Rules and Regulations

Rules and Regulations

To become a registered supplier, you will need to register your business details on the BuyWiltshire website.  Click on this link for futher information.

European Rules

All public sector contracts, regardless of value, within the European Union are covered by a treaty that incorporates free movement of goods and services, preventing discrimination against companies on the grounds of nationality. The principles of the treaty are backed up by a series of EC Procurement Directives (please see the Europa website (http://europa.eu.int/
comm/internal_market/
publicprocurement/legislation_en.htm)).

These directives are included in UK law as a number of regulations:

• Public Supply Contracts Regulations 1995 S.I. No. 201
• Public Services Contracts Regulations 1993 S.I. No. 3228
• Public Works Contracts Regulations 1991 S.I. No. 2680

The directives and regulations require Councils to follow detailed procedures for all procurements above the financial thresholds.

Thresholds are reviewed every two years. For the period 1 January 2006 to 31 December 2007 the thresholds are set at:

• Goods and services - £144,459.00 with the exception of Part B (residual services) which are set at £136,844.00
• Works contracts - £3,611,474.00, with subsidised works contracts under Regulation 23 of the Public Works Regulations 1991 and Works Conessions being set at £3,421,105.00

Tenders must be invited in accordance with one of the prescribed procedures(open, restricted, negotiated), each of which imposes minimum timescales covering the tender activities and ensures that reasonable time is provided for response to advertisements and preparation of submissions.

Further information about the EC Procurement Directives can be viewed on the SIMAP website (www.simap.eu.int).

National Rules

The Council has a duty under Best Value legislation (April 2000) as laid down by Part 1 of the Local Government Act 1999 fundamentally to review its services and make arrangements to ensure continuous improvement, re: economy, efficiency and effectiveness. Performance indicators and targets are published in the Council’s annual Best Value Performance Plan.

Further information about Best Value can be viewed on the Office of the Deputy Prime Minister website (www.communities.gov.uk/)

The Council must also take into account Part 2 of the Local Government Act 1998 that prohibits non-commercial considerations being taken into account when awarding contracts.

Local Rules

All procurement activities must comply with the Constitution of the Council:

• Contracts under £100 – one verbal quotation
• Contracts below £5,000 – one written quotation
• Contracts between £5,000 and £10,000 – three competitive quotations required. If unable to secure three quotations all capable suppliers to submit written quotations.
• Contracts between £100,000 and £150,000 – four competitive quotations required. If unable to secure four quotations all capable suppliers to submit written quotations. Quotation evaluated against specification and contract awarded with the Borough Solicitor’s/Director’s approval. Contract must be sealed.
• Contracts over £150,000 up to the OJEU limit – must be purchased in line with EC procurement Directives. Further information about the EC Procurement Directives can be viewed on the SIMAP website (www.simap.eu.int).

In all instances consideration will be given to fair competition and operational efficiency.

• Approved suppliers – where a register of contractors is maintained, tenders may be invited from names on the list. Contractors will be selected on a rotational basis and the company that was successful for the previous job may also be considered.
• Tender lists – tenders can be restricted and invited from some or all respondents to an advertisement providing they comply with the selection criteria
• Official orders – are issued for most goods/services that are supplied to the Council in conjunction with the Standing Orders