Effective Procurement Strategies for Dynamic Markets

Procurement Procedures, Frameworks and Dynamic Markets

Open Procedure Single stage process No restriction on the number of tenderers Minimum time period for tenders reduced to 25 days where submitted electronically Can be reduced further to 10 days if a qualified planned procurement notice has been published OR there is urgency No requirement to set conditions of participation Exclusion grounds must be considered before assessing tenders The procurement can be modified up until the tender deadline Page 2 wardhadaway.com

Competitive Flexible Procedure Replaces previous procedures like competitive dialogue, competitive procedure with negotiation, innovation partnership, design contest, restricted procedure Can be multi stages Can limit the number of participants Can provide for refinement of award criteria Can limit the number of lots a supplier is allowed to bid for and/or the number of lots they may be awarded Notice requirements include Tender Notice, Contract Sward Notice and Contract Details Notice Authorities can be flexible in their design of the process (so long as it is proportionate) but they must follow it! Page 3 wardhadaway.com

Direct Award Similar to Regulation 32 of the PCRs 2015 (negotiated procedure without prior publication) Now called direct award justifications EG the production of a prototype for testing, research or development; or where competition is absent due to technical reasons; or because only one person holds the intellectual property; or the authority requires the creation of a unique work of art Justification of urgency remains but cannot be relied on if the urgency is attributable to the authority and is foreseeable Also, similar justification for repeated goods, services and works if the original contract was awarded within the previous 5 ears (previously 3), but the intention to do so must have been included in the tender Notice New justification of direct award to protect life only if a Minister publishes specific regulations Page 4 wardhadaway.com

Frameworks Standard frameworks more or less unchanged New implied term allowing a supplier to be excluded from any call-offs if they are an excluded supplier or have become an excludable supplier New concept of an Open Framework Described as a scheme of frameworks that provides for the award of successive frameworks on substantially the same terms Must be re-procured during the first 3 years Each framework must expire on the award of the next framework This means that new suppliers can be added at set times during the life of the framework Can last for up to a maximum of eight years What about incumbent suppliers? Depends on whether there is a limit on the number of suppliers on the framework Page 5 wardhadaway.com

Dynamic Markets To award a contract under a dynamic market, an authority must use the competitive flexible procedure Direct awards are not permitted They can be divided into categories, e.g. geographical areas No minimum or maximum term Modifications may be made during the life of a dynamic market, but there can be no changes to the conditions of membership Not available for below-threshold procurements Suppliers may submit applications for membership at any time The number of suppliers cannot be limited Suppliers may be reassessed at any time and may be removed (e.g. if they are on the debarment list) Page 6 wardhadaway.com

Thank you Ward Hadaway @WardHadaway wardhadaway.com