Regulations and procedures

As a Local Authority, North Norfolk District Council has to comply with a range of legislation and guidance when purchasing goods, services and works as detailed below.

Contracting and the Freedom of Information Act (FOIA)

All Public bodies have a duty under the Freedom of Information Act to respond to requests for information. This may require disclosure of information that is part of a tender/contracting process.

We are mindful of the potential commercial risks to our suppliers in the disclosure of information.

Read more about the FOIA on the Council's web pages.

Contract Regulations

The Council's Contract Regulations require staff to ensure that they secure Value for Money in any contract they enter into. Our Contract Regulations form part of our Standing Orders within the Constitution (Part 4 - Rules of procedure) and lay down the minimum requirements staff must follow in entering into contracts.

The Council:

• normally allows four weeks for submission of bids (not to be submitted by fax or email);
• keeps bids confidential;
• does not negotiate with suppliers (except under exception conditions);
• ensures all tenders are subject to competition, unless there is a specific exemption granted;
• evaluates and awards contracts in accordance with the award criteria.

Total Value	Award Procedure	Shortlisting
Up to £5,000.00	£1,000 or less - single supplier sufficient. £1,001 - £5,000 - 2 verbal quotes, at higher end best practice of 3 verbal quotations.	Officer
£5,000.01 - £10,000.00	Best practice to obtain a minimum of 3 written quotations, evidenced by letter, e-mail etc.	Officer and Line Manager
£10,000.01 - £50,000.00	Obtain a minimum of 3 written quotations. Must be in writing, to originator and on the supplier's headed notepaper. Formal contract conditions apply.	Officer and Line Manager
£50,000.01 - EU Threshold	Full tender procedures apply, to be sent out in accordance with Contract Procedure Rules, replies to Legal Services.	Officer, Line Manager, Legal Services Manager and Procurement Officer
Above EU threshold	EU Procedure or, where this does not apply, Invitation to Tender by Advertisement/List to at least six Candidates.	Consult the Legal Services Manager and Procurement Officer

European Requirements

Public bodies in the United Kingdom are required to comply with the procurement regulations set out by the European Union.

EU Regulations have three main guiding principles:

• advertising of contracts throughout the European Union (EU) so that all firms in the member states have an opportunity to submit tenders;
• the equal treatment of all enquiries so as not to eliminate on the basis of the nationality of the supplier or the origin of the goods or services. This includes the banning of national technical specifications liable to discriminate against foreign tenderers;
• the application of objective criteria in the tendering and award procedures so as to achieve a high degree of transparency.

EU Regulations require all qualifying contracts over the EU Thresholds to be advertised by the Council in the Official Journal of the European Union (OJEU).

EU Thresholds:

The EU thresholds from 1st January 2006 to 31st December 2007 can be found below. It should be noted that these thresholds relate to the aggregated contract values over the life of a contract (including any potential contract extensions).

• Services and Supplies = £144,371 (€211,000)
• Works = £3,611,319 (€5,278,000)

The OJEU is issued on a daily basis, and subscriptions can be arranged by contacting the Stationery Office on 0870 600 5522 or by visiting the website.

There are a number of commercial organisations that, for a subscription fee, will search OJEU for you and provide regular lists of contracts in which you may be interested. Details of some of these organisations can be found in the useful links.