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Waverley Borough Council Committee System - Committee Document

Meeting of the Council held on 24/04/2007
Proposed changes to Financial Regulations from 1/4/07




ANNEXE 3

Proposed changes to Financial Regulations – From 1st April 2007

New Regulations

PARTNERSHIPS
Responsibilities Director of Finance
C801 To ensure that all service, contractual and financial partnerships have been the subject of a robust risk assessment prior to the Council committing to enter into the partnership, which has considered:
The responsibilities and commitment of the Council
Any financial obligations entered into
The governance arrangements
Any liabilities or insurance requirements

Responsibilities of chief officers
C802 Inform the Director of Finance and the Corporate Development Officer prior to committing the Council to any form of partnership
C803 Complete a risk assessment as described in C801
C804 Ensure that proper review and monitoring arrangements are in place
C805 Update Waverley’s central register of partnerships




ANNEXE 4

Proposed changes to Contract Procedure Rules – From 1st April 2007

A106 Where a quotation is sought, competitive prices may be received by the relevant chief officer either by fax, e-mail or in writing through the postal system. Where they are received by fax or e-mail The officer seeking them shall maintain a log showing:

A108 Where the contract value is estimated to be over threshold 2 and up to threshold 3, a minimum of three alternative quotations shall be sought in writing through the postal system in accordance with CPR J101. Where a tender is appropriate, CPR A107 and CPR J102 shall apply.

A109 Where the contract value is estimated to be over threshold 3 and up to threshold 4, a minimum of three tenders shall be sought in writing through the postal system in accordance with CPR J102.

F101 Before inviting tenders or quotations for contracts estimated to be over threshold 3 in value, or where a contractor has expressed an interest in being included in a standing list compiled under CPR H, an assessment should be made of a contractor’s
a) financial stability and resources
b) technical and other relevant references
c) insurances
d) business continuity plans
e) qualifications and experience
f) environmental, ethical and employment policies
g) previous experiences of dealings with the contractor H106 The relevant chief officer shall select the contractors to be invited to tender, taking account of an assessment of the contractors’:
a) financial stability and resources
b) technical and other relevant references
c) adequacy of insurances
d) business continuity plans
e) qualifications and experience
f) environmental, ethical and employment policies. H103 Expressions of interest shall be sought in writing through the postal system or by electronic means. L119 The relevant chief officer shall identify relevant Council policies, strategies and statements that are applicable to the contract, and shall ensure that an adequate and appropriate assessment of tenderers’ own policies and practices and/or readiness to comply with the Council’s is included in the assessment of tenders/quotations. This shall apply regardless of whether the best value solution or the lowest price is to be selected, and the assessment matrix prepared in accordance with CPR L102 shall include relevant criteria applicable to the assessment.

L120 Such assessment shall encompass as a minimum the following:
a) customer care
b) sustainability
c) equality and diversity
d) anti-fraud and corruption
e) health and safety

Q101 Contract Procedure Rules shall not apply in the following circumstances (N.B. this CPR should be read in conjunction with Q103):
a) extensions to the duration and/or value of an existing contract, provided that the extension is within the terms and conditions of the original contract, to a maximum of 3 years unless otherwise required by EC Directives, subject to
the provisions of CPR Q103, and
where the sum of the proposed extension and any previous extension(s) is more than 3 years, the approval of the Executive is required prior to the award of the proposed extension no contract may be extended more than once unless the approval of the Executive is obtained; S. POWER TO CANCEL A CONTRACT BECAUSE OF INDUCEMENT AND REWARD STANDARD CONTRACT CLAUSES ADDRESSING RELEVANT LEGISLATION

S102 Every written contract shall contain a clause that requires the contractor to work in partnership with the Council in combating fraud and corruption as applicable to the contract.

S103 Appropriate clauses shall be included in written contracts to ensure the contractor complies with Waverley’s policies, statements and practices as defined in accordance with CPR L120 throughout the period of the contract. V102 All payments made under a contract within threshold 4 and above in value shall be recorded in the contract payments register maintained by the Director of Finance. Where the contract value falls within threshold 3, but is not less than 40,000, the Director of Finance shall be consulted as to whether the contract shall be recorded in the contracts register. The relevant chief officer shall ensure that payment details are submitted for recording in the register prior to payment being made.
Comms/council/2006-07/052