Contract Procedure Rules - Contracts Conditions, Bonds, Guarantees and Damages
13. CONTRACT CONDITIONS
13.1 Every contract for goods or services regardless of value shall be in writing and shall specify:
(1) the work, materials, matters or things to be furnished had or done;
(2) the price to be paid, with a statement of discounts or other deductions; and
(3) the time, or times within which the contract is to be performed.
Every contract over £50,000 shall be in a form approved by the Principal Solicitor.
14. EXTENDING EXISTING CONTRACTS
14.1 The authorised officer, after consultation with the appropriate Senior Officer, may extend a contract subject to the extension being within the scope of the original scheme (subject to Rule 4.1.c).
14.2 Extensions to capital project contracts that will fall outside the scope of the original scheme will require the approval the relevant Senior Officer.
14.3 If the original contract was subject to the EU procurement regulations, the contract can only be extended within the parameters identified in the original EU contract notice, or if the notice explicitly contained provision for extension.
15. PERFORMANCE BONDS AND GUARANTEES
15.1 In the case of all contracts valued above £50,000 the authorised officer shall determine, based on advice from the Director of Corporate Resources, the degree of security (if any) required to protect the Council from a contractor default. This may be a performance bond or some other form of financial or performance guarantee.
15.2 Where an order is placed with a Council in-house service and work forming part of that order is sub-contracted to an external company, then the provisions of Rule 15.1 will apply.
15.3 Where a performance bond and/or parent company guarantee is required, then the tender documents must provide for this.
16. LIQUIDATED DAMAGES
16.1 Any contract which is estimated to exceed £100,000 in value or amount, and is for the execution of works, or for the supply of goods or materials by a particular date or series of dates, shall provide for liquidated damages. The amount to be specified in each such contract shall be determined by a Senior Officer in consultation with Legal Services.
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