Contract rules

Contents

1. Compliance with CPRs
2. Responsibilities
3. Decision making
4. What is a procurement and what are exempt arrangements?
5. Principles of public procurement
6. Estimating the contract value, aggregation and lots
7. Procurement pathways

• Step 1 - Check if there is an ISP
• Step 2 - Check for an existing contract or framework
• Step 3 - External procurement

8. Joint procurements
9. Informal quotes process (for low value procurements)
10. Competitive process under an approved framework
11. Formal tender process (everything £30,000 (inc VAT) and above)
12. Contract management
13. Contract extensions and variations
14. Termination of a contract
15. Record and document retention
16. Contract disputes and claims
17. Appendix

• Appendix 1 - Step-by-step guide low value procurements
• Appendix 2 - Step-by-step guide medium value procurements
• Appendix 3 - Step-by-step guide high value procurements
• Appendix 4 - Useful links referenced in CPRs
• Appendix 5 - Justifiable direct awards for medium value procurements and high value procurements

Introduction and responsibilities

The Council has a legal obligation to have written rules in place setting out procedures for how it enters into contracts. These contract Procedure Rules (CPRs) set out the key responsibilities and actions that Council staff must take in respect of procurement and contract management.

You are required to understand your responsibilities under these CPRs. Officers are personally responsible for compliance with these CPRs and should be aware that a failure to follow the CPRs may result in disciplinary action.

Failure to follow the CPRs can have serious consequences for the Council , such as legal challenge from aggrieved tenderers and suppliers, or the imposition of fines.

All procurements involve decision making, and the frequency and type of decisions will vary depending on the type and value of the procurement. It is important to understand your Directorate’s sub-delegation scheme before embarking on a procurement so that only officers with delegated authority are approving decisions.

1. Compliance with CPRs

These CPRs apply to all ‘procurements’ undertaken by the Council - the definition of what constitutes a ‘procurement’ is set out in Section 4.

In addition, the duties under these CPRs in relation to managing contracts apply to all contracts entered into by the council.

External spend of approximately £1bn makes up about a third of the Council total annual spend. Consequently, it is essential that every contract entered into by the Council complies with:

• the council’s constitution, including these CPRs and the Council Financial Regulations
• procurement legislation and PCRs (to the extent that they apply), and all relevant guidance and statutory provisions
• the Council values, strategic objectives, policies and guidance. This includes the Procurement Strategy and Social Value guidelines for Commissioners

Amongst other things, compliance with these CPRs will support staff to:

• comply with their duties as officers of the Council and meet legal requirements (such as the procurement legislation/PCRs)
• achieve the aims of the Procurement Strategy
• ensure that we are being open, honest and trusted in our relationships with suppliers and stakeholders in how we deliver procurement activity - demonstrating transparency, accountability and integrity
• meet the Council value of spending money wisely and obtain Best Value through our procurements

Appendix 4 contains links to all documents referred to in these CPRs, and links to other useful information.

2. Responsibilities

Chief Officer Financial Services and Procurement and Commercial Services (PACS)

The Chief Officer Financial Services (CFO) is responsible for reviewing and amending these CPRs. On behalf of the CFO, PACS will review these CPRs and the Council procurement processes annually in consultation with Directors and recommend any required amendments.

PACS is responsible for setting, supporting and monitoring the Council strategy, policies and procedures for procurement, purchasing, contract management and commercial activity.

At the beginning of each financial year, and then updated quarterly, PACS will publish a procurement pipeline notice on the central digital platform listing the contracts which the Council expects to procure over an 18 month rolling period. These will be contracts as defined within the scope of the procurement legislation with a value over £2m.

PACS will be responsible on behalf of the Council for all notices relating to the procurement process required to be published on the central digital platform and statistical returns such as payments compliance notices as required by the procurement legislation. PACS will maintain and publish a register of live contracts.

PACS will maintain a full range of procurement templates and toolkits, which are available to staff on InSite in the Procurement and Category management Toolkit.

PACS will provide support and advice on the application of the CPRs to all complex procurements. ‘Complex procurements’ are defined as any of:

• the contract is a high value contract
• where (irrespective of value) the specification is difficult to define or is complex or innovative, the procurement is high risk, the competition is restricted to a limited market, the contract will be based on unusual commercial models or where the procurement involves spend in a number of categories
• if TUPE may apply. PACS will issue details of procurements where TUPE may apply to Council employees or former Council employees to trade unions via the Corporate Joint Consultative Committee
• the procurement involves a dynamic market or the use of the competitive flexible procedure (as described in the procurement legislation)
• a direct award for a contract of £30,000 (inclusive of VAT) or above,
• where any procurement contains, or is likely to contain, any Integrated Digital Services component

PACS will provide support and advice in relation to the management of:

• all contracts with a tier rating of “Operational” or “Strategic” under the contract management framework (i.e. all contracts over £100,000)
• contracts with ongoing poor performance as indicated by contract management balanced scorecard reports

PACS will also provide ad hoc advice and support upon request.

Directors

Directors must be familiar with these CPRs, and are responsible for ensuring compliance by their service with these CPRs. Unless otherwise stated, Directors may use their sub-delegation scheme to authorise appropriately skilled and knowledgeable officers to act on their behalf.

Directors must ensure that staff acting on their behalf are registered on the Council’s electronic tendering system so they can undertake procurements in line with these CPRs.

Directors are responsible for ensuring that Social Value opportunities (including promoting opportunities for locally based suppliers) are considered in respect of any contract, regardless of value.

Directors are responsible for ensuring that all contracts in their service have a contract management Plan and are monitored and managed appropriately in accordance with CPRs (including maintaining contract records as required by these CPRs).

Directors must report all breaches of the CPRs to PACS, and shall ensure that PACS is provided with all information required to enable compliance with their duties, including those relating to publishing information, notices and statistical returns. This information should be emailed to PACS via ProcurementandFinance@leeds.gov.uk

Directors shall report any Council officers breaching or failing to follow the CPRs to Internal Audit and HR for investigation, and may result in them being subject to disciplinary action.

Procuring officers

A “Procuring officer” is an officer authorised by their Director to procure goods, works or services for the Council. Procuring officers must ensure that each procurement they undertake or contract they award complies with the requirements of the CPRs.

All procurement activity must be undertaken by suitably skilled and knowledgeable staff. Prior to undertaking any procurement activity you should consider seeking advice and assistance from PACS, and must consult PACS for all complex procurements.

Procuring officers must ensure that any proposed expenditure in relation to procurement is:

• contained within the service area’s 12 month anticipated spend plan;
• contained within an approved budget or a budget secured prior to the commencement of the procurement; and
• compliant with the Council’s Financial Regulations

Unless the goods, works or services you are engaging do not meet the definition of a procurement (see Section 4) then you must follow the appropriate procurement pathway set out in Section 7 of the CPRs. Steps 1 and 2 of the procurement pathway, regarding the consideration of an ISP or existing contract or approved framework, apply to all procurements regardless of value.

Procuring officers must have regard to the National Procurement Policy Statement and the barriers that small and medium-sized enterprises (SMEs) may face to participation in procurements, and consider whether such barriers can be removed or reduced. Procuring officers must ensure that Social Value opportunities (including promoting opportunities for locally based suppliers) are considered in respect of any contract, regardless of value.

External consultants

Procuring officers:

• must not use external consultants to support their procurement unless a decision not to use an ISP (for example PACS) has been taken in accordance with Step 1 of the procurement pathways. Procuring officers must explain why it is necessary to use consultants to manage a procurement and a copy of the decision to use consultants must be sent to PACS for monitoring purposes via ProcurementandFinance@leeds.gov.uk
• will ensure the consultants undertake the procurement in accordance with the CPRs and procurement legislation/PCRs, and that no conflict of interest arises
• the procuring officer remains responsible for the procurement. The consultants will not make any decision on whether to award a contract or to whom a contract should be awarded

Procuring officers must report all breaches of the CPRs to PACS and their Director, and shall ensure that PACS is provided with all information required to enable compliance with their duties, including those relating to publishing information, notices and statistical returns. This information should be emailed to PACS via ProcurementandFinance@leeds.gov.uk

Contract managers

A “Contract manager” is an officer authorised by their Director to manage one or more contracts for the Council. Contract managers must ensure that they manage each contract in compliance with the requirements of the CPRs and the contract management framework.

All contract management activity must be undertaken by suitably skilled and knowledgeable staff. Contract managers must have undertaken the appropriate level of training as set out in the contract management framework, being proportionate to the tier of contract that is managed.

If external consultants are used to support the management of a particular contract, the contract manager shall remain responsible for the contract and the consultant shall not make any decisions as to the operation of the contract.

Contract managers must report all breaches of the CPRs to PACS and their Director, and shall ensure that PACS is provided with all information required to enable compliance with their duties, including those relating to publishing information, notices and statistical returns. This information should be emailed to PACS via ProcurementandFinance@leeds.gov.uk.

3. Decision making

Procurements and contracts will always involve decisions at the start of the process (the decision to procure) and prior to a contract being entered into (the decision to award). Decisions will also be required throughout the contract lifecycle. Please see the Decision making page on InSite for further guidance, in particular the Category of decision flowchart and the Procurement decision making guide.

4. What is a procurement and what are exempt arrangements?

A procurement is the mechanism used to establish a contract and the term ‘procurement’ includes new, replacement, amended or extended contracts for the supply of goods, works or services.

Procurements include any of the following:

• circumstances where more than one provider is invited to tender
• circumstances where goods, works or services are procured through a negotiation with a single provider
• the award of concessions - the grant by the Council of the right to exploit something that the Council owns or controls. The Council will receive some form of benefit and the person who is granted the concession will exploit the opportunity at their own risk)
• framework agreements (including call-offs from approved frameworks) - arrangements with pre-approved suppliers often divided into ‘lots’ by product, service or location
• dynamic markets - lists of pre-qualified suppliers who are eligible to participate in future procurements

However, the following are not considered to be procurements and are “Exempt arrangements”:

Not considered a procurement	Definition
Use of an in-house service provider (ISP)	Using an in-house service provider (also known as an ISP or internal service provider) is not considered a procurement.
A joint or shared services arrangement with another public body (Horizontal Arrangement)	Provided that public contracts regulations do not apply, an arrangement with another public body (such as other local authority, or the NHS) is not considered a procurement.
An arrangement with a statutory body to provide a service that only the statutory body can provide	A statutory body is a government appointed organisation such as the police or HMRC. If entering a service arrangement with a statutory body the process is not considered a procurement.
A contract or other arrangement with a company that is controlled by the Council (vertical Arrangement)	If a contract is entered into with a company that is controlled by the Council (whether wholly or jointly with another public body), such as Leeds PipeCo Limited or NPS Leeds Limited, it is an exempt arrangement.
Grant funding arrangements	A genuine grant funding arrangement is not a procurement. However, officers should consider carefully whether a grant is in fact a procurement of works, goods, or services for the purpose of the CPRs, and whether the purpose that the grant is being provided for could be achieved through a procurement. Where a grant is being provided it must also be assessed against the provisions of the Subsidy Control Act 2022 or any legislation which amends, varies or replaces it and any guidance or supplemental legislation relating to it (Subsidy Control Act) to ensure that no unlawful subsidy is provided.
Employment contracts	Leeds City Council employee contracts. Note, consultants who are individuals but trade as their own businesses (known as “personal service companies”) must not be engaged through a contract to cover any temporary or permanent Council post.
Contracts relating to solely to land sales or purchases	If the Council purchases or sells land such arrangements are exempt arrangements.
Concessions for street traders and market stalls	Contracts for market stalls or street traders are exempt arrangements.
Financial services	Contracts for the lending of money in any currency to the Council, or provision of investment services are exempt arrangements.
Personal care contracts for care and support, such as residential or nursing care contracts	Where either the Council has a duty to provide such services or the recipient of care has a personal choice or is entitled to direct payment for care. Such contracts are exempt provided the relevant Director (or delegated officer) has determined and recorded through a written report and Delegated Decision Notice (DDN) that the exemption is in the Council’s interest or necessary to meet legislation and demonstrates best value.
Legal services contracts or arbitration	Contracts for legal services or arbitration are exempt provided they fall within the exemptions in the procurement legislation.
Goods for resale	Goods, or their components, which are purchased by the Council for resale from a Council retail outlet (such as the Atrium or the City Museum) are exempt arrangements. This is provided that the following conditions are met: they are sold for at least the sum paid for them any single order is less than £30k (inc VAT) each order is a “one-off” purchase and aggregation does not apply (see Section 6)

5. Principles of public procurement

Existing arrangements

You must always explore firstly using an ISP, then an existing contract or approved framework before looking at external options. This helps the Council to spend money wisely, make the most of the contracts we already have in place and ensures we are correctly engaging our contracted suppliers.

Competition

If you do need to undertake a procurement, access to fair competition within the marketplace is vital to achieving Best Value, enabling the Council to keep within budgets and better managing money and resources. By registering your procurement on the central digital platform via the Council’s e-tendering system you will be able to attract a wide range of potential bidders. These CPRs set out the thresholds at which procurements must be advertised on the central digital platform via the Council’s e-tendering system but the system may be used for procurements of any value. For lower value procurements, competition can also be invited by seeking quotes.

Openness and transparency

The Council has legal obligations around openness and transparency in the procurement process. Officers have a duty to make suppliers aware of the opportunity to bid for procurements and to notify the public of the appointed supplier. Contract managers also need to be aware of the transparency requirements that operate throughout the contract lifecycle (for example in relation to performance).

Being open, honest and trusted helps us conduct fair and transparent procurements and to be a trusted partner of our suppliers.

Accountability

officers are responsible for their actions and decisions. It is vital that records are appropriately retained so that you are protected in the event of a challenge. All stages of procurements must be carefully documented to ensure there is a full audit trail so that any challenge can be adequately addressed through the provision of supporting evidence. This should include details of any or potential conflicts of interest, negotiations, clarifications and evaluations at all relevant stages of the procurement process. Records of contract documents and performance should also be maintained throughout the contract lifecycle. Documentation should be retained securely and uploaded to the relevant record on the Council’s e-tendering system where appropriate.

Integrity

The decision to award a contract to a supplier must always be taken with the Council’s best interests at heart and the procurement process must never be manipulated for the benefit of any supplier. CPRs set out how integrity can be demonstrated through taking a consistent and transparent approach to procurement activity.

Procurement strategy

All procurements must be conducted in accordance with the key areas detailed in the Procurement Strategy (see link in Appendix 4). These are: Value for money and efficiency; Governance; Social value and foundational living wage; Commercial opportunities; and Supplier relationships and contract management.

Procurement legislation - Transitional arrangements

Procurements started under the PCRs (before the 24 February 2025) but not yet awarded will continue to be governed by the PCRs. A procurement is started under the PCRs if:

• a contract notice has been published
• a contract or framework agreement has been entered into
• Supplier(s) have been contacted to seek an offer or expression of interest in relation to a live contract or framework agreement
• a voluntary transparency notice has been published
• a below threshold contract opportunity has been published

Any contracts awarded under the PCRs will continue to be managed under the PCRs until the contract is terminated or expires. This includes approved frameworks (and call-off contracts from approved frameworks) and dynamic purchasing systems (DPS) (and call-off processes under the DPS).

6. Estimating the contract value, aggregation and lots

The value of a contract should be calculated by working out the annual price (including VAT) and multiplying it by the contract length. Any permitted contract extensions must also be included. If the contract is for a “one-off” purchase of goods, works or services then the contract value is the total cost of the purchase (including ongoing maintenance where applicable).

In all circumstances, contract values should be calculated in accordance with Section 4 of the Procurement Act 2023 and attention paid to the rules on aggregation set out at Schedule 3 of that Act. That means you should not seek to avoid the requirements of these CPRs, the procurement legislation and PCRs or the Executive and Decision Making Procedure Rules by procuring multiple lower value contracts for goods, works or services of a similar nature that could reasonably have been supplied under a single contract. If you do this, you must estimate the value of each of the contracts as including the value of all of the contracts, unless you have good reasons not to do so.

Before procuring a contract, you should consider whether your contract may reasonably be split into lots. The rationale for splitting a contract into lots may include reducing barriers to SMEs or ensuring resilience across the supply chain to avoid over-dependency on one supplier. Geographic location may also mean using lots is a more appropriate solution, allowing smaller suppliers to better compete against larger suppliers where procurements are divided into individual lots based on locations rather than a single procurement over multiple locations.

It may be helpful to use pre-market engagement to test the market and understand the supplier base which may inform the decision on the appropriateness of dividing the contract into lots. You must keep a written record of your reasons for splitting any contract into lots. When using lots the value of the contract lots must be aggregated to determine the total value of the contract.

7. Procurement pathways

The key concept of these procurement pathways is that each procurement shall follow a proportionate process that is in the best interest of Leeds. Consequently, to the extent possible, flexibility is built into these procurement pathways to allow procuring officers to determine the approach for their procurement that is in the best interest of Leeds.

The procurement pathways present a spectrum - greater freedom is afforded to lower value, less risky, more straightforward procurements; while greater oversight, control and formality is required for procurements as values, risk and complexity increase.

Step 1 - Check if there is an ISP

Procurement pathway: ISP, an in-house provider (also known as an Internal Service Provider).

What to do

You must:

1. Check if there is an ISP who can provide the goods, works or services you need
2. (If there is an ISP) explore the potential for them to provide the goods, works or services you need

Check the Internal Service Providers Master Contract List on InSite. FMS users can use search functions in the contract order screen in FMS to check available providers. ISP records are indicated by the “ISP” reference prefix.

If you are unsure how to engage the ISP, contact the officer named on the record. If you need assistance checking if there is an ISP, contact PACS at ProcurementandFinance@leeds.gov.uk.

If you believe the ISP should not or cannot be used for your particular procurement you must seek their agreement. Contact the ISP and discuss with the relevant delegated officer. If agreement is reached not to use the ISP this must be recorded in writing, including reasons (this may be by email).

If agreement cannot be reached within 2 weeks of the initial referral to the ISP, the matter may be referred to the Director (or their delegated officer) of the procuring department, who will make the final decision as to whether to use the ISP in conjunction with the Director of Strategy and Resources. Any decision to not use the ISP must be recorded in writing, including reasons (this may be by email).

If there is no ISP, or if it is agreed and determined that the ISP should not be used, move to Step 2.

Step 2 - Check for an existing contract or framework

Procurement pathway: Existing contract, approved framework or dynamic market place.

What to do

Check if the Council has a current contract or approved framework that can provide the goods, works or services you need.

If there is an existing contract, approved framework or dynamic market, you must use it.

If you are aware of a suitable framework that has not been previously approved by PACS, you must consult with PACS for approval prior to use.

How to do it

Search existing contracts by using the FMS contract Register on InSite (see Appendix 4). If you need assistance checking if there is an existing contract, contact PACS at ProcurementandFinance@leeds.gov.uk.

If there is an existing contract, contact the named contract manager for information on how to use the contract. Note that some contracts may be not available to use corporately - the contract manager will be able to advise on this and note Section 13 of these CPRs if any contract amendment is required.

To check whether a framework is approved, or if you have located a suitable framework that does not currently have approval, contact PACS Legal at proclegal@Leeds.gov.uk.

Follow the process in the approved framework or dynamic market when calling off.

You must create a record of any call-off from an approved framework or dynamic market awarded above £10,000 on the Council’s electronic tendering system.

If there is an available contract, approved framework or dynamic market but you believe there is a justifiable reason not to use it and it clearly does not oblige the Council to engage the existing provider, you can choose to not use the contract, approved framework, or dynamic market, provided agreement is obtained from the relevant Director (or their delegated officer).

Any decision not to use an existing provider must be recorded as an Administrative Decision by the relevant Director (or their delegated officer), along with the reasons for the decision.

If there is no existing contract or approved framework, or if it is agreed for justifiable reasons not to use one, move to step 3 and follow the relevant process depending on value.

Step 3 - External procurement

Note, all health care services contracts must be procured in accordance with Health care services (Provider selection regime) Regulations 2023. Where the provision of health care services is required, advice must be sought from PACS - PeopleServicesCategory@Leeds.gov.uk.

Total contract value: Low value procurement, £0 to £29,999 (inclusive of VAT)

Procurement pathways: Informal quotes or direct award.

Informal quote

It will generally be in the best interest of Leeds to undertake some form of competition when procuring.

Procuring officers should therefore seek to obtain a minimum of three quotations or price comparisons. At least two of the suppliers invited should be local (West Yorkshire).

The quotes must be in writing (for example by email) and may be obtained online, but screenshots must be saved as evidence that a competitive process has been undertaken. These should be retained for a year.

How to do it

A step-by-step guide is attached to these CPRs at Appendix 1.

Once awarded, the contract must be managed in accordance with the contract management framework.

Direct award

If it is not possible to obtain informal quotes or if it is considered to not be in the best interest of Leeds to obtain informal quotes (including if there is an emergency), the procuring officer may obtain written permission from the relevant Director to directly award a contract to a single supplier.

The direct award should be on the basis of receiving a quote (preferably from a locally based supplier (West Yorkshire)). The quote must be in writing (for example by email) and may be obtained online, but screenshots must be saved as evidence that a competitive process has been undertaken. These should be retained for a year.

Directors may authorise procuring officers to retain approved lists of pre-selected suppliers to undertake work up to the Low value procurement threshold for the Council in emergencies.

How to do it

The process for establishing a list of pre-selected suppliers is set out in the pre-selected supplier list guidance (see Appendix 4)

A step-by-step guide is attached to these CPRs at Appendix 1.

Once awarded, the contract must be managed in accordance with the contract management framework.

Total contract value: Medium value procurement, £30,000 to £99,999 (inclusive of VAT)

Procurement pathway: Formal tenders or direct awards.

Formal tenders

It will generally be in the best interest of Leeds to undertake some form of competition when procuring externally.

A medium value procurement requires that a formal tender process be undertaken. However, exceptionally, a direct award at this level may be permitted as detailed below (at medium value procurement level, discretion to undertake a direct award is limited by procurement legislation).

How to do it

A step-by-step guide is attached to these CPRs at Appendix 2.

For further guidance, see link to “YORtender guidance” and “Delivering a procurement” in Appendix 4.

Once awarded, the contract must be managed in accordance with the contract management framework.

Direct awards

Always consult with PACS prior to appointing a supplier via a direct award at this level.

Direct awards at this level are only permitted where justified under Schedule 5 of the Procurement Act 2023. A list of justifiable direct awards for medium value procurements is included at Appendix 5.

PACS will determine whether you have the required justification to directly award a contract and will provide advice on the steps you must follow.

When considering a direct award, you must ensure it is compliant with the Subsidy Control Act.

How to do it

A step-by-step guide is attached to these CPRs at Appendix 3.

For further guidance, see links to “YORtender guidance” and “Delivering a procurement” in Appendix 4.

Once awarded, the contract must be managed in accordance with the contract management framework.

Total contract value: High value procurement, £100,000 and above (inclusive of VAT)

Procurement pathway: Formal tenders not above threshold, Formal tenders above threshold, and direct awards.

“Above threshold” means (inclusive of VAT):

• works: £5,372,609
• supplies and services: £214,904
• light touch regime services: £663,540
• works and services concessions: £5,372,609

Formal tenders - not above threshold

Procurements at this threshold must be undertaken in consultation with PACS.

It will generally be in the best interest of Leeds to undertake some form of competition when procuring externally.

A high value procurement that is not above threshold requires that a formal tender process be undertaken.

Only in very exceptional circumstances may a direct award at this level be permitted as detailed below (at high value procurement level, discretion to undertake a direct award is limited by procurement legislation).

Formal tenders - above threshold

Procurements at this threshold must be undertaken in consultation with PACS.

For each high value procurement that is above threshold, it will be in the best interest of Leeds to undertake competition that is compliant with procurement legislation.

Consequently a procurement legislation compliant tender process must be followed for each above threshold procurement.

Only in very exceptional circumstances may a direct award at this level be permitted as detailed below (at high value procurement level, discretion to undertake a direct award is limited by procurement legislation).

Direct awards

Always consult with PACS prior to appointing a supplier via a direct award at this level.

Direct awards at this level are only permitted where justified under Schedule 5 of the Procurement Act 2023. A list of justifiable direct awards for high value procurements is included at Appendix 5.

PACS will determine whether you have the required justification to directly award a contract and will provide advice on the steps you must follow.

When considering a direct award, you must ensure it is compliant with the Subsidy Control Act.

How to do it

A step-by-step guide is attached to these CPRs at Appendix 3.

For further guidance, see links “YORtender guidance” and “Delivering a procurement” in Appendix 4.

Once awarded, the contract must be managed in accordance with the contract management framework.

8. Joint procurements

Joint procurements must be formally approved with a delegated decision before the procurement commences. Where the Council conducts a procurement jointly with one or more other public bodies, these CPRs will apply and the other public bodies involved in the arrangement must be listed in the central digital platform tender notice and contract documents individually or as an identified class. The estimate of contract usage or value must be that expected with all the public bodies involved in the procurement.

The Council may enter into contracts on behalf of another local authority, or another public body such as a health authority, where:

• the relevant public body has given authority to do so
• legal advice has been sought from PACS and it is confirmed the arrangement is legal
• approval is granted as part of a delegated decision

9. Informal quotes process (for low value procurements)

Officers have flexibility to seek informal quotes for Low value procurements.

When seeking informal quotes, it is not mandatory to consult with PACS. However, PACS is available to provide advice and support on an ad hoc basis.

The Council’s standard terms and conditions contain important provisions to protect the Council and ensure that the contract outputs are delivered. Therefore they must be used when entering into a contract unless otherwise approved by the relevant Director following consultation with PACS. Provisions relating to the following shall be included in all contracts:

• specification and required standards and the provider’s tender or quote
• equality
• health and safety
• anti-bribery
• modern slavery
• liability and insurance requirements
• data protection
• invoicing and payment
• the right of Council audit
• obligation to attend Executive Board or Scrutiny Board

For all contracts of £10,000 (inclusive of VAT) or over, once awarded, details of the contract must be registered on the Council’ electronic tendering system by the procuring officer.

10. Competitive process under an approved framework

You must not use any framework agreement that is not an approved framework.

You must follow the process set out in the relevant approved framework, including:

• using the relevant tendering and contract documents provided for by the approved framework; and
• undertaking the evaluation in accordance with the terms of the approved framework

Procurements through approved frameworks need not be advertised unless a mini-competition is required by the approved framework. However, if a mini-competition is undertaken and the procurement value is £30,000 (inclusive of VAT) or more, this must be advertised electronically on the central digital platform using the Council’s electronic tendering system.

For all contracts of £10,000 (inclusive of VAT) or over, once awarded, details of the contract must be registered on the Council’ electronic tendering system by the procuring officer. For contracts of £30,000 (inclusive of VAT) or over these must also be recorded on the central digital platform, via the Council’s electronic tendering system by the procuring officer.

11. Formal tender process (everything £30,000 (inc VAT) and above)

The complete rules for a formal tendering process are in the formal tender process document (see Appendix 4).

Conditions of participation

In all procurements with a value of £214,904 (inclusive of VAT) or more the Council will only enter into a contract with a supplier if it has satisfied the Conditions of Participation (legal standing, financial standing and technical capacity). The ‘Conditions of Participation’ template can be found on InSite (see Appendix 4).

The use of Conditions of Participation are not permitted in procurements with a value less than £214,904 (inclusive of VAT). Instead, the procuring officer needs to decide if it is necessary to assess a supplier’s eligibility, financial standing and technical capacity. If it is determined that an assessment is necessary, any Conditions of Participation used to assess suitability to perform the contract must be reasonable and proportionate to the contract in question (such as ensuring insurance and turnover requirements are set at reasonable and proportionate limits). It must also be remembered that for all contracts, regardless of value, consideration must be given as to whether any barriers towards SME’s, voluntary, community, and faith sector participation in the procurement can be removed or reduced.

Procuring officers should contact PACS for advice if required.

Invitation to tender

There are different documents to use for medium value procurements and high value procurements. These can be found on the Delivering a Procurement page on InSite (see Appendix 4), along with the relevant guidance. You must complete all sections required to be completed in accordance with the relevant guidance, and you must include all sections in the tender documents that you issue.

Tender documents must include the evaluation criteria (to be approved as an administrative decision), along with their weightings. See “Tender Evaluation” section below for further detail.

The Council’s standard terms and conditions contain important provisions to protect the Council and ensure that the contract outputs are delivered. The Council’s terms and conditions must be included in the tender documents issued at the invitation stage and must be used when awarding a contract.

• for services and supply of goods, use the relevant contract on the Delivering a Procurement page of InSite (see Appendix 4)
• for works, you may use either a standard form NEC or JCT contract. However, Council specific amendments are required to be used for these contracts and proclegal@leeds.gov.uk should be contacted for assistance
• for approved frameworks, see above

If you wish to you alternative terms and conditions in respect of your tender, you must have approval in writing from PACS before accepting them. Approval can be sought from PACS Legal via proclegal@leeds.gov.uk.

The design of tender documents must be such that price documentation cannot be changed or substituted following submission of the tender.

Tender documents must be clear that sub-contracting is only permitted with the Council’s express consent, and that the terms of the sub-contractors' appointment include equivalent requirements to the contract (particularly in terms of equality, health and safety, anti-bribery, modern slavery, liability and insurance requirements, data protection, invoicing or payment provisions, and the right of Council audit).

Pre-tender submission clarification

After an opportunity has been advertised either the Council or a bidder may seek to clarify aspects of the tender documentation. Adequate time must be allowed for both clarification questions and responses and a minimum of 5 days should be allowed between the last clarification question or response issued by the Council and the tender submission date (also known as the closing or response date). Both the clarification question and response must be in writing and recorded in a log. If, following clarification, the tender documentation changes in any way the tender notice must be updated accordingly.

Except for a very limited set of circumstances both the question (which should be anonymised so it does not include the tenderer’s information) and the response should be issued to everyone who has been invited to tender. PACS can provide procuring officers with assistance in relation to these rules.

Note that different timescales apply to procurements that are subject to procurement legislation and PCRs and required the publication of various notices on the central digital platform (via the council’s e-tendering system) at various stages throughout the procurement process and beyond. The Council’s standard tender documentation sets out the process that must be followed in each circumstance.

Submission, receipt, opening and registration of tenders

Invitations to tender for procurements that have a value of £30,000 (inclusive of VAT) or more must be advertised electronically on the central digital platform using the Council’s electronic tendering system. This includes mini-competitions under framework Agreements. Use of the Council’s electronic tendering system is encouraged for all procurements.

Emailed tender documents or tender submissions are not acceptable for procurements that have a value of £30,000 (inclusive of VAT) or more.

No tender submissions received after the tender submission date and time (also known as the tender closing or response date) can be considered by the Council. The only exception is if the delay is caused by the Council, such as a temporary failure of the Council’s electronic tendering system. In such cases, written approval to accept the submission must be sought by the procuring officer from PACS. Approval shall only be given if it is reasonable to do so in the circumstances and no bidder is disadvantaged.

Officers who have been involved in preparing tender documents for procurements must not be involved in the opening and recording of tender submissions. Tender submissions for procurement of high value contracts will be opened by PACS and tenders under this value may be opened by the relevant directorate. Any qualified tenders must be brought to the attention of the relevant PACS category manager to ensure that such qualification can be dealt with as soon as possible.

Post tender clarification

The Council may ask tenderers to clarify any aspects of their submission but only if it is genuinely unclear. If the submission is clear but wrong this is not a clarification. Any new information or documents submitted as part of a clarification must only clarify the original response and not contain any new information. Any new information that is submitted must be disregarded in the evaluation and a note made to that effect.

Errors in tender submissions

Tender documents issued by the Council must clearly state how errors and omissions will be dealt with. The process must be transparent and fair to all tenderers.

Where a tenderer has made a genuine error in their submission, or by error has submitted an incomplete document or has specific documents missing, corrections may be permitted in line with the process set out in the tender documents. If a correction is permitted the tenderer must make it within a strict time limit that represents the minimum time that a tenderer needs to make the correction.

If a tenderer has uploaded documents to the Council’s electronic tendering system which subsequently cannot be opened, the procuring officer should ask the tenderer to resubmit the documents in the minimum amount of time reasonably practicable. The resubmission may be by email but it must be sent to a to shared mailbox (not to an individual’s email account).

Other errors in tender submissions must be dealt with by asking the tenderer to confirm they will honour their tender submission despite the error or, if not, withdraw the tender from the procurement process.

If a tenderer agrees to stand by an error which will cast doubt on its ability to perform the contract, result in legal dispute or negatively affect contract delivery, then authority should be granted by the relevant Director (or delegated officer) before the tender is accepted. A copy of the report and decision must be sent to PACS at ProcurementandFinance@leeds.gov.uk.

Tender evaluation

The Conditions of Participation and the evaluation criteria must be distinguished separately as part of the tender documentation. The evaluation criteria will be predetermined and approved as an Administrative Decision and disclosed to all tenderers through the tender documentation, along with their weightings. In exceptional circumstances where this is not possible, the evaluation criteria may be listed in order of importance.

Published criteria may not be changed and will apply throughout all stages of a procurement. The evaluation criteria and methodology must be set in accordance with the procurement legislation or PCRs, including an assessment of the cost effectiveness such as lifecycle costing, and the principles set out in the tender evaluation guidance.

Evaluation criteria must be evaluated using one of the following approaches:

Firstly: Price-quality separated

• a “price - quality separated” evaluation approach should be used, except in the exceptional circumstances permitted below. “Price-quality separated” involves the first stage being a quality assessment where the tender either passes or fails minimum quality thresholds
• Tenders that pass the minimum quality requirements are then assessed purely on price, and either the lowest price tender is successful or (in the case of a concession) the highest price submission; OR

Exceptionally: Price-quality combined

• if it is considered that quality is a critical differential in the evaluation of a particular procurement, the Director may (following consultation with PACS) determine that price and quality should be evaluated together
• In these circumstances, the price element of the evaluation will be set at 40% or greater. Any decision to set price at less than 40% must be justified and appropriate to the circumstances of the procurement (for instance where there is a set budget and the Council is looking to obtain the best quality service available)

Approved frameworks

If you are running a competition exercise under an approved framework you will be required to use the evaluation methodology specified by the approved framework.

All tender evaluation panel members must complete and sign a Declaration of Interest Form (see Appendix 4). If a panel member declares an interest, it may not be appropriate to allow them to be involved in the evaluation or procurement process and appropriate action should be taken to ensure there is no conflict of interest going forward. The conflicts assessment form must be updated accordingly. The procuring officer should consider this in consultation with the relevant Director. PACS should be consulted for assistance if required.

Awarding contracts

contracts must be awarded subject to the evaluation criteria used in the tender process, for instance a tender evaluated on price only must be awarded to the tenderer submitting the bid with the lowest price.

Where a tender is to be evaluated on quality only the contract must be awarded to the tenderer submitting the highest scoring tender.

High value contracts may only be signed by the City Solicitor or Chief Executive, or by officers with the requisite delegated authority including officers within PACS.

contracts with a value below £100,000 may be awarded and signed by a Director, or an officer with the requisite delegated authority within the relevant Directors sub-delegation scheme.

The Council reserves the right in its tender documents to not award a contract in respect of a particular procurement. However, procurements should only be abandoned or re-tendered for proper justifiable reasons, such as:

• receipt of non-compliant tenders meaning genuine competition cannot be obtained
• funding is withdrawn meaning the contract can no longer be procured

Such proposed action must only be undertaken following prior consultation with PACS and subject to a formal decision categorised in accordance with Article 13 of the Constitution by the relevant Director.

If a tender is abandoned following evaluation due to no suitable tenders being received, or funding is withdrawn etc, a procurement termination notice must be published on the central digital platform via the Council’s electronic tendering system.

Standstill period

Unless an exemption applies, contracts subject to procurement legislation or PCRs should only be awarded following observance of the relevant standstill period. Those procurements that are subject to the Procurement Act 2023 may only be awarded following provision of an assessment summary to all tenderers followed by a minimum 8 working day standstill period. Failure to follow this process can result in legal challenge and the contract being set aside. PACS is responsible for issuing these communications.

If following the standstill period the contract award is revised and the original tenderer is no longer to be awarded the contract, the procuring officer must consult with PACS before making a decision to award to a different bidder. This decision will be a publishable administrative decision as a minimum and new a standstill process must be undertaken.

For procurements that are not subject to the procurement legislation or PCRs, procuring officers should consult with PACS as to whether tender feedback should be provided or a standstill period observed.

Any procurement challenge received or threatened, or any request for further information beyond any assessment summary or bidder feedback already provided in relation to a completed procurement process, shall be referred immediately to PACS at proclegal@leeds.gov.uk.

12. Contract management

The relevant director:

• is responsible for ensuring that the contract is managed appropriately and to consider any guidance issued by PACS in relation to contract management, including the contract management framework and guidance on Company Financial Health Checks and Profit Warnings found at Appendix 4. The Council’s processes for contract management, as set out in the contract management framework and these CPRs, must be adhered to throughout the contracts lifecycle
• must assign an appropriately experienced and trained officer, as defined by the contract management framework, to every contract to be the contract manager
• must ensure that resources deployed for the management of contracts are sufficient and that the organisational structure supports the management of contracts

Contract managers must consider any guidance issued by PACS in relation to the management of contracts but as a minimum must do the following:

• ensure all contracts have a contract management plan appropriate to the tier of contract completed and uploaded to the Council’s electronic tendering system prior to contract award. One plan may be used for more than one contract, provided the contracts are sufficiently similar for the plan to be relevant
• ensure all contract documentation is saved to the Council’s electronic tendering system and kept fully up to date, reflecting any changes made throughout the life of the contract
• ensure they have the appropriate level of experience and training for the tier of contract they are managing, as set out in Table 1. ‘Contract features and contract manager requirements’ of the contract management framework
• follow the requirements stipulated in Table 2. ‘Core requirements for contract tiers’ in the contract management framework that apply to the tier of contract being managed. The requirements must be followed for the lifecycle of the contract
• complete the balanced scorecard reporting on performance of their contract on a quarterly basis when issued by PACS
• report to PACS any concerns about supplier failure or repeated poor performance that impacts business critical activity, via the corporate contract management inbox - contractmanagement@leeds.gov.uk
• maximise opportunities for savings and efficiencies throughout the life of the contract and ensure that requirements are regularly reviewed. Renewals or extensions should be carefully considered and be utilised as opportunities to reduce costs and improve service delivery

13. Contract extensions and variations

Extensions

Once a contract has expired it cannot be extended. Consideration of whether to extend a contract, or to re-procure it, or to allow it to lapse must commence at least 12 months before the expiry date (this period may need to be longer in relation to complex or high value contracts) to:

• ensure that the contract contains adequate provisions permitting extension and that any extension is permissible under procurement legislation/PCRs;
• ensure that any extension would be appropriate given the budget availability and the previous contract performance
• consult with PACS in respect of the extension of any high value contract
• enable the extension in accordance with the terms of the contract
• seek to negotiate improved terms during any extension period (such as savings or additional value)
• to undertake an alternative procurement
• to facilitate the contract lapsing (including complying with any formalities, handback requirements or bringing services in-house)

The procuring officer must establish whether the extension (including any improved terms offered) will deliver Best Value (as opposed to allowing the contract to lapse or undertaking a new procurement), including consideration of performance to date, and record this in writing.

All contract extensions must be approved by the relevant Director or their delegated officer.

All contract extensions must be made and recorded in writing and reported to PACS by completion of a contract extension instruction memo so that the central digital platform and council’s electronic tendering system can be updated.

Variations

Contract variations cannot materially affect or change the scope of the original contract. In practice this means a variation could not be introduced that changed the contract to include the provision of goods, works or services that were not originally part of the contract.

For contracts that are not above threshold (as set out in the Procurement Act 2023), a new procurement is required in the event of a material change when one or more of the following conditions is met (unless otherwise agreed in consultation with PACS):

• the variation introduces changes which, if they had been part of the original procurement, would have allowed for the admission of tenderers other than those who were awarded the contract
• the variation increases the value of the contract substantially in favour of the supplier
• the variation extends the scope of the contract considerably

So, for example, an existing contract for the provision of fresh food products could not be varied to also include the provision of office equipment. In this scenario, a new procurement would need to be undertaken.

Variations for contracts that are above thresholds (as set out in the Procurement Act 2023) must be in accordance with Schedule 8 of that Act. Similarly, contracts procured under the PCRs may only be varied in accordance with Regulation 72.

Prior to being undertaken, all contract variations must be reported to PACS if the variation relates to a high value contract or if there is any possibility that the variation could prompt a new procurement exercise or mean the contract becomes above threshold.

Any contract variation is a new decision and must follow the Council’s decision-making process.

All contract variations must be made in writing and signed by both the Council and the supplier unless different provisions are made within the contract. Variation agreements must be drafted or approved by PACS Legal regardless of value.

For above threshold contracts, a contract Change Notice must be published on the central digital platform via the Council’s electronic tendering system and any voluntary standstill period observed.

Novation

Novation refers to where one of the contracting parties in the original contract is replaced by an entirely new party that assumes the rights and obligations of the original party. This most typically occurs when there is a corporate re-organisation affecting the provider (such as a re-structure or takeover).

Transfer, assignment, and novation of contracts can only be completed following consultation, advice and support from PACS.

14. Termination of a contract

Contract managers considering terminating a contract (meaning cancellation of the contract prior to its expected expiry date) must consult with PACS before making any decision. Once PACS have been consulted, a contract termination must be approved through a delegated decision. For any terminated contract, a copy of the report and decision must be sent to PACS for monitoring purposes via ProcurementandFinance@leeds.gov.uk.

All termination letters will be drafted and issued via PACS in conjunction with the procuring officer.

A contract termination notice must be published on the central digital platform via the Council’s electronic tendering system on termination or expiry of all above threshold contracts.

15. Record and document retention

Procuring officers and contract managers are responsible for keeping documents and records relating to procurement and the operation of the contract throughout its lifecycle, and updating the Council’s e-tendering system and FMS in accordance with corporate retention policies and the requirements of the Procurement Decision Making Guide (see Appendix 4).

16. Contract disputes and claims

The Chief Officer Financial Services and City Solicitor must be notified of any contractual claims of £100,000 or more, whether by or against the Council. Contract managers must also notify PACS via proclegal@leeds.gov.uk.

Planning, relationship management and active contract management should be used to keep contract disputes to a minimum. The dispute resolution procedure set out in the contract should be followed in the event of a dispute. Further guidance on how to manage disputes can be obtained from PACS.

Definitions

"Above threshold" has the meaning given in the high value procurement pathway at Step 3 of Section 7;

"Approved framework" means a framework agreement that has either been set up by the Council, or by an organisation other than the Council and has been approved by PACS for use by the Council;

"Best value" means the optimum combination of whole life costs, quality and benefits to meet the Council’s requirements. Selecting tenders on this basis will meet the requirement to select the most advantageous tender under the Procurement Act 2023;

"Category" as identified in the list published from time to time at Appendix 2 of the Procurement Strategy;

"Central digital platform" means the central online system provided by the government (which consists of an enhanced version of "Find a Tender" with a new "Supplier Information System") for the publication of notices, documents and other information in relation to the procurement legislation;

"Chief Officer Financial Services" means the Chief Officer - Financial Services who is responsible for the procurement function on behalf of the Council and includes any Officer within PACS who carries out the functions of the Chief Officer - Financial Services under these CPRs;

"Constitution" the Council’s constitution which is available on the internet and sets out the rules that the Council and all Council employees must follow;

"Consultant" means a provider of professional services or expertise engaged to:

• provide expert analysis and advice which facilitates decision making or could potentially result in new business, funding or service transformation;
• provide a specific, one-off task or set of tasks; and
• perform a task involving skills or perspectives which would not normally be expected to reside within the Council

"Contract" means an agreement between the Council and any contractor made by formal agreement or by issue of a letter of acceptance or official order for goods, works or services;

"Contract extension instruction memo" means a memo in relation to a proposed decision to extend a contract to be submitted to PACS via the Procurement and Category management toolkit on InSite;

"Contract management framework" means the Council’s standardised contract management framework policy that all contract managers are required to follow. A link to the document can be found in Appendix 4;

"Contract management Plan" means a practical plan for the contract period for a single contract or group of similar contracts which includes key responsibilities, milestone dates, escalation, communication and performance management arrangements. A template is available on In-site. The contract management Plan will be in such format as prescribed by PACS except where an alternative approach (having the same effect) forms part of external funding or joint procurement requirements;

"Council" means Leeds City Council;

"CPR" means these Contracts Procedure Rules;

"Delegated decision" means a formal decision taken in accordance with the Council’s Constitution and sub-delegation schemes. It is for the Officer seeking the Delegated Decision to decide which type of decision is required in accordance with the Constitution and the Procurement Decision Making Guide;

"Director" includes all those officers listed at Article 12.1 of the Constitution and any other Officer authorised by the Director through their sub-delegation scheme in relation to commissioning and procurement activity;

"Electronic tendering system" means the e-tendering platform the Council uses to advertise tenders. This is currently YORtender.

"Emergency or emergencies" means an extreme and unavoidable urgency (in particular circumstances representing an imminent risk to health and safety of individuals or where failure to act may result in a legal claim), and (having followed Step 1 and Step 2 of the procurement pathway) it is not possible or practicable for a contract cannot be awarded on the basis of a competitive process;

"Exempt arrangements" are those contracts or other internal arrangements listed as being exempt at Section 4;

"Health care services" means those services set out within Schedule 1 of the PSR;

"High value contract" or "High value procurement" means a contract of £100,000 (inclusive of VAT) or above;

"ISP" means an Internal Service Provider, for example Leeds Building Services, Legal Services, etc. The list of ISPs can be found on In-site;

"Low value procurement" means a contract of £0 to £29,999 (inclusive of VAT);

"Medium value procurement" means a contract of £30,000 to £99,999 (inclusive of VAT);

"Officer(s)" means an employee(s) of the Council;

"PACS" means Procurement and Commercial Services;

"PCRs" means Public contracts Regulations 2015;

"Procurement and category management toolkit" means the toolkit document on InSite. A link can be found in Appendix 4;

"Procurement decision making guide" means the Guide to Assurance and Governance in Procurement Projects;

"Procurement legislation" means the Procurement Act 2023 and the procurement Regulations 2024

"Procurement plan" means practical planning of the procurement, or group of similar procurements, including approach, resourcing, and timetable. This involves identifying major projects within each category of spend to be maintained by the relevant Director. It also provides a basis for information for the PACS to meet the council’s reporting obligations. The procurement plan will be in such format as prescribed by PACS except where an alternative approach (having the same effect) forms part of external funding or joint procurement requirements;

"Procurement strategy" means the council’s published procurement strategy setting out its ambition for procurement and confirming a category management and whole lifecycle approach to procurement;

"PSR" means The Health Care Services (Provider Selection Regime) Regulations 2023;

"TUPE" means the Transfer of Undertakings (Protection of Employment) Regulations 2006.

Appendix

Appendix 1 - Step-by-step guide - Low value procurements

Step 1

• calculate the value of your procurement
• you must check whether there is an internal service providers (ISP) who can provide what you require before you offer the contract the council has a number of ISPs and a list of them can be found on InSite
• you can only not use an ISP if the ISP agrees or it is determined by your Director/Director S&R. you need to record any decision to procure an external provider rather than use an ISP in writing, along with the reasons for the decision
• if it is agreed not to use an ISP you must then check if there is an existing contract or approved framework for the goods, works or services you require. A list of existing arrangements can be found on FMS/F&O and InSite
• an approved framework is an agreement between one or more authorities with one or more suppliers that has been approved by PACS. We can 'call off' from this approved framework and establish our own contract with the suppliers

Step 2

• before commencing the procurement, the data protection impact assessment (DPIA) screening questions must be completed
• this is a screening exercise to determine whether the data protection legislation applies to the contract you are wanting to procure
• if indicated by the screening exercise, a DPIA must also be carried out
• as part of the procurement process and DPIA, you will need to determine whether the winning bidder will be acting as a data processor or data controller
• if you require any support in relation to any of these steps, please email gateway@leeds.gov.uk

Step 3

• it is not necessary to consult with Procurement and commercial services (PACS) unless you require assistance or your procurement is particularly complex
• integrated digital service (IDS) must be consulted before the procurement starts on all purchases which have an ICT element
• you should not proceed with the purchase of any goods, works or services until appropriate consultation is completed

Step 4

• if no ISP or existing arrangement a decision to procure is this decision includes what is being procured and the budget and must be in writing
• this is an Administrative Decision (non-publishable) and may be an evidence should be retained for a minimum of a year
• details of who can make this decision can be found in the sub-delegation scheme for your directorate, these can be found on Leeds.gov.uk

Step 5

Either:

• obtain at least three informal quotes or price you may invite bidders directly, there is no need to use the council's e-tendering system. where possible, at least two of the suppliers should be locally based supplier (West Yorkshire)
• the quote(s) must be in writing and may be obtained online but screenshots must be saved as evidence that a competitive process has been email is acceptable. these should be retained for a year

Step 6

Or:

• if it is not possible or considered to not be in the best interest of Leeds to obtain informal quotes (including if there is an emergency), you may obtain written permission from the relevant director to directly award a contract to a single supplier
• the direct award should be on the basis of receiving a quote (preferably from a locally based supplier (West Yorkshire)). the quote must be in writing and may be obtained online but screenshots must be saved as evidence. email is acceptable. This should be retained for a year

Step 7

• once the supplier(s) have been selected a decision to award the contract to is required
• all purchases on behalf of the council with external suppliers result in a contract being created irrespective of the value. you should use the council's standard contract Ts&Cs document unless your director approves not to
• the decision must include the contract details, dates and this is an Administrative Decision (non-publishable) and may be an email. Evidence should be retained for a minimum of a year
• details of who can make this decision can be found in the sub-delegation scheme for your directorate, these can be found on Leeds.gov.uk

Step 8

• the contract must be managed in accordance with the contract management a contract at this level will most likely be a transactional tier contract, though you should consider if additional risks or complexity mean it should be managed at the operational tier
• for all contracts of £10,000 (inclusive of vat) or over, once awarded, details of the contract must be registered on the council’ electronic tendering system by the procuring officer
• raise an order in F&O either as quote (including details of the supplier(s) and amounts) or direct decision (including the job title and name of the officer who made the decision to award the contract directly)

Appendix 2 - Step-by-step guide - Medium value procurements

Step 1

• calculate the value of your procurement
• you must check whether there is an Internal Service Providers (ISP) who can provide what you require before you offer the contract externally. The council has a number of ISPs and a list of them can be found on InSite
• you can only not use an ISP if the ISP agrees or it is determined by your Director/Dir S&R. You need to record any decision to procure an external provider rather than use an ISP in writing, along with the reasons for the decision
• if it is agreed not to use an ISP you must then check if there is an existing contract or approved framework for the goods, works or services you A list of existing arrangements can be found on FMS,F&O, and InSite
• an approved framework is an agreement between one or more authorities with one or more suppliers that has been approved by We can 'call off' from this approved framework and establish our own contract with the suppliers

Step 2

• before commencing the procurement, the DPIA screening questions must be completed
• this is a screening exercise to determine whether the data protection legislation applies to the contract you are wanting to procure
• if indicated by the screening exercise, a DPIA must also be carried out
• as part of the procurement process and DPIA, you will need to determine whether the winning bidder will be acting as a data processor or data controller
• if you require any support in relation to any of these steps, please email gateway@leeds.gov.uk

Step 3

• it is not necessary to consult with Procurement and Commercial Services (PACS) unless you require assistance or your procurement is particularly complex
• Integrated Digital Service (IDS) must be consulted before the procurement starts on all purchases which have an ICT element
• you should not proceed with the purchase of any goods, works or services until consultation is completed

Step 4

• if no ISP or existing arrangement a decision to procure is needed. This decision includes what is being procured and the budget and must be in writing
• this is an Administrative Decision (non-publishable) and may be an email. Evidence should be retained for a minimum of a year
• details of who can make this decision can be found in the sub-delegation scheme for your directorate, these can be found on Leeds.gov.uk

Step 5

• create a record on the central digital platform (CDP) via the council's e-tendering system and undertake a formal tender process using an Invitation to Tender (ITT). You should seek at least three formal tenders including at least two from local (West Yorkshire) suppliers
• the Council's medium value standard tender documentation (including Ts&Cs) must be used, and tenders must comply with section 11 of the
• the opportunity must be advertised by the publication of a below-threshold tender notice on the CDP via the council's e-tendering system unless you are using a list of pre-selected suppliers where suitability can be assessed at award stage

Step 6

• direct awards will only be justifiable in limited circumstances - see Appendix 5 of the CPRs (for example where competition is absent for technical reasons or where there is unforeseeable urgency)
• always consult with PACS prior to appointing a supplier via a direct award. PACS will determine whether you have the required justification to directly award your contract, and will provide advice on the steps you must follow in order to comply with the relevant procurement legislation

Step 7

• once the supplier(s) have been selected a decision to award the contract to is The decision must include the contract details, dates and value, and be in writing. This may be an email confirming the arrangement
• this is an Administrative Decision (non-publishable)
• details of who can make this decision can be found in the sub-delegation scheme for your directorate, these can be found on Leeds.gov.uk

Step 8

• when complete, details of the contract award (contract details notice) must be published on the CDP and the contract register via the Council's e-tendering
• if a direct award has been made, prior to this step, a record must be created on the Council's e-tendering system and the supplier must register on the CDP and the Council's e-tendering system (if they are not already)

Step 9

• the contract must be managed in accordance with the contract management framework. A contract at this level will most likely be a transactional tier contract, though you should consider if additional risks or complexity mean it should be managed at the operational tier
• complete the FMS contract record email template and send to FMS-Contract-Records@leeds.gov.uk so the contract can be created on FMS

Appendix 3 - Step-by-step guide - High value procurements

Step 1

• calculate the value of your procurement
• you must check whether there is an Internal Service Providers (ISP) who can provide what you require before you offer the contract The council has a number of ISPs and a list of them can be found on InSite
• you can only not use an ISP if the ISP agrees or it is determined by your Director/Dir S&R. You need to record any decision to procure an external provider rather than use an ISP in writing, along with the reasons for the decision
• if it is agreed not to use an ISP you must then check if there is an existing Contract or approved framework for the goods, works or services you A list of existing arrangements can be found on FMS/F&O and InSite
• an approved framework is an agreement between one or more authorities with one or more suppliers that has been approved by We can 'call off' from this approved framework and establish our own contract with the suppliers

Step 2

• before commencing the procurement, the DPIA screening questions must be completed
• this is a screening exercise to determine whether the data protection legislation applies to the contract you are wanting to procure
• if indicated by the screening exercise, a DPIA must also be carried out
• as part of the procurement process and DPIA, you will need to determine whether the winning bidder will be acting as a Data Processor or Data Controller
• if you require any support in relation to any of these steps, please email img.gateway@leeds.gov.uk 

Step 3

• PACS must be consulted before the procurement starts
• Integrated Digital Service (IDS) must be consulted before the procurement starts on all purchases which have an ICT element
• you should not proceed with the purchase of any goods, works or services until consultation is completed

Step 4

• if no ISP or existing arrangement a decision to procure is needed. This decision includes what is being procured and the budget and must be in writing
• this may be an Administrative or Key Decision dependent on the value of the contract
• details of who can make this decision can be found in the sub-delegation scheme for your directorate, these can be found on Leeds.gov.uk

Step 5

• create a record on the central digital platform (CDP) via the council's e-tendering system and undertake a formal tender process using an Invitation to Tender (ITT)
• the Council's high value standard tender documentation (including Ts&Cs) must be used, and tenders must comply with section 11 of the CPRs

Not above threshold

You should seek at least three formal tenders including at least two from local (West Yorkshire) suppliers. The opportunity must be advertised by the publication of a below-threshold tender notice on the CDP via the Council's e-tendering system unless you are using a list of pre-selected suppliers where suitability can be assessed at award stage.

Above threshold

You must follow the process set-out in the Procurement Act and publish the required notices on the central digital platform via the Council's e-tendering system.

Step 6

• direct awards will only be justifiable in limited circumstances - see Appendix 5 of the CPRs (such as where competition is absent for technical reasons or where there is unforeseeable urgency)
• always consult with PACS prior to appointing a supplier via a direct PACS will determine whether you have the required justification to directly award your contract, and will provide advice on the steps you must follow in order to comply with the relevant procurement legislation

Step 7

• once the supplier(s) have been selected a decision to award the contract to is required. The decision must include the contract details, dates and value, and be in writing
• this may be an Administrative or Key Decision dependent on the value of the contract
• details of who can make this decision can be found in the sub-delegation scheme for your directorate, these can be found on Leeds.gov.uk
• high value contracts must be signed by PACS officers

Step 8

• when complete, details of the contract award (contract details notice) must be published on the CDP and the contract register via the Council's e- tendering system
• if a direct award has been made, prior to this step, a record must created on the Council's e-tendering system and the supplier must register on the CDP and the Council's e-tendering system (if they are not already)

Step 9

• the contract must be managed in accordance with the Contract Management framework. A contract at this level will be an Operational or Strategic tier contract, though for Operational tier contracts you should consider if additional risks or complexity mean it should be managed at the Strategic
• complete the FMS Contract Record email template and send to FMS-Contract-Records@leeds.gov.uk so the contract can be created on FMS

Appendix 4 - Useful links referenced in CPRs

1. Procurement Act 2023
   • Section 4 of the Procurement Act 2023
   • Schedule 3 of the Procurement Act 2023
2. Leeds City Council constitution
3. Council’s financial regulations
4. Procurement and category management toolkit
5. Social value guidance for commissioners
6. Procurement strategy
7. Council values and behaviours
8. Contract management framework
9. Procurement decision making guide
10. Category of decision flowchart
11. Decision making (InSite toolkit)
12. Yortender guidance (guidance for the council’s e-tendering system)
13. Delivering a procurement (InSite page)
14. Internal service providers master contract list
15. FMS contract register
16. Pre-selected supplier list guidance
17. Formal tender process
18. Subsidy Control Act 2022 (InSite page)
19. Conditions of participation template
20. Declaration of interest form
21. Managing a contract (InSite page)
22. Contract management training (SharePoint page)
23. Retention of information (InSite page)
24. Retention schedule

Appendix 5 - Justifiable direct awards for medium value procurements and high value procurements

This is a high-level summary of Schedule 5 of the Procurement Act 2023 to provide an indication of the types of circumstances in which a direct award may be justifiably made in relation to procurements of £30,000 (including VAT) and above.

The specific wording of Schedule 5 of the Procurement Act must be considered in all circumstances and PACS must be consulted to determine whether such a direct award is justifiable.

Prototypes and novel goods or services

For the creation of prototypes or for development purposes when the goods or services are innovative and not yet available on the market.

If only one supplier can provide the goods, works or services in the following circumstances

• procurement in relation to the creation or acquisition of a unique work of art or artistic performance
• if only one supplier can provide the goods or services due to intellectual property rights or other exclusive rights
• if competition is absent for technical reasons

Additional or repeat goods, works or services

• when the supply of additional goods, services or works by the existing supplier are necessary to ensure compatibility with existing goods or services
• when a prior competitive exercise was undertaken in the preceding 5 years, and that prior tender set out the intention to procure similar goods, works or services

Commodities

Goods purchased on the commodities markets

Advantageous terms on insolvency

Goods purchased on advantageous terms due to insolvency proceedings

Urgent requirements

In cases of extreme and unavoidable urgency that is not caused or contributed to by our act or omission and which could not be foreseen.

User choice contracts

Contracts where the end user has the freedom to choose their provider, such as in certain healthcare or social services.