Item 09 Appendix 1
West Dunbartonshire Council · 26 August 2026
Back to West Dunbartonshire Council — 26 August 2026 and its agenda
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Official WEST DUNBARTONSHIRE COUNCIL WEST DUNBARTONSHIRE COUNCIL FINANCIAL REGULATIONS (Updated August 2026)
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Official INDEX A. FINANCIAL ADMINISTRATION A1 Responsibility of the Council A2 Best Value A3 Section 95 Officer A4 Depute Section 95 Officer A5 Section 95 Officer as Adviser A6 Chief Officers Responsible for Resources A7 Chief Officers to consult Section 95 Officer A8 Role of Chief Executive, Chief Officers and the Director of the Health & Social Care Partnership (H&SCP) B. ESTIMATES B1 Form of Estimates B2 Preparation of Estimates B3 Determination Process B4 Report on the Estimates B5 Long Term Capital Programme B6 Authority to proceed with Capital Projects B7 Updates to Capital Programmes C. CONTROL OF EXPENDITURE C1 Need for Budgetary Provision C2 Virement C3 Updates to Capital Programmes C4 Overspendings C5 Report on Capital and Revenue Schemes C6 Loan Consents C7 Responsibility for Budgetary Control D. CONTROL OF INCOME D1 Determination and Alteration of Charges D2 Accounting Arrangements D3 Notification of Income to Chief Officer Resources D4 Write-Offs D5 Benefit Overpayment D6 Treatment of Monies Collected D7 Forms, Books and Tickets D8 Personal Cheques D9 Transfers of Money D10 Exchequer Grants
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Official E. STORES, INVENTORIES AND COSTING E1 Costing Systems and Stores Control E2 Custody of Stores and Stocktaking E3 Write-Offs or Surpluses of Stores E4 Disposal of Surplus Plant, Equipment, furnishings, materials, etc. E5 Inventories E6 Stock Levels F. BANKING, CONTROL OF CHEQUES, BORROWING, INVESTMENTS AND TRUST FUNDS F1 Arrangements with Bankers F2 Payments into Bank F3 Cheque Control F4 Code of Practice for Treasury Management F5 Treasury Policy Statement F6 Aggregation F7 Delegation to Section 95 Officer F8 Investments F9 Borrowing F10 Deposit of Trust Funds F11 Registrar of Bonds and Mortgages F12 Control of Charitable Funds F13 Reports by the Chief Officer Resouces G. ORDERING of SUPPLIES, WORKS & SERVICES; AND PAYMENT OF ACCOUNTS G1 Official Requisition and Orders G2 Exemption from Official Requisition and Orders G3 Central Purchasing and Standardisation G4 Check on Supplies, Works and Services Undertaken G5 Certification by Chief Officer G6 Separation of Duties G7 Authorised Signatures G8 Duplicate Invoices, etc. G9 Corporate Services (Finance) Service area Checks G10 Amendments to Payments Vouchers G11 Electronic Procurement G12 Employee Code of Conduct H. ACCOUNTING H1 Accounting Procedures and Records H2 Internal Checks
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Official H3 Year-end Accounting Returns H4 Year-end Final Accounts I. INTERNAL AUDIT I1 Continuous Internal Audit I2 Authority of Audit I3 Contract Audit I4 Business Irregularities J. CASH IMPREST AND PURCHASE CARDS J1 Provision of Imprest J2 Bank Accounts for Imprest Holders J3 Exclusion of Income Collected J4 Limit on Expenditure – Cash Imprest J5 Limit on Expenditure – Purchase Cards J6 Statement of Account - Imprest J7 Accounting for Purchase Card Expenditure J8 Termination as Imprest Holder / Purchase Card Holder J9 Insurance Cover K. CLAIMS FOR EXPENSES AND ALLOWANCES K1 Arrangements for Claims K2 Regulations for Elected Members Allowances & Expenses K3 Submission of Claims K4 Payment of Claims for Elected Members K5 Certification of Claims L. SALARIES, WAGES AND PENSIONS L1 Arrangements for Payments L2 Application of National Agreements L3 Notification L4 Appointments L5 Form and Certification of Records M. GRANTS, CONTRIBUTIONS AND SUBSCRIPTIONS TO OTHER BODIES AND PERSONS M1 Administration and Payment M2 Applications M3 Application of Section Q: The Procurement Financial Regulations N. CAPITAL REVENUE AND RENEWAL FUNDS N1 Policy for Administration N2 Council Consideration O. SECURITY
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Official O1 Responsibility for Security O2 Limits to Cash Holdings O3 Safe Keys O4 Computer Security O5 Pre-printed/Pre-signed Cheques, Etc. P. INSURANCE P1 Chief Officer Resources Responsible for Insurance P2 Notification of Risks P3 Notification of Claims P4 Fidelity Guarantee Insurance P5 Review of Insurance Cover Q. PROCUREMENT - CONTRACTS FOR SUPPLIES, WORKS, AND SERVICES Q1 Application of these Procurement Financial Regulations Q2 Standing Orders Q3 Pre-requisites for Procurement Q4 Value of Contracts Q5 Above £50,000 Disaggregation Q6 Contracts Governed by these Financial Regulations Q7 Specific Exemptions to these Financial Regulations Q8 Application of and Departure from the Requirements of these Financial Regulations Q9 Procurement Responsibility for Contracts Q10 Contract Strategy and Contract & Supplier Management Q11 Minimum Contract Provisions Q12 Contract Documents Q13 Supplementary Procedures Q14 Lists Q15 Compliance with Public Contracts Scotland Regulations 2015 and 2016 and EU Procurement Directives (if appropriate) Q16 Choice of EU Procurement Procedure Q17 Advertising and Publicity for Contracts Q18 Social Care and Other Specific Services Procurement Q19 Restricted Procedure Q20 Open Procedure Q21 Negotiated Procedure With / Without Prior Publication Q22 Competitive Procedure with Negotiation, the Competitive Dialogue Procedure and Innovation Partnerships Q23 Contracts Utilising Framework Agreement and Dynamic Purchasing System
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Official Q24 E-procurement Q25 Electronic Reverse Auctions Q26 Advanced Payments Q27 Contract Variation Q28 Contract Database Q29 Reports on Procurement Matters Q30 Payment Arrangements Q31 Pecuniary Interest of Members or Officers R. COMPLIANCE OF MEMBERS AND OFFICERS R1 Members Code R2 Officers Code R3 Scheme of Delegation R4 Other Regulations S. OBSERVANCE OF FINANCIAL REGULATIONS S1 Responsibility of Chief Officers S2 Breach of Regulations T. REVIEW OF FINANCIAL REGULATIONS T1 Review of Financial Regulations
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Official WEST DUNBARTONSHIRE COUNCIL – FINANCIAL REGULATIONS A GENERAL INTERPRETATION The Financial Regulations set out the framework for the proper administration, stewardship and control of West Dunbartonshire Council’s (the Council) financial affairs. They apply to all elected members, officers, services, committees, boards, joint arrangements, partnerships and any person or organisation acting on behalf of the Council. It is the duty of each Chief Officer to ensure all employees and agents of the Council are made aware of the Regulations and the requirement to comply with them. The Regulations form part of the Council’s wider governance framework and must be read alongside the Council’s Standing Orders, Scheme of Delegation, Anti-Fraud and Corruption arrangements, Treasury Management Strategy, Procurement Strategy and other relevant policies and procedures. These Regulations are made in accordance with Section 95 of the Local Government (Scotland) Act 1973, which requires every local authority to make arrangements for the proper administration of its financial affairs and to ensure the proper officer of the authority has responsibility for those affairs. The Chief Officer Resources has been designated as "the proper officer" and shall be responsible for advising the Council on financial matters including the determination of accounting policies. The fundamental principles of corporate governance should be reflected in all areas of the Council business including: • Public funds must be used lawfully, properly, economically, efficiently and effectively. • Financial decisions must support Best Value, sound governance, transparency and accountability. • Budgets must be realistic, approved, monitored and controlled. • Responsibility for authorising, recording, processing and reviewing financial transactions must be clearly separated wherever practicable. • Financial risks must be identified, assessed, managed and reported. • All officers and members must act with integrity and avoid conflicts of interest The Council has a statutory duty to secure Best Value in accordance with the Local Government in Scotland Act 2003. This requires the Council to make arrangements to secure continuous improvement in the performance of its functions while maintaining an appropriate balance between quality and cost, and having regard to economy, efficiency, effectiveness, equal opportunities requirements and sustainable development.
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Official All financial decisions, systems and procedures should support the achievement of Best Value by ensuring resources are planned, allocated, monitored and reviewed in a way that demonstrates sound governance, accountability, transparency and the effective use of public funds. A. FINANCIAL ADMINISTRATION A1 Responsibility of the Council The Council is responsible for monitoring its finances. A2 Elected Members Elected members are responsible for approving the Council’s budget, policy framework, financial strategy, treasury management arrangements and major financial decisions in accordance with the Council’s governance arrangements. Members must scrutinise financial performance and ensure the Council maintains effective stewardship of public resources. A3 Section 95 Officer The Section 95 Officer is the designated Officer responsible for the proper administration of the Council’s financial affairs under section 95 of the Local Government (Scotland) Act 1973. The Section 95 Officer role, undertaken by the Chief Officer Resources, is responsible, under the general direction of the Council for the proper administration of the Council’s financial affairs. It is the duty of the Council to make arrangements which secure best value, including continuous improvement in the performance of the authority’s functions. In addition to what is set out in these Regulations, the Section 95 Officer may issue financial instructions to amplify or clarify these Regulations. Other Chief Officers may also issue financial instructions relating to the functions and operation of their services, following consultation with the Section 95 Officer. A4 Depute Section 95 Officer In the absence of the Section 95 Officer the Finance Manager will act as the Section 95 Officer. A5 Section 95 Officer as Adviser As the Council’s financial adviser, the Chief Officer Resources will report to the Council with respect to the level of resources proposed to be utilised in each financial year and will keep the Council and relevant Committees informed with respect to its finances and financial performance. A6 Chief Officers Responsible for Resources Chief Officers (as defined as such within the Council’s Standing Orders) and Health and Social Care Partnership (HSCP) Heads of Service are responsible for the security, custody and control of all resources relating to their service areas including but not limited to buildings, plant, materials, cash and stores. A7 Chief Officers to Consult Section 95 Officer
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Official Each Chief Officer and HSCP Heads of Service must consult the Chief officer Resources before incurring any provisional or other commitment, or before reporting to the Council or to a committee, on any matter that is likely to have a material impact on the Council’s finances. Matters covered by approved budgets are excluded from this requirement. The question of materiality will be the subject of consultation with the Chief Officer Resources and, if appropriate, the Chief Executive. Any guidance issued on materiality will form part of these Regulations. A8 Role of Chief Executive, Chief Officers and the Chief Officer of the Health & Social Care Partnership (H&SCP) Unless otherwise stated, the title “Chief Officer” applies also to the Chief Executive and the Chief Officer of the HSCP for the purposes of describing their role in relation to these Regulations. EMERGENCY AUTHORITY Where an emergency makes it impossible to obtain the necessary Committee approval in terms of the Financial Regulations or Standing Orders before committing the Council to expenditure, the following action must be taken: Where there is immediate danger to life or property, or a need to prevent suffering or severe inconvenience, all necessary steps should be taken to remove the immediate danger. Homologation of the action taken should be obtained from the next available Committee. In other emergencies the Chief Executive must be advised of the following, prior to works being carried out or any other appropriate action taken, or any commitment being entered into: (a) The nature of the problem. (b) The likely consequences of delay. (c) Approximate costs and timescale involved. (d) Longer term solutions (where appropriate). The Chief Officer Resources and the Council Leader must be advised at the earliest opportunity of the above matters and of any action taken. In all such cases, the Chief Executive is authorised to approve or not to approve the proposed action. Quotes should be obtained where practicable. A retrospective advisory report must be submitted to Committee at the earliest opportunity. B. ESTIMATES B1 Form of Estimates Subject to the direction of the Council, the detailed form of capital and revenue estimates shall be determined by the Chief Officer Resources in accordance with normal professional practice. B2 Preparation of Estimates It shall be the duty of the Chief Officer Resources to:
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Official • prepare a revised Long-term Finance Strategy for the Council to be reviewed at least once every three years, with this supplemented by updated budget forecasts being presented to Council at least three times a year • prepare annual revenue and capital estimates for all services of the Council, including such supporting information, assumptions, risks and funding proposals as are necessary to support informed decision- making. Chief Officers must provide the Chief Officer Resources, by the dates and in the format specified, with all necessary information required to prepare the estimates for their service areas/services, including pressures, saving proposals, income assumptions, grant funding, service risks, workforce implications and any other matters likely to have a financial impact. B3 Determination Process Following preparation, the estimates will be collated and considered in the guidelines as agreed by the Council. After consideration, the estimates and any recommendations, financial assumptions, risks and supporting information will be submitted to the Council, together with a report by the Chief Officer Resources, for consideration in setting budgets, Council Tax and rent increases, in line with the timelines agreed by Council. B4 Report on the Estimates The Council will consider the estimates, make any amendments it considers appropriate, and approve the revenue budget, capital programme and associated funding arrangements. The inclusion of items in approved revenue or capital budgets will constitute authority to the relevant officer, in terms of the Scheme of Delegation, to incur that expenditure. The Council will determine the level of Council Tax and Council Housing rent levels. B5 Long Term Capital Programme A capital programme will be prepared annually by the Chief Officer Resources, in consultation with Chief Officers and having regard to the Council’s asset management arrangements, capital investment priorities, affordability, funding availability and deliverability. The programme will be submitted through the appropriate governance route, including consideration by the Strategic Asset Management Group and thereafter by the Corporate Management Team, before submission to the full Council for approval. The Council will review and approve the capital programme, as required. Any amendments to the Capital Programme during the financial year will be reported to Council through the Capital Budgetary Control Reports with Council approval required for any increase in capital expenditure. In preparing and approving the capital programme, the Council will have regard to the CIPFA Prudential Code for capital finance in local authorities. The key objectives are to ensure that capital investment plans are affordable, prudent and sustainable; that treasury management decisions are taken in accordance with good professional practice; that capital planning is supported by proper business case development and option appraisal and consistent with Best
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Official Value. The Code sets out minimum prudential indicators which must be used and factors that must be taken into account. B6 Authority to Proceed with Capital Projects Save as provided in this Regulation B6, the inclusion of a project in the capital programme does not itself, authorise expenditure. Standing Orders will be applied and any required Council approval given prior to any expenditure. Recurring capital budgets included in the approved capital programme may be incurred without further project-specific approval where the nature and purpose of the expenditure have already been approved. New capital projects or material changes to existing projects included in the capital programme are subject to the approval of an appropriate business case by the Strategic Asset Management Group (SAMG) before being submitted to Council for approval, as required by the Council’s governance arrangements. B7 Urgent Updates to Capital Programmes Where an unforeseen issue would materially alter the assumptions, cost, funding, scope, timing or deliverability of an approved capital programme and approval is required prior to the next appropriate Council, then the relevant Chief Officer, following consultation with and approval by the Chief Executive, Chief Officer Resources and the relevant Convener, may amend the programme necessary. Any such amendment must be reported to the next appropriate meeting of the Council and relevant Committee as part of the usual Budgetary Control Reporting and monitoring arrangements. C. CONTROL OF EXPENDITURE C1 Need for Budgetary Provision No expenditure may be incurred unless included in the approved annual estimates or authorised by a supplementary estimate approved by the Council after the submission of a report thereon. All expenditure must be lawful, properly authorised, supported by available resources and consistent with the principles of Best Value. C2 Virement Revenue Virement is the approved transfer of budget provision between subjective headings (types of expenditure), income headings, services, service areas or between capital projects. Virement may be exercised as outlined below: • Chief Officers may vire between subjective headings within a service to a maximum of £100,000 with the approval of the Chief Officer Resources. Any virement above £100,000 requires the approval of the Chief Officer Resources and the relevant Committee.
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Official • Chief Officers may vire between services within their service areas with the approval of the Chief Officer Resources and the relevant Committee or Council (e.g. in a virement that affects more than one Committee). • Chief Officers may vire between service areas only with the agreement of all Chief Officers concerned; the approval of the Chief Officer Resources and the relevant Committees or Council. • All virements will be treated as permanent budget changes, i.e. carried forward into future years, unless they are specifically highlighted as being ‘one-off’ at the time the virement is requested. • Head Teachers are constrained as to their powers as set out in the Delegated Management of Resources Scheme (DMR), such virements are not regarded as permanent. Capital • Chief Officers may vire between approved capital projects up to a maximum of £100,000 with the agreement of all Chief Officers concerned and the approval of the Chief Officer Resources, providing the virement does not materially alter the approved scope, funding strategy or deliverability of the projects affected. • Any capital virement above £100,000 requires the agreement of all relevant Chief Officers, the approval of the Chief Officer Resources, in consultation with the relevant Service Convener, and approval by Council. • A Chief Officer may exercise virement in either the revenue or capital budget to meet any immediate need arising from an emergency, subject to notifying the Chief Officer Resources, Chief Executive, Leader and/or Depute Leader and relevant Service Convenor of the action taken. This will be reported to Council or Committee in line with the Standing Orders, Scheme of Delegation and these Financial Regulations. C3 Updates to Capital Programmes In line with regulation B7 above, such changes to the capital programme will not constitute a virement and the process for authorisation of such a change is as described at B7. C4 Overspends Where it appears that the approved expenditure within any service area may be significantly exceeded or the amount of approved income may fall significantly short of the estimate, the relevant Chief Officer must consult with the Chief Executive and the Chief Officer Resources, and report the estimated variance, the reason for it, the financial and service implications, and the options for corrective action to the Council or relevant committee. C5 Report on Capital and Revenue Schemes No capital work outwith the approved capital programme, (unless agreed by the Chief Executive as relatively minor and of an urgent nature), and no major revenue project (even where included in the annual estimates) may commence
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Official unless it has been reported by the relevant Chief Officer to the Strategic Asset Management Group where applicable for capital projects, and to the relevant service Committee or Council for approval. C6 Loan Consents Subject to C5 above, no capital expenditure will be incurred unless the relevant Chief Officer has confirmed that the expenditure is included within the approved capital programme and is covered by appropriate resources. C7 Responsibility for Budgetary Control (i) Chief Officer Resources: The Chief Officer Resources is responsible for providing Chief Officers with regular budget monitoring information, normally every two to three months, comparing approved budgets with actual and forecast income and expenditure for each service area. The Chief Officer Resources will submit regular monitoring reports to the Council and Service Committees, a statement comparing expenditure and income with the approved budget. Highlighting material variances, in excess of £50,000, financial risks and proposed corrective actions. (ii) Chief Officers: Each Chief Officer is responsible for managing income and expenditure within the approved budget for their service area and to ensure expenditure is properly authorized, necessary, affordable and consistent with these Financial Regulations. Each Chief Officer will provide the required information to the Chief Officer Resources to inform the regular monitoring reports referenced at C7 (i). Where it is forecast the total income or expenditure for a Service or a capital project is likely to vary materially from the approved budget, the relevant Chief Officer, after consultation with the Chief Officer - Resources, will inform the Council or relevant Service Committee and report any corrective action necessary to avoid exceeding the budget allocation for a service or a capital project. D. CONTROL OF INCOME D1 Determination and Alteration of Charges Charges for Supplies, Works or Services supplied by the Council must not be introduced, varied or withdrawn without the approval of the Council (or appropriate Service Committee where authority has been delegated), unless an alteration is required arising from a change in legislation. D2 Accounting Arrangements The Chief Officer Resources is responsible for ensuring that financial and accounting arrangements are in place for the proper recording of all monies due to the Council and for the proper collection, custody, control, banking and control of all cash received by all service areas of the Council.
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Official D3 Notification of Income to Chief Officer Resources The general expectation is that service users will pay for services provided by the Council either in advance or at the point of delivery. Where this is not practicable details of charges requiring to be invoiced to service users must be promptly notified to the Chief Officer Resources in a form approved by him. All accounts for income due to the Council shall be issued by or under arrangements approved by the Chief Officer Resources. D4 Write-Offs Individual sums due to the Council and exceeding £5,000 (excluding VAT) must not be written-off without consideration by the appropriate service Committee or Council. Sums up to £5,000 may be written off on the authority of the Chief Officer Resources if satisfied that the debt cannot reasonably be recovered. D5 Benefit Overpayment An overpayment of Housing Benefit or Council Tax Reduction will be recoverable, except when arising from a “technical error” and where the claimant (or someone acting on their behalf) could not reasonably have been expected to realise that an overpayment had occurred. D6 Treatment of Money Collected All employees handling receipts of cash should be aware of the Council’s Money Laundering Procedures. All funds received on behalf of the Council in any service area and in any form shall be deposited with the Council’s bankers in accordance with arrangements approved by the Chief Officer Resources. No deduction may be made from such funds unless specifically authorised by the Chief Officer Resources. D7 Forms, Books and Tickets All official forms, books and tickets for the disbursement and collection of monies, whether these are electronic-based or paper-based, shall be in a form approved by the Chief Officer Resources. D8 Personal Cheques and Purchase Cards Personal cheques must not be cashed out of the money held on behalf of the Council. Council purchase cards must only be used for authorized Council business and must not be used for personal purposes. D9 Transfers of Money All transfers of official money from one employee to another will be evidenced in the records of the service areas concerned and acknowledged by the signature of the receiving officer. D10 Grant Funds Chief Officers must provide the Chief Officer Resources with all information necessary to identify, claim, record, monitor and comply with the terms and conditions of grants due to the Council. Grant income must be used only for the purposes for which it has been awarded, unless otherwise permitted by the grant conditions.
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Official E. STORES, INVENTORIES AND COSTINGS E1 Costing Systems and Stores Control Arrangements established by Chief Officers for costing systems, stock control and stores management must be approved by the Chief Officer Resources. These arrangements must be reviewed annually by the relevant Chief Officers to ensure they remain effective and consistent with the Council’s financial management requirements. E2 Custody of Stores and Stocktaking Each Chief Officer is responsible for the care, custody, security and control of stores and equipment within their service area. Chief officers must ensure that stocktaking is carried out at regular intervals as agreed with the Chief Officer Resources, and appropriate records are maintained. E3 Write-Offs or Surpluses of Stock No entries will be made, in the records, to write-off stock deficiencies or to bring surpluses into account unless authorised by the Chief Officer Resources, who may refer such adjustments to the Council. The Chief Officer Resources may issue guidance, from time to time, on this subject and such guidance will form part of these Regulations. E4 Disposal of Surplus Plant, Equipment, furnishings, materials, etc. Usable surplus plant, equipment, furnishings, materials and similar items must not be disposed of without prior consultation with the Chief Officer Resources. Where such items are no longer required by the holding service area, consideration must first be given to whether they can be used by another service area. If no internal use can be identified, the items should be advertised for sale, where appropriate. Where sale is not practicable, the items may be offered to community groups, subject to ensuring that they are safe, fit for purpose and disposed of in accordance with any relevant legal, financial, procurement or asset management requirements. E5 Inventories All service areas will maintain inventories of furniture, fittings, equipment (including IT equipment), plant, machinery and other assets as determined by the Chief Officer Resources. E6 Stock Levels Stocks and stores must not be held in excess of normal requirements except in special circumstances and with the approval of the committee concerned. Stock levels should be reviewed regularly to ensure that holdings remain necessary, economical and proportionate. F. BANKING, CONTROL OF CHEQUES, BORROWING, INVESTMENT AND TRUST FUNDS F1 Arrangements with Bankers
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Official All arrangements with the Council’s Bankers relating the Council’s bank accounts must be made by, or under arrangements approved by, the Chief Officer Resources. F2 Payments into Bank All funds received on behalf of the Council must be paid into the Council’s bank account daily or at other intervals approved by the Chief Officer Resources. F3 Cheque Control All cheques must be ordered, controlled and issued on behalf of the Council by, or under arrangements approved by, the Chief Officer Resources. Cheques must be signed, digitally authorised or otherwise the Chief Officer Resources, or by another officer authorised by him to do so. F4 Code of Practice on Treasury Management The Council adopts CIPFA’s “Code of Practice for Treasury Management in the Public Services”. F5 Treasury Policy Statement The Council will approve a Treasury Management Strategy, including the annual investment strategy and associated prudential and treasury indicators, before the start of each financial year or as otherwise required by legislation, statutory guidance or professional codes. F6 Aggregation All funds (other than miscellaneous balances such as imprest accounts, cash floats and deposit receipts) in the hands of the Council shall be aggregated for the purposes of treasury management and shall be under the control of the Chief Officer Resources. F7 Delegation to Section 95 Officer All executive decisions on borrowing, investment or financing shall be delegated to the Chief Officer Resources, or through him to his staff, who shall be required to act in accordance with CIPFA’s ‘Code for Treasury Management in Local Authorities’ and the Council’s approved Treasury Management Strategy, treasury management practices, prudential indicators and any relevant statutory guidance. F8 Investments All investments of funds under the Council’s control shall be made in the name of the Council or in the names of nominees approved by the Council and comply with the Council’s Investment Strategy, as approved by Council annually. F9 Borrowing All borrowing must be undertaken in the name of the Council and in accordance with the Council’s approved Treasury Management Strategy, capital financing requirements, prudential indicators and any relevant statutory guidance.
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Official F10 Deposit of Trust Funds All persons acting as trustees shall deposit all securities, funds, etc., relating to the Trust with the Chief Officer Resources unless the trust deed provides otherwise. Thereafter these funds will be invested as appropriate. F11 Registrar of Bonds and Mortgages The Chief Officer Resources shall be the Council’s registrar of stocks, local bonds and mortgages, except where an external Registrar is appointed by the Council. The Chief Officer Resources must maintain proper records of all borrowing of funds undertaken by the Council. F12 Control of Charitable Funds The Chief Officer Resources must ensure the proper and safe custody, administration and control of all charitable funds held by the Council. Expenditure from such funds must be made only in accordance with the relevant trust deed, charitable purpose, applicable law and any conditions attached to the fund. F13 Reports by Chief Officer Resources The Chief Officer Resources will submit the Treasury Management Strategy, including the annual investment strategy and associated prudential and treasury indicators, to the Council for approval before the start of each financial year. The Chief Officer Resources shall report (as a minimum) twice annually to the Council on the Treasury Management operation and on the exercise of the Treasury Management powers delegated to him. One such report shall be a mid-year update and the other shall be the Annual Treasury management Report for presentation by 30 September following the end of the financial year to which it relates. G. ORDERING OF SUPPLIES, WORKS & SERVICES; AND PAYMENT OF ACCOUNTS The Council’s Purchase to Pay Framework must be read in conjunction with these Financial Regulations and complied with, when a contract for works, supplies and services is being procured or paid for. G1 Official Requisitions and Orders All Supplies, Works and Services supplied to, or carried out for, the Council shall be ordered or confirmed by means of an official requisition or order, unless an exemption applies under G2. Official requisitions and orders must be raised through a system approved by the Chief Officer Resources and authorised only by officers approved by the relevant Chief Officer. Each Chief Officer must review authorised officers regularly to ensure that access and approval limits remain appropriate. G2 Exemption from Official Requisition or Order An official requisition or order is not required for supplies of public utility services, recurring or periodical payments (such as professional subscriptions), petty cash purchases or point of sale corporate purchase card transactions
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Official such as travel expenses, sustenance, event bookings or venue reservations where pre-payment is required. The procurement requirements of Section Q of these Financial Regulations still apply. G3 Central Purchasing and Standardisation Each requisition and order shall comply with any directions of the Council with respect to central purchasing, approved contracts and the standardisation of supplies, works and services. G4 Check on Supplies, Works and Services undertaken Each Chief Officer must ensure that all supplies, works and services received or undertaken are checked against the relevant requisition, order, contract or agreement and are confirmed as satisfactory in respect of quantity, quality, price and performance before payment is authorised. G5 Certification by Chief Officer Each Chief Officer must ensure that payment vouchers and invoices are certified only when the following requirements have been met: • the Supplies, Works or Services to which the account relates have been received, carried out, examined and approved and are in accordance with the relevant order, contract or agreement • the prices, extensions, calculations, trade discounts, other allowances, credits and tax treatment are correct • the expenditure has been properly incurred, is within approved budget provision and complies with standing orders, the scheme of delegation, procurement requirements and authorised expenditure limits have been observed • appropriate entries have been made in inventories, stores records or asset records books where required • the correct expenditure code, cost centre or project code are entered on the document for payment. Officers who authorise payment vouchers or invoices should be familiar with the general VAT rules of the Council as defined within the VAT Guidance and must ensure that VAT is treated correctly. Once approved the voucher or invoice, must be processed through the approved system, for payment. G6 Separation of Duties Each Chief Officer must ensure that appropriate separation of duties is maintained between officers who raise or authorise requisitions and orders, those who confirm receipt of goods, works or services, and those who certify invoices for payment. Certification may be completed by an authorised officer through a manual or electronic process, or through electronic invoice matching within a system approved by the Chief Officer Resources.
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Official G7 Authorised Signatories The Chief Officer Resources will maintain approved records of officers authorised to certify payment vouchers or invoices in each service area. Where manual certification is used, specimen signatures may be required. Where electronic systems are used, authorisation will be controlled through approved system access, workflow and approval limits. G8 Duplicate Invoices, etc. Payment will not be made from duplicate, replacement or copy invoices unless the Chief Officer (or other officer delegated authority to do so by the Chief Officer) confirms on the appropriate batch slip that the amounts have not been previously paid. G9 Further Invoice Checking The Chief Officer Resources shall supplement the service area checks on payment of accounts as he considers necessary. G10 Amendments to Payment Vouchers Any amendment to a payment voucher or invoice must be clear, authorised and supported by an audit trail. Where amendments are made manually, they must be made in ink, initialled by the officer making the amendment and accompanied by a brief explanation where the reason is not self-evident. G11 Electronic Procurement The above requirements apply equally to orders and payments made through approved electronic systems including purchase cards. Each Chief Officer must ensure that all staff using electronic approved systems comply with the relevant authorisation levels, approval workflows, system controls and thresholds embedded within the systems. G12 Employee Code of Conduct All employees involved in purchasing supplies, works or services must comply with the Employee Code of Conduct and all relevant procurement policies, procedures and guidance issued by the Procurement Manager. Officers must also comply with guidance on gifts, hospitality and declarations of interest. H. ACCOUNTING H1 Accounting Procedures and Records All accounting procedures, accounting records and financial systems of the Council shall be determined by, or approved by the Chief Officer Resources. The Council’s accounts and accounting records must be compiled by, or under the direction of, the Chief Officer Resources in accordance with proper accounting practice and statutory requirements.
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Official H2 Internal Checks The provision of information about sums due to or by the Council and the process of calculating, checking and recording these sums, shall be separated as completely as possible from the duty of collecting, disbursing, or authorising payment of such sums. Officers charged with the duty of examining and checking the accounts of cash transactions shall not themselves be engaged in any of these transactions. H3 Year End Accounting Returns Chief Officers must submit the following information to the Chief Officer Resources annually by the dates specified: • year-end inventories of stocks, stores and plant in hand at the year-end • inventories of equipment and furnishings in hand at the appropriate date • year-end cash imprest statements and reconciliations • details of sums due to or by the Council and remaining unpaid at the year- end • any other information necessary to close the Council’s accounts at the year end and support the completion, audit and publication of the Council’s annual accounts. H4 Year-End Final Accounts Chief Officers must provide all information requested by the Chief Officer Resources and comply with deadlines set for the completion, audit and publication of the Council’s annual accounts. I. INTERNAL AUDIT AND VALUE FOR MONEY I1 Continuous Internal Audit The Internal Audit Service is a statutory assurance function that provides an independent and objective opinion to the organisation on the adequacy and effectiveness of the control environment. The control environment comprises the systems of governance, risk management and internal control. The remit of the service is to objectively examine, evaluate and report on the adequacy of internal control as a contribution to the proper, economic, efficient and effective use of resources throughout the Council’s activities. A continuous internal audit, under the independent control and direction of the Chief Officer Resources, as described in the Council’s Internal Audit Charter and in accordance with the Public Sector Internal Audit Standards (PSIAS), shall be undertaken. I2 Authority of Audit The Chief Officer Resources or his authorised representatives shall have authority to: • enter any Council premises or land at all reasonable times. • have access to all records, documents, correspondence, systems and data relating to financial and other transactions of the Council
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Official • require and receive explanations concerning any matter under examination • require any employee of the Council to produce cash, stock, equipment or any other Council property under his/her control. All requests for information, records, files or explanations made by Internal Audit to officers or Members shall be provided within the timescales specified by Internal Audit. Further governance in relation to the provision of the Internal Audit Function is detailed in the Internal Audit Charter which is approved by the Council’s Audit Committee. I3 Contract Audit The Audit Manager or an authorised representatives, subject to the consent of the Chief Officer Resources, shall have authority to engage the services of professional persons from appropriate Council service areas to assist in the examination of contracts under review or investigation by Internal Audit. I4 Business Irregularities/Disciplinary Policy The Council’s procedure on business irregularities is contained as an appendix in the Council’s Disciplinary Policy. Where it is suspected or known that business irregularities have occurred including misappropriation or embezzlement of monies, materials etc, fraudulent activity, misuse of Council resources or other improper conduct, the Council Business Irregularity Procedure must be followed. The matter must be reported immediately to the Chief Officer Resources and the Chief Officer People and Technology, who will contact Internal Audit for further details on how to proceed (including determination of who will carry out any subsequent investigation). Where any suspicion relates to maladministration the matter should also be reported to the Council’s Monitoring Officer. All Chief Officers must make arrangements within their own service area to ensure that, where it is suspected or identified that business irregularities have or may have occurred, the matter will be reported immediately to the Chief Officers – Resources / People and Technology. Examples of such irregularities include but are not limited to: • misappropriation or embezzlement of funds, materials etc. placed in the employee’s charge • intentional distortion, falsification or concealment of records for any fraudulent or improper purposes • misuse of the Council’s ICT infrastructure including systems, data and information. Anonymous allegations and all categories of protected disclosure identified within the Council’s Policy in relation to the Public Interest Disclosure Act 1998 are covered by these Regulations.
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Official J. CASH IMPRESTS AND PURCHASE CARDS J1 Provision of Imprest The Chief Officer Resources may provide cash imprest accounts, cash floats and purchase cards as he considers appropriate to officers of the Council for the purposes of defraying petty cash and other authorised expenditure. J2 Bank Accounts for Imprest Holders The Chief Officer Resources may open bank accounts for imprest holders where it is considered appropriate and in no circumstances shall the imprest holder overdraw the account. It shall be a standing instruction to the Council’s bankers that an imprest holder’s account shall not be overdrawn. Bank accounts may not be opened or amended by any officer other than the Chief Officer Resources, or his nominated deputes. J3 Exclusion of Income Collected Income received on behalf of the Council must not be paid into an imprest account but must be banked or paid to the Council in accordance with these regulations. Any bank interest earned on, or charges applied to, an imprest account must be remitted separately and immediately to the Chief Officer Resources and will not be left in the imprest bank balance. J4 Limit on Expenditure – cash imprest Payments must be limited to minor items of expenditure and any other items approved by the Chief Officer Resources. J5 Statement of Account – Imprest An officer responsible for an imprest account must, when requested, give to the Chief Officer Resources a certificate of the balance on his/her imprest account in line annual guidance issued by the Chief Officer Resources. Payments must be supported by a receipted voucher (with appropriate VAT information as required) where required by the Chief Officer Resources. J6 Limit on Expenditure – Purchase Cards Individual officers shall have limits placed on the use of purchase cards in terms of purpose and value of expenditure, by transaction and in total per month. J7 Accounting for Purchase Card Expenditure Relevant officers must review and approve all expenditure on the online purchase card system, in accordance with the published timetable. Payments must be supported by a receipted voucher (with appropriate VAT information as required) as required by the Chief Officer Resources. J8 Termination as Imprest Holder / Purchase Card Holder Imprest: on leaving the employment of the Council or otherwise ceasing to be entitled to hold an imprest advance, the officer must account to the Chief Officer Resources for the amount advanced and return any balance in accordance with arrangements approved by the Chief Officer Resources.
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Official Purchase Cards: on leaving the employment of the Council or otherwise ceasing to be authorised to hold a Purchase card relevant officers shall surrender their purchase card to their line manager, who will advise Chief Officer Resources immediately of the change to allow the card to be cancelled and access removed. J9 Insurance Cover The Chief Officer Resources will ensure that appropriate insurance cover is obtained for all cash imprest accounts and purchase card accounts and for the officers responsible for them, where cover is required. K. CLAIMS FOR EXPENSES AND ALLOWANCES K1 Arrangements for Claims The Chief Officer People and Technology in consultation with the Chief Officer Regulatory and Regeneration is responsible for making arrangements for the administration and regulation of claims for expenses and allowances to Members, employees of the Council and other approved bodies. K2 Regulations for Elected Members Allowances and Expenses The Chief Officer Regulatory and Regeneration shall at all times make the current regulations on expenses and allowances available to Members. K3 Submission of Claims All claims for payment of travelling allowances, subsistence allowances, car allowances and incidental expenses must be submitted via the Council’s HR and Payroll system (or directly via payroll where system access is unavailable) to an authorised officer (usually line manager) at regular intervals for approval. Such payments must not be made from imprest accounts without the express authority of the Chief Officer Resources. All such expenses shall as far as practicable be paid through approved payroll processes, or as approved through use of Council purchase card. K4 Payment of Claims for Elected Members Payments to Members, of claims for expenses and allowances, will be made by the Chief Officer People and Technology upon receipt of the required information duly completed. Expense claims should be submitted no later than three months from date of expenditure being incurred. K5 Certification of Claims The certification of claims shall mean that the certifying officer is satisfied that the journeys were authorised, the expenditure properly and necessarily incurred and that the allowances are properly payable by the Council. L. SALARIES, WAGES AND PENSIONS L1 Arrangements for Payments The payment of salaries, wages, pensions, compensation and other emoluments to all employees or former employees of the Council shall be
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Official made by the Chief Officer People and Technology or under arrangements approved and controlled by them. L2 Application of National Agreements The Chief Officer People and Technology is responsible for the application of all appropriate wages and salary agreements to all employees of the Council, elected members and relevant partner bodies (i.e. West Dunbartonshire Leisure Trust and Dunbartonshire and Argyll and Bute Valuation Joint Board). L3 Notification The Chief Officer People and Technology must be notified as soon as possible, in an agreed form, of all matters affecting employment related payments in particular: • appointments, resignations, dismissals, suspensions, secondments and transfers • absences from duty for sickness or other reasons, apart from approved leave • changes in remuneration, pay awards and agreements of general application • information required to maintain records of service for superannuation, income tax and national insurance. The Chief Officer, People & Technology will keep all Chief Officers informed about changes in conditions of service, pension benefits and other related matters. L4 Appointments Appointments of all employees shall be made in accordance with the regulations of the Council and the approved establishments, grades and rates of pay. L5 Form and Certification of Records Time records or other pay documents must be in a form prescribed or approved by the Chief Officer People and Technology. Approval of pay documents will be provided electronically through workflow procedures established within the Council’s Workforce Management System. M. GRANTS, CONTRIBUTIONS AND SUBSCRIPTIONS TO OTHER BODIES AND PERSONS M1 Administration and Payment All grants (other than Common Good and Community Chest), contributions and subscriptions must be administered through processes approved by the Chief Officer Resources, under delegated powers, and in consultation with the relevant Committees. For the Common Good Fund, Corporate Services Committee will set the budget and determine the majority of the grants to be paid. Any remaining
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Official Common Good funds available for grant payment will be administered and paid by the Chief Officer Resources in consultation with the Corporate Services Committee, except where the Council specifies alternative arrangements. Community Chest grants will be administered and paid by the West Dunbartonshire Community Volunteer Service and reported in detail to the Corporate Services Committee annually. M2 Applications All applications for grants and subscriptions must be accompanied, where appropriate by them applicant organisation’s accounts and any other relevant information required to support assessment of the application. The Chief Officer Resources may be asked to report on such information where required. M3 Application of section Q: Procurement Financial Regulations When awarding grants which may involve the delivery of Supplies, Works and Services, due consideration must be given to the provisions of section Q of these Financial Regulations, regardless of the source and/or nature of any funding provided. M4 Real Living Wage The Scottish Government’s default position is that, from 1 July 2023, all Council grant recipients via Scottish Government funding will be required to pay at least the real Living Wage and provide appropriate channels for effective workers' voice as a minimum standard. The Council must maintain a record of any agreed exemptions and provide updates to the Scottish Government in the format and timescale to be advised by the Fair Work Policy team. N. CAPITAL, REVENUE AND RENEWAL FUNDS N1 Policy for Administration The Council will determine the policy on the administration and use of capital, revenue and renewal funds. N2 Council Consideration The Council, at the consideration of the budget, shall take into account the allocation of resources, and the approved policy for their use. O. SECURITY O1 Responsibility for Security Each Chief Officer is responsible for maintaining appropriate security arrangements for all buildings, stock, stores, furniture, equipment, cash, information and other assets under their control. They must consult the Chief Officer Resources where security arrangements are considered defective or where special security arrangements may be required. Regular review of such security arrangements shall be carried out by the Chief Officers. Responsibility
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Official for information security rests with Chief Officer Regulatory and Regeneration and responsibility for ICT security rests with the Chief Officer People and Transformation. O2 Limits to Cash Holdings Maximum limits for cash holdings must be agreed with the Chief Officer Resources and must not be exceeded without their express approval. O3 Safe Keys Keys to safes and similar receptacles are to be securely held by those responsible for them at all times. The loss of any such keys must be reported immediately to the Chief Officer Resources. A register of all such key-holders will be kept by each Chief Officer. O4 Computer Security The Chief Officer People and Technology is responsible for maintaining appropriate security and privacy as regards information held in the Council’s computer installations or for their use. Each Chief Officer is responsible for ensuring that information held within their respective service area is managed securely and in accordance with the Council’s policies and procedures.. O5 Pre-printed and Pre- signed Cheques, etc. The Chief Officer Resources is responsible for ensuring that secure arrangements exist for pre- printed/pre-signed cheques, stock certificates, bonds and deeds and other financial documents. P. INSURANCE P1 Chief Officer Resources Responsibility for Insurance Subject to the general supervision of the Council, the Chief Officer Resources will arrange and maintain appropriate insurance cover for all Council activities. They will also manage and negotiate insurance claims, in consultation with Chief Officers, where necessary. P2 Notification of Risks Chief Officers must promptly notify the Chief Officer Resources of all new or increased risks, including changes to properties, vehicles, equipment, activities, contracts or service delivery arrangements, and of any deletions or reductions in risk affecting their service areas. P3 Notification of Claims Chief Officers will immediately notify the Chief Officer Resources in writing of any loss, liability or damage or any event likely to give rise to an insurance claim. P4 Fidelity Guarantee Insurance All appropriate employees of the Council will be covered by fidelity guarantee insurance.
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Official P5 Review of Insurance Cover The Chief Officer Resources will periodically review all insurance arrangements in consultation with the Chief Officers as appropriate, to ensure cover remains adequate and aligned to the Council’s risk profile. Q. PROCUREMENT: CONTRACTS FOR SUPPLIES, WORKS AND SERVICES (THE PROCUREMENT FINANCIAL REGULATIONS) Interpretive Note There are, throughout Section Q of the Financial Regulations, references to EU Directives, EU Procurement Law and OJEU. Some of these references remain in the main regulations relating to Regulated Procurement - the Public Contracts (Scotland) Regulations 2015. Therefore where they appear in the Financial Regulations, they shall be deemed to refer to the applicable provision or requirement in terms of the Public Contracts (Scotland) Regulations 2015. Q1 Application of these Procurement Financial Regulations Except where an explicit decision by a meeting of Council or a Committee having delegated authority for the matter in question exists, these Financial Regulations will apply subject to the undernoted further caveats. Where strict application of these Procurement Financial Regulations would be likely to place the Council in conflict with any applicable law, the Procurement Financial Regulations will be read with the omission of any offending provision and in the manner which best protects the Council’s interests. For the avoidance of doubt, no failure to comply with these Procurement Financial Regulations will have any negative bearing on the vires of any action or the validity of any Contact following on such action where the action would otherwise be within the Council's powers and the Contract would otherwise be valid. Q2 Standing Orders These Procurement Financial Regulations shall be read in conjunction with and subject to the provisions of Parts III and Part IV of the Standing Orders relating to Officers Delegated Powers and to Procurement, Contracts and Tendering respectively. No provision in these Procurement Financial Regulations will be taken to extend or limit the vires of the Council to act in a manner which conflicts with the natural meaning of the Standing Orders. As provided for in Section S of these Financial Regulations, all Officers of the Council are required to adhere to their terms. In the event of any conflict between these Procurement Financial Regulations and Standing Orders, the provisions of the Standing Orders will have precedence. However, this provision will not have the effect of removing the requirement to comply with these Procurement Financial Regulations simply on the basis of that permissive provision of the Standing Orders does not specify
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Official any qualification or condition on its application. Where these Procurement Financial Regulations contain provisions which qualify or place conditions on any permission granted in any Standing Order, officers shall have regard to such permission as so qualified or made conditional. Q3 Pre-requisites for Procurement No procurement activity will commence unless, and until, each of the following conditions have been met: • Sufficient budgetary provision exists (Capital, Revenue or both) in terms of the Standing Orders and these Financial Regulations; • Express Council, Committee or other relevant delegated authority has been granted in accordance with Standing Orders or the Council's Scheme of Delegation, (noting that the threshold for this approval is of a higher value than Q6.2 below and that approval can also be sought for subsequent delegation of approval of contract award from committee to relevant Chief Officer where award is within original specification and budget). • For procurement assessed as medium to high complexity and for procurement with a value above the thresholds in Standing Order 36.4, (other than emergency placements for social care, or education), a commodity / contract strategy, in a format approved and signed by the Procurement Manager, has been agreed. Q4 Value of Contracts 1. In estimating the value of a contract for the purposes of these Procurement Financial Regulations, the following direct and indirect costs (total cost of ownership “TCO”) must be accounted for: a. The capital cost of the acquisition of any assets, relevant revenue costs and one-off payments e.g. for acquisition of licenses. b. External training costs for training which requires to be undertaken as a direct result of the supplies, works or services acquired under the contract. c. Support services provided by or through the supplier on an ongoing basis for the duration of the contract. Where the period of required support is indefinite, the estimate should be based a period of 48 months. d. Additional third party works, supplies or services, associated with, or necessary to support the contract and its deliverables. e. Annual recurring maintenance or license costs associated with the contract and its deliverables. f. Disposal costs of any supplies at the end of the supplies’ useful life. g. The value of any works concession or service concession to the Council. The value of a works concession or service concession
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Official contract is calculated by the value of the benefit to the supplier in terms of revenue / turnover rather than the rebate coming back to the Council. 2. If there is any doubt regarding the appropriateness of the inclusion of any cost in the contract value estimate, the Procurement Manager must be consulted. 3. For every schedule of rates contract, following discussion with the Procurement Manager, the Chief Officer of the procuring service shall set an indicative total value for the contract prior to procurement documentation being issued. If there is any doubt about the anticipated duration of the continuing supply, the Procurement Manager must base the estimate of the value of the contract on a period of 48 months. Q5 Above £50,000 Disaggregation It is not permitted to deliberately divide any procurement exercise or divide into two or more contracts if the intention in doing so is to avoid the application of any financial thresholds in these Procurement Financial Regulations, Standing Orders, Domestic Law or the EU Procurement Directives (if appropriate). Q6 Contracts Governed by these Financial Regulations 1. In these Procurement Financial Regulations, the word “contract” will apply to any arrangement for provision of works, supplies or services to the Council including in so far as relevant, any framework agreement or dynamic purchasing system; either solely or along with others, either written or unwritten by which, legally enforceable rights and responsibilities are created for the parties to the arrangement. 2. Subject as undernoted, the full provisions of the Financial Regulations following in this Section Q, will only apply to procurements having a value of £50,000 and above. 3. For the avoidance of doubt, individual arrangements where the primary purpose is the supply of funding, either by or to the Council, e.g. loans, bonds, securities, grants (other than where the Council receives works, supplies or services or derives any benefit from them) or other financial instruments, will not be a contract for the purposes of these Financial Regulations, notwithstanding that some strictly limited and ancillary provision of works, supplies or services may also be involved. 4. Further, subject to the provisions of Domestic Legislation and case law, no arrangement will be classed as a contract for the purposes of these Financial Regulations, where the Council: a. solely or predominantly sells or acquires land or rights in land; b. provides works, supplies or services for third parties;
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Official c. performs the functions of or delivers services to another public body in accordance with The Local Authorities (Goods & Services) Act 1970; d. receives works, supplies or services from another body where the Council is permitted to receive them without the requirement to tender in accordance with The Local Authorities (Goods & Services) Act 1970; e. performs for or receives services from (a) an arms-length organisation whether wholly or partly owned by the Council or (b) a wholly owned subsidiary or group company of the Council, provided the arrangement is compliant with Domestic Law and EU Law (if appropriate). 5. Notwithstanding that an arrangement may not be classed as a contract for the purposes of these Procurement Financial Regulations under this Section Q, the wider Financial Regulations will still apply to the arrangement. Q7 Specific Exemptions to These Financial Regulations Notwithstanding that they may otherwise fail to be viewed as works, supplies or services to the Council, the following shall be exempt from the scope of these Financial Regulations any arrangement: a. where the Council seeks or receives legal advice, assistance or an opinion from Junior or Senior Counsel, a Professor of Law, a Solicitor Advocate or in the case of an opinion only, a Law Society of Scotland Accredited Specialist solicitor recognised as having particular expertise in the subject matter of the opinion b. where the Council disposes of surplus or scrap materials and equipment previously used by the Council, except where such disposal is, or is part of, a contract for which the Council pays (in cash or kind) a value of £50,000 and above c. for the commissioning of theatrical, musical, dramatic or other artistic performances, subject to the prior approval of the Procurement Manager d. where the individual is nominated by a third party or agreed between the parties under a Dispute Resolution Procedure within a contract provided such nomination is compliant with Domestic and, where appropriate EU Law. Q8 Application of and Departure from the Requirements of these Financial Regulations 1. These Procurement Financial Regulations will apply to all contracts for works, supplies and services except in the following circumstances:
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Official a. Where a proviso within the Standing Orders, or the Officers Scheme of Delegation expressly permits or requires the Chief Executive, Chief Officer or Chief Officer to act in a manner which may not be in accordance with these Financial Regulations, but that only to the extent that such express permission or requirement requires, and subject to such subsequent reporting as such provision may require. b. Where a departure is expressly agreed by a meeting of Council or the appropriate Service Committee, in advance of such departure in these circumstances, the Procurement Manager will be consulted before any report seeking such departure is taken to the meeting of Council, or the appropriate Service Committee. c. Where in the express and written opinion of i) the Section 95 Officer, or ii) the Chief Officer Regulatory and Regeneration, the application of the Financial Regulations would be such as to impose a financial, reputational or legal penalty upon the Council or may significantly impede the Council in the performance of its statutory duties such that it would be perverse to strictly apply these Financial Regulations. d. Where the strict application of these Financial Regulations would place the Council in conflict or mean non-compliance with the provisions of any funding arrangement; and subject to the Domestic Procurement Thresholds not being breached; where such funding, i) makes a substantial contribution to any contract for works, supplies and services; and ii) there is no opportunity to renegotiate the terms of any such funding within a timescale which permits the drawdown of the funds or the performance of the contract in accordance with its aims. However, in such circumstances, any relevant requirements of the Domestic Procurement Law shall be complied with. e. Where the Council is entitled, as a member of a consortium, or is otherwise permitted to utilise a framework agreement, or dynamic purchasing system; which is compliant with Domestic Law and EU Procurement Directives (where appropriate) (the rules and procedures of such consortium or framework agreement, or dynamic purchasing system; will, where in conflict with these Procurement Financial Regulations, have precedence, save insofar as these Financial Regulations relate to internal procedures only or insofar as they are a direct translation of any Standing Order or aspect of the Scheme of Delegation. 2. With the exception of those provided for within the Standing Orders and Scheme of Delegation; and those determined by Council or Committee such provisos will only be exercised after consultation with the Procurement Manager and will be reported to the first appropriate Committee where expenditure exceeds or is likely to be valued at
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Official at or higher than the appropriate threshold in Standing Order 36(4). Q9 Procurement Responsibility for Contracts 1. The Procurement Manager is ultimately responsible for determining whether a procurement is low / medium / high complexity. 2. The procuring service is responsible for all low complex procurements and works procurements below £2,000,000 where these procurements will be directly awarded through a framework agreement in accordance with Service Led Low Complex Procurement guidance issued by the Procurement Manager. 3. The Procurement Manager is responsible for all medium and high complexity procurements and where directly awarding the procurement through a framework agreement is not the most appropriate means of fulfilling the requirement, the Procurement Manager shall be responsible for low complex procurements and works procurements with a value £50,000 or more. Q10 Commodity / Contract Strategy and Contract & Supplier Management 1. Where the need is identified through the commodity / contract strategy, the Procurement Manager may require that relevant Chief Officer to ensure that the following provisions will be adhered to which may include: a. Appointing an experienced sponsor. b. Establishing and maintaining a project team until the contract has been put in place, with the right expertise which will include a project manager, lead officer, contract owner and appropriate representation from the Corporate Procurement Unit; Finance Services; Legal Services and any further officers required. c. Defining the project stakeholders and communicating with the stakeholders at regular intervals. d. Defining the required works, supplies and/or services. e. Developing, reviewing and finalising an options appraisal and / or business case that shall include an analysis of cost, time, resources, quality, risk and deliverability. f. Defining a clear, concise and unambiguous specification / scope. g. monitoring and controlling the specification / scope throughout the procurement and contract period.
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Official h. Managing the relationship between the Council and the successful supplier. i. Ensuring that the Contract & Supplier Management Policy is adhered to and that contract owners have an understanding of the supplier contractual obligations and their own responsibilities with regards to identifying warning signs and whistleblowing of suspected modern slavery Q11 Minimum Contract Provisions Except in circumstances where the Procurement Manager and Chief Officer Regulatory and Regeneration agree otherwise, every contract must be: 1. in the name of West Dunbartonshire Council 2. in probative writing 3. subject to the Laws of Scotland 4. subject to the agreed exclusion or amendment of any such provisions in terms of the Financial Regulations, Q.12 hereof, including all provisions required by the Standing Orders or Financial Regulations, Q.11 hereof. Q12 Contract Documents 1. With the exception of the specification or scope of the contract requirements, the procurement documents in respect of all contracts shall be prepared by the Procurement Manager in consultation with the Chief Officer of the procuring service(s). The terms and conditions of the contract must be prepared in consultation with the Chief Officer – Regulatory & Regeneration. 2. With the exception of framework agreement call-offs; dynamic purchasing system call-offs and emergency placements, the Single Procurement Document (ESPD) must be used in all procedures. 3. The Procurement Manager may also, after consultation with the Chief Officer – Regulatory & Regeneration as aforesaid; make use of procurement documents prepared by the Crown Commercial Service, Scotland Excel or the Scottish Procurement and Commercial Service area or any other public sector body, amended as appropriate, where permitted by those bodies to do so. It is the Procurement Manager's responsibility to ensure that the procurement documents are suitable for the contract. 4. For repeat requirements and contracts which are agreed in advance to fall within particular categories, the Procurement Manager may dispense with consultation with the Chief Officer – Regulatory & Regeneration, subject to their consulting in the
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Official event of any particularly onerous or unusual requirement arising during the course of any procurement; and subject to any agreed terms and conditions being reviewed annually with the Chief Officer – Regulatory & Regeneration to ensure their continued relevance, accuracy and fitness for purpose. Q13 Supplementary Procedures The Procurement Manager may, following consultation with the Corporate Management Team and any relevant officers, as determined by the subject matter, issue supplementary procedural notes (“Supplementary Procedures”) to be read in conjunction with these Procurement Financial Regulations; and complied with when a contract for works, supplies and services is being sought. These additional procedures will be notified to all Chief Officers who will ensure their distribution to and compliance by all relevant employees. Q14 Lists 1. The Council will not operate a list for the pre-selection of suppliers to tender. 2. A properly constituted framework agreement or dynamic purchasing system, either operated by the Council or a third party, under which the Council is legally entitled to procure, will not be classed as a List for the purposes of these Procurement Financial Regulations. 3. For the avoidance of doubt, the Council may retain records of recent suppliers’ health and safety vetting to ensure that the tendering health and safety processes remain efficient. Such vetting must be approved by the Procurement Manager in consultation with the Chief Officer Regulatory and Regeneration and must not prevent any bidder from submitting more up to date information. Q15 Compliance with Domestic Procurement Law and EU Procurement Directives (if appropriate) For Procurement Manager led procurements, where an existing framework agreement or dynamic purchasing system is not being used, the Procurement Manager shall include within the Contract Notice, a web link to the Public Contracts Scotland-Tenders portal from where the electronic Invitation to Tender, including the Single Procurement Document (SPD), can be immediately accessed. Q16 Choice of Procurement Procedure For Procurement Manager led procurements, the Procurement Manager will, following consultation with the Chief Officer with responsibility for the proposed contract, agree the appropriate procurement procedure to be followed, which may include use of an existing framework agreement or dynamic purchasing system. The agreed procedure will be identified as part of the contract strategy. The Procurement Manager shall ensure that the contract is advertised, tendered, evaluated and awarded in compliance with Domestic
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Official Law or the EU Directives (if applicable) or the rules of the existing framework agreement or dynamic purchasing system. Q17 Advertising and Publicity for Contracts For Procurement Manager led procurements, the Procurement Manager, must comply with the provisions relating to advertising of contracts in Domestic Procurement Law and the following procedures shall apply: 1. The Council is not required to advertise contracts for social and other specific services falling below the Domestic Procurement Threshold or where a contract awarded usig an existing framework agreement or dynamic purchasing system is to be used. 2. In general such contracts will be advertised on the Public Contracts Scotland portal. The Procurement Manager may also authorise the advertisement of the contract in any other appropriate way such as in trade journals or newspapers. 3. The Procurement Manager shall ensure that the Council’s own website contains links to the Public Contracts Scotland portal. Q18 Social Care and Other Specific Services Procurement 1. For all procurement of Social Care, Education and other Specific Services to which the Provisions of Schedule 3 (Social and Other Specific Services) of the Public Contracts (Scotland) 2015 applies (”the Light Touch Regime”), a direct award without competition may be made so long as all legislative requirements are met and where appropriate Scottish Government and COSLA guidance on the Procurement of Care and Support Services should be followed. 2. For service led procurements, the appropriate Chief Officer has full authority to place Contracts up to the threshold of the Light Touch Regime following any required consultation, provided budgetary provision exists with no further report to Council or Committee being required. For Procurement Manager led procurements, the appropriate Chief Officer will have full authority to place Contracts up to the threshold of the Light Touch Regime following consultation with the Procurement Manager, provided budgetary provision exists with no further report to Council or Committee being required. 3. Where either budgetary provision does not exist, or the limit of the Light Touch Regime Threshold will be exceeded and where there is a need for an emergency placement for social care or education, and where that means the contract needs to be put in place before the authority is given by Council, Committee or other relevant authority then, once the contract has been placed, a report will be sent to the next available Council or Committee notifying the award and explaining the reason for the placement, subject always to the overriding duty to protect the
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Official Personal Data and privacy of the individual or individuals in receipt of the services. 4. For service led procurements, the service must ensure that a notice of Contract Award has been published in the PCS – Quick Quote portal in accordance with Service Led Low Complex Procurement issued by the Procurement Manager. For Procurement Manager led procurements, the Procurement Manager will ensure that a notice of Contract Award has been published in the Public Contracts Scotland portal. Q19 Restricted Procedure For Procurement Manager led procurements, in accordance with the agreed contract strategy, the Procurement Manager may approve the use of the Restricted Procedure which shall be conducted in accordance with these Procurement Financial Regulations. In particular: 1. The Procurement Manager will ensure that any Contract Notice and procurement documentation contain sufficient information to enable any potential bidder to determine whether they are interested in bidding for the contract; including i) the subject matter of the contract, ii) its duration, iii) reference to selection criteria, iv) estimated commencement date and where v) appropriate and available, its estimated value. The notice must also specify a date and time by which requests to be selected to tender must be received. This date and time must be no sooner than 10 working days from the date the notice is published and where the spend is likely to exceed the Domestic Procurement Thresholds, no less than those timescales prescribed by the Domestic Procurement Law. 2. The SPD in terms agreed between the Procurement Manager and the Chief Officer or Chief Officer of the procuring Service(s), shall be issued by the Procurement Manager to all potential bidders responding to the notice issued. 3. The Procurement Manager together with officers from the procuring service(s) and other officers with relevant input e.g. Finance and Legal Services; will evaluate the SPD, strictly in accordance with the established selection criteria. 4. No bidder may be invited to tender unless they have successfully complied with the Council’s competence, experience, capacity, financial and health and safety checks and have met all other criteria to be invited to tender as set out in the SPD, issued. 5. A sufficient number of bidders must be invited to tender to ensure genuine competition, which should not, except with the express agreement of the Procurement Manager, be fewer than five. Where fewer than five bidders express an interest, all those bidders meeting the minimum selection criteria, must be invited to tender.
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Official 6. The Procurement Manager will be responsible for issuing the Invitation to Tender. 7. All Invitation to Tenders will include the final date and time for receipt of the tenders by the Council. The Invitation to Tenders’ must also include the award criteria weightings for the award of the contract and a summary of the evaluation process to be used. 8. The Procurement Manager will coordinate and respond to all tender correspondence, queries and clarifications throughout the tender process; including seeking input as required from the procuring service and other relevant areas of expertise within the Council. 9. The Procurement Manager will consider and respond to any requests for extensions to the tender period, having regard to the terms of any request and any input from the procuring service(s). 10. The Procurement Manager together with officers from the procuring service(s) will evaluate the tenders strictly in accordance with the established award criteria. 11. In the event of any matter being unclear to those conducting the evaluation, the Procurement Manager will arrange for clarification or verification of matters within any tender. In the event of such clarification or verification revealing a matter which may be common to one or more tenders, the Procurement Manager may, following verification of such with those bidders as appear appropriate, determine that the impact of any such issue on the evaluation be applied to all those to which the matter applies. 12. On completion of the evaluation of bids and subject to the necessary checks and consents having been obtained, the Procurement Manager shall close the competitive stage of the tendering process. 13. If not previously delegated by a service committee or Council, where the expenditure is from £213,477 for supplies and services, £663,540 for Light Touch Regime services or £2,000,000 for works (inclusive of VAT), the Procurement Manager will submit a report to the Tendering Committee for approval to award the contract. 14. Subject to authority to award the contract from the Tendering Committee, service committee or Council as appropriate, the Procurement Manager shall advise all unsuccessful bidders in writing of
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Official the outcome of the tender process and may issue the Notice of Intention to Award letter to the most economically advantageous bidder. The Notice of Intention to Award letter shall confirm the Council’s intention to formally award the contract subject to agreement of any outstanding matters not conclusively addressed in terms of the tender process. This may include any changes to terms and conditions or commercial terms including price, deemed necessary to best deliver the purpose of the proposed contract. Changes which materially alter aspects of the contract such that the outcome of the tender process may have been different; will not be permitted. 15. Where the contract value exceeds the Domestic Procurement Thresholds – Public Contracts (Scotland) Regulations 2015, the Procurement Manager will implement the relevant standstill period, including issue of the relevant standstill letters to all bidders, in accordance with the requirements of the Domestic Procurement Law. 16. Following conclusion of any outstanding matters with the most economically advantageous bidder and compliance with any relevant standstill period, the Chief Officer of the procuring service(s) may instruct the Chief Officer Regulatory and Regeneration to enter into a binding contract in accordance with Financial Regulations, Regulation Q.11) - Minimum Contract Provisions. 17. The Procurement Manager will ensure that all lawful, appropriate and necessary feedback is delivered to unsuccessful bidders. 18. The Procurement Manager will ensure that a Contract Award Notice is published in the Public Contracts Scotland portal within 30 calendar days of the Letter of Award being signed by the successful supplier(s). Q20 Open Procedure For Procurement Manager led procurements, in accordance with the agreed contract strategy, the Procurement Manager may approve the use of the single stage Open Procedure which shall be conducted in accordance with these Procurement Financial Regulations. In particular: 1. The Procurement Manager will ensure that any Contract Notice or procurement documentation will state the selection criteria, award criteria, weightings for the award of the contract, a summary of the evaluation process and must contain sufficient information to enable any potential suppliers to determine whether they are interested in bidding for the contract. This should include the subject matter of the contract, its duration, estimated commencement date and where appropriate its estimated value. The Contract Notice or procurement documentation must also specify a date and time by which tenders must be received. This date and time must be no sooner than 10
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Official working days from the date the notice is published and where the spend is likely to exceed the Domestic Procurement Thresholds, no less than those timescales prescribed by the Domestic Procurement Law. 2. The Procurement Manager shall include within the Contract Notice, a web link to the Public Contracts Scotland-Tenders portal from where the electronic Invitation to Tender, including the SPD, can be immediately accessed or in exceptional circumstances e.g. where a tender is being invited under an existing multi-supplier framework agreement, will advise potential bidders of how procurement documentation including an Invitation to Tender, can be obtained. 3. The Procurement Manager together with officers from the procuring service(s) and other officers with relevant input e.g. Finance and Legal Services; will evaluate the SPD, strictly in accordance with the established selection criteria. 4. The Procurement Manager will co-ordinate and respond to all tender correspondence, queries and clarifications throughout the tender process; including seeking input as required from the procuring service(s) and other relevant areas of expertise within the Council. 5. The Procurement Manager will consider and respond to any requests for extensions to the tender period, having regard to the terms of any request and any input from the procuring service(s). 6. The Procurement Manager together with officers from the procuring service(s); will evaluate the tenders, strictly in accordance with the established award criteria. 7. In the event of any matter being unclear to those conducting the evaluation, the Procurement Manager will arrange for clarification or verification of matters within any tender. In the event of such clarification or verification revealing a matter which may be common to one or more tenders, the Procurement Manager may, following verification of such with those bidders as appear appropriate, determine that the impact of any such issue on the evaluation be applied to all those to which the matter applies. 8. On completion of the evaluation of bids and subject to the necessary checks and consents having been obtained, the Procurement Manager shall close the competitive stage of the tendering process.
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Official 9. If not previously delegated by a service committee or Council, where the expenditure is from £213,477 for supplies and services, £663,540 for Light Touch Regime services or £2,000,000 for works (inclusive of VAT), the Procurement Manager will submit a report to the Tendering Committee for approval to award the contract. 10. Subject to authority to award the contract from the Tendering Committee, or if previously delegated, the Service Committee / Council, the Procurement Manager shall advise all unsuccessful bidders in writing of the outcome of the tender process and may issue the Notice of Intention to Award letter to the most economically advantageous bidder. The Notice of Intention to Award letter shall confirm the Council’s intention to formally award the contract subject to agreement of any outstanding matters not conclusively addressed in terms of the tender process. This may include any changes to terms and conditions or commercial terms, including price, deemed necessary to best deliver the purpose of the proposed contract. Changes which materially alter aspects of the contract such that the outcome of the tender process may have been different; will not be permitted. 11. Where the contract value exceeds the Domestic Procurement Thresholds – Public Contracts (Scotland) Regulations 2015, the Procurement Manager will implement the relevant standstill period, including issue of the relevant standstill letters to all bidders, in accordance with the requirements of the Domestic Procurement Law. 12. Following conclusion of any outstanding matters with the most economically advantageous bidder and compliance with any relevant standstill period, the Chief Officer of the procuring service(s) may instruct the Chief Officer Regulatory and Regeneration to enter into a binding contract in accordance with Financial Regulations, Regulation Q.11- Minimum Contract Provisions. 13. The Procurement Manager will ensure that all lawful, appropriate and necessary feedback is delivered to unsuccessful bidders. 14. The Procurement Manager will ensure that a Contract Award Notice is published in the Public Contracts Scotland portal within 30 calendar days of the Letter of Award being signed by the successful supplier(s). Q21 Negotiated Procedure With / Without Prior Publication For Procurement Manager led procurements, in accordance with the agreed contract strategy, the Procurement Manager may approve the use of the Negotiated Procedure which shall be conducted in accordance with these Financial Regulations. In particular:
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Official 1. Where the Domestic Procurement Law apply to a proposed contract, the Negotiated Procedure may only be used in strict compliance with the requirements of such Domestic Procurement Law for the use of the Negotiated Procedure either with or without the publication of a Contract Notice. 2. Where the value or any other aspect of the proposed contract excludes application of the Domestic Procurement Law – Public Contracts (Scotland) Regulations 2015, the only grounds on which the Negotiated Procedure (which in this context means direct negotiations with a single supplier without competition or without further competition, with a view to awarding a contract) may be used are: a. when the value of the contract is above the Domestic Procurement Threshold for people based services b. where the Council is a member of a consortium, or is otherwise permitted to utilise a framework agreement or a dynamic purchasing system, which permits the Negotiated Procedure c. where supplies or materials are proprietary articles and or services specific to one supplier, or the an individual is recognised as the sole, or principal available expert witness in a judicial or quasi judicial situation; and following due and diligent research no reasonable satisfactory alternative supplies or services have been located d. where the contract constitutes an extension of an existing contract, provided that the extension is approved by the Council, or the appropriate Committee or where the Council is otherwise contractually bound to proceed with a single supplier. The Procurement Manager will approve the report before the report is taken to the meeting of Council or the appropriate Committee e. where the contract consists of repairs to or the supply of, parts for existing proprietary plant or machinery so as to preserve warranties or functionality which would otherwise be lost in the event of other parties repairing or supplying such plant or machinery and provided such repair or supply represents Best Value and is legally compliant f. where following one of the other procedures referred to in these Procurement Financial Regulations, there has been no successful conclusion to the Tender exercise g. where, were the contract otherwise subject to the Domestic Procurement Law, such Laws would have permitted Negotiated Procedure h. where following consideration of all the factors applying to the contract, the Procurement Manager, in consultation with the Chief
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Official Officer Regulatory and Regeneration and such other officers as they deem appropriate, and with the consent of the Chief Executive or the appropriate Chief Officers, determines that the Negotiated Procedure is manifestly in the interests of the Council and compliant with Standing Orders and applicable law. 3. In all such cases where the Negotiated Procedure is being followed, the actual process adopted will ensure fairness and compliance with best practice and a full written record of all contacts, discussions and communications with prospective suppliers shall be kept by the Procurement Manager. 4. Such negotiations will be conducted in a manner that ensures that the Council does not contract on terms that are materially less advantageous than would be the case were another available procedure adopted. 5. If not previously delegated by a service committee or Council, where the expenditure is from £213,477 for supplies and services, £663,540 for Light Touch Regime services or £2,000,000 for works (inclusive of VAT), the Procurement Manager will submit a report to the Tendering Committee for approval to award the contract. 6. Subject to authority to award the contract from the Tendering Committee or the Service Committee or Council as appropriate, the Procurement Manager may issue a Notice of Intention to Award letter to the bidder. The Notice of Intention to Award letter shall confirm the Council’s intention to formally award the contract subject to agreement of any outstanding matters not conclusively addressed in terms of the procurement process. This may include any changes to terms and conditions or commercial terms including price, deemed necessary to best deliver the purpose of the proposed contract. Changes which materially alter aspects of the contract will not be permitted. 7. Where the contract value exceeds the Domestic Procurement Thresholds – Public Contracts (Scotland) Regulations 2015, the Procurement Manager will implement the relevant standstill period, including issue of the relevant standstill letter to the bidder, in accordance with the requirements of the Domestic Procurement Law. 8. Following conclusion of any outstanding matters with the bidder and compliance with any relevant standstill period, the Chief Officer of the procuring service(s) may instruct the Chief Officer Regulatory and
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Official Regeneration to enter into a binding contract in accordance with Financial Regulations, Regulation Q.11- Minimum Contract Provisions. 9. The Procurement Manager will ensure that a Contract Award Notice is published in the Public Contracts Scotland portal within 30 calendar days of the Letter of Award being signed by the successful supplier. Q22 Competitive Procedure with Negotiation, the Competitive Dialogue Procedure and Innovation Partnerships 1. For Procurement Manager led procurements, the Procurement Manager may choose to adopt the Competitive Procedure with Negotiation or the Competitive Dialogue Procedure or an Innovation Partnership where, in their view and in consultation with the Chief Officer Regulatory and Regeneration, the other procedures referenced herein will not be effective in facilitating the award of a contract. In considering the appropriate grounds and conditions for the use of either the Competitive Procedure with Negotiation or the Competitive Dialogue Procedure or an innovation Partnership, the Procurement Manager will consider amongst other matters: a. the available resources within and willingness of the procuring service(s) to support such a process b. the extent to which dialogue with the market will assist in developing a specification or scope, terms and overall solution best suited to meet the Council’s needs. 2. Where the Procurement Manager elects to use a Competitive Procedure with Negotiation or a Competitive Dialogue Procedure or an Innovation Partnership for a below Domestic Procurement Threshold contract, the principles for such procedures as set out in the Domestic Procurement Law shall be followed insofar as reasonable and practicable. 3. If not previously delegated by a Service Committee or Council, where the expenditure is from £213,477 for supplies and services, £663,540 for Light Touch Regime services or £2,000,000 for works (inclusive of VAT), the Procurement Manager will submit a report to the Tendering Committee for approval to award the contract. 4. Where the contract value exceeds the Domestic Procurement Thresholds, the Procurement Manager will implement the relevant standstill period, including issue of the relevant standstill letter to the
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Official bidder, in accordance with the requirements of the Domestic Procurement Law. 5. Following conclusion of any outstanding matters with the bidder and compliance with any relevant standstill period, the Chief Officer of the procuring service(s) may instruct the Chief Officer Regulatory and Regeneration to enter into a binding contract in accordance with the Financial Regulations, Regulation Q.11- Minimum Contract Provisions. 6. The Procurement Manager will ensure that a Contract Award Notice is published in the Public Contracts Scotland portal within 30 calendar days of the Letter of Award being signed by the successful supplier. Q23 Contracts Utilising Framework Agreement and Dynamic Purchasing System Call-offs Subject to the Below the Light Touch Regime Threshold for Social and Other Specific Services; or; the Restricted Procedure; or; the Open Procedure; or; the Negotiated Procedure; being followed: 1. For service led procurements, or in accordance with the agreed contract strategy for Procurement Manager led procurements, both may approve a recommendation for a contract being awarded under a framework agreement without being required to seek further competition amongst the suppliers on the framework agreement, in accordance with the below noted procedure: a. For multiple supplier framework agreements, the framework agreement must clearly set out how the service or the Procurement Manager will select a supplier for direct award. For example, by ranking the suppliers using the original framework agreement award criteria and selecting the highest scoring supplier who is capable of fulfilling the contract. b. The invitation shall specify the closing date and time for submission of the direct award procedure. The time limit fixed for the return shall take into account factors such as the complexity of the subject matter and the time needed to prepare a submission but, in any event, shall be not less than 10 working days from the date the invitations are issued. c. For service led procurements, the service will co-ordinate and respond to all direct award correspondence, queries and clarifications throughout the direct award process; including seeking input as required from other relevant areas of expertise within the Council. For Procurement Manager led procurements, the Procurement Manager will co-ordinate and respond to all direct
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Official award correspondence, queries and clarifications throughout the direct award process; including seeking input as required from other relevant areas of expertise within the Council. d. For service led procurements, the service will evaluate the direct award response, strictly in accordance with the established award criteria. For Procurement led procurements, the Procurement Manager will evaluate the direct award response, strictly in accordance with the established award criteria. e. For service led procurements, in the event of any matter being unclear to those conducting the evaluation, the service will arrange for clarification or verification of matters within any direct award procedure. For Procurement Manager led procurements, in the event of any matter being unclear to those conducting the evaluation, the Procurement Manager will arrange for clarification or verification of matters within any direct award procedure. f. For service led procurements, the service will consider and respond to any request for an extension to the direct award period, having regard to the terms of any request. For Procurement Manager led procurements, the Procurement Manager will consider and respond to any request for an extension to the direct award period, having regard to the terms of any request. g. For service led procurements, on completion of the evaluation of a bid and subject to the necessary checks and consents having been obtained, the service shall close the direct award process. For Procurement Manager led procurements, on completion of the evaluation of a bid and subject to the necessary checks and consents having been obtained, the Procurement Manager shall close the direct award process. 2. Where a framework agreement has been established but it does not lay down all of the terms of a proposed contract including, for example, where a new item can legitimately be added to the framework agreement; or for a dynamic purchasing system; the Procurement Manager may either hold a mini competition procedure under the framework agreement or dynamic purchasing system; in accordance with the below noted procedure: a. Every supplier on the framework agreement; or dynamic purchasing system; capable of performing the contract shall be issued with an invitation to take part in the mini competition. All invitations shall be issued at the same time;
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Official b. The invitations shall specify the closing date and time for submission of the mini competition procedure. The time limit fixed for the return shall take into account factors such as the complexity of the subject matter and the time needed to prepare a submission but, in any event, shall be not less than 10 working days from the date the invitations are issued; c. The Procurement Manager will co-ordinate and respond to all mini competition correspondence, queries and clarifications throughout the mini competition process; including seeking input as required from the procuring service(s) and other relevant areas of expertise within the Council; d. The Procurement Manager together with officers from the procuring service(s) will evaluate the mini competitions responses, strictly in accordance with the established award criteria; e. In the event of any matter being unclear to those conducting the evaluation, the Procurement Manager will arrange for clarification or verification of matters within any mini competition. In the event of such clarification or verification revealing a matter which may be common to one or more mini competition bidders, the Procurement Manager may, following verification of such with those mini competition bidders as appear appropriate, determine that the impact of any such issue on the evaluation be applied to all those to which the matter applies; f. The Procurement Manager will consider and respond to any requests for extensions to the mini competition period, having regard to the terms of any request and any input from the procuring service(s); g. On completion of the evaluation of bids and subject to the necessary checks and consents having been obtained, the Procurement Manager shall close the competitive stage of the mini competition process. 3. If not previously delegated by a service committee or Council, where the expenditure is from £213,477 for supplies and services or £663,540 for Light Touch Regime services (inclusive of VAT), for service led procurements, the service will submit a report to the Tendering Committee for approval to award the contract. Further, if not previously delegated by a service committee or Council, where the expenditure is from £213,477 for supplies and services, £663,540 for Light Touch Regime services or £2,000,000 for works (inclusive of VAT), for
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Official Procurement Manager led procurements, the Procurement Manager in conjunction with the service, will submit a report to the Tendering Committee for approval to award the contract. 4. For service led procurements, subject to authority to award the contract from the Tendering Committee, service committee or Council where appropriate, having been obtained, the service may issue a Notice of Intention to Award letter to the direct award bidder. The Notice of Intention to Award letter shall confirm the Council’s intention to formally award the contract subject to agreement of any outstanding matters not conclusively addressed in terms of the direct award. This may include any changes to terms and conditions or commercial terms, including price, deemed necessary to best deliver the purpose of the proposed contract. Changes which materially alter aspects of the contract such that the outcome of the direct award process may have been different; will not be permitted. 5. For Procurement led procurements, subject to authority to award the contract from the Tendering Committee, service committee or Council as appropriate, having been obtained, the Procurement Manager shall advise all unsuccessful mini competition bidders in writing of the outcome of the mini competition process and may issue a Notice of Intention to Award letter to the direct award bidder or most economically advantageous mini competition bidder. The Notice of Intention to Award letter shall confirm the Council’s intention to formally award the contract subject to agreement of any outstanding matters not conclusively addressed in terms of the direct award / mini competition process. This may include any changes to terms and conditions or commercial terms, including price, deemed necessary to best deliver the purpose of the proposed contract. Changes which materially alter aspects of the contract such that the outcome of the mini competition process may have been different; will not be permitted. 6. For service led procurements, where the contract value exceeds the Domestic Procurement Thresholds, the service may implement a voluntary standstill period, including issue of the voluntary standstill letter to the direct award bidder. For Procurement Manager led procurements, where the contract value exceeds the Domestic Procurement Thresholds, the Procurement Manager may implement a voluntary standstill period, including issue of the voluntary standstill letters to the direct award bidder or mini competition bidders. 7. Following conclusion of any outstanding matters with the direct award bidder or most economically advantageous mini competition bidder, the
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Official Chief Officer of the procuring service(s) may instruct the Chief Officer Regulatory and Regeneration to enter into a binding contract in accordance with Financial Regulations, Regulation Q.11- Minimum Contract Provisions. 8. The Procurement Manager will ensure that all lawful, appropriate and necessary feedback is delivered to unsuccessful mini competition bidders. 9. For service led procurements, the service must notify the direct award supplier via the PCS – Quick Quote portal in accordance with Service Led Low Complex Procurement issued by the Procurement Manager. For Procurement Manager led procurements, the Procurement Manager will ensure a Contract Award Notice is published in the Public Contracts Scotland portal within 30 calendar days of the Letter of Award being signed by the successful supplier. Q24 E-procurement E-procurement shall generally be used for contracts let by the Council including direct awards and mini competitions where permitted unless there are valid and substantial reasons for not doing so. In applying e-procurement the following processes and procedures will apply: 1. Where e-procurement is to apply, no offer submitted will be considered unless it is received via the Council's approved e-procurement system; in the format requested and prior to the deadline for the receipt of offers as stated by the Council in the procurement documents unless a valid and legally competent reason for not doing so e.g. defect in the system, has been highlighted by a bidder at or prior to the deadline for the receipt of submissions. 2. For service led procurements, the procuring service shall ensure that each offer is kept unopened in a single secure electronic mailbox via PCS Quick Quote and cannot be opened before the deadline. 3. For Procurement Manager led procurements, the Procurement Manager shall ensure that each offer is kept unopened in a single secure electronic mailbox (either PCS Quick Quote or PCS Tender) that cannot be opened before the deadline. 4. Both the service and the Procurement Manager shall ensure that a record is maintained showing the time and date of receipt of all procurements. 5. For Procurement Manager led procurements, the Procurement Manager may authorise, in consultation with the procuring service(s),
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Official the extension of the deadline for the receipt of procurements in the following circumstances: i) prior to any procurement being received by the Council; or (ii) where, following procurements being received but before the Council is able to open those procurements due to the functionality of the e-procurement system, a bidder notifies a material error in the documentation issued by the Council or the e-procurement system, or indicates to the Council any credible and reasonable ground it may have to challenge the Council were such an extension not granted. In the circumstances in (ii) above, any bidder who has already submitted a procurement shall be given the opportunity to re-submit their procurement. 6. For Procurement Manager led procurements, all procurements shall be opened immediately one after the other during one session. The bidders Technical Envelope in the e-procurement system shall be evaluated firstly. When the bidder’s Technical Envelope has been evaluated the Technical Envelope will be closed. The bidders Commercial Envelope will be evaluated next. When the bidder’s Commercial Envelope has been evaluated the Commercial Envelope will be closed. The Procurement Manager shall ensure that a record showing the particulars of each procurement received and the date and time when those tenders were opened shall be kept. Q25 Electronic Reverse Auctions 1. The Procurement Manager may authorise the carrying out of an electronic reverse auction (e-auction) where they are satisfied that the likely benefit of such will outweigh the costs and that the e- auction is in accordance with the Domestic Procurement Law. The following provisions will apply in the event of any e-auction: a. An e-auction may only be carried out where the possibility of the use of an e-auction has been stated in the procurement documents issued to bidders and, where the Domestic Procurement Law applies, in the Contract Notice published in the Public Contracts Scotland portal. b. Before the Procurement Manager can authorise an e-auction, they must ensure that a full initial evaluation of tenders has been undertaken in accordance with the award criteria set and with the weighting fixed for them. All bidders who have submitted admissible tenders shall be invited simultaneously by electronic means to submit new prices and/or new values.
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Official c. Throughout each phase of an e-auction the Procurement Manager shall instantaneously communicate to all bidders involved, at least sufficient information to enable them to ascertain their relative rankings at any moment. The Procurement Manager may also, at any time, announce the number of participants in that e-auction however at all times, the names of bidders will be kept anonymous. 2. Any e-auction will be subject to such additional procedural requirements as the Procurement Manager in consultation with the Chief Officer Regulatory and Regeneration considers necessary. Q26 Advanced Payments 1. Advance payments to suppliers (i.e. payments made before equivalent value is received in return) should be exceptional, and should only be considered if a Best Value case can be made for them (e.g. a price discount commensurate with the value of the funds in question) and if all reasonable steps have been taken to protect public funds. 2. Interim payments are made at a prescribed stage or at intervals during the progress of a project. Interim payments may have an element of prepayment. 3. The Domestic Procurement Law which protects the right of all potential suppliers to compete on equal terms must be complied with. It would not be acceptable, for example, to offer advance payments to the successful supplier to secure a further price advantage. Q27 Contract Variation 1. Contract variation includes the option to increase the amount of works, supplies or services acquired under the contract, to increase the duration of the contract, as well as the option to increase the value of the contract. 2. Where a contract has been advertised in accordance with the Domestic Procurement Law and it becomes apparent to the Chief Officer or Chief Officer of the procuring service(s) that the value of the contract as previously reported to the appropriate Committee is likely to be exceeded, the Chief Officer shall consult with the Procurement Manager for advice on what action requires to be taken. 3. Where a contract has not been advertised under the Domestic Procurement Law and the increase in the value of the contract is such that the Domestic Procurement Thresholds is likely to be exceeded, no further orders shall be made under the contract until the Chief Officer has obtained advice from the Procurement Manager on what action
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Official requires to be taken save where withholding such further orders in the interim would constitute a breach of any contractual provision or legislative requirement. 4. Notwithstanding Financial Regulations, 21.1.(ii).(d) – Negotiated Procedure, in all cases, where the value of the contract exceeds the Domestic Procurement Thresholds and the estimated net cumulative additional cost is more than the greater of £100,000 or 25%, of which is the greater; of the approved contract value, the Chief Officer in consultation with the Procurement Manager, shall ensure that a report on the matter is submitted to the next meeting of the Council or relevant Committee where the original budget allocation was approved. Q28 Contract Database 1. The Procurement Manager shall maintain a register of all contracts. For service led procurement, the procuring service(s) shall log details of the planned contract with the Procurement Manager through populating the contract award notice on PCS Quick Quote by providing all information deemed necessary by the Procurement Manager to create a record of the contract within the Contracts Database. 2. For contracts valued at £50,000 and above, the Procurement Manager will complete the Contracts Database. Q29 Reports on Procurement Matters No report will be submitted to Council or Committee seeking to undertake a procurement from £50,000 (exc. of VAT) or approval to award a supplies or services contract from £213,477 (inclusive of VAT), or a Light Touch Regime services contract from £663,540 (inclusive of VAT), or a works contract from £2,000,000 (inclusive of VAT), unless the Procurement Manager has first been consulted and their comments noted in the report. Q30 Payment Arrangements All payment arrangements will be fully compliant with Domestic Legislation and will be fully documented in any procurement documentation. Q31 Pecuniary Interest of Members or Officers Where a Member or officer involved in a contract has a pecuniary interest in that contract, he/she must declare that interest and abide by the provisions of the Ethical Standards in Public Life etc. (Scotland) Act 2000, the Councillors’ Code of Conduct and any guidance made there-under and the Council Code of Conduct for Employees. Evaluation must always make sure equal treatment is undertaken in a proportionate, objective, transparent and non-discriminatory manner. The evaluation panel should be able to withstand any scrutiny. It is the responsibility of all evaluation team members to complete a conflict of interest
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Official form prior to evaluation of each tender and to ensure that this includes any potential conflict of interest which would prevent them from making a fair and objective tender assessment. For Procurement Led tenders, evaluators will be issued this form for completion. For any department led procurements, evaluators must make the procurement team aware of any potential conflicts. R. COMPLIANCE OF MEMBERS AND OFFICERS R1 Members’ Code All Members must observe and comply with the Councillor's Code of Conduct issued by the Scottish Ministers in terms of the Ethical Standards in Public Life etc. (Scotland) Act 2000 and any guidance made hereunder. R2 Officers’ Code All officers must observe and comply with the Council’s Code of Conduct for Employees. R3 Scheme of Delegation Officers may only exercise such functions and powers as are delegated to them by Council or Committee or under the Scheme of Delegation. R4 Other Regulations All Members and officers must comply with the undernoted regulations in conjunction with these financial regulations: • Council Standing Orders including Contract Standing Orders; • Council Treasury Management Policy Statement; and • Member / Officer Protocol. S. OBSERVANCE OF FINANCIAL REGULATION S1 Responsibility of Chief Officers Each Chief Officer is responsible for ensuring that these Financial Regulations are made available to all relevant employees and other persons within their service area, and that appropriate arrangements are in place to support compliance. S2 Breach of Regulations Any breach or non-compliance with these Financial Regulations must, on discovery, be reported immediately to the Chief Officer Resources who will discuss the matter with the Chief Executive and / or any other relevant Chief Officer as appropriate in order to determine the proper action to be taken through consideration of the following: • Code of Conduct for Employees and associated Guidance on offers of gifts, hospitality and declaring Interests. • Counter Fraud and Corruption Strategy. • Business Irregularity procedures.
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Official T. REVIEW OF FINANCIAL REGULATIONS T1 Review of the Financial Regulations The Chief Officer Resources will review the Financial Regulations as circumstances require, and submit any proposed amendments to Council for approval.