S.I. No. 37/1961 - Local Authorities (Combined Purchasing Regulations) Order, 1961.

S.I. No. 37 of 1961.

LOCAL AUTHORITIES (COMBINED PURCHASING REGULATIONS) ORDER, 1961.

The Minister for Local Government in exercise of the powers conferred on him by sections 8 , 14 , 15 and 19 of the Local Authorities (Combined Purchasing) Act, 1939 (No. 14 of 1939) by this his Order, makes the following regulations :—

1. This Order may be cited as the Local Authorities (Combined Purchasing Regulations) Order, 1961.

2. In this Order :—

" the Act " means the Local Authorities (Combined Purchasing) Act, 1939 ;

" deposited price list " means a manufacturer's price list showing the prices of commodities submitted by an applicant for appointment as an official contractor and authenticated by the signature of the applicant or, where the applicant is a company, of the secretary of the company ;

" the Minister " means the Minister for Local Government.

3.—(1) Every application for appointment as official contractor shall be—

(a) made in the form (C.P.1.) in the First Schedule hereto or in a form to the like effect and

(b) accompanied by a completed tender form in the form (C.P.2) in the said Schedule or in a form to the like effect and where the price is required to be stated by reference to a deposited price list, such price list.

(2) Every application for appointment as an official contractor shall be accompanied by an undertaking by the applicant that, in the event of his appointment and of his manufacturing or producing such commodity at any time during the period of his appointment, he will permit such manufacture or production to be inspected by the Minister.

(3) Where the Minister directs in respect of any commodity that the price at which an applicant for appointment as an official contractor is willing to supply the commodity shall be stated by reference to a deposited price list, the price shall be stated on the said tender form as a percentage reduction or increase in the prices shown in the deposited price list.

(4) Where the Minister invites applications from persons for appointment as official contractor for the supply of a commodity at a specified price, the Minister shall cause to be inserted in the said form the price so specified.

(5) Where the Minister directs in respect of commodities which are medicines or medical and surgical appliances that the prices at which an applicant for appointment as an official contractor is willing to supply the commodities shall be stated on the said tender form by reference to a price list for the commodities determined by the Minister for Health, the price shall be stated on the tender form as a percentage reduction or increase in the prices shown in the said price list.

(6) Where the Minister directs in respect of any commodity that the price of the commodity shall be stated by reference to local authorities or areas other than those specified in the tender form (C.P.2) in the First Schedule hereto, the said form shall be modified so as to give effect to such direction.

4.—(1) Every order for the supply of a commodity required from an official contractor in pursuance of subsection (1) of section 10 of the act shall be in the form (C.P.3) in the First Schedule hereto or in a form to the like effect and shall bear a consecutive identifying number in print and be taken from a book so constructed as to provide for duplicate carbon copies of every order.

(2) Every such order shall be transmitted by post or delivered to such official contractor or his authorised agent.

5.—(1) The Minister may, as respects any commodity, provide an official sample of the commodity.

(2) Every official sample shall be kept deposited at the offices of the Department of Local Government and may be inspected when the said offices are open for public business—

(a) by any intending applicant for appointment as official contractor,

(b) by an officer of a local authority, after an official contractor has been appointed for the commodity, and

6. Where an applicant for appointment as official contractor for a commodity furnishes a sample of the commodity for the supply of which he applies for such appointment and the applicant is appointed an official contractor, the sample shall be kept deposited at the offices of the Department of Local Government from the date of its delivery until three months after the expiration of the period for which he is so appointed and the sample may be inspected during the said period at any time when the said offices are open for public business by the official contractor or his agent or by an officer of any local authority.

7. The conditions of supply of any commodity by an official contractor for the commodity shall be those set forth in the Second Schedule hereto.

8.—(1) A local authority to which an official contractor has supplied any commodity in accordance with his appointment under the Act may have the quality or nature of the commodity supplied tested or ascertained as follows :—

(a) the local authority shall, within fourteen days of the delivery of the supply, cause a sample to be taken ;

(b) where the commodity is such that a sample may conveniently be divided into parts, the local authority shall divide the sample into three parts, one of which shall be retained by the local authority and the other two of which shall be sent by post or delivered to the Minister and the official contractor respectively ;

(c) where the commodity is such that a sample cannot conveniently be divided into parts the local authority shall send by post or deliver the sample to the Minister ;

(d) every sample retained by a local authority or sent by post or delivered in pursuance of this article shall be marked with a distinctive sign, fastened and sealed in such manner as its nature will permit ;

(e) the local authority shall send by post or deliver to the official contractor notice in writing stating that they have caused the sample to be taken and have sent the sample or part thereof to the Minister to have the quality or nature of the commodity tested or ascertained.

(2) Where a sample or part of a sample of a commodity is received by the Minister in pursuance of this article, he shall deliver the sample or part to an examiner who shall test the quality or nature thereof and certify to the Minister in the form (C.P.4) in the First Schedule hereto the result of the test and the Minister shall send to the local authority a copy of the certificate.

(3) Where a local authority receives from the Minister a copy of a certificate of an examiner, they shall notify the official contractor of the result of the test.

(4) A certificate given in pursuance of this article by an examiner of a commodity stating the result of the test of a sample or part of a sample of a commodity shall, as respects the sample or part, be conclusive evidence for all purposes of the result of the test.

(5) In this article " an examiner " means in relation to a commodity the person appointed by the Minister to test the quality or nature of samples of the commodity.

9.—(1) A local authority may purchase a supply of a commodity for which an official contractor has been appointed from a person who is not an official contractor for the commodity in the following circumstances :—

(a) where there is urgent need for a supply of a commodity which is a medical, surgical, dental, ophthalmic, aural or other similar requirement and the local authority cannot procure the commodity or cannot procure it without undue delay ;

(b) where a supply of the commodity is necessary for the execution of any work occasioned by an emergency ;

(c) where a supply of the commodity is essential to enable a service provided by the local authority to be continued without interruption ;

(d) where a supply of the commodity ordered by the local authority from an official contractor has not been delivered at the place of delivery or within the period for delivery specified in the tender form submitted with the application for appointment ;

(e) where a supply of the commodity delivered by an official contractor to the local authority is not of the quality or nature ordered or is deficient in weight, size, measure or quantity ;

(f) where the prior approval of the Minister has been obtained to the purchase in any special case.

(2) The purchase in pursuance of sub-paragraphs (a) to (e) of paragraph (1) of this article of a supply of a commodity for which an official contractor has been appointed from a person who is not an official contractor shall be subject to the following restrictions and conditions :—

(a) the supply purchased shall be only such as is sufficient to meet the requirements of the local authority until a supply of the commodity can be obtained from an official contractor for the supply thereof ;

(b) the circumstances in which a supply of a commodity was purchased shall be noted by the officer who ordered the supply in a special register which shall be produced to the auditor at the audit of the accounts of the local authority ;

(c) where the commodity is purchased in the circumstances specified in sub-paragraphs (d) and (e) of paragraph (1) of this article, the local authority shall forthwith notify the Minister in writing of the particulars and circumstances of the purchase.

10.—(1) Whenever the Minister requires a local authority in pursuance of subsection (1) of section 12 of the Act to submit to him an estimate of the total quantity of a specified commodity which such local authority will require during a specified period for the purposes of their powers and duties, such estimate shall be submitted to the Minister in the form (C.P. 5) in the First Schedule hereto.

(2) The secretary, town clerk or chief executive officer of a local authority shall be the prescribed officer for the purposes of section 12 of the Act.

FIRST SCHEDULE

Form C.P.1.

APPLICATION FOR APPOINTMENT AS OFFICIAL CONTRACTOR LOCAL AUTHORITIES (COMBINED PURCHASING) ACT, 1939

Period of appointment from ........................................19... to............................19......

Name of Applicant............................................................ .

Address............................................................ ...................

The above-named applicant hereby makes application to the Minister for Local Government to be appointed an official contractor under the above Act for the supply during the above-mentioned period of the commodities, indicated by reference to item numbers in the tender forms submitted with this application to the local authorities indicated in the said tender form, at the prices entered in the said tender form.

The quality of each of the said commodities shall—

(a) be of the standard specified by the Minister for Local Government for the commodity,

(b) not be inferior to the official sample of the commodity deposited at the offices of the Department of Local Government,

The above-named applicant is willing to conform in respect of each of the said commodities with the conditions of supply prescribed in the Second Schedule to the Local Authorities (Combined Purchasing Regulations) Order, 1961.

The above-named applicant undertakes that in the event of his appointment as official contractor and of his manufacturing or producing any of the said commodities at any time during the period of his appointment, he will permit such manufacture or production to be inspected by the Minister for Local Government.

Dated this...........................day of.................................19....

Signed........................................................

Form C.P.2

TENDER FORMS

TENDER FORM (A)
Name of applicant		Address					Item No.
Country of Origin		Brand(s) and Name of Manufacturer					Period for delivery from date of Order
									days
Prices	Local Authorities in the County Borough of Dublin			Local Authorities in the County Borough of Cork			Local Authorities in the remainder of Ireland		Unit
£	s.	d.	£	s.	d.	£	s.	d.
									per

Dated.......................................................

Signed......................................................

TENDER FORM (B)*
Name of Applicant		Address	Item No.
Country of Origin		Brand(s) and Name of Manufacturer	Period for delivery from date of Order
			days
Prices Percentage reduction or increase in Price List (- or +)	Local Authorities in the County Borough of Dublin	Local Authorities in the County Borough of Cork	Local Authorities in the remainder of Ireland

Dated............................................................ ...........

Signed .......................................................

*Form B. should be used by applicant where a deposited price list is used or where the price is required to be stated by reference to a price determined by the Minister for Health.

Form C.P.3.

ORDER TO OFFICIAL CONTRACTOR

Order to Official Contractor	INVOICE
Number............	Number............ Day of .................19......
............................................................ ..	............................................................ .............................................
(Name of local authority)	(Name of local authority)
............................................................ ....	............................................................ .............................................
(service)	(service
............................................................ ...	............................................................ .............................................
................day of.........................19......	Dr...............................................
	............................................................ .......
Particulars and quantity of commodity ordered	Date	Particulars of Commodity supplied	Rate	£	s.	d.
Place(s) and time(s) of delivery
.......................................
.......................................
To (Name of Official Contractor)
.......................................
Please deliver to the above-named local authority the quantity of the above-named commodity and charge the same to the .....................account of the said local authority.
Signed....................			Total
Authorised Officer
	Recieved by	Date	Examined and found correct	To be paid
The contractor shall produce this order to the local authority or to the local government auditor if so required.

Form C.P.4

CERTIFICATE OF RESULT OF TEST OF COMMODITY

LOCAL AUTHORITIES (COMBINED PURCHASING) ACT, 1939 .

I hereby certify that—

1. On the.............................day of ............................19...... I received from the Minister for Local Government a sample sent to the said Minister by

............................................................ ............................................................ ............................................................ .. in pursuance of article 8 of the Local Authorities (Combined Purchasing Regulations) Order, 1961.

2. I have tested the said sample as follows :—

3. The result of the said test was as follows :—

Dated this..................................................day of.............................19.......

Signed............................................................ ................

Examiner

Form C.P.5

ESTIMATE OF THE TOTAL QUANTITY OF A COMMODITY REQUIRED BY A LOCAL AUTHORITY

(Name of local authority)............................................................ ..........

Estimate of the requirements of the total quantity of (name of commodity) in respect of the period from........................19......to........................19......

Commodity	Estiamte of total quantity required during the period	Approximate dates on which deliveries will be required during the period

CERTIFICATE

I hereby certify that.........................................(name of local authority)............................................have approved of the foregoing estimate of their requirements of the commodity to which the estimate relates during the above-mentioned period.

Dated this.......................day of........................19.......

Signed..................................................

Prescribed Officer for the purposes

of section 12 of the Local Authorities

(Combined Purchasing) Act, 1939.

SECOND SCHEDULE

CONDITIONS OF SUPPLY OF ANY COMMODITY BY AN OFFICIAL CONTRACTOR

1. The price shall be inclusive of all import duties and charges arising therefrom in force on the date on which an application is made to be appointed an official contractor for the commodity.

2. Where an official sample has been provided for the commodity, the quality of the commodity shall not be inferior to the official sample.

3. Where a standard of quality has been specified by the Minister for the commodity, the quality of the commodity supplied shall be of the standard specified.

4. Where an official sample has not been provided and a standard of quality has not been specified for the commodity, the quality of the commodity supplied shall not be inferior to the sample of the commodity furnished by the applicant and deposited at the offices of the Department of Local Government.

5. The commodity shall be delivered—

(a) within the period for delivery from the date of the order therefor which is specified in the tender form with the application to be appointed an official contractor for the commodity.

(b) carriage paid to the railway station or road service depot nearest to the place of delivery indicated by the local authority in the order requiring the supply of the commodity or where the place of delivery so indicated is a specified address within eight miles of the General Post Office at Dublin or at Cork to the address so specified, or

(c) postage paid to the place of delivery indicated by the local authority in the order requiring a supply of the commodity, or

(d) ex-works or ex-stores where the commodity is required to be supplied in bulk and delivery is stated by the applicant in the said tender form to be ex-works and ex-stores.

6. —(1) The commodity shall be consigned by the official contractor securely packed in suitable packing materials, cases or containers.

(2) The official contractor shall not make any charge for packing materials and shall not require such materials to be returned by the local authority.

7. Where a charge to be made for a case or container was specified by the applicant when he applied for appointment and the Minister in appointing the applicant an official contractor authorised the making of the said charge, the amount of such charge shall be recoverable by the local authority when the case or container is returned in good order and condition, carriage paid.

8. In calculating the weight of a commodity, the weight of packing materials, cases and containers shall be excluded except where the commodity is required to be supplied in bulk.

9. Delivery of the commodity shall be effected when the secretary, clerk or other authorised officer of the local authority shall have duly accepted delivery on behalf of the local authority.

10. Where in the public notice in pursuance of subsection (1) of section 6 of the act inviting applications from persons for appointment as official contractor, the Minister states that the commodity is to be supplied in bulk—

(a) the official contractor shall not be required to deliver any quantity less than ten tons ;

(b) where the commodity is delivered in drums, the weight of the drums shall be included in calculating the weight of the commodity and no additional charge shall be made in respect of the drums ;

(c) where delivery of a commodity is made by road or rail tanker the net weight of the commodity only shall be included in the invoice relating to the supply of the commodity ;

(d) on the exterior of every drum in which the commodity is consigned, the official contractor shall mark in a permanent and legible manner a distinguishing number and the total weight of the drum with its contents at the time of dispatch ;

(e) the invoice relating to the consignment shall state the total weight of each drum with its contents at the time of dispatch by reference to the distinguishing number marked on the drum, and

(f) the distinguishing numbers marked on the drums in any one consignment shall be in consecutive numerical order.

GIVEN under the Official Seal of the Minister for Local Government this Twenty-seventh day of February One Thousand Nine Hundred and Sixty-one.

NEIL T. BLANEY

Minister for Local Government.

EXPLANATORY NOTE

This Order prescribes various forms for use under the Local Authorities (Combined Purchasing) Act, 1939 .

The Order also makes arrangements for the provision of samples of commodities and prescribes the procedure for the testing of the quality or nature of a commodity supplied by an official contractor ; it also specifies the circumstances under which a local authority may purchase a supply of a commodity from a person other than an official contractor.