tendering procedures, and the circumstances are detailed in an appropriate Trust record; where the requirement is covered by an existing contract; national framework agreements are in place. where a consortium arrangement is in place and a lead organisation has been appointed to carry out tendering activity on behalf of the consortium members; where the timescale genuinely precludes competitive tendering but failure to plan the work properly would not be regarded as a justification for a single tender; where specialist expertise is required and is available from only one source; when the task is essential to complete the project, and arises as a consequence of a recently completed assignment and engaging different consultants for the new task be inappropriate; there is a clear benefit to be gained from maintaining continuity with an earlier project. However in such cases the benefits of such continuity must outweigh any potential financial advantage to be gained by competitive tendering; for the provision of advice and services providing that any legal firm or partnership commissioned by the Trust is regulated by the Law Society for England and Wales for the conduct of their business (or by the Bar Council for England and Wales in relation to the obtaining of Counsel’s opinion) and are generally recognised as having sufficient expertise in the area of work for which they are commissioned. The Director of Finance will ensure that any fees paid are reasonable and within commonly accepted rates for the costing of such work. Where it is decided that competitive tendering is not applicable and should be waived, the fact of the waiver and the reasons should be documented and recorded in an appropriate Trust record and reported to the Integrated Audit Committee at each meeting. Fair and Adequate Competition Where the exceptions set out in these standing financial instructions do not apply, the Trust shall ensure that invitations to tender are sent to a sufficient number of
work done or services rendered have been satisfactorily carried out in accordance with the and, where applicable, the materials used are of the requisite standard and the charges are correct; in the case of contracts based on the measurement of time, materials or expenses, the time charged is in accordance with the time sheets, the rates of labour are in accordance with the appropriate rates, the materials have been checked as regards quantity, quality, and price and the charges for the use of vehicles, plant and machinery have been examined; where appropriate, the expenditure is in accordance with regulations and all necessary authorisations have been obtained; the account is arithmetically correct; the account is in order for payment. A timetable and system for submission to the Director of Finance of accounts for payment; provision shall be made for the early submission of accounts subject to cash discounts or otherwise requiring early payment. Instructions to employees regarding the handling and payment of accounts within the Finance Department. Prepayments Prepayments are only permitted where exceptional circumstances apply. In such instances: Prepayments are only permitted where the financial advantages outweigh the disadvantages (i.e. cash flows must be discounted to NPV using the National Loans Fund (NLF) rate plus 2%). The appropriate Director must provide, in the form of a written report, a case setting out all relevant circumstances of the purchase. The report must set out the effects on the Trust if the supplier is at some time during the course of the prepayment agreement unable to meet his commitments: The Director of Finance will need to be satisfied with the proposed arrangements before contractual arrangements proceed (taking into account the EU public procurement where the contract is above a stipulated financial threshold):