3. General Principles Applying to All Contracts

3.1

There should be written evidence of all purchases.

 

3.2

Standard contract clauses should be used in all contracts of a value of £10,000 or more. The standard contract clauses are issued by Legal Services and can be found on the intranet.

 

3.3

As a minimum, all contracts of a value of £10,000 or more shall include clauses which set out:

 

3.3.1 The works, supplies (goods), services, material, matters or things to be carried out or supplied
3.3.2 The time within which the contract is to be performed
3.3.3 Quality requirements and/or standards which must be met
3.3.4 Requirements on the contractor to hold and maintain appropriate insurance
3.3.5 What happens in the event that the contractor fails to comply with its contractual obligations (in whole or in part)
3.3.6  Requirements on the contractor to comply with all relevant equalities and health and safety legislation
3.3.7

 That the Council shall be entitled to cancel the contract and recover losses in the event that the contractor does anything improper to influence the Council to give the contractor any contract or commits an offence under the Prevention of Corruption Acts 1889 to 1916 or s117(2) Local Government Act 1972.

 

3.4

Written contracts shall not include non commercial terms unless these are necessary to achieve best value for the Council.  In this context, “non commercial” means requirements unrelated to the actual performance of the contract.

 

3.5

All contracts shall include relevant specifications and/or briefs/technical requirements which are prepared taking into account the need for effectiveness of delivery, quality, sustainability and efficiency (as appropriate) and the information set out in the Council’s Purchasing Guide.

 

3.6

All contracts of a value of £10,000 or more or which involve a substantial risk to the Council must be subject to a written risk assessment, which should be kept on the contract file held with the responsible officer.

 

Next page: Regulatory context

 

Previous page: General Principles – Application and Compliance with Contract Standing Orders