Agenda item

Proposed Amendments to the Council's Contract Procedure Rules

(A report by John Medler, Assistant Director – Governance & Monitoring Officer)

Minutes:

The Portfolio Holder for Economic Growth and Finance, Councillor Sandeep Ghosh, introduced the report which sought approval of proposed amendments to the Council’s Contract Procedure Rules (CPRs). It was explained that the review had been undertaken to ensure that the CPRs remained compliant with the Procurement Act 2023, to reflect changes in legislation and good practice, and to update rules which had last been comprehensively reviewed three years previously.

 

Members were advised that the proposed amendments had been considered by the Audit & Governance Committee on 17th November 2025 and by Cabinet on 10th December 2025. As a result of feedback received, the financial threshold within Clause 26.5, relating to post?contract evaluation and reporting, had been amended from the originally proposed £1,000,000 to £500,000 prior to submission to Full Council.

 

The report highlighted key changes including revised procurement thresholds, strengthened requirements around conflict of interest and pre?market engagement, enhanced contract management and monitoring provisions, and updated delegations to officers. Members were asked to approve and adopt the revised Contract Procedure Rules as set out in Appendix 1A within the report.

 

Members welcomed the clarification and amendment to the financial threshold within Clause 26.5, noting that it responded to concerns raised previously regarding transparency and proportionality in contract reporting. The importance of retaining robust written records and evaluation of high?value contracts was emphasised, alongside the need to balance governance requirements with operational flexibility.

 

Reference was made to Teckal agreements, with assurance being sought that such arrangements, where work was awarded to council?controlled companies without full competition, would continue to be captured appropriately within the CPR framework. It was noted that while Teckal arrangements were permitted under procurement law, Members wished to ensure that visibility, justification and monitoring arrangements around such agreements remained sufficiently robust.

 

Concerns were raised about the volume and complexity of procurement?related information presented to the Audit & Governance Committee and the ability of Members to adequately scrutinise such reports. Members reiterated the importance of officers being present at meetings to assist with detailed technical questions and provide assurance where required.

 

During the debate, some Members expressed concern that the proposed changes did not provide an adequate level of reporting and scrutiny, particularly in relation to exemptions, continuity arrangements and value?for?money assurance. It was felt that additional monitoring arrangements would help to ensure that Members could scrutinise procurement activity more effectively, especially given the volume and technical nature of reports considered by the Audit & Governance Committee.

 

The following amendment was proposed by Councillor Anne Dorrian:

 

That Full Council further resolves:

 

1.     That officers produce a six?monthly report to the Audit & Governance Committee detailing:

·       the number and value of procurement exemptions and continuity arrangements;

·       justification for each exemption; and

·       thematic patterns or repeat use by service area or supplier.

 

2.     That where procurement is undertaken with fewer than the previous minimum number of quotations, a written value?for?money assessment is retained and made available for Member scrutiny.

 

3.     That a formal review report on the operation and impact of the revised Contract Procedure Rules be presented to Full Council within 12 months of adoption, including assessment of:

·       transparency and competition outcomes;

·       the use of exemptions; and

·       participation rates from local suppliers and SMEs.

 

The proposed amendment was seconded by Councillor David Middleton. The Monitoring Officer advised on which aspects of the amendment would formally alter the CPRs and which constituted supplementary reporting arrangements that would not require the Rules themselves to be amended. Following a vote by Members, the amendment was not supported and therefore fell.

 

Members then returned to consideration of the substantive motion. Overall, the need for updated Contract Procedure Rules to align with current legislation, support effective procurement, and maintain appropriate levels of member oversight and accountability was acknowledged.

 

The recommendations were moved by Councillor Sandeep Ghosh and seconded by Councillor Callum Butler.

 

Resolved:

 

That the revised Contract Procedure Rules, as set out in Appendix 1A to the report, including the amended financial threshold of £500,000 within Clause 26.5, be approved and adopted.

 

[The Head of Procurement & Contracts, PSPSL and the Procurement Manager, PSPSL left the meeting at 7.26pm, following consideration of the above item.]

Supporting documents: