The new Procurement Act has introduced some new notices and changes to existing notices which will affect certain steps during your call-off process.
This article is a guide, to help you during your call-off from the National LGPS Frameworks and ensure you remain compliant with the new regulations in regard to the notices you need to publish.
Contracting authorities will generally need to follow the Act's standard noticing provisions when awarding contracts under a Framework. The following exceptions apply to noticing provisions for contracts awarded under a Framework:
Whilst not a requirement of the Act, contracting authorities are encouraged to include call-off contracts valued at over £2 million in their pipeline notices.
Whilst the provisions on preliminary market engagement and preliminary market engagement notices in the Act do not apply when awarding a call-off contract, contracting authorities may, where relevant and appropriate, conduct preliminary market engagement and publish preliminary market engagement notices prior to awarding a contract in accordance with a Framework.
Tender notices are not published for call-off contracts.
Transparency notices are not relevant for call-off contracts.
A competitive selection process for the award of a call-off contract is not a competitive tendering procedure for the award of a contract under section 19. This means that the provisions on assessment summaries and mandatory standstill do not apply, although contracting authorities may choose to provide assessment summaries and implement a voluntary standstill period.
Note that as the competitive selection process does not involve the assessment of tenders (although it may require the assessment of suppliers' proposals in accordance with section 46(8)), there is no requirement to include in the contract award notice the information set out at regulation 27(2)(n) or (o) relating to unsuccessful suppliers.
Regulation 34 sets out the information to be included in a contract details notice published following the award of a call-off contract. Much of the same information is required as is required for an open or competitive flexible procedure, plus the following additional information:
a. the unique identifier for the procurement of the Framework in accordance with which the contract is being awarded;
b. whether the Framework is a defence and security Framework within the meaning given by section 47(4)(a) of the Act;
c. where the Framework is arranged by reference to Lots, the distinct number given by the contracting authority to the Lot under which the contract is being awarded;
d. details of which of the following procedures was used to award the public contract:
i. a competitive selection process for Frameworks, or
ii. an award without further competition, and
e. if it is an award without further competition, an explanation of why the contracting authority considered that it applies by reference to section 45(4) of the Act.
Contracting authorities awarding a 'notifiable below-threshold contract' under a Framework must publish a contract details notice containing the information set out in regulation 36 and, whilst not required under the Act, the notice should include information about the Framework they are using.
