Procurement Notice Requirements and Procedures
Learn about transparency and notices in procurement, including pipeline notices, planned procurement notices, preliminary market engagement notices, tender notices, and direct awards. Understand the obligations and details involved in each step of the procurement process.
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Presentation Transcript
Pipeline Notice Required for every contracting authority with an annual contract spend over 100m The 100m includes all contracts, not just above-threshold spend Must be published within 56 days of 1st April each year Includes details of all planned procurements over 2m that are likely to take place in the next 18 months Very useful intelligence for suppliers Page 2 wardhadaway.com
Above threshold Planned Procurement Notice Planned Procurement Notice Like the old Prior Information Notice used to signal an intention to publish a tender notice in the future Will include the estimated date of the tender notice, the scope of the procurement and the estimated value If published between 40 days and 12 months before the tender notice, has the effect of reducing the minimum permitted tendering time to 10 days. Page 3 wardhadaway.com
Above threshold Preliminary market engagement notice Required when an authority intends to conduct or has already conducted preliminary market engagement Will say either when the engagement will take place or when it finished Includes the location and time of evets and any periods for submission of expressions of interest in the engagement If a notice is not published, the later tender notice must include reasons why Page 4 wardhadaway.com
Above threshold tender notice Similar to the old contract notice Mandatory for above threshold competitive tender procedures Open procedure contains obvious information like subject and scope, but also how tenders will be assessed, conditions of participation (if any) and timescales For competitive flexible procedure, must state that this is the procedure being adopted and details as to how that procedure will work, e.g. if there will be negotiation, any limitations on the number of suppliers who will be taken forward, etc The tender notice should be re-published if any modifications are made to the procurement process Page 5 wardhadaway.com
Direct awards Will usually require a Transparency Notice Must be published before the authority enters into a direct award Contains details of the contract and estimated date that it will be entered into. Page 6 wardhadaway.com
Above threshold other notices Procurement termination notice required if an authority decides not to award a contract after a tender notice or transparency notice has been published Contract award notice published before the contract is entered into commences the 8 working day standstill period Contract details notice published within 30 days of entering into the contract Contract change notice must be published on most occasions that a permitted modification is made to a public contract Payment compliance notices published every 6 months giving details of an authority s compliance (or not) with its obligation to pay suppliers within 30 days Contract performance notices publish details of performance against KPIs (In the case of above- 5m contracts), or if a breach of contract has led to termination, damages or a settlement agreement or if there is poor performance of a contract which has not improved. Page 7 wardhadaway.com
Below threshold notices For contracts over 12,000 (for central government) or 30,000 (everybody else, but below the procurement thresholds A below threshold tender notice must be published if the authority is advertising the contract opportunity in any way, but not if it is only approaching pre-selected suppliers A below threshold contract details notice must be published after the below threshold contract has been entered into. Must be published as soon as reasonably practicable . Page 8 wardhadaway.com
Thank you Ward Hadaway @WardHadaway wardhadaway.com
