Rules and Regulations
As a local authority, there are regulations at a European,
national and local level which the Council has to follow when
procuring goods, services and works.
EUROPEAN RULES - All public sector contracts
within the European Union are covered by a treaty which
incorporates the free movement of goods and services and which
prevents discrimination against firms on the grounds of
nationality.
Contracts over European
ProcurementThresholds
- Will be subject to procurement processes as
specified by European Procurement legislation including
advertisement across Europe via OJEU and conducted within specified
timescales.
The principles of the treaty are backed up by a series of EC
Procurement Directives:-
·
Public Supplies Directive 1993 - 93/36/EEC
·
Public Services Directive 1992 - 92/50/EEC
·
Public Works Directive 1993 - 93/37/EEC
·
Amending Directive 1997 - 97/52/EC (amends the three directives
above)
These directives are included in UK law
as a number of regulations:
·
The Public Works Contracts Regulations 1991 S.I. No. 2680
·
The Public Supply Contracts Regulations 1995 S.I. No. 201
·
The Public Services Contracts Regulations 1993 S.I. No. 3228
The OJEU notice board and website is located
at www.ted.europa.eu
The directives and regulations require
the Council to follow detailed procedures for all procurements
above financial thresholds. To view the most recent threshold
levels which require the full application of European
Tendering please visit www.bipsolutions.com/html/thresholds.htm#pc06
Further information about the EC Procurement Directives can be
viewed at www.simap.eu.int
The Council must follow some basic principles:-
1. NATIONAL RULES - The
Council has a duty under Best Value legislation (introduced in
April 2000) as laid down by Part 1 of the Local Government Act 1999
to fundamentally review its services and make arrangements to
ensure continuous improvement having regard to economy, efficiency
and effectiveness.
The Council recognises that effective procurement is at the
heart of Best Value and that the Best Value review process will
help deliver its commitment to provide the best possible services
for the people of Maidstone.
The Council must also have regard to Part II of the Local
Government Act 1988 which prohibits “non commercial considerations”
being taken into account when awarding contracts.
2. LOCAL RULES -
Procurement activities must also comply with the Constitution of
the Council.
Contracts below
£3,000- Whilst it is not compulsory
to obtain quotations for purchases below £3,000 it is necessary to
ensure value for money is obtained by periodically testing the
market.
Contracts between £3,000 and
£25,000- Will be subject to
competitive quotations being obtained from at least three
contractors, or if this is not possible from all capable
contractors.
Contracts between
£25,000and below European
ProcurementThresholds– Shall
require a minimum of five contractors to be invited to submit a
tender and will require at least 14 days public notice (prior to
the last date for the receipt of tenders) in one or more
professional journals or local newspaper and placed on the
Council’s website and any other relevant websites.
Approved lists-
MaidstoneBorough Council does not maintain
approved lists of contractors or suppliers.
How to do business with Maidstone Borough Council
Apply to tender advertisements for forthcoming contracts
The Council’s advertisement will state
what is required from a potential tenderer and invite firms to
apply for consideration under one of the following three
procedures.
Open Procedure
- All firms responding to the advert are sent tender
documentation which may include questionnaires and forms.
If applications are invited under an
open tendering process, all documents will be sent together to all
applicants. The tender documents contain details of the Council’s
requirements and specification as well as information on what to do
if you have a question relating to the tender.
Restricted Procedure
– Any firms responding to the advert are required to
complete an application form including a questionnaire to
assess their suitability to tender for the contract. A
shortlist is drawn up of the firms best able to meet the criteria,
and these firms are sent the invitation to tender
documentation.
Negotiated Procedure
– This procedure is only used in exceptional
circumstances, such as where the nature
of the service/supplies is such that the specification cannot be
established in advance. This procedure is still considered to be
restricted tendering but the Council will produce a specification
in negotiation with each applicant.
The Pre-Qualification and / or Tender
Documentation
The application form will be split into
a number of sections which may include:-
Company Information
- You are asked basic information about your
firm.
Financial Information
- The Council will always require a financial
reference from your bankers, information to check any registration
for tax and evidence that you comply with the Council’s insurance
requirements. You may also be required to submit fully audited
accounts as registered with Companies House.
Equal Opportunities
Information – The Council will require you to
complete a questionnaire to enable the assessment of your firm’s
compliance with the Equalities Act 2006.
Health and Safety
- The Council will require you to complete a Health
and Safety questionnaire and in addition provide a copy of your
Health and Safety Policy. This information is used to assess your
competence to carry out work safely.
Sustainability
- You may be asked to respond to questions about how
you include sustainability issues such as the protection and
enhancement of the environment in your work and business management
practices.
Technical -
You will be asked to show that you have the relevant experience and
technical ability to carry out the contract. This information will
include details of a minimum of three referees for whom you have
worked during the past three years. We will also normally ask
further questions tailored to match the needs of the individual
contract, and your responses and supporting evidence will be used
to assess whether you have the required level of skills and
abilities to tender in relation to other interested firms,
competing for the business.