Frequently asked questions

What is the difference between a tender and a contract?

 

The term tender means a formal invitation to trade under the terms of offer and the documents associated with that offer. A contract is a legally binding agreement between parties, where there has been an offer, acceptance and consideration.

 

Why does the council ask for a tender rather than a quote?

 

The Council has a statutory obligation under the Government's Best Value Review regime to seek competitive prices. Generally, it is the level of value and risk that determines if we ask for a quote or goes out to tender.

 

At what level does a quote become a tender?

 

The Council normally seeks three written quotes for low value work, supplies or services, (eg. under £10,000 in value). If the value is above £10,000 then the Council will 'competitively tender' the works in accordance with our procurement code of practice.

 

What is a competitive tender?

 

This is the process by which we decide who is the best provider. The tender is the completed and priced pre-prepared document that lays out all the terms, conditions and specification. The invitation to tender is issued to all suppliers on the same day. They are not allowed to canvass or collude with the Council, other than to seek clarity.

 

What are Official Journal of the European Union (OJEU) and European Procurement Regulations?

 

When tendering and awarding contracts for goods, services or works, the Council is legally obliged to observe the requirements of the EU Public Procurement Rules. These stipulate that contracts valued in excess of specified amounts (please refer to the European Union for current values) must be publicly exposed to competition within the European Union. Therefore the Council is legally obligated to advertise contracts in the Official Journal of the European Union (OJEU) when contract values exceed these amounts. 

 

Where can I get access to OJEU notices?

 

OJEU is available in electronic form via the Internet on 'Tenders Electronic Daily' (TED).

 

Where do you advertise your contracts?

 

Contracts are advertised on this website, as well as trade journals relating to that product or service (where appropriate) and, if the European thresholds are exceeded, the OJEU (Official Journal of the European Union).

 

How will I know what criteria you are using for the evaluation of a tender?

 

The criteria will be stated in the tender documents.

 

If I am unsuccessful, will you explain to me why my bid failed and what can you tell me about the winning bid?

 

Yes - this could include a number of reasons. For example, you might be too costly, or have insufficient skills or knowledge, you may have failed to understand what is required or failed to complete the documentation correctly. Whatever the reason, if you ask for feedback, we will endeavour to provide it. We will inform you who was successful and briefly outline the reasons for the award.

 

Does the Council have a list of approved suppliers/contractors?

 

The Council does not maintain such a list.

 

My company is new and has few references; will I be allowed to compete for Council business?

 

Yes. The Council does not discourage new businesses. A view will be taken on your company's suitability and any potential risk to us. Thorough investigations will be made examining your financial status and past performance where possible. You could also be invited to an interview to further examine your suitability.

 

Can I submit a tender with my own alternative conditions attached?

 

In general this is not allowed, a tender will only be accepted if it is submitted in accordance with the instructions to tender and in accordance with the terms and conditions of the contract as stated.