/Services
£150,000 and above
EU Procedure. See Contract
Standing Orders 4 and 7.
Works
Between £25,000 and
£3,999,999
Non EU Procedure but must
advertise. See Contract
Standing Orders 5 and 7.
Supplies/Services
Between £14,000 and
£149,999
Non EU Procedure but must
advertise. See Contract
Standing Orders 5 and 7.
Works/Supplies/
Services
Between £5,000 and
£13,999
(Supplies/Services) or
£24,999 (Works) in cases
where tendering is
inappropriate
Non EU Procedure and not
required to advertise but best
practice to do so. Low Value
Tendering Procedure. See
Standing Order 6.
Works/Supplies/
Services
Between £2,000 and
£4,999
No Tender procedure
required (Quotations only).
See Standing Order 6.
Below £2,000
No Tender procedure or
Quotations required. See
Standing Order 6.
Works/Supplies/
Services
APPLICABLE TENDERING
PROCEDURE
EU Procedure. See Contract
Standing Orders 4 and 7.
These values will be reviewed in accordance with any revision of the threshold values
for Supplies, Services or Works contracts intimated from time to time by the EU
Commission. All other financial limits specified in the Contract Standing Orders shall
be subject to review from time to time in accordance with Contract Standing Order
2.1.6.
3.2
Check for Existing Contractual Arrangements
Before entering into a tendering procedure, the Procuring Officer must consider
whether any existing contracts or Frameworks accessible to them might fulfil their
requirement. This includes Council-wide contracts put in place by Procurement
and Supplies and collaborative contracts put in place by other appropriate
organisations (Buying Solutions, Scotland Excel, etc).
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3.2.1 Procurement via Fife Council Framework Agreements or via collaborative
Framework Agreements put in place by other appropriate organisations may be
undertaken in compliance with the procedure required by the particular
Framework Agreement. With the exception of the requirement to advertise, all
other processes as described in these Contract Standing Orders shall apply to
procurements from Framework Agreements.
3.3
Competition
3.3.1 It is a fundamental principle of Public Sector procurement that purchases should
be made as a result of competition.
3.3.2 Dispensing with competition at any level of purchase, which may amount to
unfair discrimination, is contrary to the provisions of the Treaty of Rome.
Decisions to proceed with a non-competitive purchase above the prescribed sum
for the obtaining of Quotations, and the justifications for taking them must be
recorded, and must only be made within the rules set out in Contract Standing
Order 2.
4.
EU PROCUREMENT: SUPPLIES/SERVICES CONTRACTS OF £150,000 AND
ABOVE AND WORKS CONTRACTS OF £4,000,000 AND ABOVE
4.1
This Contract Standing Order applies together with the procedures in Contract
Standing Order 7 where the Procuring Officer proposes to award any contract
with an estimated value equal to or exceeding the prescribed EU Threshold.
4.2
Prescribed EU Thresholds
With effect from 1st January 2012, the prescribed EU Thresholds are as follows:
Table 3: EU Thresholds
Contracts for the execution of Works
Contracts for the supply of Supplies
Contracts for the provision of Services
£4,348,350
£173,934
£173,934
N.B. The EU Thresholds are revised every two years and care should be taken
to ensure the current versions are used.
4.2.1 Values are exclusive of VAT and relate to the full potential life of the contract (i.e.
including possible extension periods). N.B. The values prescribed in these
Contract Standing Orders are not identical to those stated within the Public
Contracts (Scotland) Regulations 2012. Lower values have been prescribed in
order to safeguard the Council from any potential challenge.
4.3
Aggregation
4.3.1 The Procuring Officer must take into account the aggregate value of any single
requirement for Works, Services or Supplies across the whole Council to
determine if it exceeds the EU Threshold. If so, even if the procurement of any
such requirement is split among a number of contracts which, taken individually,
are below the Threshold values, each of these contracts is subject to the EU
Regulations in the same way as if the requirement were procured through a
single large contract.
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4.3.2 The following rules for Aggregation must be applied by the Procuring Officer:
If there are a number of contracts for a single requirement for the same type of
Works, Supplies or Services then the total value of the individual contracts (or
“lots”) must be aggregated. If the aggregate value over the contract term equals
or exceeds the relevant EU threshold then the EU Regulations apply to the
award of each contract.
4.3.3 Breaking down or disaggregating requirements in order to avoid the necessity of
exposing them to competition is prohibited as being contrary to EU Regulations
and must not be carried out under any circumstances.
4.4
Mixed Procurement
4.4.1 The EU Regulations include rules for determining how to treat mixed
procurement comprising Supplies, Services and Works.
4.4.2 Part A/Part B Services
Where Services specified in both Parts A and B of the “Categories of Services”
as described in Schedule 3 to the EU Regulations are to be provided under a
single contract, then the entire contract shall be treated as:
(i) a Part A Services contract if the value attributable to the Services
specified in Part A exceeds that attributable to those specified in Part B;
and
(ii) a Part B Services contract if the value attributable to the Services
specified in Part B is equal to or exceeds that attributable to those
specified in Part A. If the value of the Part A Services exceeds the
relevant EU threshold, however, then the entire contract must be
advertised as a Part A Services contract.
4.4.3 Services/Supplies
Where Services and Supplies are to be provided under a single contract, then
the entire contract shall be treated as:
(i) a Services contract if the value attributable to the Services element
exceeds that attributable to the Supplies; and
(ii) a Supplies contract if the value attributable to the Supplies element is
equal to or exceeds that attributable to the Services.
4.4.4 Services/Works
Where a contract for Services includes “Activities Constituting Works” as
described in Part 10 Schedule 2 to the EU Regulations that are only incidental to
the principal object of the contract then the entire contract can be treated as a
Services contract or vice versa.
4.4.5 Supplies/Works
Where a contract for Supplies includes “Activities Constituting Works” as
described in Part 10 Schedule 2 to the EU Regulations that are only incidental to
the principal object of the contract then the entire contract can be treated as a
Supplies contract or vice versa.
4.5
EU Procurement Procedures
All procurement under the EU Regulations shall be carried out in accordance
with one of the following procedures:
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



The open procedure;
The restricted procedure;
The negotiated procedure with or without prior publication of a Contract
Notice;
The competitive dialogue procedure.
4.5.1 Open Procedure
This is a straightforward “one stage” tendering procedure. The assessment of
suppliers and their qualifications to undertake the contract takes place at the
same time as the evaluation of their Tender.
4.5.2 Restricted Procedure
This is a two stage procedure, suitable where the Council wants to limit the
number of suppliers who are invited to Tender. The assessment of suppliers and
their qualifications to undertake the contract is carried out as an initial “prequalification” stage through the issue of a Pre-Qualification Questionnaire (PQQ).
The Council is then entitled to select those suppliers who meet the PQQ
requirements for invitation to Tender. A minimum of 5 Tenderers must, wherever
possible, be invited to Tender. The minimum and/or maximum number of
Tenderers to be taken forward to the invitation to tender stage must be declared,
this can be done in the form of a range, e.g. 6-8.
4.5.3 Negotiated Procedure
This procedure may only be used where expressly permitted under the EU
Regulations. The Procuring Officer must obtain the prior written permission of
the Procurement and Supplies Manager or Chief Legal Officer in order to use the
negotiated procedure. There are two forms of the negotiated procedure:

Negotiated procedure where publication of a Contract Notice is
mandatory; and

Negotiated procedure where publication of a Contract Notice is not
mandatory.
4.5.4 Competitive Dialogue
This procedure is only available in limited circumstances when a particularly
complex contract is being procured. The Procuring Officer must obtain the prior
written permission of the Procurement and Supplies Manager or the Chief Legal
Officer in order to use the competitive dialogue procedure. The nature of the
procedure allows the Council, through dialogue with suppliers, to develop a
specification best suited to meeting its needs. A minimum number of 3
Tenderers must, wherever possible, be invited to participate in the dialogue.
4.5.5 Procuring Officers shall ensure that the selected procedure is carried out in
accordance with the relevant provisions of the EU Regulations. The
Procurement and Supplies Manager or the Chief Legal Officer must be consulted
for legal advice in order to ensure compliance with the relevant provisions.
4.6
Advertising
Contracts affected by the EU Regulations must be advertised in the Official
Journal of the European Union (OJEU). There are three kinds of notices which
may require to be published (depending on the procedure selected) in the OJEU
at different stages in the procurement process as follows:
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4.6.1 A Prior Information Notice (PIN) which gives advance notice of details of
forthcoming contract opportunities to potential suppliers, including a forecast of
when the Contract Notice will appear in the OJEU. Each PIN must be published
at least 52 days and no more than 12 months before despatch of the Contract
Notice;
4.6.2 A Contract Notice giving more details about the particular contract including the
criteria by which the contract is to be awarded (if not declared at this stage, the
criteria MUST be included in the Invitation to Tender document itself);
4.6.3 A Contract Award Notice giving details of any contract awarded under the EU
Regulations which must be published regardless of whether any of the other
Notices have been published.
4.6.4 The Council’s advertising web portal must be used for the above.
4.6.5 The Procuring Officer may also wish to consider whether it is appropriate to
advertise the contract opportunity in other media e.g. Trade Journal, Local /
National Press.
4.6.6 Where the Procuring Officer wishes to retain an option to extend the period of
any contract in accordance with the provisions of these Contract Standing
Orders, the Procuring Officer shall ensure that the Contract Notice expressly
states that the contract may be extended for a specified period at the Council’s
discretion. (Note – this must also be allowed for in the contract documents).
4.7
Timescales
N.B. A limited timescale is not classed as a special circumstance and
cannot be used as a reason for not undertaking a tendering procedure.
4.7.1 The EU Regulations set out timescales that must be applied for expressions of
interest and/or submissions of Tenders. These depend upon the procedure that
has been selected and whether or not a PIN has been placed. The Procuring
Officer must ensure that, as a minimum, the relevant timescale detailed in Table
4 below is applied during the EU tendering procedure. These are minimum
timescales and may be extended (but not reduced) at the discretion of the
Procuring Officer. The timescales stated are calendar days, not working days.
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Table 4: EU Procurement Procedures: Minimum Timescales Including Applicable
Discounts Available Where Electronic Means of Communication Used.
Procedure
Open
Receipt of
Invitation to Tender
Request to
through to
Participate
Receipt of Tenders
<<<<<<<<Tender Receipt>>>>>>>>
Contract
Notice
With ECN
With ETD
Standard
52 days
45 days
40 days
With PIN
36 days
29 days
24 days
40 days
(36 PIN)
35 days
(31 PIN)
Minimum
Timescales
Contract
Award
Contract
Award
Notice
48 days
Restricted
37 days (30 ECN)
48 days
Restricted
Accelerated
15 days (10 ECN)
10 days
Competitive
Dialogue
37 days (30 ECN)
Not specified
48 days
Negotiated
37 days (30 ECN)
Not specified
48 days
25 (20 ETD)
48 days
Negotiated
15 days (10 ECN)
Not specified
48 days
Accelerated
Must allow 10 day minimum mandatory Standstill period before contract/order commencement if electronic
communication is used, 15 days if at least one recipient receives the notice by post
ECN – Electronic Contract Notice (with ECN timescales can be reduced by up to 7 days depending on
procedure used to a minimum period of 10 days)
PIN – Prior Information Notice
ETD - Electronic Tender Documents (with ETD timescales can be reduced by 5 days)
N.B: Timescale period commences from the day following date of despatch of relevant
notice to the OJEU by the team at the Council’s web advertising portal. If the notice is
submitted to the Council’s web advertising portal by 16:30 on a weekday it should be
processed to OJEU the same day. Any notices sent to the Council’s web advertising
portal after 17:00 should be processed the next working day. Timescales must be
extended if required due to the complexity of the particular procurement. Where Tender
response periods are not specified, sufficient time should be allowed from the despatch
of the invitation to tender to enable compliance with Contract Standing Order 4.8.3.
4.8
Use of Accelerated Procedures
4.8.1 In cases of urgency rendering compliance with the normal timescales impractical,
with the prior written approval of the Procurement and Supplies Manager or the
Chief Legal Officer, the timescales in the restricted procedure or the negotiated
procedure (with prior advertisement) for expressions of interest can be reduced
to 15 days and for return of Tenders to 10 days. An explanation why the
accelerated timescales are used must be included in the Contract Notice.
(Urgency, in this context must be narrowly defined and must normally arise for
reasons external to the Council. It does not cover situations of administrative
inefficiency). The Procuring Officer shall prepare and retain a written report
regarding reason(s) why the accelerated timescale was applied in relation to any
particular tendering procedure.
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4.8.2 Table 4 also shows applicable reductions in timescales for certain procedures
where electronic means of communication and information exchange are used as
follows: By seven days where the Contract Notice is drawn up and transmitted by
electronic means in accordance with the format and procedure set out on the
EU Commission’s SIMAP website (www.simap.europe.eu). N.B. The
Council’s web advertising portal is compliant with this requirement;
 By five days where the Council offers unrestricted and full direct access by
electronic means to the contract documents from the date of publication of the
Contract Notice and the Contract Notice specifies the Internet address at
which the documents are available.
4.8.3 In the event that any Tenderer reasonably requests further information relating to
the contract documents, such information must be sent out not later than six days
before the last date for receipt of Tenders (or four days if the restricted or
accelerated procedure is being used). The same information must also be made
available to all other Tenderers within the same timescales.
4.9
Tenderers Rights to Information Regarding Contract Awards
As soon as possible after a decision has been made, following the evaluation
process set out in Contract Standing Order 7.11, to award any contract to the
successful Tenderer(s):
4.9.1
The Pre Standstill Successful Letter(s), shall be issued by the Procurement and
Supplies Manager or the Chief Legal Officer in accordance with Contract
Standing Order 7.15: and
4.9.2
The Procurement and Supplies Manager or the Chief Legal Officer shall at the
same time as the Pre Standstill Successful Letter(s) issue the Pre Standstill
Unsuccessful Letter(s) informing unsuccessful Tenderers of:
 The criteria for the award of the contract, where practicable;
 The name of the successful Tenderer(s)
 The score obtained by:- That unsuccessful candidate/Tenderer; and
- The successful Tenderer(s)
 A summary of the reasons why the Tenderer was unsuccessful
 The characteristics and relative advantages of the successful Tender
 A precise statement as to the effect of the standstill period on the recipients’
rights
4.9.3
Standard templates for the relevant letters to be issued are provided at
Appendices L, M, N, O, P and Q.
4.9.4
As soon as possible after any decision to abandon, or re-commence an award
procedure, the Procuring Officer must inform all Tenderers providing a
justifiable reason for the decision as per Part 5 Regulation 32 of the EU
Regulations.
4.9.5
Debriefs should be provided within 15 days of receipt of a written request from
candidates eliminated at the PQQ or Tender stages. Information provided in a
debrief meeting must be entirely consistent with the information included in the
letters issued.
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4.10
Mandatory Standstill Period
With the exception of Part B Services as described in Part 10 Schedule 3 to the
EU Regulations:
4.10.1 There must be a minimum standstill period of 10 calendar days (15 calendar
days where at least one recipient receives the notice by post) between the date
of informing Tenderers of the award decision and making the actual award of
the contract. Day 1 of the standstill period begins the day after the notice is
sent. The standstill period must expire on a working day. If day 10 is not a
working day, the contract can only be awarded the day after the next working
day.
4.10.2 If there has been no judicial interruption the Post Standstill Award Letter
(Appendix Q) should be sent to the successful Tenderer by the Purchasing and
Supplies Manager or the Chief Legal Officer.
4.11
Special Types of EU Contract/Procedures
4.11.1 Framework Agreement
A Framework Agreement is a general term for agreements with Economic
Operators which set out terms and conditions under which specific purchases
(call-offs) can be made throughout the term of the agreement. Part 3
Regulation 19 of the EU Regulations must be applied to the award of any
Framework Agreement.
4.11.2 In awarding any Framework Agreement under the EU Regulations:
 The term of the Framework Agreement must not exceed four years unless
the Procuring Officer obtains the prior written agreement of the Procurement
and Supplies Manager or Chief Legal Officer that there are exceptional
circumstances justifying a longer duration;
 No substantial change may be made to the terms of the Framework
Agreement when any contract is awarded under that Framework: and
 No Framework Agreement may be used in any improper manner to distort
competition or avoid application of the EU Regulations or these Contract
Standing Orders.
4.11.3 In awarding any contract under a Framework Agreement:
 The contract must comply with all the substantive terms set out in the
Framework Agreement as originally awarded.
 Where there is more than one Framework supplier:
1. Provided that there were sufficient qualified candidates and compliant
Tenders, the Framework Agreement must be entered into with at least
three suppliers; and
2. Any contract under the Framework Agreement must be awarded either:
(i) Through the application of terms set out in the Framework
Agreement without further competition, or
(ii) Where not all the terms of the proposed contract are laid
down in the Framework Agreement, through a minicompetition
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4.11.4 Where award of the contract is made through mini-competition:
 Award criteria for any mini-competition must be stated in the Framework
Agreement;
 All Framework suppliers capable of performing the contract must be informed
in writing about the contract and invited to Tender by a specified reasonable
deadline; and
 The contract must be awarded to the Tenderer who submitted the best
Tender in accordance with the award criteria stated in the Framework
Agreement.
 Letters must be sent to unsuccessful Tenderers to inform them of the
outcome of the mini-competition (Appendix N)
4.12
Special Rules: Works Concessions; Public Housing Schemes; Design
Contests
Such contracts must be awarded in accordance with the relevant rules set down
in the EU Regulations. The Procuring Officer shall consult the Procurement and
Supplies Manager or the Chief Legal Officer prior to commencing any tendering
procedure for the award of such contracts.
5.
SUPPLIES/SERVICES CONTRACTS BETWEEN £14,000 AND £149,999 AND
WORKS CONTRACTS BETWEEN £25,000 AND £3,999,999
This Contract Standing Order applies together with the procedures in Contract
Standing Order 7 where the Procurement and Supplies Manager or the Chief
Legal Officer propose to award any contract with an estimated value between
£14,000 and £149,999 (for Supplies or Services) or between £25,000 and
£3,999,999 (for Works):
5.1
5.2
Advertising
5.2.1 All competitively tendered contracts must be advertised on the Council’s
advertising web portal and in accordance with Standing Order 4 where they may
be deemed to be potentially of interest to Economic Operators located in other
Member States of the European Union.
5.2.2 In addition to 5.2.1, the Procuring Officer should consider whether it is
appropriate to advertise the contract opportunity in other media e.g. Trade
Journal, Local / National Press.
5.3
Tender Lists
5.3.1 If any Company requests to be added to a “Tender list”, the Council Officer
receiving the request should instruct them to register with the Council’s
advertising web portal which will allow them access to view Tender opportunities.
5.3.2 The methods used to select potential Tenderers must be fair, open and
transparent. Standing lists of “approved” suppliers must not be used. However,
it is permissible to contact organisations and alert them to Tender opportunities.
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5.4
Recognised Industry Pre-Qualification Schemes
5.4.1 Schemes such as Constructionline, CHAS etc cannot be used as a tool to select
suppliers; but can be used to aid the evaluation process. i.e. an organisation that
is registered on Constructionline/Constructionline approved may automatically
pass the “health and safety” criteria of evaluation if appropriately registered. This
would be on the basis that the health and safety of the organisation has already
been vetted and approved by an independent body and at an acceptable level of
quality. Additional information on any of the criteria may be required depending
on the nature of the requirement. The information may be evaluated (scored) as
part of the selection/award criteria.
5.4.2 The Council must not stipulate that an organisation must be a member of
Constructionline, CHAS etc as this is deemed discriminatory. The Procuring
Officer may ask the Tenderers to declare whether they are a member of
Constructionline, CHAS etc or not. An organisation cannot gain additional points
or credit if they are a member but it may aid the evaluation of an organisation in
terms of specific criteria. An organisation who is not a member of
Constructionline, CHAS etc cannot be ruled out on that basis and will need to be
further assessed against the criteria in question.
5.5
Timescales
It is not mandatory to comply with the timescales set out in Table 4 of the
Contract Standing Orders although the Procuring Officer may choose to employ
the EU timescales as a guide to best practice. The Procuring Officer must
consider the complexity of the requirement and allow adequate time for the
Tenderers to respond.
5.6
Standstill Period
It is not mandatory to apply the standstill period as described at 4.10, but the
Procuring Officer may choose to do so. If the choice to apply the standstill
period is made it should be stated in the advert, the contract documents and the
Pre-Standstill Letter that it is being done on an entirely voluntary basis and not
because it is believed this is a requirement under the 2012 EU Regulations.
5.7
5.8
Contract Award Notice
At the end of the procurement process a Contract Award Notice should be
completed and published on the web advertising portal.
EU Principles
Although not subject to the full rigours of the EU Treaty Regulations, the
procedures followed must adhere to the overriding principles behind the EU
Regulations of free movement within the EU of Goods and Services,
transparency, equal treatment of Suppliers and non-discrimination on grounds of
nationality.
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6.
SUPPLIES/SERVICES CONTRACTS BELOW £14,000 AND WORKS
CONTRACTS BELOW £25,000
6.1
All Contracts with a value below £2,000
Tenders or Quotations need not be invited in respect of contracts which have a
value below £2,000.
6.2
All Contracts with a value between £2,000 and £4,999.99
Three Quotations received by telephone or in writing by secure e-postbox, email,
fax or post must be obtained. They must be evidenced and retained on file. If
Quotations are obtained by telephone the Telephone Quotation Form at
Appendix H must be used.
6.3
All Contracts with a value between £5,000 and £13,999.99 for
Supplies/Services and between £5,000 and £24,999.99 for Works
6.3.1 It is best practice to advertise requirements with a value between £5,000 and
£13,999 (£24,999 for Works). However it is acceptable to obtain a minimum of 3
written Quotations from suitable suppliers identified through market research.
6.3.2 The Low Value Tendering Procedure should be used to obtain a minimum of 3
written Quotations. The Low Value Tender document template can be found at
Appendix I. NOTE: The terms and conditions that must be issued in conjunction
with the Low Value Tender document can be found within the Procurement area
of FISH.
6.4
In the circumstances set out in paragraphs 6.1, 6.2, and 6.3 the person awarding
the contract must be able to demonstrate that the award represents Best Value
for the Council (see Glossary of Terms for definition of Best Value).
6.5
If there is a recurring requirement for particular low value items to be purchased
a contract should be put in place following the procedures applicable to the
aggregated value of the requirement. The total value of low value requirements
must not be disaggregated in order to circumvent the need to invite Tenders or
Quotations.
7.
TENDERING PROCESS FOR ALL CONTRACTS
This Contract Standing Order applies in respect of all contracts, to be procured in
accordance with either Contract Standing Orders 4 or 5.
7.1
Pre-Tender Activities
There are a number of pre-tender activities that require to be undertaken before
commencing the Tender process:
7.1.1 Notification of Intention to Invite Tender Form
Before commencing a tendering procedure the Procuring Officer should complete
a Notification of Intention to Invite Tender Form (Appendix G) and submit it to the
Procurement and Supplies Manager. Procuring Officers within Procurement and
Supplies are exempt from this requirement.
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7.1.2 Contract Strategy
It is best practice to produce a contract strategy for large, complex or strategically
important Tenders. However contract strategies can be used for all Tenders.
The depth and sophistication of the strategy should be appropriate to the value,
complexity and strategic importance of the contract. Key components of a
contract strategy are as follows:
- Scope of the requirement
- Value and length of contract
- Market capability and size
- Pricing Strategy for the requirement
- Type of Procurement (open, restricted, etc)
- Any risks and associated mitigating factors, etc
- Membership of the Tender evaluation panel
- Critical Success Factors
- Contract Management requirements
Decisions regarding the type of procurement procedure to be followed should
relate to the objectives for the Tender and thus to the procurement priorities. The
starting point for any contract strategy should be to identify the objectives,
benefits and outcomes that are sought from the requirement. The contract
strategy should be agreed with the Client and then considered by the
Procurement and Supplies Manager, the Chief Legal Officer or the Executive
Director of the Procuring Service.
7.2
Procurement Documentation – Contracts
The Tender documentation used by the Procuring Officer should incorporate all
of the various areas detailed within this section when entering into a contract on
behalf of Fife Council. It is the Council’s preference for all documentation to be
issued and returned electronically via the e-Tender system, however
documentation may be issued and returned in hard copy if the circumstances
require it.
7.2.1 Pre-Qualification Questionnaire (PQQ) - if applicable
If using the Restricted procedure a PQQ should be used. The PQQ is split into 6
distinct parts:
 Introduction giving an overview of the Tender requirement;
 Part A seeks background information such as contact details;
 Part B requests details of the organisation’s financial status;
 Part C relates to business probity, details of criminal offences, bankruptcy etc;
 Part D relates to service operation and quality issues, including capacity and
capability and any references;
 Part E details the Tender selection procedure.
7.2.2 Pre-Qualification Questionnaire Report (PQQ) - if applicable
7.2.2.1 At the end of the PQQ evaluation process the Procuring Officer must prepare a
PQQ Report detailing the procurement process undertaken and the
recommendation for selection of organisations to be invited to Tender.
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7.2.2.2 The content of the report must include:
 Introduction and background
 Selection criteria
 Selection methodology and process
 Conclusion and Recommendation
7.2.2.3 The organisations successful at the PQQ stage should be notified using the
PQQ Successful Letter (Appendix L). The organisations unsuccessful at PQQ
stage should be notified using the PQQ Unsuccessful Letter (Appendix M).
7.2.2.4 The organisations that were unsuccessful at the PQQ stage only need to be
made aware of the start of the standstill period and the contract award decision
in the exceptional circumstance of their not having been notified of their
elimination from the Tender process at the end of the PQQ stage.
7.2.2.5 It is best practice to provide reasons as to why organisations were unsuccessful
at PQQ stage, although there is no express requirement to do so at this stage.
7.2.2.6 If the Procuring Officer requires assistance with any stage of the PQQ process
they must contact Procurement and Supplies or the Chief Legal Officer.
7.2.3
Invitation to Tender Documentation
Tender documents should comprise of the following sections, however this is not
a definitive list and the specifics of a particular contract may necessitate other
items such as questionnaires, etc:










Cover Page (Form of Tender including contract period)
Instructions to Tenderers (including Tender completion and return guidance
stating location, date and time for return, award criteria and Price:Quality ratio
if applicable)
Background to the Requirement
Specification of Requirement including delivery/project timescales (if
applicable)
Method Statements
Pricing Schedules including minimum order quantities/values and delivery
lead times if applicable
Tender Questionnaires - Race Relations, Health & Safety, Equality,
References, relevant Disclosure questionnaires if applicable
Returned Documentation Checklist
Fife Council Terms & Conditions of Contract
Contact Details
The following must also be included within the Invitation to Tender
documentation:
7.2.4 A statement that Tenders received after the closing date and time specified in the
contract documents, or at a place other than the location specified, shall not be
considered.
7.2.5 Provision for the Tenderer
remain open for acceptance.
specify the period during which Tenders will
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7.2.6 Where there is a recognised European or International standard applicable to
any contract current at the date of Tender, the contract documents shall require
that the Works, Supplies, or Services to be provided shall at least meet the
requirements of that standard. In the absence of any such European or
International standard, the contract documents shall require that an appropriate
equivalent standard be used. In presenting evidence of equivalence Tenderers
shall be required to provide a certified translation into English of the standard
being used.
7.2.7 Where any contract provides for the appointment of a nominated sub-contractor,
it must include the following:
(i) The main contractor is subject to the same payment terms as the Council,
thereby assisting in the elimination or minimisation of sub-contractor SME
cash flow problems.
(ii) The main contractor is responsible for ensuring that the nominated subcontractor is subject to and meets the same requirements as the main
contractor.
7.2.8 A statement that the Council reserves the right to accept other than the lowest
Tender or to accept no Tender at all.
7.2.9 Where there is a wish to retain an option to extend the period of any contract in
accordance with the provisions of these Contract Standing Orders, the Procuring
Officer shall ensure that the Contract Notice as well as the invitation to tender
expressly states that the contract may be extended for a specified period at the
Council’s discretion.
7.2.10 The criteria which shall be used in evaluating Tenders should be stated. The
award may be based upon either lowest price or Most Economically
Advantageous Tender (MEAT). Where MEAT is used the award criteria should
include quality as well as price and should be listed in order of importance and
any weightings given.
7.2.11 ALL award criteria including any sub-criteria must be stated within the Tender
document. Under no circumstances should any undisclosed criteria be used in
the evaluation process.
7.2.12 A statement that no hard copy Tender shall be received except in an official
Fife Council pre-printed sealed envelope or in an envelope with a pre-printed
label obtained from Fife Council attached. The envelope must bear the words
"Tender for ………….." followed by the name and number of the contract to
which it relates.
7.2.13 Consideration should be given to the level of public/product liability and
professional indemnity insurance required. These should be proportionate to
the value and associated risks attributable to the procurement.
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7.3
7.3.1
General Advice
Information about the use of Price/Quality ratios and award criteria in general
can be obtained from Procurement and Supplies.
7.3.2
Except as noted below, Fife Council’s Contract Terms & Conditions must be
applied to contracts entered into on behalf of the Council. The current Fife
Council Contract Terms and Conditions can be found on FISH. Complex
contracts may require specific terms and conditions over and above the
standard Fife Council ones. Works contracts may use recognised industry
terms and conditions e.g. I.C.E, J.C.T. Procurement and Supplies or Legal
Services can assist with the appropriate usage of terms and conditions if
required.
7.3.3
Where appropriate and required, Tender documentation must include a
provision to ensure the vetting of employees of the contracted organisation to
enhance security, public safety and protect the vulnerable in society. This will
typically be Enhanced Disclosure using Disclosure Scotland.
7.3.4
Where appropriate Tenderers must be requested to provide a Bond from a
Bank or Insurance Company acceptable to the Council for a sum for the due
performance of the contract. A Parent Company Guarantee or an Escrow
agreement may also be required. The style of Bond, Parent Company
Guarantee or Escrow agreement required will be included in the Invitation to
Tender documentation where appropriate. Information about Bonds and Parent
Company Guarantees can be obtained from Procurement and Supplies or
Legal Services.
7.4
7.4.1
Tender Submission – Electronic (e-Tendering)
It is the Council’s preferred option to issue Tender documents and receive
Tender responses electronically. However a Tenderer may be issued with a
hard copy tender if requested and if they wish to submit their response in
another format (hard copy), then they must follow the instructions given in the
“Instructions to Tenderers” section of the Tender document that should comply
with paragraph 7.5 below.
7.4.2
When using the e-Tender system, the “Instructions to Tenderers” section of the
Tender document should contain information that allows the Tenderer to upload
their Tender response to the relevant website. The standard “Instructions to
Tenderers” template can be obtained from Procurement and Supplies.
7.4.3
Tenderers must submit their electronic tender response by the given deadline.
As per 7.6.2, late Tenders cannot be uploaded onto the e-Tender system.
7.5
7.5.1
Tender Submission - Non-Electronic
Tenders not submitted via the e-Tender system (i.e. in hard copy) with a value
below £14,000 (Supplies/Services) or below £25,000 (Works) or for direct
award to Building Services without a call for competition must be delivered to a
prescribed location within the Procuring Service. The Tender Return and
Notification Form (Appendix K) should be used to document receipt of the
Tender returns.
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7.5.2
Tenders not submitted via the e-Tender system with a value of £14,000 and
above (Supplies/Services) or £25,000 and above (Works) with the exception of
direct awards to Building Services without a call for competition (as per 7.5.1)
must be delivered in the official Fife Council pre-printed envelope (these can be
ordered from Central Stores) or in a standard envelope with a pre-printed label
attached (label to be provided by Procuring Officer). Once completed, the
Tender Return and Notification Form (Appendix K) should be forwarded well in
advance of the return date to the addressee detailed on the official Fife Council
pre-printed envelope or pre-printed label.
7.5.3
All hard copies of Tenders shall remain in the custody of either the Procuring
Service, or the addressee detailed on the envelope, as appropriate, until they
have been opened.
7.6
7.6.1
Late Tenders
No Tender shall be considered for acceptance unless it is received at the
specified location by the date and time prescribed in the Tender documents.
7.6.2
Late Tenders cannot be uploaded onto the Council’s e-Tender system. Late
Tenders received by email must remain unopened where possible. Late
Tenders received in hard copy will remain unopened, unless there is no other
way of identifying the sender, and shall be returned to the sender . Where there
is any question as to whether or not a Tender has been received late, a
decision as to whether the Tender is late will be made by the Chief Legal
Officer.
7.7
7.7.1
Opening of Tenders
All Tenders relating to the same contract will be opened at the same time by
the person responsible as soon as practicable after the time and date specified
for the return of Tenders. Electronic Tenders will be opened by two members
of staff within the Procuring Service. The procedure to be followed at the
opening of non-electronic Tenders is set out in Appendix J.
7.7.2
No employee or member who has a direct or indirect pecuniary interest in the
Tender concerned may attend the opening of Tenders.
7.8
7.8.1
Qualified Tenders
A Tenderer who submits a qualified Tender should be given the opportunity to
withdraw the qualification. If the Tenderer fails to do so, the whole Tender shall
be rejected if it is considered that such qualification affords the Tenderer an
unfair advantage over other Tenderers.
7.8.2
In the event that a supplier or contractor refuses to accept the Council’s
Contract Terms and Conditions, under no circumstances must any
employee of the Council accept that supplier’s or contractor’s Contract
terms and conditions without first having referred those Contract terms
and conditions to Legal Services for review and approval.
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7.9
7.9.1
Confidentiality of Tenders
Between the last date and time for the receipt of Tenders and the date on which
a decision is taken as to which, if any, is to be accepted, the Tenderer may be
contacted in cases where it is necessary to confirm or clarify the terms of the
Tender or to effect any necessary adjustments. No information concerning any
Tender other than their own will be disclosed to the Tenderer so contacted. A
full written record shall be kept of all such contacts and shall be retained with
the original Tender.
7.9.2
During the period between the opening of the Tenders and the stage where the
content of them is required to be publicly known an absolute obligation of
preserving confidentiality will rest on members and officers of the Council.
7.9.3
Care must also be taken when making public statements during a procurement
exercise. Advice regarding this should be sought from the Procurement and
Supplies Manager or Chief Legal Officer.
7.10
Checking of Tenders
7.10.1 The Procuring Officer should examine all Tenders for completeness and errors.
7.10.2 If an error is suspected/or the financial calculations are unclear, the Procuring
Officer should contact the Tenderer as soon as possible giving them an
opportunity to recheck their submission and amend if appropriate.
7.10.3 For property related Works contracts, where errors of accuracy or
completeness are detected they will be dealt with in accordance with the
principles set out in JCT Tendering Practice Note 2012 (revision of JCT Series
2 Practice Note 6 - Main Contract Tendering 2002).
7.10.4 Any arithmetical errors that result in a change to the pricing submitted should
be documented, signed and dated.
7.10.5 If any assistance is required regarding the checking of Tenders or financial
calculations, please contact Procurement and Supplies or Financial Services as
appropriate.
7.11
Evaluation of Proposals
7.11.1 To ensure equality of treatment, all proposals must be evaluated and scored on
exactly the same basis against the agreed and published award criteria or
Price/Quality weighting as applicable
7.11.2 Evaluation of proposals must be completed using the Price/Quality weighting if
employed and individual award criteria agreed at the commencement of the
process and detailed in contract advertisements and the invitation to tender.
Weighting and selection or award criteria must not be changed once agreed
and published.
7.11.3 Where Pre-Qualification is required, the selection criteria used to pre-qualify
applicants may not be used again in the final evaluation of Tender responses.
Similarly, award criteria must not be used for pre-qualification purposes.
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7.11.4 For the evaluation of construction and civil engineering proposals, in addition to
the above, the appropriate discipline principles, guidance and industry good
practice in force at the time of the requirement must be used for the
examination and evaluation of proposals.
7.11.5 If appropriate, the Financial standing of the short-listed/proposed contractor(s)
should be vetted through Financial Services.
7.11.6 Reasons detailing why each particular score was awarded must be noted on
evaluation forms as this information may be required when issuing PreStandstill Letters, debriefing etc.
7.11.7 If any assistance is required regarding the evaluation of Tenders, please
contact Procurement and Supplies.
7.12
Post Tender Communications
7.12.1 If, during the evaluation process, any post tender communication with
Tenderers is necessary prior to contract award in order to clarify or supplement
any aspect of their Tender, such communication shall be conducted in
accordance with this Contract Standing Order 7.12 and a record of any such
communication must be maintained for audit purposes.
7.12.2 In order to ensure that there is no distortion of competition, post tender
communications undertaken prior to contract award shall be carried out in a
restricted and carefully handled manner.
7.12.3 Any amendment to Tenders or contract documents made as a result of post
tender communications must not go beyond clarifying or supplementing a
Tender. It is essential to consider, prior to commencing communications
whether the amendments that may be achieved are such that a Tenderer
excluded from the process (whether on the list of Tenderers or not) could allege
that they had been unfairly treated and/or could have submitted a better
Tender.
In conducting post tender communications prior to contract award, Procuring Officers
shall comply with the following additional rules:
7.12.4 All Tenderers must be treated equally and in an open and fair manner;
7.12.5 Tenderers must not be permitted to amend their bids in a manner that allows
them to improve their offer;
7.12.6 Post tender communications must not be carried out in such a manner as to
leave the Council open to charges of acting anti-competitively;
7.12.7 Where any factor giving rise to post tender communications is not specific to
one Tenderer, all Tenderers must be invited to participate in such
communications;
7.12.8 There must be no material change to the specification(s) and/or criteria on
which tenders are to be assessed;
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7.12.9 If it becomes apparent that a material change is required, the tendering process
must be recommenced with a revised specification or award criteria;
7.12.10 The Procuring Officer must keep written records of all discussions with
Tenderers and these must include the following details:
 Who was involved in the discussion from the Council and from the tendering
organisation;
 The date, time and location of any meeting; and
 The nature of the discussion and the outcome (it would be advantageous if
both parties can confirm agreement of the accuracy of this record);
7.12.11 If in doubt at any stage in the process, the Procuring Officer must seek advice
from Procurement and Supplies or the Chief Legal Officer, as appropriate.
7.13
Contract Report
7.13.1 At the end of the evaluation process the Procuring Officer must prepare a
Contract Report detailing the procurement process undertaken and the
recommendation for award of contract.
7.13.2 The content of the report must include:
 Introduction (what the contract is for)
 Background (background of requirement)
 Award criteria
 Tendering process (including procedure used, declared budget and number
of Tenderers who registered interest and number of Tenders received)
 Financial details (pricing analysis)
 Evaluation methodology and process (including price/quality matrix and or
scoring, bid clarification)
 Conclusion (detailing potential savings/cost avoidance to be achieved)
 Recommendation
7.13.3 The completed Contract Report must be submitted to the Procurement and
Supplies Manager or the Chief Legal Officer for consideration.
7.14
Acceptance
7.14.1 No Tender with a value of £14,000 and above for Supplies/Services or £25,000
and above for Works shall be accepted unless the Procurement and Supplies
Manager or the Chief Legal Officer is satisfied that the process undertaken has
ensured the technical capability, professional fitness and financial standing of
the successful Tenderer having considered the Contract Report submitted to
them by the Procuring Officer.
7.14.2 Tenders with a value below £14,000 for Supplies/Services and below £25,000
for Works may be accepted by the Executive Director of the Procuring Service
if they are satisfied as to the technical capability, professional fitness and
financial standing of the successful Tenderer.
7.14.3 If none of the Tenders submitted is to be accepted, the Procurement and
Supplies Manager or the Chief Legal Officer to the Council shall authorise the
Procuring Officer to notify all Tenderers accordingly, providing justification as to
why the decision has been taken.
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7.15
Letters to Successful Tenderers
7.15.1 Letters of acceptance shall be issued to the successful Tenderer(s) in
accordance with the following procedure:
7.15.2 For contracts below £14,000 (Supplies/Services), and below £25,000 (Works)
the Executive Director of the Procuring Service will approve and issue letters of
acceptance (Appendix R).
7.15.3 For contracts of £14,000 and above (Supplies/Services), and £25,000 and
above (Works) but not subject to the full rigours of the OJEU procedures, the
Procurement and Supplies Manager or the Chief Legal Officer to the Council
will approve and issue the letter(s) of acceptance (Appendix R).
7.15.4 For contracts subject to the full rigours of the OJEU procedures the
Procurement and Supplies Manager or the Chief Legal Officer to the Council
will approve and issue Pre Standstill Successful Letters (Appendix O) at the
start of the standstill period.
7.15.5 For contracts subject to the full rigours of the OJEU procedures the
Procurement and Supplies Manager or the Chief Legal Officer to the Council
will approve and issue Post Standstill Award Letters (Appendix Q) to the
successful Tenderer(s) at the end of the standstill period if there has been no
form of judicial interruption.
7.16
Letters to Unsuccessful Tenderers
7.16.1 Letters to unsuccessful Tenderers should be issued at the same time as letters
to successful Tenderers.
7.16.2 Letters of rejection shall be issued to the unsuccessful Tenderer(s) in
accordance with the following procedure:
7.16.3 For contracts below £14,000 (Supplies/Services), and below £25,000 (Works)
the Executive Director of the Procuring Service will approve and issue
Unsuccessful Letters (Appendix S).
7.16.4 For contracts of £14,000 and above (Supplies/Services), and £25,000 and
above (Works) but not subject to the full rigours of the OJEU procedures the
Procurement and Supplies Manager or the Chief Legal Officer to the Council
will approve and issue Unsuccessful Letters (Appendix S).
7.16.5 For contracts subject to the full rigours of the OJEU procedures the
Procurement and Supplies Manager or the Chief Legal Officer to the Council
will approve and issue Pre Standstill Unsuccessful Letters (Appendix P) at the
start of the standstill period.
7.16.6 Where the Restricted Procedure has been used organisations unsuccessful at
the PQQ stage should be made aware of their elimination from the procurement
process as soon as reasonably practicable (Appendix M). Organisations
unsuccessful at the PQQ stage only need to be issued with a Pre-Standstill
Letter if exceptionally they have not previously been informed of their
elimination from the competition.
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7.16.7 If a negotiated procedure or a competitive dialogue has been undertaken, or if a
dynamic purchasing system has been used, contact Procurement and Supplies
or Legal Services for information about the form of letter to be issued.
7.17
Debriefing Unsuccessful Tenderers
7.17.1 If a written request for a debrief is received, a debrief should be provided within
15 days of receipt of that written request.
7.17.2 The aim of a debrief is to allow Tenderers the opportunity to obtain advice as to
how future Tender responses might be structured to improve the quality of the
Tender and hence increase the chances of future Tenders being successful.
7.17.3 The Procuring Officer responsible for the contract should be able to advise the
Tenderer of the reasons as to why the Tender was not successful whilst also
highlighting the positive aspects of the Tender response.
7.17.4 Advice on debriefing unsuccessful Tenderers can be obtained from
Procurement and Supplies.
7.18
Payment by Instalments
7.18.1 In any contract for the provision of Supplies, Services or Works where the
purchase price is to be paid by the Council to any Contractor in instalments
prior to completion of the contract, the following shall apply:
7.18.2 The Executive Director of the Procuring Service must be satisfied that payment
by instalment is the only available option if the contract is to proceed.
7.18.3 The proposed instalments shall reflect the progress of the contract and the
approximate value of Supplies, Services or Works provided.
7.18.4 If a proposal requires payment for Supplies which are to be retained in the
possession of the Contractor (e.g. until further work has been completed) then
a document vesting ownership in the Council must be obtained prior to the
payment of the first instalment.
7.18.5 The Procuring Officer shall ensure that any such Supplies are insured while
retained on the Contractor's premises.
7.18.6 If any instalment is released following a site or factory visit to inspect work in
progress or equipment, a written report of the visit shall be prepared and
retained within the contract records.
7.18.7 In cases where there is doubt about the propriety of making instalment
payments, advice must be sought from the Head of Financial Services.
7.18.8 The Procuring Officer must obtain the prior written approval of the Head of Financial
Services when entering into any agreement to make payments by instalments.
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8.
POST CONTRACT AWARD PROCEDURES FOR SUPPLIES, SERVICES
AND WORKS CONTRACTS OF £5,000 AND ABOVE
8.1
8.1.1
Contracts Register
A Contracts Register will be maintained by Procurement and Supplies that
provides a central point for contract information.
8.1.2
All contracts awarded on behalf of the Council that have a total aggregated
value of £5,000 and above for Supplies, Services and Works must be recorded
in the Contracts Register.
8.1.3
The information contained in the Post Contract Award Information Form at
Appendix T will provide the required initial information. If the contract is
awarded by the Chief Legal Officer and a Contract Report has been completed
there is no requirement to complete the Post Contract Award Form in addition.
8.1.4
The person responsible for undertaking the procurement process will be
responsible for:
 Ensuring completion and submission of the Post Contract Award Information
Form to the Procurement and Supplies Manager detailing the initial
information for every contract with a total aggregated value of £5,000 and
above for Supplies, Services and Works, unless a Contract Report has been
submitted to Legal Services.
 Ensuring recording and submission to the Procurement and Supplies
Manager of the final actual contract cost compared to the original estimated
contract cost, detailing the reasons and justification for any overspend or
underspend.
8.2
8.2.1
Contract Monitoring and Management
Contracts awarded by or on behalf of the Council must be monitored and
managed throughout the contract term to ensure delivery of the contracted
Supplies, Services or Works in accordance with the contract requirement and
standard.
8.2.2
Contract monitoring and management arrangements agreed during the Tender
process will be determined by the complexity and risk associated with the:
contract, conditions in the relevant market, financial and quality aspects.
8.2.3
Further information about contract monitoring and management can be
obtained from Procurement and Supplies.
8.3
8.3.1
Termination
No contract may be terminated on behalf of the Council without the prior written
approval of the Purchasing and Supplies Manager or the Chief Legal Officer.
8.3.2
The termination letter must be issued by the Procurement and Supplies
Manager or the Chief Legal Officer.
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8.4
8.4.1
Extension
If the person responsible for undertaking the procurement process wishes to
extend an existing contract they must document the reasons for the extension,
demonstrating Best Value, and submit the documented reasons to the
Executive Director of the Procuring Service for consideration. A request to
extend an existing contract should only be made if provision to extend the
contract was built into the original contract documentation (see paragraphs
4.6.6 and 7.2.9) and the value of the contract does not exceed that originally
advertised.
8.4.2
The extension letter must be issued by the Procurement and Supplies
Manager, the Chief Legal Officer, or the Executive Director of the Procuring
Service.
8.5
8.5.1
Purchase Orders
Purchase Orders for Supplies, Services or Works to be delivered under
contracts awarded by Fife Council should be raised on the Council’s approved
electronic purchasing system to be sent electronically, by fax or by post.
8.5.2
The Purchase Orders shall state the time at or within which and the place
where the items and/or services are to be delivered. Fife Council will not
accept Supplies, Services or Works from the Contractor that a Purchase Order
has not been raised for.
8.5.3
The Contractor shall be required to state the reference number of each
Purchase Order on all invoices submitted to the Council for payment.
8.5.4
No payment will be made by the Council to the Contractor for any Supplies,
Services or Works provided, not listed on a Purchase Order.
9.
9.1
DISPOSAL OF SURPLUS MATERIALS
The care, custody and level of stores and equipment in any Service is the
responsibility of the Executive Director of the Procuring Service. He or she shall
ensure that all obsolete or excess stock or scrap materials are identified and
disposed of by competitive Tender or public auction unless beforehand the
Procurement and Supplies Manager or the Chief Legal Officer approve
otherwise in a particular case.
9.2.1
Where, in the opinion of the Executive Director of the Procuring Service, stock
is surplus or scrap and has been valued, he or she shall first offer the surplus
material to other Services of the Council.
9.2.2
Only where no other Service wishes the surplus material shall it be offered to
third parties. Procurement and Supplies can administer this sale process on
behalf of the Service with the surplus material (Appendix X).

For value:
Where the Executive Director of the Procuring Service proposes to dispose
of surplus or scrap material for value to a third party, such disposal shall
take place by way of competitive Tender in accordance with Contract
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Standing Order 9.3 below and must be agreed by the Procurement and
Supplies Manager.

Donations:
Where the Executive Director of the Procuring Service proposes that
surplus scrap material be donated or provided at less than the market value
to a charity or voluntary organisation, he or she shall seek the approval of
the appropriate committee before making such a disposal. Following such
approval, the Executive Director of the Procuring Service shall report the
donation to the appropriate committee as soon as reasonably practicable.
9.3
Tenders for Surplus Materials
Where the Procurement and Supplies Manager considers that Tenders are
appropriate, the Procuring Officer shall ensure that:
9.3.1
Details of what has to be disposed are specified and advertised as required;
9.3.2
Arrangements are made for viewing if appropriate;
9.3.3
Arrangements for receipt, custody and opening of Tenders comply with these
Contract Standing Orders; and
9.3.4
Where, in exceptional cases, the successful Tenderer is not the one offering
the best price, the Procuring Officer shall prepare and retain a written record of
the reason(s) why it was selected.
9.4
9.4.1
Quotations for Surplus Materials
Where the Executive Director of the Procuring Service considers the surplus to
be a small quantity of materials of low value, he or she may dispose of it by
inviting at least three interested parties to submit written Quotations, where
possible. The Procuring Officer shall retain a written record of the type and
amount of materials disposed of and the successful Quotations. The
Telephone Quotation Form (Appendix H) may also be used for this purpose if
appropriate.
9.5
Auction of Surplus Materials
Selling the surplus materials at auction may be appropriate if there is a limited
market for the surplus materials or if there is a wide variety of items to be sold.
As an auction house will take a percentage of items sold, Procurement and
Supplies should be contacted for advice and guidance before entering into this
process.
9.6
9.6.1
Sale or Lease of Land and Property
Procedures to be followed for the sale or lease of land are detailed in
Appendices U and V.
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Appendix A
Process Flow for Purchases below £5,000 (excluding VAT)
Establish business case (if
required) and budgetary
provision for the requirement
Is there a pre-existing contract/priced
framework which you can use? Check FISH
for details of existing contracts or contact
Procurement & Supplies (P&S) for details
No
Yes
Buy through established
route using OneWorld or
The total value of your requirement
over the entire length of the contract is
approved Council system
to raise the Purchase
Order (contact P&S if
assistance required)
Below
£2,000
Quotations/Tenders not
required, however it is still
necessary to be able to prove
that Best Value has been met
Between
£2,000 and
£4,999
Three Quotations required. Quotations
can be received by telephone, however
they must be evidenced and kept on
file. See Appendix H for the Telephone
Quotation Form. The Council’s web
advertising portal may also be used to
obtain quotations.
Award contract and
advise unsuccessful
Tenderers
40
Last Amended on 01/11/2012
Appendix B
Process Flow for Purchases Between £5,000 and £13,999 for Supplies/Services
and Between £5,000 and £24,999 for Works (excluding VAT)
Establish business case (if
required) and budgetary
provision for the requirement
Is there a pre-existing contract/priced
Framework which you can use? Check FISH
for details of existing contracts or contact
Procurement & Supplies (P&S) for details
No
Yes
The total value of your requirement over the
entire length of the contract is between £5,000
and £13,999 for Supplies/Services or between
£5,000 and £24,999 for Works
Buy through established
route using OneWorld or
approved Council system
to raise the Purchase Order
(contact P&S if assistance
required)
Use the Low Value Tender document (see
Appendix I) to obtain three written Quotations.
The Council’s web advertising portal may also be
used to obtain the Quotations.
Contact P&S for assistance or to request they
run the procurement exercise on your behalf
(non-Works contracts)
Establish statement of
requirements/specification, award
criteria, methodology, pricing
schedule and set a deadline for
Quotations to be returned.
Receive & evaluate
Quotations
Complete Post Contract
Award Form and send to
P&S Manager
41
Last Amended on 01/11/2012
Award contract and
advise unsuccessful
Tenderers providing
debrief upon request
Appendix C
Process Flow for All Purchases of £14,000 and Above for Supplies/Services and
of £25,000 and Above for Works (excluding VAT)
Establish business case (if
required) and budgetary
provision for the requirement
Is there a pre-existing contract/priced
Framework which you can use? Check FISH
for details of existing contracts or contact
Procurement & Supplies (P&S) for details
Yes
No
The total value of your requirement
over the entire length of the
contract is £14,000 and above for
Supplies/Services and £25,000
and above for Works
Buy through established route
using OneWorld or approved
Council system to raise the
Purchase Order (contact P&S
if assistance required)
The Procuring Officer will make contact with the client to
discuss the contract strategy (if applicable).
The Contract Strategy is completed by the Procuring Officer
who will liaise with the client to obtain information such as:
- Value and length of contract
- Market capability and size
- Pricing Strategy for the requirement
- Type of Procurement (open, restricted, etc)
- Any risks and also mitigating factors, etc
- Membership of the tender evaluation panel
- Critical Success Factors
Contract Strategy signed off by
Procurement
and
Supplies
Manager (if applicable)
Contract Report containing award
recommendation produced. The report
is then considered by P&S Manager
Award contract and inform
unsuccessful
Tenderers
(taking account of standstill
period if necessary)
Tender
documents
and
selection/award criteria drafted
by Procuring Officer and
considered by P&S Manager
or the Executive Director of the
Procuring Service
Tenders evaluated
per award criteria
as
P&S*
publish
Contract
Award Notice, complete Post
Contract Award Form and
send it to P&S Manager
* Or relevant procuring service (Property, Social Work, etc)
42
Last Amended on 01/11/2012
Initiate formal Tender process
with P&S* by completing RFPA
Form (see Appendix F)
Advert placed on appropriate
website/ publication(s) and
Tender documents issued
Tenders received and
opened after deadline
P&S add
details to
Register
the
the
contract
Contract
Appendix D
DELEGATED PROCUREMENT AUTHORITY FORM
It shall be a condition of undertaking the activities detailed below that each Officer carrying out
any of these activities for procurement exercises of £14,000 and above (Supplies/Services) or
£25,000 and above (Works) in a procuring service shall complete this form and submit it to the
Procurement and Supplies Manager.
Officer’s Name:
Job Title:
Service:
Division/Team:
Extension Number
Contract and any value
limits to which Authority
extends
(Not to exceed the type & value stated
in Table 1 of the Scheme of Tender
Procedures)
Please tick the relevant box below for each Procurement activity with which you are
involved:
ACTIVITY
Draw up specifications and statements of requirements
Select method of Tendering (open, restricted, etc)
Write and issue contract notice (advertisement)
Determine award criteria
Issue Tender documents
Evaluate Tenders
Recommend award of contracts
I have read, understood and agree to abide by the procurement procedures as
laid down in the Council’s Scheme of Tender Procedures
Signature of Officer:
Date:
For Completion by Head of Procuring Service
Approved by (Head of Name:
Procuring Service):
Date:
For Completion by Procurement and Supplies
Agreed by (Procurement and
Supplies Manager):
Date:
43
Last Amended on 01/11/2012
Signature:
Appendix E
DOCUMENT RETENTION SCHEDULE
It is a requirement of these Contract Standing Orders that a record of the Tendering
process is maintained and retained for audit purposes, including all correspondence.
Records should be initialled, dated and filed together. The Council’s Document
Management Policy must be complied with and in addition the following retention
periods shall apply for Tendering process documentation:
Note: These records may be electronic/digital rather than hard copy.
Document
Contract documents:
Quotation/Tender Response
Evaluation Reports
Hire/Rental Agreements
Maintenance/Software Licence Agreements
Purchase Orders
Variation Orders
Unsuccessful Quotations /Tenders
All procurement documentation relating to
projects benefiting from European funding
44
Last Amended on 01/11/2012
Retention Period
Term + 6 Years
“
“
“
“
“
Current year + 3 Years
10 years from the date of final
payment of any related account
Appendix F
PROCUREMENT AND SUPPLIES DIVISION
FINANCE & PROCUREMENT SERVICE
REQUEST FOR PROCUREMENT ACTION FORM
To be completed by the Commissioning Service(s)/Budget Holder(s) and returned
to: enquiry.procurement@fife.gov.uk prior to any advert or tender being
issued/extension process being commenced.
Commissioning Service:
Budget Holder:
Description of Contract/Requirement:
Anticipated Contract Start Date:
Contract Ref. No:
Is this a one off requirement?
If not, state period of proposed Contract (e.g. 2/3 years etc.)
YES/NO
Period of extension Period (potential)
Is Committee Approval required for this expenditure?
YES/NO
If YES, please state when the Committee Approval was xx/xx/20xx
received
Please state the Budget/Approved Funding/Estimated
Expenditure for this Contract
(Please note that this figure will be used to calculate any financial
savings arising from the Procurement process and that any
financial saving achieved will be reflected in subsequent Revenue
Budget calculations for your Service if appropriate)
£
Budget/Approved
Funding/Estimated
Expenditure
(delete as
applicable)
Capital
Please break your budget/approved funding/estimated
expenditure down into Capital and/or Revenue?
£
Revenue
£
(delete as
applicable)
Budget Holder to consider and sign:
The budget/approved funding/estimated expenditure information provided is accurate.
45
Last Amended on 01/11/2012
Signature:
Print Name:
Position:
Date:
Commissioning Service to consider and sign:
Specification/Information and Appendices to be issued with the Tender document shall
be prepared in conjunction with Corporate Procurement and the Commissioning Service.
Corporate Procurement shall be responsible for preparing and issuing tender documents;
advertise where necessary and shall represent the client service by ensuring the
tendering process is conducted in a legal, fair, transparent and auditable manner.
Corporate Procurement shall be responsible for all communications with Tenderers and
shall issue letters of award notification to Tenderers as necessary.
Signature:
Print Name:
Position:
Date:
For Procurement & Supplies Division use only:
Received By (Print Name):
Procurement Officer Allocated:
Date Received:
46
Last Amended on 01/11/2012
Appendix G
NOTIFICATION OF INTENTION TO INVITE TENDER
For contracts with a value of £14,000 and above for Supplies and Services and £25,000 and
above for Works. N.B. Form to be received by the Procurement and Supplies Manager prior to
the date opportunity to be advertised.
FROM:
TICK
CONTACT
EXT.
Property Services
Building Services
Corporate Asset
Social Work
Transportation
TYPE OF CONTRACT
(WORKS/SERVICES/SUPPLIES)
REF. NO.
DESCRIPTION OF CONTRACT
ESTIMATED TOTAL VALUE OF
CONTRACT
BUDGETARY APPROVAL
RECEIVED
FIFE COUNCIL TERMS AND
CONDITIONS USED
TYPE OF CONTRACT
CONDITIONS/FORM OF CONTRACT
IF NOT FIFE COUNCIL
CONTRACT CONDITIONS
APPROVED BY LEGAL SERVICES
(If applicable)
PROCUREMENT ROUTE*
£
Yes
□
No
□
Supplies □
Services □
Consultancy □
Yes
□
No
□
Open □ Restricted □ Negotiated □
Competitive Dialogue □
TENDER ADVERTISED ON PUBLIC
CONTRACTS SCOTLAND
TENDER ADVERTISED IN OJEU
TENDER RETURN DATE
PROPOSED CONTRACT START
DATE
PROPOSED CONTRACT END DATE
Yes
□ Date: _________ No □
Yes □ Date: _________ No
□
Signed by Head of Service: _________________ Print Name: _____________
Date: ______________
*If the work will be carried out by one of the Council’s Significant Trading Operations (STO) or its
Transportation in-house Works Provider it is not necessary to complete this form.
47
Last Amended on 01/11/2012
Appendix H
TELEPHONE QUOTATION FORM
Quotation for the provision of:
Order Reference Number*:
*Insert OneWorld or approved system Purchase Order No
if Quotations accepted
Name of Officer:
Department:
Date:
Name & Address of Supplier:
Name of Contact:
Telephone Number:
Email Address:
Description of Supplies/Services/Works
Item No.
Agreed Price
(ex VAT)
Description of Supplies/Services/Works
Total Agreed Price of Supplies/Service/Works excluding VAT
£
Supplier informed that Fife Council Terms & Conditions shall apply
48
Last Amended on 01/11/2012
Appendix I
Example Low Value Tender Covering Letter & Brief Document
N.B. For information about the suggested content of invitations to tender for low value
consultancy requirements please see Fife Council's Guidance for Engaging Consultants
http://190.1.145.60/fish/detailedsearch/index.cfm?fuseaction=PubView&objectid=F0CB0
FF4-FE53-ECCA-DB6AE7EFFE00218A
Dear << >>,
INVITATION TO QUOTE FOR "(Insert name of service/goods)"
QUOTE Ref: "(Insert quotation ref)"
You are invited by Fife Council to quote for the provision of goods/services detailed in
the attached brief documentation. Your quotation must be returned to the secure epostbox/ “insert email address” by"Insert time, day and date" . It is the responsibility of
all suppliers to ensure that their quotation response is received no later than the
appointed time. Fife Council may undertake not to consider quotations received after
that time.
Fife Council is not bound to accept the lowest priced or any quote and shall not be
bound to accept the supplier as sole supplier. Prices quoted shall remain firm for the
duration of the contract. Value Added Tax (VAT) should be shown separately and the
VAT registration number given.
The quotation will be evaluated on the basis of lowest price (delete table)/using the
following criteria and weightings:
Evaluation Criteria
Eg Quality
Eg Price
Eg Technical Merit
Weighting
X%
X%
X%
By providing us with a quotation you agree to be bound by Fife Council’s Terms and
Conditions for Goods / Services / Consultancy which can be found by using the link
provided to www.fifedirect.org.uk [and /or attach relevant set from PCS library] and
which will apply to any contract awarded to you after you have provided us with the
quotation. The minimum levels of insurances required are stated in the Terms and
Conditions. The minimum levels of insurance required are: [state levels of insurance]
and supercede those stated in the Terms and Conditions [or alternatively amend
insurance values in Terms and Conditions and attach to this document rather than using
hyperlink or PCS library].
Enquiries regarding this Invitation to Quote should be addressed to “add buyer contact
details here/Questions & Answers Section PCS”.
49
Last Amended on 01/11/2012
Yours sincerely,
INSERT NAME
INSERT JOB TITLE
Note: This document should be tailored to your requirements. The level of detail
within the brief should adequately reflect the nature of your requirements and
some of the information may not be necessary and can be omitted.
Brief Document
INVITATION TO QUOTE FOR "(Insert name of service/goods)"
QUOTE Ref: "(Insert quotation ref)"
Introduction
The main aim and purpose of work should be indicated here.
Background
The information provided here should be of sufficient length and detail to ensure the
supplier has an understanding of why this work is being commissioned.
Objectives
a. Scope of Requirement
Clearly describe what the supplier is expected to provide including definitive
quantities.






Be specific without using brand names where possible
Don’t over specify – only ask for what you need
Include delivery requirements if applicable (one central location, various
deliveries, timescales etc.)
Include any training requirements
Warranty requirements
Consider any applicable legislation, e.g. British Standards etc., COSHH
b. Outputs and Milestones
Provide an outline project plan detailing timescale for the project including (where
applicable):




Scheduled meetings, include venue for meetings.
What presentations and reports are required.
Detail the format of draft and final reports expected stating the number of reports
Outline final deliverables expected by your organisation within this project.
50
Last Amended on 01/11/2012
QUESTION
ANSWER
Please state your delivery lead-time from receipt of
order for the item(s) quoted
Please advise any minimum order quantities/values
that apply for the item(s) quoted
Please advise the warranty/guarantee periods
applicable for the items(s) quoted and please
provide any additional conditions/information.
Please advise if there are any extended warranty
options available for the item(s) quoted and
provide details of applicable costs.
Please advise any maintenance agreement options
that are available for the item(s) quoted and
provide details of applicable costs.
Please advise the colour ranges/options available
for the item(s) quoted and advise if any additional
costs are applicable for any of the available
choices.
Please advise if there are any “finish” options that
require to be selected for the item(s) quoted
Please provide details of the main “spares”
applicable to the item(s) quoted and provide details
of applicable costs and availability.
Please advise if any of the item(s) quoted are (in
your opinion) considered “hazardous”? If yes,
provide all relevant information to comply with the
REACH Enforcement Regulations 2008.
Please state any applicable quality standards for
the item(s) quoted, i.e. BS…, Kitemark etc.
Please provide illustration(s) of the item(s) quoted
(supply as a separate attachment if desired)
You may wish to specify anticipated outcomes of what you expect to be able to do as a
result of this contract.
Selection Criteria
You should first assess suppliers on their capability. You should include your Selection
Criteria together with any weightings for each area, or any minimum standards required.
If the supplier(s) meet the thresholds you identified you should then assess them on
your Award Criteria.
You may wish to include such areas as:






Previous relevant experience
Equal Opportunities
Health and Safety
Lead Time
Maintenance and Warranty
Spares
51
Last Amended on 01/11/2012
Award Criteria
State if Lowest Price or if a combination of price and quality will be used you may wish
to include some of the following areas. Again, you should include any weightings you
will be using within the Brief.





Understanding of this specific project requirements
Methodology and approach proposed
Specific expertise proposed for the service
Delivery / Timescales proposed
Price
All criteria must be relevant to the goods or services being provided.
Detail what Key Performance Indicators will be applied to the contract and ensure they
realistically reflect what the final outputs and milestones, examples are:





Time targets
Productivity indicators
Quality of service
Demand
Availability
Additional information
Relevant additional information, as applicable to your project, may include, but is not
restricted to;





Details of EU funding or grants that apply to the project;
Your organisation’s key contact details;
Intellectual property rights which you wish to be retained by your organisation;
Any sustainability issues that could impact on the contract i.e. recycled paper for
reports;
Any health & safety issues that may impact on the contract.
Sustainability
You should mention the Council’s sustainability policy, with reference to the Big 8, within
the brief to ensure best practice is promoted throughout the organisation and minimise
the impact on the environment.
Fees and Costs
Rates and prices should be exclusive of VAT and shall be deemed inclusive of all
additional costs and expenses howsoever incurred.
52
Last Amended on 01/11/2012
(adapt table to suit)
DESCRIPTION
QUANTITY
UNIT PRICE
£
TOTAL
PRICE £
Tenderers Company details and person whom reference may be made regarding this
Tender:-
Name:
Company:
Address:
Phone:
Fax:
Email:
Website
53
Last Amended on 01/11/2012
Appendix J
NON-ELECTRONIC PQQ/TENDER ISSUING, SUBMISSION AND OPENING
PROCEDURES
1.
1.1
INTRODUCTION
All tender documents and return envelopes or pre-printed labels relating to
Procurement exercises will be issued by the relevant Procuring Service as
allowed for under the Scheme of Tender Procedures and returned tenders are
receipted either via www.publiccontractsscotland.gov.uk or by the Resources
Manager (or as delegated), Performance and Organisational Support.
1.2
Whilst it is the Council’s preference to receive PQQ/Tender submissions
electronically via www.publiccontractsscotland.gov.uk postbox facility, a policy
decision has not yet been made that this is mandatory.
1.3
Until this is mandatory (and as a back-up for the electronic process), it is
necessary to have a procedure in place for the hard copy issue and return of
PQQ/Tender submissions.
2.
2.1
NON-ELECTRONIC PQQ/TENDER ISSUE
If a prospective Tenderer requests a hard copy tender they should be provided
with one. Ideally two copies of the documentation should be provided.
Purchasing Officers should take the opportunity to include pre-printed labels / an
official envelope for submission of the completed documentation
3.
ISSUE OF OFFICIAL RETURN ENVELOPE OR PRE-PRINTED LABEL FOR
HARD COPY RETURN
Should prospective Tenderers wish to return their PQQ/Tender submission in a
hard copy format, they must do so by using an official envelope issued by the
Council or by obtaining a pre-printed label. Instructions should be issued to the
prospective Tenderer(s) detailing how they may request an official envelope or
pre-printed label (if applicable). A hard copy PQQ/Tender submission is
permitted in three circumstances:
3.1
3.1.1. The PQQ/Tender document is available for the prospective Tenderer to
download but the Tenderer cannot/does not want to return their submission
electronically via www.publiccontractscotland.gov.uk postbox facility.
Appropriate text should be inserted in the PQQ/Tender document detailing the
instructions (suggested text in Appendix J1). The Procuring Officer may want to
publish “Additional Information” via the www.publiccontractsscotland.gov.uk to
remind the prospective Tenderers of the instructions (suggested text in Appendix
2).
3.1.2 The PQQ/Tender document is available for the prospective Tenderer to
download but the Procuring Officer requires the submissions to be returned by
hard copy (i.e. perhaps if there are size restriction issues with the upload limit on
PCS). The prospective Tenderer must be advised to contact the Procuring
Officer for an official envelope or pre-printed label. Appropriate text should be
inserted in the PQQ/Tender document (suggested text in Appendix J1).
54
Last Amended on 01/11/2012
3.1.3 If the PQQ/Tender submission is to be sent and returned as a hard copy, an
official envelope or pre-printed label should be sent to the prospective Tenderer
along with the PQQ/Tender document.
3.2
The Procuring Officer must assign a unique reference number (e.g. 01, 02, 03
etc) for each Tenderer that is sent an official envelope or pre-printed label
(whether sent directly or requested by the Tenderer) and record this on the
official envelope or pre-printed label sent to them. The Procuring Officer must
also send “Instructions to Tenderers” (Appendix J3) with the official envelope or
pre-printed label. The Procuring Officer must retain a list of all companies that
have been sent an official envelope or pre-printed label and the unique reference
number that was assigned to them.
3.3
A deadline must be fixed and intimated to prospective Tenderers for requesting
an official envelope or pre-printed label; this is to protect the Procuring Officer in
the event of requests coming in at the last minute. Requests received after this
date should not be necessarily declined, i.e. in the event of a prospective
Tenderer arriving at Fife House reception with a completed PQQ/Tender
submission and requiring an official envelope in order to finalise their submission;
an effort should be made to issue them with an official envelope or label so the
submission can be considered.
4.
NOTICE TO POS
4.1
At least three days prior to the tender deadline date, the Procuring Service must
send a Hard Copy Tender Return Notification and Record Form (Appendix K) to
the Resources Manager, Performance and Organisational Support, providing the
following information:- Name of relevant Procuring Officer
- Telephone extension number
- Contract Number/Reference
- Contract Description
- Return Date
- Tenderers’ reference number
5.
RECEIPT/OPENING OF HARD COPY PQQ/TENDER SUBMISSION
5.1
All PQQ/tender submissions received by Performance and Organisational
Support on or before the return deadline will be opened in the presence of an
authorised member of staff from the Procuring Service. The Hard Copy Tender
Return Notification and Record Form will be completed and signed by the
Procuring Service representative and the POS member of staff engaged in
opening.
5.2
All tenders will then be passed to the Procuring Service along with a copy of the
signed Tender Return Notification and Record Form.
5.3
Any tenders received after the return deadline will be returned unopened (where
practicable) to the Tenderers by Performance and Organisational Support.
55
Last Amended on 01/11/2012
APPENDIX J1
INFORMATION TO BE INCLUDED IN PQQ/INVITATION TO TENDER
All responses will be treated in confidence. Completed questionnaires/tender
documents should be submitted via the secure postbox facility provided for this purpose
on www.publiccontractsscotland.gov.uk. Guidance on this process can be found in
<<INSERT AREA WHERE THIS IS REFERENCED>> of this document.
Any organisation unable to use the electronic facility or unable to upload their
completed PQQ/Tender submission must contact <<PROCURING OFFICER
NAME, JOB TITLE, TEL. 08451 555555 ext. XXXXXX AND EMAIL ADDRESS>>.
Alternative arrangements to submit a hard copy format of the Tender submission
may be made but by prior agreement only.
Prospective Tenderers wishing to submit a hard copy format of their Tender must
contact <<PROCURING OFFICER>>, <<EMAIL ADDRESS>>, or tel. 08451 55 55 55
ext. <<EXT>> no later than <<DATE (APPROX. 3-5 DAYS BEFORE THE
DEADLINE)>>. While the Council will try to respond to a request for an official
envelope / pre-printed envelope received after that date, it cannot guarantee being able
to do so in time for the tender submission to be submitted prior to the tender deadline.
The completed PQQ/Tender document must be received BY <<TIME>> on <<DAY,
DATE, YEAR>>.
Late submissions will not be considered.
OR
(IF HARD COPY RETURN IS REQUESTED BUT DOCUMENTS AVAILABLE TO
TENDERERS TO DOWNLOAD, I.E. DOCUMENTS NOT SENT TO TENDERERS
WITH OFFICIAL ENVELOPE FOR RETURN)
The Council requires you to submit your PQQ/Tender submission in a hard copy format
and in an official envelope/ or in an envelope with a pre-printed label from Fife Council.
Prospective Tenderers must request this official envelope / pre-printed label from
<<PROCURING OFFICER>>, <<EMAIL ADDRESS>>, or tel. 08451 55 55 55 ext.
<<EXT>> no later than <<DATE (APPROX. 3-5 DAYS BEFORE THE DEADLINE)>>.
While the Council will try to respond to a request for an official envelope / pre-printed
label received after that date, it cannot guarantee being able to do so in time for a
tender submission to be submitted prior to the tender deadline.
The completed PQQ/Tender document must be received BY <<TIME>> on <<DAY,
DATE, YEAR>>
Late submissions will not be considered.
56
Last Amended on 01/11/2012
APPENDIX J2
SUGGESTION – TO BE POSTED ON www.publiccontractsscotland.gov.uk
(ADDITIONAL INFORMATION) APPROX. 10-12 DAYS BEFORE DEADLINE.
REMINDER OF DEADLINE AND INSTRUCTIONS/GUIDANCE FOR RETURN OF
PQQs/TENDERS
You are reminded that the deadline for the return of the PQQ’s/ Tender submissions for
this Contract is <<DATE>>, at <<TIME>>.
It is the Council's preference to receive your PQQ/Tender submission via the Public
Contracts Scotland web-portal secure post-box. You are reminded that there is a 10MB
limit to each document you wish to upload and you may upload several files with a
maximum combined limit of 30MB per response. If this upload limit is a major issue, you
may send supplementary information (not the main PQQ/Tender document) separately
by email to <<EMAIL ADDRESS>> following the deadline of the PQQ documents.
However, please ensure that all supplementary information is referred to in your PQQ
submission so it can be proved that this was intended to be included as part of your
original submission.
If you cannot utilise this facility and you wish to return your submission by hard copy,
this MUST be submitted in an official envelope or in a plain envelope with a pre-printed
label supplied by the Procuring Officer affixed to it. If you require an official
envelope/pre-printed label, please contact <<PROCURING OFFICER>>, <<EMAIL
ADDRESS>>, or tel. 08451 55 55 55 ext. <<VOIP EXT>> no later than <<DATE
(APPROX. 3-5 DAYS BEFORE THE DEADLINE)>>.
Please note it is your responsibility to return your submission by an approved means by
the deadline of <<DEADLINE DATE, TIME>>. Any submission received after that
deadline will not be considered.
57
Last Amended on 01/11/2012
APPENDIX J3
TO BE SENT TO TENDERERS WITH OFFICIAL ENVELOPE / PRE-PRINTED LABEL
INSTRUCTIONS TO TENDERERS
(1)
Tenders/PQQ Submissions must be returned in the official envelope
provided for this purpose or in an otherwise plain envelope with a preprinted label supplied by Fife Council affixed to it. If the Tender is too
bulky for the envelope, the envelope must be clearly and firmly attached to
the outside of the Tender.
(2)
If you decide not to Tender, the official envelope must not be used to
register the decision since this can lead to confusion at the Tender opening
stage. A decision not to Tender should be communicated in writing direct
to the <<PROCURING OFFICER, CONTACT DETAILS (INCLUDING
ADDRESS)>>.
(3)
It is the responsibility of Tenderers to ensure that the Tender is delivered to
the Resources Manager, Performance and Organisational Support, Fife
House Main Building (Main Reception), Fife House, North Street,
Glenrothes, Fife. KY7 5LT by <<TIME>> on the designated day. Under no
circumstances will a late Tender be considered and any Tenders arriving
after the specified time will be returned. Tenders in the form of a faxed or
emailed message will not be accepted under any circumstances.
58
Last Amended on 01/11/2012
Appendix K
HARD COPY PQQ/TENDER RETURN NOTIFICATION AND RECORD
FROM:
TICK
CONTACT
EXT.
Property Services
Building Services
Social Work
Transportation
Procurement & Supplies
Contract Description:
Ref. No.
PQQs/Tenders have been issued with
instructions that they must be returned to:
PQQs/Tenders to be returned by:
Number of PQQs/Tenders/Envelopes
issued:
If less than 3 give reasons as to why:
Tender No. Date/Time
(marked on of Receipt
envelope)
Amount
NO. OF TIMEOUS TENDERS: ________
□
□
□
Public Contracts Scotland
Legal Services
Procuring Service (under £14K/direct
award to Building Services only)
Time: _________ Date: _________
Tender No. Date/Time
(marked on of Receipt
envelope)
Amount
NO. OF LATE TENDERS: _________
THE TIMEOUS TENDERS WERE OPENED AND PASSED TO THE PROCURING OFFICER
FOR EVALUATION BY THE TWO OFFICERS UNDERSIGNED:
Service Issuing Tender: _________________ Legal Services/Service Issuing Tender:
___________________Date_________ Time_________
Persons witnessing the opening of Tenders are reminded that all information contained
within the Tenders is confidential to the Council and must not be disclosed.
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HARD COPY PQQ/TENDER RETURN
NOTIFICATION
AND
RECORD
CONTINUATION SHEET
Sheet No.
This must be attached to the top sheet
Contract Description:
PQQs/Tenders have been issued with
instructions that they must be returned to:
□
□
□
Public Contracts Scotland
Legal Services
Procuring Service (under
award to Building Services only)
£14K/direct
PQQs/Tenders to be returned in official
Time: _________ Date: _________
envelope by:
Tender No. Date/Time
(marked on of Receipt
envelope)
Amount
(if
applicable)
Tender No. Date/Time of Amount
(if
(marked on Receipt
applicable)
envelope)
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Appendix L
Pre-Qualification Questionnaire – Successful Letter
Dear << >>
«Subject»
Thank you for submitting a Pre-Qualification Questionnaire for this contract. The
Council is pleased to inform you that you have been selected to proceed to the next
stage in the Tender process.
[The Invitation to Tender and Tender documents can be accessed at:
www.publiccontractsscotland.gov.uk Please contact us if you have any difficulty
accessing these documents.]
[The invitation to Tender and Tender documents will be forwarded to you in due course.
If you have any queries regarding the content of this letter please contact us.]
[You will be contacted shortly when the the Invitation to Tender and Tender documents
are available. If you have any queries regarding the content of this letter please contact
us.]
Please note that this letter does not constitute a binding commitment to contract with
you.
Yours sincerely,
[Procurement and Supplies Manager] or [Chief Legal Officer]
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Appendix M
Pre-Qualification Questionnaire – Unsuccessful Letter
Dear << >>
«Subject»
Thank you for your pre-qualification questionnaire dated (***date of pre-qualification
questionnaire***) in response to (***details of advert/OJEU advert***). We have now
completed our evaluation of all the pre-qualification questionnaires received in response
to the advertisement and, on behalf of Fife Council, I must inform you that on this
occasion you have not been selected to be invited to (***tender/negotiate the
contract/participate further in the dialogue.)
[INSERT A SUMMARY OF THE REASONS WHY THE SUPPLIER WAS
UNSUCCESSFUL]
If you would like to receive additional debrief information, please contact us in writing.
We will respond to you within 15 days of receipt of written request.
May I take this opportunity to thank you for your interest in this contract and remind you
that further contracting opportunities from the Scottish public sector can be found on the
Public Contracts Scotland portal: www.publiccontractsscotland.gov.uk
Yours sincerely,
[Procurement and Supplies Manager]
or
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[Chief Legal Officer]
Appendix N
UNSUCCESSFUL LETTER – MINI-COMPETITION
It is a requirement for framework agreements advertised on or after 20 December
2009, to notify tenderers which are unsuccessful in a mini-competition of the
decision in relation to the contract. This notice could also be used for contracts
awarded under framework agreements
A standstill period may be observed on a voluntary basis. If this is the case the
text in square brackets should be inserted. If the framework was not subject to
OJEU procedures it should be stated that the observation of the standstill period
is entirely voluntary and not because it is a requirement of under the EU
Regulations.
Dear << >>
«Subject»
Thank you for your tender dated (***date of tender***) for (***title of contract***). Having
evaluated all the tenders received in response to the mini-competition for this contract, I
am writing on behalf of Fife Council, to inform you that it is our intention to award a
contract to (***name of successful tenderer***).
[We intend to observe a ‘standstill period’, during which we must refrain from entering
into contract with the winning tenderer. For the purpose of this contract the standstill
period shall run for a period of ***days*** commencing the day after the date that this
letter is despatched to you by email.] (Draft Note: Rewording will be required if letter is
sent other than by email. Also, purchaser must ensure that standstill period is a
minimum of 10 calendar days from day after date of despatch if the letter is sent to all
recipients by email or fax or 15 calendar days from day after date of despatch if the
letter is sent to any recipients by other means.)
[Draft Note: If is not necessary to provide scores or the relative advantages of the
winning tender although you may choose to do so. The table below shows the
individual scores given against the published criteria in respect of your submission and
those of the winning tenderer (***name of winning tenderer***).
AWARD CRITERIA
YOUR SCORE
WINNING
TENDERER’S
SCORE
OVERALL SCORE
INSERT A STATEMENT SUMMARISING THE RELATIVE ADVANTAGES OF THE
WINNING TENDER (Draft Note: sufficient information must be included here to enable
the tenderer to identify why it has not been awarded the contract.)]
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If you would like to receive debrief / additional debrief (delete as appropriate)
information, please contact us in writing. We will respond to you within 15 days of
receipt of a written request.
May I take this opportunity to thank you for your interest in this contract and remind you
that there are likely to be further contracting opportunities under the framework
agreement. Other contracting opportunities from the Scottish public sector can be
found on the Public Contracts Scotland portal: www.publiccontractsscotland.gov.uk
Yours sincerely,
[Procurement and Supplies Manager]
or
[Chief Legal Officer]
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Appendix O
PRE STANDSTILL SUCCESSFUL LETTER (OJEU) - FOR TENDER EXERCISES
COMMENCING BEFORE 1ST MAY 2012
Notice of Intention to Award Contract
Dear << >>
<<Subject>>
I refer to your tender submission dated (***date***) in respect of (*** title of contract***).
We have now completed our evaluation of all tenders received for this contract in
accordance with our previously published evaluation criteria, and your tender has been
found to be the (***most economically advantageous tender/lowest priced***) tender.
The table below shows the individual scores given against the published criteria in
respect of your submission.
AWARD CRITERIA
WEIGHTING
YOUR SCORE
As required by regulation 32 of the Public Contracts (Scotland) regulations 2006 (SSI
2006/1, as amended), after the contract evaluation process is complete the Council is
required to provide information regarding the outcome of the evaluation process to
certain bodies that registered an interest in bidding for the contract.
The Council is also required to observe what is known as the ‘standstill period’. During
this period the Council must refrain from entering into a contract with you. For the
purposes of this contract, the standstill period shall run for a period of (*** days***)
commencing the day after the date that this letter is despatched to you by email/post
(delete as applicable) (Draft Note: The standstill period is a minimum of 10 calendar
days from day after date of despatch if the letter is sent to all recipients by email or fax
or 15 calendar days from day after date of despatch if the letter is sent to any recipients
only by other means.)
If the Council failed to properly observe the standstill period then a complainer could
seek the shortening of the duration of the contract, or if they could demonstrate other
breaches of the 2006 Regulations, an ineffectiveness order in relation to the contract.
It is intended to enter into the contract with you as soon as possible after the expiry of
the standstill period unless court proceedings are served on Fife Council prohibiting (by
virtue of regulation 47(10) of the 2006 Regulations) the entering into of the contract, or
Fife Council considers that it would be unlawful to award the contract to you. The
remedies that may be awarded by the courts before the contract has been entered into
include the setting aside of the decision to award the contract to you.
You will be notified in writing upon the commencement of any such proceedings or of
any other circumstances which may prevent or delay contract award. Fife Council shall
have no liability to you in the event of delay or non-award. Once the contract has been
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entered into there is a limited possibility that the special penalties referred to above
might be imposed in relation to the contract, where the grounds for the imposition of
such penalties can be established.
[REFER TO CONTRACTUAL INSURANCE PROVISIONS if applicable. Details of your
company’s insurance policies require to be approved by the Council’s insurance
consultants Aon Limited, 40 Torphicen Street, Edinburgh, EH3 8JB
(stuart.hunter@aon.co.uk) (Fax. No. 0131 456 3045 FAO Stuart Hunter) prior to the
Council’s acceptance of your offer. I have passed a copy of the insurance details
supplied by your insurance brokers to the Council’s insurance consultants for approval.]
[Where your insurance cover expires during the contract period (including any
maintenance periods following thereon) it is a condition of this acceptance that you
renew your insurances on the same or better terms. I will write to you prior to renewal
of your current insurances to ask you to provide written confirmation within 7 days of the
expiry of your current insurance that such insurance cover has been renewed and the
terms and conditions on which it has been renewed.]
[The acceptance of your tender when issued will also be subject to you providing: a Contract Guarantee Bond
 Consultant Collateral Warranties.]
This letter is not and is not intended to have contractual effect and no action
should be taken at this time in relation to this contract. The Council accepts no
responsibility or liability for any actions which you may take based on the
information detailed in this letter.
Any such actions and their financial
consequences will be entirely at your own risk.
Yours sincerely,
[Procurement and Supplies Manager]
or
[Chief Legal Officer]
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PRE STANDSTILL SUCCESSFUL LETTER (OJEU) - FOR TENDER EXERCISES
COMMENCING ON OR AFTER 1ST MAY 2012
Notice of Intention to Award Contract
Dear << >>
<<Subject>>
I refer to your tender submission dated (***date***) in respect of (*** title of contract***).
We have now completed our evaluation of all tenders received for this contract in
accordance with our previously published evaluation criteria, and your tender has been
found to be the (***most economically advantageous tender/lowest priced***) tender.
The table below shows the individual scores given against the published criteria in
respect of your submission.
AWARD CRITERIA
WEIGHTING
YOUR SCORE
As required by regulation 32 of the Public Contracts (Scotland) regulations 2012 (SSI
2012 No. 88), after the contract evaluation process is complete the Council is required
to provide information regarding the outcome of the evaluation process to certain bodies
that registered an interest in bidding for the contract.
The Council is also required to observe what is known as the ‘standstill period’. During
this period the Council must refrain from entering into a contract with you. For the
purposes of this contract, the standstill period shall run for a period of (*** days***)
commencing the day after the date that this letter is despatched to you by email/post
(delete as applicable) (Draft Note: The standstill period is a minimum of 10 calendar
days from day after date of despatch if the letter is sent to all recipients by email or fax
or 15 calendar days from day after date of despatch if the letter is sent to any recipients
only by other means.)
If the Council failed to properly observe the standstill period then a complainer could
seek the shortening of the duration of the contract, or if they could demonstrate other
breaches of the 2012 Regulations, an ineffectiveness order in relation to the contract.
It is intended to enter into the contract with you as soon as possible after the expiry of
the standstill period unless court proceedings are served on Fife Council prohibiting (by
virtue of regulation 47(9) of the 2012 Regulations) the entering into of the contract, or
Fife Council considers that it would be unlawful to award the contract to you. The
remedies that may be awarded by the courts before the contract has been entered into
include the setting aside of the decision to award the contract to you.
You will be notified in writing upon the commencement of any such proceedings or of
any other circumstances which may prevent or delay contract award. Fife Council shall
have no liability to you in the event of delay or non-award. Once the contract has been
entered into there is a limited possibility that the special penalties referred to above
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might be imposed in relation to the contract, where the grounds for the imposition of
such penalties can be established.
[REFER TO CONTRACTUAL INSURANCE PROVISIONS if applicable. Details of your
company’s insurance policies require to be approved by the Council’s insurance
consultants Aon Limited, 40 Torphicen Street, Edinburgh, EH3 8JB
(stuart.hunter@aon.co.uk) (Fax. No. 0131 456 3045 FAO Stuart Hunter) prior to the
Council’s acceptance of your offer. I have passed a copy of the insurance details
supplied by your insurance brokers to the Council’s insurance consultants for approval.]
[Where your insurance cover expires during the contract period (including any
maintenance periods following thereon) it is a condition of this acceptance that you
renew your insurances on the same or better terms. I will write to you prior to renewal
of your current insurances to ask you to provide written confirmation within 7 days of the
expiry of your current insurance that such insurance cover has been renewed and the
terms and conditions on which it has been renewed.]
[The acceptance of your tender when issued will also be subject to you providing: a Contract Guarantee Bond
 Consultant Collateral Warranties.]
This letter is not and is not intended to have contractual effect and no action
should be taken at this time in relation to this contract. The Council accepts no
responsibility or liability for any actions which you may take based on the
information detailed in this letter.
Any such actions and their financial
consequences will be entirely at your own risk.
Yours sincerely,
[Procurement and Supplies Manager]
or
[Chief Legal Officer]
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Appendix P
PRE STANDSTILL UNSUCCESSFUL LETTER (OJEU) - FOR TENDER EXERCISES
COMMENCING BEFORE 1ST MAY 2012
Please note that this letter may also be used for non-OJEU contracts on a
voluntary basis. If you do this you must make it clear that the standstill period is
being observed on a voluntary basis and not because it is required under the
2006 Regulations. If this is not made clear, it may create a legitimate expectation
on the part of challengers that the full procedural requirements of the Regulations
should apply to the procurement.
Notice of Intention to Award Contract
Dear << >>
«Subject»
Thank you for your tender dated (***date of tender***) for (***title of contract***). Fife
Council has now completed its evaluation of all tenders received for this contract and,
on behalf of Fife Council, I must inform you that on this occasion your tender has not
been successful. The table below shows the individual scores given against the
published criteria in respect of your submission and those of the winning tenderer
(***name of winning tenderer***).
AWARD CRITERIA
YOUR SCORE
WINNING
TENERER’S
SCORE
OVERALL SCORE
INSERT A STATEMENT SUMMARISING THE RELATIVE ADVANTAGES OF THE
WINNING TENDER. (Draft Note: Sufficient information must be included here to
enable the tenderer to identify why they have not been awarded the contract.)
Regulation 32 of the Public Contracts (Scotland) Regulations 2006 (SSI 2006/1) (as
amended) requires the Council to observe what is known as the ‘standstill period’.
During this period the Council must refrain from entering into a contract with the winning
tenderer. For the purpose of this contract the standstill period shall run for a period of
***x*** days commencing the day after the date that this letter is despatched to you by
email/post (delete as applicable). (Draft Note: the standstill period is a minimum of 10
calendar days from day after date of despatch if the notice is sent to all recipients by
email or fax or 15 calendar days from day after date to despatch if the letter is sent to
any recipients by other means.)
If court proceedings are raised against the Council during the standstill period the
prohibition on entering into the contract will be continued automatically until the court
proceedings are determined, discontinued or disposed of, or the court, by interim order,
brings an end to the prohibition.
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The remedies that can be awarded by the courts before the contract has been entered
into include the setting aside of the decision to award the contract to the winning
tenderer.
Court proceedings brought against the Council after the contract has been entered into
will not affect the contract unless grounds for the imposition of special penalties
under the 2006 Regulations can be established. In the absence of such grounds, the
remedies that can be awarded by the courts where the contract has been entered into
are limited to the award of damages.
If you require further clarification, please contact us in writing. The Council will respond
to you within 15 days of receipt of a written request.
The Council also takes this opportunity to thank you for your interest in this contract and
remind you that further contracting opportunities from the Scottish public sector can be
found on the Public Contracts Scotland portal: www.publiccontractsscotland.gov.uk
Yours sincerely,
[Procurement and Supplies Manager]
or
[Chief Legal Officer]
PRE STANDSTILL UNSUCCESSFUL LETTER (OJEU) - FOR TENDER EXERCISES
COMMENCING ON OR AFTER 1ST MAY 2012
Please note that this letter may also be used for non-OJEU contracts on a
voluntary basis. If you do this you must make it clear that the standstill period is
being observed on a voluntary basis and not because it is required under the
2012 Regulations. If this is not made clear, it may create a legitimate expectation
on the part of challengers that the full procedural requirements of the Regulations
should apply to the procurement.
Notice of Intention to Award Contract
Dear << >>
«Subject»
Thank you for your tender dated (***date of tender***) for (***title of contract***). Fife
Council has now completed its evaluation of all tenders received for this contract and,
on behalf of Fife Council, I must inform you that on this occasion your tender has not
been successful. The table below shows the individual scores given against the
published criteria in respect of your submission and those of the winning tenderer
(***name of winning tenderer***).
AWARD CRITERIA
YOUR SCORE
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WINNING
TENERER’S
SCORE
OVERALL SCORE
INSERT A STATEMENT SUMMARISING THE RELATIVE ADVANTAGES OF THE
WINNING TENDER. (Draft Note: Sufficient information must be included here to
enable the tenderer to identify why they have not been awarded the contract.)
Regulation 32 of the Public Contracts (Scotland) Regulations 2012 (SSI 2012 No. 88)
requires the Council to observe what is known as the ‘standstill period’. During this
period the Council must refrain from entering into a contract with the winning tenderer.
For the purpose of this contract the standstill period shall run for a period of ***x*** days
commencing the day after the date that this letter is despatched to you by email/post
(delete as applicable). (Draft Note: the standstill period is a minimum of 10 calendar
days from day after date of despatch if the notice is sent to all recipients by email or fax
or 15 calendar days from day after date to despatch if the letter is sent to any recipients
by other means.)
If court proceedings are raised against the Council during the standstill period the
prohibition on entering into the contract will be continued automatically until the court
proceedings are determined, discontinued or disposed of, or the court, by interim order,
brings an end to the prohibition.
The remedies that can be awarded by the courts before the contract has been entered
into include the setting aside of the decision to award the contract to the winning
tenderer.
Court proceedings brought against the Council after the contract has been entered into
will not affect the contract unless grounds for the imposition of special penalties
under the 2012 Regulations can be established. In the absence of such grounds, the
remedies that can be awarded by the courts where the contract has been entered into
are limited to the award of damages.
If you require further clarification, please contact us in writing. The Council will respond
to you within 15 days of receipt of a written request.
The Council also takes this opportunity to thank you for your interest in this contract and
remind you that further contracting opportunities from the Scottish public sector can be
found on the Public Contracts Scotland portal: www.publiccontractsscotland.gov.uk
Yours sincerely,
[Procurement and Supplies Manager]
or
[Chief Legal Officer]
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Appendix Q
POST STANDSTILL AWARD LETTER (OJEU)
Dear << >>
«Subject»
I refer to the Council’s letter of (***date of standstill letter***). The standstill period has
now elapsed and as there has been no challenge to the evaluation process, I hereby
accept your offer of (***date***) for (***title of contract***).
The documents listed below shall be deemed to form and to be read and construed as
part of the contract:
1. Fife Council’s Invitation to Tender including Fife Council’s stated terms and
conditions of contract;
2. Your organisation’s Tender <date>;
3. All Questions, Answers and Clarifications as published on
www.publiccontractsscotland.gov.uk;
4. <<Any other relevant documents that relate to the contract e.g. Clarification
correspondence, Collateral Warranty Agreement, Contract Guarantee Bond,
Insurance >>;
5. This letter of acceptance.
[Subject to approval of your insurance cover and provision of a satisfactory Contract
Guarantee Bond and the required Collateral Warranty Agreement(s) you are requested
to contact ********** to discuss your programme for the execution of the works.]
The contract period is << >> to << >> <<with optional extension(s)>>. [The Contract
Manager for the contract is *********]
[It is noted from your Tender response that your prices shall be held firm for a period of
** months up to ***. Thereafter, the authority of the [Procurement and Supplies
Manager or Chief Legal Officer] must be obtained before any amendments to the
contract prices are made. Documentary evidence in support of any price increase
would be required to be submitted to the [Procurement and Supplies Manager or Chief
Legal Officer] at the above address giving one month's written notice. ]
Please sign two copies of this letter. A signed copy of this letter must be received by
return addressed to the [Procurement and Supplies Manager or Chief Legal Officer] at
the above address in order to act as an acknowledgement of receipt of this letter and
acceptance of its terms. The other copy should be retained for your records.
Yours sincerely,
[Procurement and Supplies Manager]
or
[Chief Legal Officer]
Signed for on behalf of <<Contractor>>
Signature:
Position:
Name:
Date:
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Appendix R
AWARD LETTER (NON OJEU)
Dear << >>
CONTRACT NO:CONTRACT PERIOD:On behalf of the Council, I am authorised to accept your tender dated ** for **.
The contract commencement date shall be ****. The contract is for a period of
<<period>>. [Fife Council reserves an option to extend the contract by a period of up to
<<period>>.]
The documents listed below shall be deemed to form and to be read and construed as
part of the contract:
1.
Fife Council‘s Invitation to Tender including Fife Council’s stated terms and
conditions of contract;
2.
Your organisation’s Tender <date>;
3.
All Questions, Answers and Clarifications as published on
www.publiccontractsscotland.gov.uk;
4.
<<Any other relevant documents that relate to the contract e.g. Clarification
correspondence, insurance, bonds>>;
5.
This letter of acceptance.
[REFER TO CONTRACT INSURANCE PROVISIONS (if applicable). Details of your
company’s insurance policies require to be approved by the Council’s insurance
consultants Aon Limited, 40 Torphichen Street, Edinburgh, EH3 8JB
(stuart.hunter@aon.co.uk) (Fax. No. 0131 456 3045 FAO Stuart Hunter) as a condition
of this acceptance and prior to any work commencing on the contract. I have passed a
copy of the insurance details supplied by your insurance brokers to the Council’s
insurance consultants for approval/ Please therefore pass the relevant details of your
insurance policies to the Council’s insurance consultants.]
[It is noted from your tender response that your prices shall be held firm for a period of
** months up to *** (if applicable). Thereafter, the authority of the [Procurement and
Supplies Manager or Chief Legal Officer] must be obtained before any amendments to
the contract prices are made. Documentary evidence in support of any price increase
would be required to be submitted to the [Procurement and Supplies Manager or the
Chief Legal Officer] at the above address giving one month’s written notice.]
[Where your insurance cover expires during the contract period (including any
maintenance periods following thereon) it is a condition of this acceptance that you
renew your insurances on the same or better terms. I will write to you prior to renewal
of your current insurances to ask you to provide written confirmation within 7 days of the
expiry of your current insurance that such insurance cover has been renewed and the
terms and conditions on which it has been renewed.]
[This acceptance is subject to you providing:-
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
Contract Guarantee Bond;

Consultant Collateral Warranties;
(Insert details)
Subject to approval of your insurance cover and provision of a satisfactory Contract
Guarantee Bond and the required Collateral Warranty Agreement(s) you are requested
to contact ****** to discuss your programme for the execution of the works. The
anticipated start date of the contract is *******/to be arranged.]
Please sign two copies of this letter. One signed copy of this letter must be received by
return addressed to the [Procurement and Supplies Manager or the Chief Legal Officer]
at the above address in order to act as an acknowledgement of receipt of this letter and
acceptance of its terms. The other copy should be retained for your records.
Yours sincerely,
[Procurement and Supplies Manager]
or
[Chief Legal Officer]
Signed for on behalf of <<Contractor>>
Signature:
Position:
Name:
Date:
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Appendix S
UNSUCCESSFUL LETTER (NON OJEU)
Dear << >>
CONTRACT NO: << >>
CONTRACT: << >>
PERIOD: << >>
Thank you for your tender. The Council has now completed its evaluation of all the
tenders received for this contract and, on behalf of the Council, I must inform you that
on this occasion your tender has not been successful.
The successful tenderer was as follows:Organisation: << >>
Successful Organisation’s score: << >>
Your Organisation’s score: << >>
Your Organisation’s Rank No: << >>
INSERT A STATEMENT SUMMARISING THE RELATIVE ADVANTAGES OF THE
WINNING TENDER
If you would like additional debrief information this will be made available to you upon
request.
I would like to take this opportunity to thank you for your participation in the competition
and to wish you every success in the future.
Yours sincerely,
[Procurement and Supplies Manager]
or
[Chief Legal Officer]
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Appendix T
POST CONTRACT AWARD INFORMATION FORM
For contracts with a value of £5,000 and above for Supplies, Services and Works. This
form is also to be completed for extended contracts. N.B. Once completed, the form is
to be sent to Enquiry.Procurement@fife.gov.uk.
N:\W - Procurement\
TEMPLATES\PCAIF.xls
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Appendix U
SAVINGS & BENEFITS FORM
Information must be provided for reporting to the Scottish Government
Once completed, the form is to be sent to Enquiry.Procurement@fife.gov.uk.
Procured on behalf of (state Service):
Procurement Officer Name:
Contract Reference and Title:
Annual/One-off Budget
£
ACTUAL OR FORECASTED SAVING OR ACTUALISATION OF FORECATED
SAVING (delete as appropriate)
ACTUAL SAVINGS
Is this Saving a:
Actual Saving Type
 Budget Saving
 Cost Avoidance
 Negotiated Discount
 Supplier Discount
 Other
Please Tick:
Type





Value of Saving
per annum:
Capital or Revenue










£……………
£……………
£……………
£……………
£……………
Total saving per annum £……………
If “Other” please provide
details:
Recurring Saving or One-off/In
year Saving
(Procurement Officer must select one of these
options)
Recurring Saving

or
One-off/In year Saving 
FORECASTED SAVINGS
Is this Saving a:
Please Tick:
Forecasted/Anticipated Saving
Type
Type
Value of Saving
per annum:
Capital or Revenue
(Not recoverable from budget until actualised)



Budget Saving
Cost Avoidance
Other









Total saving per annum
If “Other” please provide
details:
Recurring Saving or One-off/In
Recurring Saving
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
£……………
£……………
£……………
£……………
year Saving
(Procurement Officer must select one of these
options)
Frequency forecasted savings
will be actualised
or
One-off/In year Saving 
Annually/6 monthly/Quarterly/Monthly (delete as
appropriate):
ACTUALISATION OF FORECASTED SAVINGS
Is this Saving a:
Please Tick:
Forecasted/Anticipated
Saving Type
Type
Revenue
Value of Saving per
annum/6 month
period/quarter/month
(delete as
appropriate):
Capital or
(Recoverable from budget when actualised)



Budget Saving
Cost Avoidance
Other









Total saving per annum/6
month period/quarter/month
(delete as appropriate)
£……………
£……………
£……………
£……………
If “Other” please provide
details:
Recurring Saving or Oneoff/In year Saving
(Procurement Officer must select one of
these options)
Recurring Saving

or
One-off/In year Saving 
For completion by Commissioning/Budget Holder/Procuring Service:
Service/School Saving Applicable to: _______________________________
 I agree that the procurement process has resulted in an actual or
forecasted savings opportunity of £_________
 I do not agree the savings for the following reason(s):_________________
Signature: _________________ Name:_______________ Date: ________
For Procurement and Supplies Use Only:
Added to Database by:
Date Added to Database:
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Appendix V
PROCEDURES FOR INVITING AND OPENING OFFERS
RELATING TO THE SALE/LEASE OF PROPERTY
INTRODUCTION
1.
In all cases where offers for the sale or lease of Council property have been
invited and a closing date has been fixed the procedures set out below must be
followed.
INVITATION TO SUBMIT OFFER
2.
3.
When inviting offers, it is important that uniform instructions are given, and the
following information must therefore be included in all instructions:
(a)
Interested parties must be instructed to return offers in the official
envelope provided. Each offer must be returned in a separate envelope.
(b)
If an interested party decides not to offer, they must be asked not to use
the offer envelope to register this decision, as this can lead to confusion at
the offer opening stage.
(c)
Interested parties must be informed that it is their responsibility to have the
offer delivered to the Corporate Asset Management Section of the Asset &
Facilities Management Service (“Corporate Asset Management”) by 12
noon on the designated day. Under no circumstances will a late offer be
considered, and any offers arriving after the specified time will be returned
unopened. It should also be noted that offers in the form of a faxed
document or offers submitted by E-Mail cannot be accepted.
It is the responsibility of Corporate Asset Management to send out with the sale
particulars an official return envelope. This envelope must not identify the
interested party by name, but must have a unique reference number marked in
the relevant place. This reference will correspond with those used on the offer
return notification and record form (see next section) and Corporate Asset
Management will keep a record of the reference numbers and the relevant
interested parties.
OFFER RETURN NOTIFICATION AND RECORD
4.
Corporate Asset Management must prepare an Offer Return and Notification and
Record for Sale/Lease of Property Form (Appendix V of Contract Standing
Orders – Scheme of Tender Procedures) for every sale. The unique reference
numbers referred to in paragraph 3 above must be added. If more than 14
parties have taken out particulars, a continuation sheet should be used. It is
important that continuation sheets are numbered in the relevant place (e.g. page
1 of 3, page 2 of 2, etc.).
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Appendix V cont.
PROCEDURE FOR OPENING OFFERS
5.
Corporate Asset Management will collect offers when received and stamp the
envelopes with the date and time of receipt. Any offers arriving after the
specified time will be clearly marked with the date and time of receipt and the
words "late offer". The representative will also enter the date and time of receipt
in the relevant column on the offer return form. If an interested party has decided
not to submit an offer, or their offer is late, the words "no offer" or "late offer", as
appropriate, should be entered on the form.
6.
Corporate Asset Management will, as soon as possible after the closing of offers,
take the offer return form and all offers received to the Chief Legal Officer or
his/her representative. The Legal representative will open the offers in the
presence of the Corporate Asset Management representative. Any late offers
will not be opened, however.
7.
The Legal representative will sign each offer which is opened and the date of
opening will also be marked. In addition, the offer return form should be
completed and signed by the Legal representative and by the Corporate Asset
Management representative.
8.
The Corporate Asset Management representative should take a copy of the offer
return form with the offers uplifted by him/her for evaluation. The original offer
return form will be retained by the Legal representative. Corporate Asset
Management will return any late offers unopened with a standard letter
explaining why they are being returned.
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Appendix W
OFFER RETURN NOTIFICATION AND RECORD FOR SALE OR LEASE OF
LAND AND PROPERTY
Property:
File No.
Sale particulars have been issued with instructions
that offers must be returned to:Offers must be lodged in the official envelope
supplied no later than 12 noon on:Offer No.
(marked on
envelope)
Date/Time of
Receipt
Amount
Offer No.
(marked on
envelope)
Date/Time of
Receipt
Amount
NO. OF OFFERS RECEIVED
NO. OF TIMEOUS OFFERS
NO. OF LATE OFFERS
THE TIMEOUS OFFERS WERE OPENED BY THE UNDERSIGNED:
Legal Services
Date
Time ____
THE TIMEOUS OFFERS WERE OPENED BY AND PASSED TO THE UNDERSIGNED FOR EVALUATION:
Estates Practice
Date
Time
Persons witnessing the opening of offers are reminded that all information
contained within the offers is confidential to the Council and must not be
disclosed.
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OFFER RETURN NOTIFICATION AND
RECORD FOR SALE OR LEASE OF LAND
AND PROPERTY - CONTINUATION
SHEET
This must be attached to the top sheet
Appendix W cont.
Sheet No.
Property:
Date of Return:
Offers to be returned to:
Offer No.
(marked on
envelope)
Offer No.
(marked on
envelope)
Date/Time
of Receipt
Amount
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Date/Time
of Receipt
Amount
Appendix X
PROCEDURES FOR COMMISSIONING OF SOCIAL CARE SERVICES
Introduction
The following procedures are to apply to the Contract Standing Orders. Procedures
referred to below can also be found in the Scottish Procurement Policy note (SPPN10
2008) relating to the procurement of social care services by Local Authorities and will
apply to Fife Council.
It is the responsibility of Fife Council in its capacity as a contracting authority to decide
whether EU Treaty principles require advertising and competition and, if so, the form of
publicity and competition required. This decision will be based on the individual
circumstances of the case taking into account:




Subject matter;
The estimated value of the contract;
The specifics of the sector concerned (size and structure of the practices etc);
The geographic location of the place of performance.
Decisions will be taken on a case by case basis, and advertising may not be required
where:

It would result in disproportionate costs to contracting authorities and/or
service providers (in particular where the total sum to be paid under a contract
will be low);

Where a service is of such a specialised nature that no market of suitable
potential providers exists;

Where, for example, the separate competitive tendering of a housing related
support service would result in the withdrawal of the accommodation currently
provided for the support service users, and those units of accommodation could
not be replaced;

Where, had the contract been subject to the full procedural rules on
advertising in the EU Regulations, a derogation from advertising would have
applied (for example where, for technical or artistic reasons a contract can only
be performed by a particular person or where there are reasons of extreme
urgency). An extreme urgency is one that is sudden, real and demonstrable and
creates risk to life or damage to property. Delays caused by a lack of sufficient
planning and/or internal process delays are not reasons of extreme urgency;

Where the contract is to be awarded under an existing Framework Agreement,
approved list or other qualification system which has itself been the subject of
adequate publicity.

The Executive Director of Social Work following consultation with the
Procurement and Supplies Manager may also enter into negotiations with one or
more authorised
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Appendix X cont.
providers to develop social care services if continuity of care issues arose and in
line with SPPN 10 2008. Namely if:
(1)
In the opinion of the Executive Director of Social Work the needs of the
individual(s) concerned would be best met by a particular provider;
(2)
In the opinion of the Executive Director of Social Work the existing provider(s)
are the only provider(s) capable of delivering the service to meet the needs of the
individual(s) concerned;
(3)
The nature of the service is such that it should not or cannot be adequately
specified in advance because of the nature of the social care needs of the
individual(s) concerned;
(4)
There are special circumstances such as ownership of land or property,
geographic locations or particular skills or experience of providers of social care
which limit the choice to one provider.

In the case of those services requirements that fall under continuity of care the
Executive Director of Social Work shall be authorised to enter into appropriate
contracts provided the contracts have been approved by the Procurement and
Supplies Manager and the Chief Legal Officer.

In the case of Continuity of Care contracts with providers, the Executive Director
of Social Work Service shall be required to provide to the appropriate Committee
a list of such contracts as and when required.
Where the Procurement & Supplies Manager agrees with Social Work Services that EU
Treaty rules do not require a service to be advertised and put out to competitive tender,
it may decide to move to extend or renew an existing contract but only after sign off
from the Procurement and Supplies Manager. Any decisions not to advertise or
competitively tender a contract will be based on sound and objective business reasons
and must be fully documented. It should also be demonstrated that Best Value has
been achieved.
Where a decision has been taken not to require a service to be advertised and put out
to competitive tender, the decision shall be subject to review at regular intervals.
Competitive Tender Process
Where the decision has been made to undertake a competitive tender process the
Scheme of Tenders Procedures will apply (Social Services fall under Part B services residual services and the full rigours of the EU Directives do not apply to requirements
over the EU thresholds). However, a contract Award notice must be published within
48 days of Contract Award.
Governing Bodies (Care Commission)
Any Contractors wishing to provide Social Care Services to the Fife Council must be
registered with the Care Commission (or its statutory successor/s) or any other relevant
regulatory bodies that are a mandatory requirement to the service provision.
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Appendix Y
DISPOSAL OF SURPLUS MATERIAL - REQUIREMENT TO ESTABLISH A SALE
PROCESS (Not Property)
To be completed by the Client Service(s) and returned to Procurement and
Supplies prior to Tenders being issued.
Sale Description
Sale Ref. No
…………………………………………………..
Tender D-…….
Selected option of sale (please select one or more of the following):
To sell the equipment strictly for scrap, i.e. to a scrap merchant
for that purpose alone.
To sell the equipment strictly for reconditioning or repair, i.e. to
a person or company who has the technical ability to carry out
said reconditioning or repairs.
To sell the equipment without restrictions on who is purchasing
the equipment/machinery.*
*Please refer to Procurement and Supplies for more information on liability
issues
Desired method of sale - offers from interested parties/Auction (please select)
Estimated value/reserve price for equipment
individually/attach if multiple items to be sold)
to
be
sold
(breakdown
£…………………………………………………………………………………………
I have attached our Specification/Information** and any Appendices to be issued
with this Tender and these have been approved by
……………………………………………..……………………………………………
(name and position) within our Service.
** information required is as follows:




Full description of the item(s) including age, condition, model (if applicable) etc.
Reserve price for the equipment (if applicable)
A contact name from the Service for any interested parties to get in touch with
A list of any potential interested parties, i.e. companies who would be interested
in purchasing the equipment. (If unknown, advertisements could be
placed/circulars to attempt to generate interest)
Client(s) to consider and sign
I have considered (in consultation with Procurement and Supplies as necessary) all
liability issues relating to this Sale and its evaluation process.
Signature …………………………………………
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Date ………………………