Doing business with us

We publish our tender opportunities on the Source Derbyshire website which is the first port of call for viewing contract opportunities with us. Source Derbyshire gives information on new contract opportunities and lists recurring contracts for which it is possible to bid in the future.

Potential suppliers who have not done business with the District Council previously are advised to read our "How to do business with us" web page.  We have produced the guide to assist suppliers. It aims to help in three ways:

  1. It outlines the rules that the District Council must follow
  2. It alerts companies to the opportunity to supply the District Council
  3. It explains how to bid for District Council work

The District Council encourages competition and welcomes bids from new and established supplies.

You will shortly be redirected to the Source Derbyshire website, where we advertise our tenders. If you are not redirected within 5 seconds, please follow this link - www.sourcederbyshire.co.uk.

Where a purchase is not subject to a formally agreed contract, certain terms and conditions will apply

The following constitute the District Council's standard terms and conditions of purchase and apply to all purchase orders placed by the Council.

A copy of these terms & conditions are available for download - Standard Terms & Conditions [PDF 0.02MB]

The terms & conditions

1. In these conditions:-

"Council" means Derbyshire Dales District Council, Town Hall, Bank Road, Matlock, Derbyshire DE4 3NN
"Conditions" means these terms and conditions
"Goods" means the goods supplied under the order
"Order" means the Council's order for the goods
"Supplier" means the supplier of the goods

2. These conditions apply to all orders for the purchase of goods by the Council from the Supplier. All other terms and conditions are excluded including any terms and conditions which the Supplier may attempt to apply under any sales offer or other documents. Delivery of goods by the Supplier to the Council shall be deemed to be conclusive evidence of the Supplier's acceptance of these conditions.

3. No variation of these conditions shall be effective unless agreed beforehand in writing between the Council and the Supplier.

4. Goods must be of the type and quality specified in the Order, and where relevant must comply with samples previously approved by the Council.

5. Goods will be supplied in such quantities, at such times and in such a manner as the Council may direct. Goods will be delivered at the Supplier's risk to the address specified in the Order and will be free from charges for carriage and packaging except where the Council agrees to pay such charges in the Order. The Supplier will be solely responsible for the goods being off-loaded safely and undamaged on delivery.

6. Subject to the Council being satisfied that the Goods have been delivered safely and undamaged property and risk in the Goods will pass to the Council on delivery. Where payment has already been made, property in the Goods will pass on payment subject to the right to reject on subsequent delivery as set out in clause 8.

7. The Supplier will provide a delivery note quoting the order number and giving details of the goods delivered. The Council's order number must also be quoted on the invoice.

8. If the Goods delivered are not of the specified quality, quantity or type or if they do not comply with any sample previously supplied or are damaged on delivery so that in the reasonable opinion of the Council they cease to be fit for purpose then the Council can at its sole discretion reject all or part of them by notice in writing sent by first class mail and addressed to the Supplier at its last known address or by email.

9. If any Goods rejected by the Council are not removed by the Supplier within seven days from the date of the rejection the Council may remove the goods at the Supplier's cost. The Supplier will forthwith issue the Council with an appropriate Credit Note for the cost of the Goods so rejected and will forthwith reimburse the Council the cost of removal of the goods.

10. The Supplier warrants to the Council that the goods will be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and fit for any purpose stated by the Supplier and made known to the Council at the time the Order is placed; the goods will be free from defects in design, material and workmanship; the goods will correspond with any relevant specified sample and will comply with all statutory requirements and regulations relating to the sale of goods.

11. If the Supplier does not deliver the Goods within the time specified in the Order the Council may at its sole discretion cancel the Order.

12. The Council will not be liable for any loss of, damage to or deterioration of any rejected goods whilst in its possession.

13. The Supplier will not assign or sub-contract the order (in whole or in part) without the Council's prior agreement in writing but no consent is necessary for sub-contracting the delivery of the Goods notwithstanding which the Supplier will remain liable under these terms and conditions until property in the Goods passes to the Council.

14. The Supplier indemnifies the Council against all losses, claims and costs arising from injury (including death), loss of or damage to property real or personal arising out of the act or default of the Supplier, its servants, agents or sub-contractors in connection with the Order.

15. The Council at its sole discretion may cancel the Order immediately if the Supplier becomes bankrupt, has a Receiver appointed, goes into liquidation or otherwise enters into any arrangement or composition with Creditors or if the Supplier is guilty of any offence under relevant prevention of Corruption legislation.

16. Where a price is specified in the Order the price actually charged must not exceed it.

17. The Supplier will comply with every relevant legal requirement (including EU and UK Rules and Regulations) relating to the manufacture, packaging and delivery of the Goods.

18. English law applies to the Order.

19. The Council will at its sole discretion set off against the price any amount due from the Supplier under this or any other order (including but not limited to the costs of removal referred to in clause 9 above).

20. The Council's rights in these conditions supplement any warranty or guarantee offered by the Supplier. The Council will require the Supplier to remedy defects in the Goods (by repair or replacement) if within six months of delivery, the Goods in the opinion of the Council become defective due to poor design or workmanship, use of faulty materials or other relevant reason.

21. Except where otherwise agreed beforehand in writing by the Council, the invoice will be paid by BACS and the remittance advice sent by email or fax. The Supplier will provide details of its bank account and email address or fax number to the Council no later than the time of submitting the invoice relating to this Order.

22. The Supplier will comply with all relevant Health and Safety and anti-discrimination legislation, including but not limited to, the Race Relations Act 1976 (as amended), the Disability Discrimination Act 1995 (as amended) and the Equalities Act 2010 and any subsequent amendments thereto.

23. The Supplier will adhere to the Council's Equal Opportunities Policy at all times when working with the Council.

Note: These conditions were issued by the Derbyshire Dales District Council on 8th February 2013.

A guide for suppliers/contractors and service providers

We have produced this guide to assist suppliers. Throughout this document reference to "suppliers" means the supplies of goods, providers of services and contractors for works.

It aims to help in three ways:

  • It outlines the rules that the District Council must follow
  • It alerts companies to the opportunity to supply the District Council
  • It explains how to bid for District Council work

The District Council encourages competition and welcomes bids from new and established supplies.

Contracts are generally awarded on the basis of what is the most economically advantageous to the Council. The Council cannot discriminate in favour of local suppliers but they will be given every encouragement to compete for Council contracts.

By providing the information and guidance contained within this document it is hoped that suppliers will recognise that the District Council makes full use of fair non-discriminatory, honest and professional processes in the way it awards contracts and conducts its business processes.

If any company is interested in pursuing business opportunities with the District Council, the company should:

Our processes are continually reviewed in order to ensure they remain up to date and take into account the latest technology, good practice procedures and District Council priorities. This guide will be updated where appropriate to reflect such changes in procedure.

This statement of principle is produced to encourage effective trade between the District Council and small and medium-sized businesses.

The Procurement Strategy and its supporting Management Arrangement documents include a commitment to: -

  • The role procurement plays in delivering the Council's objectives and its contribution to the community strategy, workforce issues, diversity and equality and sustainability.
  • How we will encourage a diverse and competitive supply market, including small firms, social enterprises, ethnic minority businesses and voluntary and community sector suppliers.
  • A commitment to ensure that our approach to individual contracts, including large contracts and framework agreements etc, is supported by a sound business case and options appraisal.
  • A commitment that where we decide that the best value option is to aggregate supply or let a longer term contract or framework agreement we will invite bidders to demonstrate their tract record in achieving value for money through effective use of their supply chain.
  • A commitment to consider the role of SME specialist suppliers in delivering elements of larger contracts and framework agreements.

Access to contract opportunities

  • We will publish on our own website, guidance for suppliers on how to do business with the council and details of forthcoming bidding opportunities.
  • We will publish on the website Source Derbyshire details of forthcoming bidding opportunities (www.sourcederbyshire.co.uk).

Details of our key suppliers

  • We will advertise contracts. We will use a range of publications and other means in order to encourage greater diversity and competition.
  • We will give potential suppliers an opportunity to discuss the procurement in order to understand our requirements and assess their own suitability. Nothing will be done, however, which would give a particular business or provider an unfair advantage in competing for a specific contract.
  • We will work with contractors – both at tender stage and during the life of a contract – to establish the contribution that small firms, ethnic minority businesses, social enterprises and voluntary and community sector suppliers can play in the supply chain.

Fair tender processes

  • We will apply our own rules and policies fairly.
  • At pre-tender stage and during the tender process we will ensure that all tenderers have equal access to relevant information.
  • We will keep the tender process as simple as possible in order to help minimise the costs to suppliers.
  • If a pre-qualification stage is used we will use a Council-wide prequalification questionnaire containing common core questions with limited bespoke additions for each contract.
  • We will assess potential suppliers against published pre-qualification and tender evaluation criteria. These criteria will be proportionate to the risks of the individual contract process. In particular the criteria relating to financial standing will not to be set to unreasonably exclude newer businesses.

Feedback

We will offer meaningful feedback to suppliers following the procurement process in order that suppliers can improve for future tenders.

  • We will seek feedback from suppliers, and their respective trade associations, on our tender processes and address where we can – any problems that are brought to our attention.

Contract management

We will treat suppliers openly and fairly. Suppliers will:

  • Be paid on time. No more than 30 days from receipt of an undisputed invoice.
  • Receive honest and constructive feedback on the supplier's performance of the contract.
  • Be given notice of any performance problems and an opportunity, if appropriate, to put matters right.
  • All contracts will request our suppliers to pay their sub-contractors, throughout the supply chain, within 30 days from receipt of an undisputed invoice.

Supplier commitments

As customers we will make clear to our suppliers, and those wising to do business with us, what is expected of them.

Declaration of support for the Small Business Friendly Concordat

Whilst this concordat is a voluntary non-statutory document the District Council wish to pledge to actively engage with small business and demonstrate our commitment to good procurement practice.

Small & Medium Size Enterprises Concordat [PDF 19KB]

These Standing Orders (issued in accordance with Section 135 of the 1972 Local Government Act) are intended to promote good practice and public accountability and deter corruption. They provide a corporate framework for the procurement of all goods, services and works for the District Council.

Standing Orders are designed to ensure that all procurement activity is conducted with openness, probity and accountability. Officers responsible for entering into contracts, purchasing or disposal must comply with the statutory requirements of both the European Union and the United Kingdom Government. Officers must also comply with Standing Orders and Financial Regulations; the Code of Conduct; the Anti-Fraud and Corruption Policy and the Procurement Strategy and Policies. Officers must ensure that any Agents, Consultants and contractual partners acting on their behalf also comply.

Breach of these rules will be taken very seriously as they are intended to both protect public money and demonstrate that the District Council takes it's role as a guardian of public money very seriously. Should an Officer be found to be in breach of these rules then it may be treated as gross misconduct and could result ultimately in the dismissal of the employee. Similarly, anyone having knowledge of a failure to follow these rules must report a breach of these rules to the Monitoring Officer as soon as possible afterwards. Any failure to report a breach by a member of staff may also be treated as gross misconduct and could result in the Officer being dismissed.