Where to find ojeu notices
Public procurement Public procurement. Law stated as at Dec Resource Type Practice notes. Jurisdictions England European Union Wales. Publication of procurement documents for above threshold Schedule 3 contracts. Exception to obligation to provide electronic access to procurement documents.
Providing access to procurement documents for iterative procurement processes. What information should the contracting authority have ready before drafting the OJEU notice?
A fine which a Court orders is payable by a contracting authority where a contract which they have entered into is declared to be ineffective. It may also be ordered if the grounds for ineffectiveness are made out but the Court is satisfied that there are reasons in the general interest that require the contract to be maintained.
The process that allows the contracting authority to discuss different options with bidders with a view to identifying the best solution s to meet its needs on which it then invites final tenders. The competitive dialogue procedure can only be used when the open and restricted procedures are not suitable for the procurement and if the conditions set out at Regulation 26 4 of the Public Contracts Regulations are met. Note that the competitive procedure with negotiation also allows dialogue with bidders prior to submission of final tenders.
See our award procedure decision tool for more information. This process allows contracting authorities to negotiate with more than one supplier in order to select a preferred bidder and to award a contract. Bidders must submit an initial tender which is then the basis for any subsequent negotiation.
The process can be used provided the criteria set out in Regulation 26 4 of the Public Contracts Regulations are met. In the procurement context this refers to two or more entities which have come together specifically for the purpose of bidding for appointment as a supplier and can include those parties establishing a special purpose vehicle to be the prime contracting party with the contracting authority.
The decision made by a contracting authority following the evaluation of tenders which confirms the successful tender and thus the tenderer with whom the contracting authority intends to enter into the contract. The contracting authority notifies tenderers of its contract award decision through the sending of an award decision notice aka 'standstill letter'.
A defined term in the Public Contracts Regulations meaning a public body that is subject to and must comply with those Regulations. Those contracting authorities listed specifically at Schedule 1 to the Public Contracts Regulations are further classified as central government authorities while contracting authorities that are not expressly listed but nonetheless are caught by the definition are classified as sub-central contracting authorities. The definition of contracting authority includes the State regional and local authorities together with any other body governed by public law.
The UK database of advertisements and award notices maintained by the Crown Commercial Service on behalf of the Cabinet Office to be used by contracting authorities to comply with the advertising and notification obligations of part 4 of the Public Contracts Regulations The standard EU numerical system of classification which identifies works goods and services in a tendering process.
CPV codes must be used by contracting authorities in OJEU notices to categorise their requirements in addition to a description in words. Searchable lists of CPV codes are available here.
An executive agency of the Cabinet Office that provides advice and guidance on procurement best practice and establishes framework agreements as a central purchasing body. Used in the context of contract awards under a framework agreement.
It is where the contracting authority selects one of the suppliers appointed to the framework agreement for a specific contract without re-opening competition i. To make a direct call off the contracting authority must be able to identify the supplier to perform the contract based on objective criteria which must be set out in the framework agreement.
A dynamic purchasing system is a completely electronic system established by a contracting authority under the restricted procedure which is used to purchase commonly used goods works or services which are generally available in the market. It must remain open throughout its period of validity to any Supplier meeting the selection criteria. See Regulation 34 of the Public Contracts Regulations for more details. Typically dynamic purchasing systems are used for lower value goods and may involve the contracting authority linking its purchasing IT system to those of suppliers.
The financial threshold above which certain procedural aspects of the Public Contracts Regulations the Utilities Contracts Regulations and the Concession Contracts Regulations become mandatory.
Different thresholds are applicable for a central government authorities and b sub-central contracting authorities. A measure by which the contracting authority can ascertain whether the prospective bidder is capable of handling the commercial and financial risks of the proposed contract.
Defined in Public Contracts Regulations as any person or organisation offering to supply products provide services or execute work s on the market. Essentially a bidder competing to be awarded the contract with the contracting authority or otherwise operating in the market. The business-to-business purchase and sale of works supplies and services conducted electronically via the internet or email. All bidders who are in the same situation being treated in an equivalent manner. Equal treatment is one of the overarching principles of the Public Contracts Regulations and the Procurement Directive.
A document in a standard form and recognised across all EU member states which a supplier participating in a procurement is entitled to submit to the contracting authority and which must be recognised by the contracting authority as self-certification that the supplier does not fall within any of the exclusion grounds and that it meets certain selection criteria.
The European Treaty from which the Procurement Directive derives and which establishes the internal market and free movement principles between European Member States.
Another term for Contract Award Criteria. May sometimes also be used to refer to selection criteria. The grounds under the Public Contracts Regulations which entitle a contracting authority to exclude a supplier from a procurement. There are two types of exclusion grounds those which are mandatory where the supplier must be excluded if any apply and those which are discretionary where the supplier may be excluded if any apply.
Exclusion is subject to the rules on 'self-cleaning'. The Freedom of Information Act An agreement between one or more contracting authorities and one or more suppliers which establishes the basis on which subsequent requirements for goods services or works can be met by suppliers appointed to the framework agreement. The procedure for establishing and operating a framework agreement is set out in Regulation 33 of the Public Contracts Regulations The Government Procurement Agreement which is an agreement established between a number of World trade Organisation WTO members designed to ensure fair competition in the government procurement markets.
The UK is currently as signatory by virtue of its membership of the EU. Guidance published by the Crown Commercial Service on best practice issues relating to public procurement. Usually published as a procurement policy note or PPN.
These fell within the scope of the light-touch regime of the Public Contracts Regulations on 18 April Procedures which started before that date remained within the scope of the old Part B Services regime in the Public Contracts Regulations A remedy which can be obtained by an unsuccessful supplier or other economic operator after the contract has been awarded in circumstances where a contracting authority 1 has failed to place a mandatory OJEU notice; or 2 has breached requirements relating to the standstill period thereby denying a supplier the opportunity to challenge an award decision; or 3 has failed to follow call-off requirements under a framework agreement for a call-off contract over the EU procurement threshold.
See Regulations of the Public Contracts Regulations In-house contracts may also be referred to as Teckal contracts - one of the exceptions to the Public Contracts Regulations i. If where permitted a Prior Information Notice PIN is used as a call for competition suppliers who have initially expressed an interest in response to the PIN are then invited by the contracting authority to confirm their continuing interest and at the same time are provided with further details of the procurement and contract and the requirements for their responses.
An order of the court requiring a party to either do or refrain from doing certain acts e. A document inviting short-listed bidders in the competitive procedure with negotiation to participate in a negotiation process and setting out the terms applying to that process. It may also be used in the negotiation stage of an innovation partnership. A document inviting short-listed bidders in the competitive dialogue procedure to participate in the dialogue stage of the process and setting out the terms applicable to that stage.
A document which may be issued during the dialogue stage of a competitive dialogue procedure which requires the bidders to submit full details of their proposed solution.
The response may be evaluated and this may result in a down-selection of bidders. A document which invites the remaining bidders in a competitive dialogue procedure to submit their final bids. This occurs after dialogue has been closed. Broadly equivalent to an ITT in a restricted procedure. A document which may be issued during the dialogue stage of a competitive dialogue procedure which requires the bidders to submit initial outline details of their proposed solution.
A document which invites bidders to submit their bid for the provision of goods services or works. An ITT is used in the restricted procedure or the open procedure. For example a contracting authority may specify that it requires goods with an ECO label.
There a strict rules under the Public Contracts Regulations governing the use of labels - see Regulation 43 for more details. Regulation 68 of the Public Contracts Regulations specifically permits use of this approach provided the method of calculating such costs is objectively verifiable and transparent. A new regime introduced by Regulations 74 to 76 of the Public Contracts Regulations for generally speaking though with a couple of exceptions services that used to fall under the previous Part B Services regime.
The services covered by the light touch regime are set out at Schedule 3 of the regulations. As the name suggests they are subject to lighter regulation than other services. If the value of the contract is over the relevant EU threshold the contracting authority must advertise it in the OJEU but there is flexibility as to the design of the remainder of the procurement process provided that safeguards around equal treatment and transparency are observed.
One of a number of categories of goods or services which a single procurement process has been divided into. The use of lots potentially allows for multiple providers to be appointed following one procurement process. An example might be a computer hardware procurement with one lot for laptop and a second lot for desktops.
A mini competition is a means of making a call-off for a multi-supplier framework agreement. It is used to re-open competition between all those suppliers within a framework agreement who are capable of meeting a particular need. The framework agreement must specify the circumstances when a mini-competition may be used and the terms which may be subject to re-opening of competition.
The criteria for selecting the most economically advantageous tender must also be set out in the framework agreement. The overarching criterion used to select the winning tender which is assessed through applying the contract award criteria.
It may include the best price-quality ratio or instead may use lowest price alone. The use of the negotiated procedure without publication of an OJEU notice. This is only permitted in extremely limited circumstances as it allows negotiation with only one supplier. These regulations apply in addition to the Public Contracts Regulations Published every working day in all official languages of the European Union.
It consists of two related series L for legislation and C for information and notices and a supplement S for public procurement. This supplement is where OJEU notices and award notices are published. OGC stands for the Office of Government Commerce the former organisation responsible for centralising and enhancing government procurement know how and expertise now replaced principally by the Crown Commercial Service.
A standard form notice placed in the Official Journal advertising that a contracting authority is commencing a procurement for goods services or works and seeking responses.
The OJEU notice is the formal start of the process and the call for competition. This process under the Public Contracts Regulations that allows all eligible applicants to tender using a single stage procurement process. Government Tenders. Local Authority Tenders.
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