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For contracts over the relevant EU Threshold (in force at the time), the choice of purchasing procedure to be used and the decision to proceed to advertisement must be authorised in writing by the relevant Service Manager in consultation with the Corporate and Regulatory Services Manager in advance.
When a decision is made to award a contract then the Responsible Officer must, in addition to complying with his/her general obligations under these Contract Standing Orders ensure, in particular, that:
8.2.1 the appropriate approvals have been obtained to authorise that decision; and
8.2.2 where appropriate, a standstill period complying with the EU Rules is incorporated into the final award process.
Any contracts valued at £75,000 or above shall be executed as a deed under the Council’s common seal. Officers with appropriate delegated authority may sign all other contracts. £10,000 shall be the threshold for the purposes of Regulation 8 of the Local Authority (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001.
Electronic signatures may be used in accordance with the Electronic Signature Regulations 2002 provided the sufficiency of the security arrangements has been approved by the Director of East Kent Services and Corporate and Regulatory Services Manager.
Where contracts are subject to the specific requirement under the EU Rules to advertise in the OJ, then Regulation 32 requires the Council to include a standstill period once it has decided on a successful contractor. The Council is required to write to all of the candidates and tenderers in the process notifying them of its decision and including specified information. The Council may enter into the contract with the successful contractor, only after a period of 10 days has passed and only then, if there has been no formal challenge of the Council’s award decision. The provisions of Regulation 32 are quite complex. Correspondence with the candidates and tenderers and timescales must comply with the Regulations. You MUST take advice from Legal Services on this point.
Where a local authority contract is at or above the threshold value of £10,000 but below £75,000, the contract must be signed by the Corporate and Regulatory Services Manager or other person authorised by him/her, unless any enactment otherwise authorises or requires, or the Council has given requisite authority to some other person.
These CSOs require that all contracts at or over the specified threshold value of £75,000 will be under seal. The affixing of the Common Seal will be attested by a Member of the Council and the Corporate and Regulatory Services Manager or some other person authorised by him/her.
Guidance on the Electronic Signature Regulations is available at www.dti.gov.uk
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Procurement
E-mail: contracts@thanet.gov.uk
Tel: 01843 577111