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Contract Procedure Rules

Contents

Background

These Contract Procedure Rules (Rules) set out the rules that apply to all Officers, Members and Agents acting on behalf of the Council, involved in procurement and contract management for and on behalf of the Council and are established in compliance with S135 of the Local Government Act (1972) and S1-29 of Local Government Act (1999). The Rules must be read in conjunction with relevant laws, regulations and policies/procedures including the Council’s Financial Procedure Rules, the Officer Scheme of Delegation, English law and Supplementary Procurement Guidance.

The Rules apply to contracts or agreements with external organisations where the Council pays for:

  • Goods and/or services
  • Works of any kind
  • Hire, rental or lease of equipment, material and/or plant.

All Officers involved in procurement and contract management activities as well as making procurement and contract management decisions must be fully aware of and comply with the Rules as they form part of the Council’s Constitution.

All procurement activities and contracts must seek to realise value for money, which means optimising the use of public funds by balancing effectiveness, efficiency and economy over the life cycle of a product, service or works to achieve the intended outcomes of the procurement. This includes non-financial factors such as wider socio-economic or environmental benefits and impacts.

The Rules seek to protect the Council’s reputation by minimising the risk of allegations of corruption, dishonesty, and failure to meet legal obligations. As these Rules are required by law, failure to comply with them could lead to disciplinary action. If in doubt and / or if advice on compliance with legislative requirements is required, this may be obtained from the Procurement* (Bassetlaw Procurement Team for activities under £50,000, and Welland Procurement for activities over this value) and Legal teams.

The Supplementary Procurement Guidance will provide further operational guidance to support any procurement activity and the correct application of these rules. 

Should a conflict be found between these Rules, the law and any Supplementary Procurement Guidance, the order of precedence shall be the law, the Rules and then the Guidance.

In order to apply these Rules, it is necessary to estimate the value of the contract. Further guidance is available in the Supplementary Procurement Guidance but in summary, the estimate must include all proposed expenditure under the contract over its maximum term including any extension periods. All thresholds referred to in these Rules are exclusive of VAT (unless otherwise specified). Where the estimated value cannot be determined, the procurement must be managed as though it was over the relevant UK Procurement Threshold (set out in the Procurement Policy Note 11/23 as of February 2025). Requirements should not be split to avoid thresholds in these Rules.

The Monitoring Officer in consultation with the Section 151 Officer have delegated powers to make incidental amendments from time to time to these Rules where changes comply with changes in legislation or changes to job titles/roles.

Members have a key role in providing oversight to the Rules set out below, in making key decisions on major projects considering the recommendations of Officers. Full details of the role that Members play in procurement activity can be found in the LGA’s A Councillor’s Guide to Procurement, 2019 edition (local.gov.uk).

In the case of a breach to these Rules, the Responsible Officer must make an immediate report to the Section 151 Officer detailing the nature of the breach and any management action taken to address the issues arising from the breach. The Section 151 Officer will maintain a record of all such breaches which will be reported to the relevant Committee periodically.

Governing Legislation

With effect from 24 February 2025, the Council’s procurement activities will be regulated by the Procurement Act 2023 and the Procurement Regulations 2024 and where applicable (for certain health services) the Provider Selection Regime.

There is also a wider legislative framework that may be appropriate including the Social Value Act 2012, Transparency Code 2015, Bribery Act 2010 which Officers must have regard to.

Where a procurement was started under the Public Contract Regulations (2015), governance for that procurement or contract continues to be those Regulations rather than the Procurement Act (2023). In the case of procurement activities/contracts started under the Public Contract Regulations (2015) they are governed by those Regulations until either:

  • The end of the contract in question.
  • For a framework / Dynamic Purchasing System (DPS), the end of the last call off contract.

Objectives

The Procurement Act (2023) sets out a series of objectives which procurement activities must have regard to, they are:

  • Delivering value for money
  • Maximising public benefit
  • Sharing information for the purposes of allowing suppliers and others to understand the Council’s policies and decisions.
  • Acting, and being seen to act, with integrity.

Procurement activities must also have regard to the National Procurement Policy Statement which sets out national priorities for procurement.

It is important that procurement activities support the delivery of the Council’s ambitions.

Exempted Contracts

Procurement activities or contracts for the areas listed below are exempt from the application of these Rules.

When procuring as part of a joint procurement where another Contracting Authority is acting as the procurement lead. The Responsible Officer must satisfy themselves that the procurement complies with all applicable laws. The Lead Authority’s Rules will take precedence.

Any contract between the Council and an entity controlled by the Council where more than 80% of the activities are carried out on behalf of the Council.

Any contract between the Council and another Contracting Authority where the contract has the aim of achieving public function related objectives and is solely in the public interest and where no more than 20% of the activities are intended to be carried out for other reasons.

The acquisition of land or buildings.

The acquisition, development, production or co-production of material intended for broadcast and a contract for the broadcast to the public of material.

A contract to facilitate the provision of an electronic communications service or network.

A contract for the provision of arbitration, mediation or conciliation services.

A contract for any of the certain exempt legal services (including those relating to judicial or other dispute resolution proceedings).

A contract for the lending of money or for carrying out of investment services by an investment firm or a qualifying credit institution.

A contract of employment and other contracts with individuals appointed to a public office.

Services relating to the promotion of fire safety.

A contract for the provision of research and development services where the services are intended to be for the benefit of the public and the contract does not also include for the provision of goods or works or production of tools or industrial processes for manufacture.

Expenditure incurred directly as a result of an insurer led arrangement.

Membership/Subscriptions (not applicable to software licensing) where the Council makes an arrangement to receive goods or services regularly by paying in advance and competition is absent for technical reasons.

Any award of grants of money, but such awards must be made in accordance with the Council’s Financial Procedure Rules and wider Constitution.

Responsibilities

The Responsible Officer will be the officer named in the Procurement Plan or by the relevant Head of Service / Director, or in the absence of the above, the officer responsible for that budget subject to the adequate delegated authority. Supporting information about the role of the Responsible Officer may be found in the Supplementary Procurement Guidance. The key responsibilities are outlined below:

Ensuring they fully understand and comply with all aspects of the Rules, failure to do so may result in disciplinary action or removal of access to the eProcurement system.

Ensuring sufficient budget / funding will be available to commence procurement and award the contract.

Considering whether a suitable corporate contract or other publicly available contract/framework agreement is available and appropriate before seeking to procure another contract.

Ensuring they have the correct authorisation to procure and award the contract before progressing.

Providing information requested by the Procurement Team* for the publishing of contracts valued £5,000 or over (including VAT) to the Council’s Contract Register to ensure compliance with the Local Government Transparency Requirements.

Ensuring that the contracts for which they are responsible are effectively managed and monitored to ensure they deliver the requirement as intended and to address any performance issues as soon as possible.

Keeping a record of decisions made in connection with the procurement, this should include minutes from any meetings held.

Considering whether the procurement constitutes a key decision. If so, they must ensure they have authorisation to spend from the relevant committee before commencing the procurement. Advice must be sought from Democratic Services if there is any uncertainty.

Ensuring that a copy of the signed or sealed contract is forwarded to the Procurement Team*.

Providing information requested by the Procurement Team* for the publishing of relevant contract and transparency notices.

Responsible Officers must not under any circumstances, sign any contracts without written authority from the Monitoring Officer.

Responsible Officers are reminded that they must, at all times, act in accordance with Council policies, including the Code of Conduct, which are enforceable through disciplinary procedures.

The role of the Corporate Management Team:

  • To ensure compliance with these Rules at all times.
  • To promote the delivery of value for money in all procurement activity.
  • To ensure all Responsible Officers are clearly identified and notify the Procurement* and Legal teams of any changes.
  • To report non-compliance to the Procurement* and Legal teams.

The role of Procurement* and Legal teams:

  • To ensure all Responsible Officers have access to relevant training and guidance.
  • To facilitate the planning and procurement process for contracts valued £50,000 or over.
  • To report non-compliance to the Council’s Audit and Governance Committee.

Conflicts of Interest

Responsible Officers must take all reasonable steps to identify and keep under review any conflicts of interest or potential conflicts of interest.

Any person who influences a decision must be included in the conflict-of-interest review.

Responsible Officers must take all reasonable steps to ensure that a conflict of interest does not put a supplier at an unfair advantage or disadvantage. If the officer deems that the advantage or disadvantage cannot be avoided, they should contact the Procurement Team* before progressing further with the procurement. This obligation starts when the need for the procurement is first identified and continues until the termination of the contract.

Responsible Officers must prepare a conflicts assessment as part of the procurement planning process and, for contracts valued £50,000 or over, submit this to the Procurement Team* for review before the procurement is published. This should include details of all conflicts or potential conflicts of interest and any steps that the Council has taken or will take to mitigate that conflict of interest. This may include any steps taken to demonstrate that there is no conflict of interest where one might be perceived.

This conflicts assessment must be kept under review and revised as necessary during the procurement and contract term.

Any officer or Member who fails to declare a conflict of interest may be subject to disciplinary proceedings and risks being prosecuted under the Bribery Act 2010.

Officers and Members involved in a procurement will, at all times, act in a way that is consistent with their Code of Conduct.

Risk Management

Responsible Officers must prepare a robust risk assessment as part of the procurement planning process and, for contracts valued £50,000 or over, submit this to the Procurement Team* for review before the procurement is published. This should include details of anything that is deemed to be non-standard in the procurement and any steps that the Council has taken or will take to mitigate known or potential risks.

This risk assessment must be reviewed and updated regularly during the procurement process and through the contract term.

Where key risks are identified which may lead to a contract modification, those risks must be stated clearly in the tender notice and in relevant procurement documentation.

Market Engagement

Market engagement is permitted for the purposes of:

  • Developing the Council’s requirements and approach to the procurement
  • Designing a procedure, conditions of participation or award criteria
  • Preparing the tender notice and associated tender documents
  • Identifying suppliers that may be able to supply the requirement (understanding the market).
  • Identifying likely contractual terms
  • Building capacity amongst suppliers in relation to the contract.

Market engagement must not have the effect that suppliers participating are put at an unfair advantage or that competition is otherwise distorted. If an officer deems that a supplier has been put at an unfair advantage, they must contact the Procurement* and Legal teams before progressing further with the procurement.

For procurement activities being advertised publicly, a preliminary market engagement notice must be published on the government’s Central Digital Platform / Find a Tender Service if market engagement planned or undertaken prior to procurement commencing.

Concession (Income Generating Contracts)

The Responsible Officer must seek legal, financial and procurement advice for any contracts which will generate income for the Council, including to determine if the Procurement Act (2023) will apply.

Provider Selection Regime (PSR)

The PSR applies to relevant authorities commissioning or subcontracting services which satisfy the following three criteria:

  • is provided as part of the health service, whether NHS or public health;
  • consists of the provision of health care to individuals or groups of individuals;
  • falls within one or more of the specified CPV codes.

As a District Council the PSR is not expected to be relevant to Bassetlaw, however Responsible Officers should contact the Procurement Team* for advice if they consider their contract may be relevant.

Light Touch Contracts

Light Touch contracts cover certain social, health, education or other public services provided directly to individuals or groups of individuals and therefore warrant special treatment and greater flexibility. The threshold for Light Touch Contracts as of February 2025 is set out in the Procurement Policy Note 11/23. Procurement activities with a value below that threshold are subject to the remainder of these Rules.

Responsible Officers should contact the Procurement Team* for advice if they consider their contract may be a Light Touch Contract.

Using Frameworks

The Responsible Officer must ensure that there is no existing Council contract, framework, DPS or Dynamic Market available before undertaking an alternative procurement.

A contract of any value can be procured through a framework, if the proposed contract value is £50,000 or over, the Procurement Team* must be consulted before the procurement is started.

A framework is considered a compliant procurement route when:

  • It has been entered into by the Council in compliance with these Rules, or
  • Another contracting authority, purchasing consortium or central government has tendered the framework in compliance with national procurement law and the Council is named as a potential user of the arrangement.

Where frameworks offer a further competition process, this should be used rather than a Direct Award. Where a Responsible Officer wishes to use a Direct Award, they must first submit an exception request (waiver) for approval.

The Responsible Officer must carry out due diligence checks at contract award to evidence fulfilment of any conditions of participation and that there are no grounds for exclusion.

Approval to procure and award must be sought in compliance with the Authority and Approvals Matrix at Appendix 1.

The contract must be signed or sealed in accordance with the Authority and Approvals Matrix at Appendix 1. If the contract is valued £30,000 or over (including VAT), a signed PDF copy must be made available to the Procurement Team*.

Where a contract is valued £30,000 or over (including VAT), a Contract Award Notice must be published on the Central Digital Platform.

If the procurement is valued over the relevant UK Procurement Threshold, assessment summaries must be produced and issued to all bidders and a standstill period of eight (8) working days must be observed. A Contract Details Notice must be published within thirty (30) days of the contract being entered into.

Where the contract is valued £5m or over, a redacted copy of the contract must be published within ninety (90) days.

Where the Council is using an external framework and the total value of the contract is £5,000 or over (including VAT), they must provide information requested by the Procurement Team* for publishing to the Council’s Contract Register, to ensure compliance with the Local Government Transparency Requirements. This must be done before raising a PO.

Using Dynamic Markets

The Responsible Officer must ensure that there is no existing Council contract, framework, DPS or Dynamic Market available before undertaking an alternative procurement.

Only procurement activities valued over the relevant UK Procurement Threshold may be procured via a Dynamic Market.

A Dynamic Market is considered a compliant procurement route when:

  • It has been entered into by the Council in compliance with these Rules, or
  • Another contracting authority, purchasing consortium or central government has tendered the Dynamic Market in compliance with national procurement law and the Council is named as a potential user of the arrangement.

Dynamic Markets may only be used via a Competitive Flexible Procedure, for the avoidance of doubt there is no possibility of making a Direct Award from a Dynamic Market.

Responsible Officers should seek advice and support from the Procurement Team* whenever they wish to either establish or use a Dynamic Market.

Approval to procure and award must be sought in compliance with the Authority and Approvals Matrix at Appendix 1.

All contracts must be signed or sealed in accordance with the Councils scheme of delegation in Part 4 of the Constitution. Contracts with a total value exceeding £50,000 must have the Common Seal of the Council affixed. A signed copy of all completed contracts must be made available to the Procurement Team.

Existing Dynamic Purchasing Systems, established under Public Contract Regulations (2015) may still be used providing they remain operational. Contracts procured via existing Dynamic Purchasing Systems must be managed in accordance with Public Contract Regulations (2015).

Where the Council is using an external Dynamic Market, the Responsible Officer must provide information requested by the Procurement Team* for publishing to the Council’s Contract Register to ensure compliance with the Local Government Transparency Requirements. This must be done before raising a PO.

Procurement activities with a Value under £10,000

Obtaining value for money is the primary objective of all procurement activities, however multiple quotations at this value are not essential.

The Responsible Officer must first ensure sufficient budget / funding will be available to commence procurement and award the contract.

The Responsible Officer must ensure there is no existing Council contract, framework or Dynamic Market before commencing procurement.

The Responsible Officer must raise a Purchase Order. The terms of this Purchase Order should suffice for a contract, unless the officer believes the complexity of the requirement requires more bespoke terms to be obtained from the Legal Team. The Purchase Order must clearly state what the Council requires from the supplier.

Procurement activities with a Value of £10,000 or over

The Responsible Officer must first ensure sufficient budget / funding will be available to commence procurement and award the contract.

The Responsible Officer must first ensure there is no existing Council contract, framework, Dynamic Market or Dynamic Purchasing System before procuring the requirement.

Approval to procure and award must be sought in compliance with the Authority and Approvals Matrix at Appendix 1.

For procurement activities with an estimated value under £50,000, the Responsible Officer must seek a minimum of three (3) comparable written quotations, wherever possible at least one (1) of the quotations must be from an SME or local supplier.

The Responsible Officer must use the template Request for Quotation Documents available on the procurement pages of the intranet unless otherwise agreed by the Procurement Team*.

In any case, quotations may be submitted in written or electronic format (e.g. email) and must include the following information as a minimum:

Details of the goods, services or works to be supplied

Where and when delivery is to take place;

The total value of the contract; and

The terms and conditions to apply including the price and payment terms.

Where advertising a procurement opportunity or tender, a tender notice must be published on the Central Digital Platform as a means of inviting quotations or bids (along with relevant documents). The Responsible Officer must notify the Procurement Team* when they are planning to advertise an opportunity and provide any relevant details.

For procurement activities with an estimated value of £50,000 or over, the Procurement Team must be consulted prior to commencement and notified at the earliest opportunity in order to update the Procurement Plan.

The Procurement Team* will provide advice to the Responsible Officer as to the most appropriate procurement process to use.

Where preliminary market engagement is used to inform the procurement process, a preliminary market engagement notice must be published on the Central Digital Platform.

Except where a Framework is being used, an open tender process must be followed; for the avoidance of doubt it is not possible to restrict the submission of tenders by reference to an assessment of suppliers’ suitability to perform the contract.

All relevant procurement documentation, including evaluation criteria, will be developed by the Responsible Officer in consultation with the Procurement Team*.

The Council has a duty to have regard to the fact that SMEs may face particular barriers in competing for a contract and consider whether such barriers can be removed or reduced, before commencing the procurement.

The Responsible Officer should consider the inclusion of social value criteria in the evaluation methodology in discussion with the Procurement Team*.

Tender Evaluation

Tenders received after the fixed closing date and time or tenders which are not submitted in accordance with these Rules and any criteria set out in the procurement documentation will be disqualified unless otherwise agreed by the Monitoring Officer.

If there is an obvious ambiguity or error in the tender and that ambiguity or error appears to have a simple explanation, bidders may be invited to correct their tender. Advice should be sought from the Procurement Team* before further action is taken.

Bidders may seek clarifications throughout the procurement process, such clarification requests must be recorded in writing and where the response may be of value to potential bidders, the anonymised response must be circulated to all those potential bidders. Under no circumstances can clarification processes be used as an opportunity to conduct negotiations.

Evaluation must be conducted in accordance with the published criteria and where the contract is valued at £50,000 or over must involve individual evaluation followed by moderation to reach an agreed tender score.

The Procurement Act 2023 places an obligation on the Council to notify a bidder if it considers a price to be abnormally low and give the bidder reasonable opportunity to demonstrate that it will be able to perform the contract for the price offered. If the bidder is unable to demonstrate that, its tender may be disregarded, advice should be sought from the Procurement* and Legal Teams before taking this action.

The bidder with the highest evaluation score will normally be awarded the contract, if this is not the case further advice must be sought from the Procurement* and Legal Team.

Relevant documentation from the procurement process, particularly the quotations or tenders received, evaluation process, communications with bidders and the signed contract must be retained by the Responsible Officer in compliance with the Council’s Retention Policy.

Contract Award

Any contract award must be approved in accordance with the Authority and Approvals Matrix available in Appendix 1.

All bidders must be notified of the award decision simultaneously using the templates / assessment summaries provided by the Procurement Team*. If an unsuccessful bidder makes a written request to the Council for a further debrief, the Responsible Officer must provide appropriate feedback as soon as practically possible (ideally within fifteen (15) calendar days) of receipt of the written request. The confidentiality of the quotes received and the identity of other bidders must be preserved at all times and information about one bidder’s response must not be disclosed to other bidders. The Responsible Officer should not provide verbal feedback to an unsuccessful bidder.

For contracts valued £30,000 or over (including VAT), a contract award notice must be published on the Central Digital Platform as soon as reasonably practical after contract award. The publication of the Contract Award Notice starts the mandatory eight (8) working days standstill period. If, during the standstill period, a challenge or request for feedback is received from an unsuccessful bidder, the standstill period must be paused until the matter is successfully resolved. No contract award can take place in the intervening period. The officer in receipt of this communication must contact the Procurement Team* for advice before any response is made.

Contracts must be signed or sealed in accordance paragraph 13.7. The contract must be signed by both parties before contract delivery starts. The use of an e-signing tool is acceptable unless the contract requires sealing. Responsible Officers must ensure that a copy of the signed contract is made available to the Procurement Team*. For advice on whether a formal contract is required, the Responsible Officer should seek advice from the Legal Team.

Where a bond or guarantee is required to ensure satisfactory contract performance and/or to protect the Council, the requirement must be notified to bidders in the procurement documentation and must be in place as soon as practically possible (ideally no later than four (4) weeks) after contract signature.

The Responsible Officer should consult with the relevant Head of Service / Director and Legal Team whether such a bond or guarantee is required where:

  • The total value of the contract is £250,000 or over; or
  • It is proposed to make stage or other payments in advance of receiving the whole of the subject of the contract; or
  • There is concern about the stability of the supplier no matter what the value.

The Council must never give a bond or guarantee.

  • The Responsible Officer must provide information requested by the Procurement Team* for publishing to the Council’s Contract Register to ensure compliance with the Local Transparency Requirements. This must be done before raising a PO.
  • The Responsible Officer must raise a purchase order and ensure the Council’s standard terms and conditions (located on the procurement pages of the intranet) are used unless the Responsible Officer believes that the complexity of the procurement requires the amendment of those terms by the Legal Team. The Purchase Order must include the information provided by the supplier as detailed above.
  • A Contract Details Notice must be published within thirty (30) days of the contract being entered into. Where the value of the contract is £5m or over, a redacted copy of the contract must be published within ninety (90) days of the contract being entered into, and the Notice must contain details of the KPIs (at least three (3)) that will be used to monitor the contract.

The Officer named in the Contract Register will act as the Contract Manager and will be responsible for ensuring the obligations of these Rules and any relevant legislation are fulfilled. Further guidance is available in the Supplementary Procurement Guidance and the Contract Management Toolkit.

Contract Modifications

If the value of the contract is £5m or over a redacted copy of the modified contract must be published via an updated Contract Details Notice on the Central Digital Platform.

Contract Performance

The Contract Manager must monitor the overall performance of the contract in line with the specification, agreed service levels and contract terms.

If the value of the contract is £5m or over, at least once every twelve (12) months during the term of the contract and on termination of the contract, the Contract Manager must assess performance using the standard rating system against the published KPIs and publish a Contract Performance Notice on the Central Digital Platform.

If the supplier has breached the contract and the breach results in:

  • Termination (or partial termination of the contract),
  • The award of damages, or
  • A settlement agreement between the supplier and the Council

A Contract Performance Notice must be published within thirty (30) days of the relevant breach on the Central Digital Platform.

Whether a contract expires or is terminated, the Contract Manager must publish a Contract Termination notice within thirty (30) days of that expiry/termination.

Exceptions to these rules

These Rules apply to every procurement carried out by or on behalf of the Council, except for those listed in below.

Exceptions will only be valid via completion and approval of an exception request (waiver) prior to the contract start date.

Retrospective waivers are only permitted where it has been necessary to act urgently because of an unforeseen emergency which involves immediate risk of injury or damage or to prevent serious disruption to services. In any case, waivers should be sought as early as possible to ensure that there is time to process the waiver and take alternative action should it be rejected.

Should a waiver valued over the Council’s Key Decision Threshold or relevant UK procurement threshold be required, legal advice as to the applicability of section 41 of the Procurement Act (2023). Cabinet approval will be required for these above threshold exceptions.

In instances where a repeat waiver is requested, the value will be determined by the cumulative value including any previous exceptions and the appropriate rule applied. Repeat waivers or contract modifications are only permitted where the cumulative value of amendments does not exceed the relevant threshold.

Where the total value of the ensuing contract is £5,000 or over (including VAT), it must be added to the Council’s Contract Register to ensure compliance with the Local Government Transparency Requirements.

Where the total value of the ensuing contract is £30,000 or over (including VAT), a Contract Details notice must be published on the Central Digital Platform.

Valid exceptions are (please note the full waiver description, only waivers valid with the entire description can be approved):

Genuine emergencies: critical preventative or remedial work where there is a real and imminent risk to the life and/or safety of people or property arising from hitherto unforeseen ‘catastrophic’ events or incidents. For example, flood, fire or pandemic.

Value for money: for proprietary or patented goods or services; or where the requirement is of such a specialist nature that it can genuinely only be fulfilled by one supplier; or the compatibility with existing goods or services is required and/or where those existing goods or services can only be sourced from the same supplier.

Urgent situations not of the Council’s own making: the urgency must have been reasonably unforeseeable (e.g. an existing supplier going out of business) and genuinely be a case of time is of the essence. Urgency arising from the Council’s own making (e.g. lack of planning) shall not justify an exception. Where this exception is used, a compliant procurement process must be implemented as soon as possible.

Process delays: where an existing contract is being re-procured and there are delays to that procurement process which means that the new contract cannot start at the expiry of the existing contract, an exception may be requested to extend the current contract to cover the gap. The delays must have been reasonably unforeseeable (e.g. extensions required to standstill) and the exception may be for no longer than six (6) months. Where the contract is valued over the UK Procurement Threshold, the extension may not be valued more than 10% of the estimated contract value.

Grant allocations: where the Council has been allocated a grant and there has been no time to procure the supplier during the grant application process or because the grant conditions required spend of the grant in too short a time period. Evidence of the grant application process will be required in the exception application. If the spend of the grant is not required within a twelve (12) month period, the exception may not be used.

Prototypes and development: the contract involves the production of a prototype or other novel goods or services for testing the suitability or researching the viability of producing or supplying the goods or services at scale and developing them for that purpose or for other research, experiment, study or development (prototypes and development).

Single supplier: where the goods, services or works can only be supplied by a particular supplier i.e. where competition is absent for technical reasons or due to the supplier having intellectual property or other exclusive rights and only a particular supplier can supply the goods, services or works and there is no reasonable alternative. It can also be used where the contract is for the creation or acquisition of a unique work of art or artistic performance.

Direct award can also be used for additional or repeat goods, services or works from the same supplier where the original contract was awarded under a competitive tendering procedure. The original contract must have been competitively tendered within the last five (5) years AND the intention to rely on a direct award for subsequent procurement activities must have been set out in the tender notice and associated tender documents.

Commodities: where the contract concerns good purchased on the commodity market.

Advantageous terms on insolvency: where awarding a contract to a particular supplier will ensure particularly advantageous terms due to the supplier undergoing insolvency proceedings.

Exceptions for Care Placements

As a District Council the exceptions for Care Placements are not expected to be relevant to Bassetlaw, however Responsible Officers should contact the Procurement Team* for advice if they consider their contract may be relevant.

Appendix 1

Authority and Approvals - Approval Matrix. 

Activity Below £10,000 £10,000 - £49,000 £50,000 - £249,000* £250,000* or over
Authority to proceed with procurement Relevant budget / service manager Relevant budget / service manager  Additional approval from relevant Head of Service / Director, or Chief Executive Additional approvals from Monitoring Officer and Section 151 Officer
Approval to award** contract Relevant budget / service manager Relevant budget / service manager Additional approval from relevant Head of Service / Director, or Chief Executive Additional approvals from Monitoring Officer and Section 151 Officer
Approval of purchase orders Relevant budget / service manager Relevant budget / service manager Additional approval from relevant Head of Service Additional approvals from relevant Director
Approval of waivers N/A Relevant Head of Service / Director, Section 151 Officer and Monitoring Officer Additional approval from relevant Portfolio Holder Additional approval from Cabinet (except for urgent works which should be reported retrospectively)

* Or relevant Public Procurement Threshold, if less than £250,000

** Officers must not under any circumstances, sign any contracts without written authority from the Monitoring Officer.

Last Updated on Friday, March 14, 2025