Lynne and Jen take you through some recent developments in case law affecting commercial contracts and procurement, dealing with:
• whether a written contract can in fact still be varied orally
• whether information held by a local authority should be subject to disclosure under a FOIA request
• the new test for penalty clauses
• the first case considering a challenge involving the NHS Procurement Regulations
• the first case resulting in the issue of an ineffectiveness order against a public contract in the UK.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Major changes in the new Public Procurement Directives, June 2014, Universida...Carina Risvig Hamer
The new EU Public Procurement Directives were published in March 2014. The Danish implementation of the directives will involve a public procurement law committee discussing changes. The committee is comprised of representatives from government ministries, organizations, and industry. They will work to draft new Danish procurement legislation that implements the directives. The outcome will likely be one large act that closely mirrors the wording of the directives. A proposal is expected in early 2015.
The document summarizes changes to EU procurement regulations and proposed UK reforms. Key changes include shorter timescales for procurement processes, exemptions for local authority cooperation and social enterprises, a "light touch" regime for certain services, and the ability to exclude poorly performing suppliers from re-tendering. The UK government may introduce new legislation imposing duties around procurement and investigating authorities' functions. Proposed reforms include removing pre-qualification questionnaires for lower value contracts and mandating 30-day payment terms for subcontractors.
1. The document summarizes recent developments in EU case law on electronic communications. It discusses several cases that addressed issues such as the independence of national regulatory authorities, the definition of electronic networks and services, obligations for call termination rates, and ensuring access to non-geographic telephone numbers.
2. Key rulings included that the Framework Directive does not preclude the merger of national regulatory authorities as long as independence and transparency are maintained. Dismissals of authority members must be justified by rules in place. National authorities have discretion in regulating markets but must consider Commission recommendations. Operators may be required to ensure access to non-geographic numbers.
3. One case concerned a former state-owned monopoly in Denmark that
The Board of Directors (BD) of the Competition Superintendence (CS) authorized the acquisition of Telefonica Multiservicios´ clientele portfolio and certain assets by AMNET, after having determined that said operation would not create a significant limitation on the current competition. AMNET is obliged to annually report the benefits of the above cited acquisition to the consumers (its clientele).
Effective Public Procurement as Panacea for Good Governance and Accountability DadaOlusegun4
4- Day Workshop for Ekiti State Legislators on the Budget Process By O'Seun Odewale (Director General and Special Adviser of the Ekiti State Bureau of Public Procurement)
This document discusses the tendering process for procurement of goods by the government of India. It outlines the key rules and regulations that govern public procurement as per the General Financial Rules 2017. These include promoting transparency, fairness and competition. It describes the different tendering methods like open/limited tender, e-procurement, rate contracts etc. It provides thresholds for different tendering processes based on the estimated value of procurement. The overall objective is to ensure efficiency, economy and public accountability in government spending.
Lynne and Jen take you through some recent developments in case law affecting commercial contracts and procurement, dealing with:
• whether a written contract can in fact still be varied orally
• whether information held by a local authority should be subject to disclosure under a FOIA request
• the new test for penalty clauses
• the first case considering a challenge involving the NHS Procurement Regulations
• the first case resulting in the issue of an ineffectiveness order against a public contract in the UK.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Major changes in the new Public Procurement Directives, June 2014, Universida...Carina Risvig Hamer
The new EU Public Procurement Directives were published in March 2014. The Danish implementation of the directives will involve a public procurement law committee discussing changes. The committee is comprised of representatives from government ministries, organizations, and industry. They will work to draft new Danish procurement legislation that implements the directives. The outcome will likely be one large act that closely mirrors the wording of the directives. A proposal is expected in early 2015.
The document summarizes changes to EU procurement regulations and proposed UK reforms. Key changes include shorter timescales for procurement processes, exemptions for local authority cooperation and social enterprises, a "light touch" regime for certain services, and the ability to exclude poorly performing suppliers from re-tendering. The UK government may introduce new legislation imposing duties around procurement and investigating authorities' functions. Proposed reforms include removing pre-qualification questionnaires for lower value contracts and mandating 30-day payment terms for subcontractors.
1. The document summarizes recent developments in EU case law on electronic communications. It discusses several cases that addressed issues such as the independence of national regulatory authorities, the definition of electronic networks and services, obligations for call termination rates, and ensuring access to non-geographic telephone numbers.
2. Key rulings included that the Framework Directive does not preclude the merger of national regulatory authorities as long as independence and transparency are maintained. Dismissals of authority members must be justified by rules in place. National authorities have discretion in regulating markets but must consider Commission recommendations. Operators may be required to ensure access to non-geographic numbers.
3. One case concerned a former state-owned monopoly in Denmark that
The Board of Directors (BD) of the Competition Superintendence (CS) authorized the acquisition of Telefonica Multiservicios´ clientele portfolio and certain assets by AMNET, after having determined that said operation would not create a significant limitation on the current competition. AMNET is obliged to annually report the benefits of the above cited acquisition to the consumers (its clientele).
Effective Public Procurement as Panacea for Good Governance and Accountability DadaOlusegun4
4- Day Workshop for Ekiti State Legislators on the Budget Process By O'Seun Odewale (Director General and Special Adviser of the Ekiti State Bureau of Public Procurement)
This document discusses the tendering process for procurement of goods by the government of India. It outlines the key rules and regulations that govern public procurement as per the General Financial Rules 2017. These include promoting transparency, fairness and competition. It describes the different tendering methods like open/limited tender, e-procurement, rate contracts etc. It provides thresholds for different tendering processes based on the estimated value of procurement. The overall objective is to ensure efficiency, economy and public accountability in government spending.
The presentation was part of NCVO's skills and information workshops on 7 – 18 October 2013.
The presentation was by NCVO, ACEVO and Candour Collaborations and explores the facts around transforming rehabilitation procurement.
Find out more about NCVO's work on transforming rehabilitation: http://blogs.ncvo.org.uk/2013/01/10/transforming-rehabilitation/
Understanding Pre Qualification QuestionnairesLloyd Sewell
Tendering for contracts training offers a comprehensive training programme provided by small enterprise support specialists and public sector support specialists for small firms who wish to develop new revenue streams by tendering for public sector contracts.
The document discusses procurement issues and practices in the oil and gas industry in Tanzania. It begins by defining procurement and outlining key principles like transparency, fairness and value for money. It then examines different contracting concepts and strategies used for complex oil and gas projects. These include using individual contracts or consolidated EPIC and alliance contracts. The document also covers rules for procurement from international standards and specific procedures for procuring oil products in Tanzania. It concludes by discussing performance evaluation of suppliers in the industry.
The document discusses a Dynamic Purchasing System (DPS) for home adaptations managed by Independence Community Interest Company (INCIC). It aims to improve the delivery of Disabled Facilities Grants by offering pre-qualified contractors through an online platform. Contractors are vetted and divided into categories. The council would pay a 1% fee to access INCIC's system and manage the entire process of procuring adaptation works through online tendering. While it provides benefits like time savings and contractor monitoring, there is still room for improving contractor availability and expanding price schedules.
On the 14th March 2014 the House of Commons committee on public accounts report "Contracting out public services to the private sector" was published, and makes uncomfortable reading for those involved as suppliers or procurers. It might be tempting to say this is the reality of the difficulties of delivering public services, and it might instead be the case that procuring services through contracts performs with great variability across all sectors commercial and public.
A conference was hosted by the APM Value Management SIG that looked at those issues in the face, entertained the notion that the solution is in the hands of project teams, from either side, client or supplier/contractor, and sought to prove that case, with both theory and evidence!
The event included the following speakers:
John Heathcote, APM Value Management SIG Chair
Alan Munro (keynote speaker)
Paul Riley, Head of Capital Projects, Leeds Metropolitan University Estates & Contractor partners BAM
John Phillips, BAM Director
Professor Farzad Khosrowshahi, Head of the School of the Built Environment & Engineering
Presentation of the “SIGMA workshop on tendering of PPP projects and contract signature”, held in Ankara on 11-12 April 2018. Presentation made by Mr. Mario Turkovic, SIGMA.
What is a PQQ - Pre Qualfication Questionaire
A (PQQ) is normally issued by the contracting authority when they require contractors to supply goods / products or services - It is one of the main documents that must be completed correctly and must be returned to the contracting authority by the specified
date if the contractor wishes to be included in the tendering process and hope to win the contract.
This document represents a standard PQQ and our objective to assist small firms in completing the document correctly - We will provide (1 hour) of free advice to all firms
on request.
In addition to this document, we provide a training programme for firms who wish to fully understand and successfully take part in tendering and procurement both in the private and public sector.
PQQ Evaluation
We provide an assessment of how the PQQ may be evaluated and the qeighting factors attached to each section as part of the (1 hour) support
END
Conway Stewart Social value 14 feb 2014 daniel.heery
This document outlines Cumbria County Council's procurement strategy, which aims to use procurement as a tool to deliver policy objectives and efficiency savings while also adding social value. The strategy focuses on principles like buying responsibly, staff development, and partnership working. It also discusses how the council implements social value requirements in contracts by including clauses related to issues like local employment, apprenticeships, and community benefits. Examples are provided of social value clauses used in various council contracts like transportation and construction. The strategy indicates the council is committed to both cost savings and promoting social, economic and environmental well-being through its procurement processes.
Presentation discussing the requirements of the EU rules on public sector procurement and other things to be considered when purchasing in the public sector.
SLIC Introduction to procurement event, NLS, Edinburgh 09/11/2009.
Innovate UK's monitoring services procurement - engagement event slidesInnovate UK
This document provides an overview of Innovate UK's plans to procure monitoring services through a Dynamic Purchasing System (DPS). It will cover: an introduction to Innovate UK; an overview of the monitoring services being procured and the lot structure; details on how suppliers can join the DPS and the procurement timeline; and an overview of the new operating model for monitoring services. The goal is to establish a pool of pre-qualified suppliers through an open DPS to provide monitoring services for Innovate UK projects on an as-needed basis.
Presentation to Ukraine Commodity Market Development Conference
The author of the presentation: Christa Lachenmayr, Division of Market Oversight, CFTC (US)
Changes to the EU procurement rules - how will it affect you? Lewis Silkin
The document summarizes key changes to the EU procurement rules as outlined in three new Directives. It discusses changes such as increased use of electronic communication, shorter timelines, greater flexibility in procedures like competitive dialogue and negotiated procedures, new rules around modifications to contracts, and changes to rules for certain services. The UK will implement the Directives into national regulations through consultation and with the aim of "copying out" the Directives without gold plating the requirements.
Ontario Cap & Trade - Time is Running Out for Small & Medium Business to SaveDuncan Rotherham
On July 1st, Ontario’s Cap and Trade Regulation went into force. This can have an enormous impact on businesses’ energy-based operating costs. Now is the time to determine what this means for your business.
On July 1st, Ontario’s Cap and Trade Regulation went into force. This can have an enormous impact on businesses’ energy-based operating costs. Now is the time to determine what this means for your business.
Presentation by Rachael Colley, Procurement Solutions and Innovation Manager, NHS Shared Business Services: Procurement at Excel in Health: understanding the NHS as a market place on Tuesday 26 February 2019 at Vanguard House, Daresbury.
Innovate UK's monitoring services procurement - full briefing packInnovate UK
Innovate UK is expanding its use of monitoring services to manage increased grant funding and a growing number of projects. It plans to establish a Dynamic Purchasing System to procure these services, dividing opportunities into lots by sector. Suppliers can apply to join the DPS and will bid on contracts as they arise. Innovate UK will define requirements for each project and evaluate bids based on price and quality. The goal is to broaden their pool of monitoring experts to effectively oversee grant funding and ensure projects comply with policies.
The Crown Commercial Service (CCS) framework provides public sector organizations access to procurement services from Atkins, a leading design and engineering consultancy. The framework streamlines the procurement process, allowing direct award of contracts to Atkins within 2-4 weeks rather than the typical 6-9 month OJEU process. Using the framework provides credibility, value through cost savings, and compliance with UK procurement policies. Organizations can access architectural, civil engineering, and building services from Atkins through participating in the framework.
The document summarizes the new European Union public procurement directives that were adopted in February 2014 and will be implemented in the United Kingdom by April 2016. It discusses the UK's approach to negotiating the directives, key issues and outcomes, and plans for implementation. The UK welcomed changes that reduce burdensome procurement processes and support small businesses, and negotiated provisions on framework agreements, past performance evaluation, and social/environmental criteria. Implementation will involve stakeholder consultation, regulations, and training over 140,000 procurement personnel through online and in-person methods.
The presentation was part of NCVO's skills and information workshops on 7 – 18 October 2013.
The presentation was by NCVO, ACEVO and Candour Collaborations and explores the facts around transforming rehabilitation procurement.
Find out more about NCVO's work on transforming rehabilitation: http://blogs.ncvo.org.uk/2013/01/10/transforming-rehabilitation/
Understanding Pre Qualification QuestionnairesLloyd Sewell
Tendering for contracts training offers a comprehensive training programme provided by small enterprise support specialists and public sector support specialists for small firms who wish to develop new revenue streams by tendering for public sector contracts.
The document discusses procurement issues and practices in the oil and gas industry in Tanzania. It begins by defining procurement and outlining key principles like transparency, fairness and value for money. It then examines different contracting concepts and strategies used for complex oil and gas projects. These include using individual contracts or consolidated EPIC and alliance contracts. The document also covers rules for procurement from international standards and specific procedures for procuring oil products in Tanzania. It concludes by discussing performance evaluation of suppliers in the industry.
The document discusses a Dynamic Purchasing System (DPS) for home adaptations managed by Independence Community Interest Company (INCIC). It aims to improve the delivery of Disabled Facilities Grants by offering pre-qualified contractors through an online platform. Contractors are vetted and divided into categories. The council would pay a 1% fee to access INCIC's system and manage the entire process of procuring adaptation works through online tendering. While it provides benefits like time savings and contractor monitoring, there is still room for improving contractor availability and expanding price schedules.
On the 14th March 2014 the House of Commons committee on public accounts report "Contracting out public services to the private sector" was published, and makes uncomfortable reading for those involved as suppliers or procurers. It might be tempting to say this is the reality of the difficulties of delivering public services, and it might instead be the case that procuring services through contracts performs with great variability across all sectors commercial and public.
A conference was hosted by the APM Value Management SIG that looked at those issues in the face, entertained the notion that the solution is in the hands of project teams, from either side, client or supplier/contractor, and sought to prove that case, with both theory and evidence!
The event included the following speakers:
John Heathcote, APM Value Management SIG Chair
Alan Munro (keynote speaker)
Paul Riley, Head of Capital Projects, Leeds Metropolitan University Estates & Contractor partners BAM
John Phillips, BAM Director
Professor Farzad Khosrowshahi, Head of the School of the Built Environment & Engineering
Presentation of the “SIGMA workshop on tendering of PPP projects and contract signature”, held in Ankara on 11-12 April 2018. Presentation made by Mr. Mario Turkovic, SIGMA.
What is a PQQ - Pre Qualfication Questionaire
A (PQQ) is normally issued by the contracting authority when they require contractors to supply goods / products or services - It is one of the main documents that must be completed correctly and must be returned to the contracting authority by the specified
date if the contractor wishes to be included in the tendering process and hope to win the contract.
This document represents a standard PQQ and our objective to assist small firms in completing the document correctly - We will provide (1 hour) of free advice to all firms
on request.
In addition to this document, we provide a training programme for firms who wish to fully understand and successfully take part in tendering and procurement both in the private and public sector.
PQQ Evaluation
We provide an assessment of how the PQQ may be evaluated and the qeighting factors attached to each section as part of the (1 hour) support
END
Conway Stewart Social value 14 feb 2014 daniel.heery
This document outlines Cumbria County Council's procurement strategy, which aims to use procurement as a tool to deliver policy objectives and efficiency savings while also adding social value. The strategy focuses on principles like buying responsibly, staff development, and partnership working. It also discusses how the council implements social value requirements in contracts by including clauses related to issues like local employment, apprenticeships, and community benefits. Examples are provided of social value clauses used in various council contracts like transportation and construction. The strategy indicates the council is committed to both cost savings and promoting social, economic and environmental well-being through its procurement processes.
Presentation discussing the requirements of the EU rules on public sector procurement and other things to be considered when purchasing in the public sector.
SLIC Introduction to procurement event, NLS, Edinburgh 09/11/2009.
Innovate UK's monitoring services procurement - engagement event slidesInnovate UK
This document provides an overview of Innovate UK's plans to procure monitoring services through a Dynamic Purchasing System (DPS). It will cover: an introduction to Innovate UK; an overview of the monitoring services being procured and the lot structure; details on how suppliers can join the DPS and the procurement timeline; and an overview of the new operating model for monitoring services. The goal is to establish a pool of pre-qualified suppliers through an open DPS to provide monitoring services for Innovate UK projects on an as-needed basis.
Presentation to Ukraine Commodity Market Development Conference
The author of the presentation: Christa Lachenmayr, Division of Market Oversight, CFTC (US)
Changes to the EU procurement rules - how will it affect you? Lewis Silkin
The document summarizes key changes to the EU procurement rules as outlined in three new Directives. It discusses changes such as increased use of electronic communication, shorter timelines, greater flexibility in procedures like competitive dialogue and negotiated procedures, new rules around modifications to contracts, and changes to rules for certain services. The UK will implement the Directives into national regulations through consultation and with the aim of "copying out" the Directives without gold plating the requirements.
Ontario Cap & Trade - Time is Running Out for Small & Medium Business to SaveDuncan Rotherham
On July 1st, Ontario’s Cap and Trade Regulation went into force. This can have an enormous impact on businesses’ energy-based operating costs. Now is the time to determine what this means for your business.
On July 1st, Ontario’s Cap and Trade Regulation went into force. This can have an enormous impact on businesses’ energy-based operating costs. Now is the time to determine what this means for your business.
Presentation by Rachael Colley, Procurement Solutions and Innovation Manager, NHS Shared Business Services: Procurement at Excel in Health: understanding the NHS as a market place on Tuesday 26 February 2019 at Vanguard House, Daresbury.
Innovate UK's monitoring services procurement - full briefing packInnovate UK
Innovate UK is expanding its use of monitoring services to manage increased grant funding and a growing number of projects. It plans to establish a Dynamic Purchasing System to procure these services, dividing opportunities into lots by sector. Suppliers can apply to join the DPS and will bid on contracts as they arise. Innovate UK will define requirements for each project and evaluate bids based on price and quality. The goal is to broaden their pool of monitoring experts to effectively oversee grant funding and ensure projects comply with policies.
The Crown Commercial Service (CCS) framework provides public sector organizations access to procurement services from Atkins, a leading design and engineering consultancy. The framework streamlines the procurement process, allowing direct award of contracts to Atkins within 2-4 weeks rather than the typical 6-9 month OJEU process. Using the framework provides credibility, value through cost savings, and compliance with UK procurement policies. Organizations can access architectural, civil engineering, and building services from Atkins through participating in the framework.
The document summarizes the new European Union public procurement directives that were adopted in February 2014 and will be implemented in the United Kingdom by April 2016. It discusses the UK's approach to negotiating the directives, key issues and outcomes, and plans for implementation. The UK welcomed changes that reduce burdensome procurement processes and support small businesses, and negotiated provisions on framework agreements, past performance evaluation, and social/environmental criteria. Implementation will involve stakeholder consultation, regulations, and training over 140,000 procurement personnel through online and in-person methods.
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Plymouth City Council & INCIC Launch Event 30th November Dynamic Purchasing System (DPS) Overview Document
1. DYNAMIC PURCHASING SYSTEM
Overview Document
Independence CIC (INCIC) & Plymouth City Council (PCC)
Procurement Partnership
Adaptations, Repair, Maintenance and Improvement(ARMI)
Dynamic Purchasing System (DPS)
Jon Hines – Founder of INCIC
07824 707 371
jon@incic.org.uk
www.incic.org.uk
2. • INCIC work with Local Authorities, Housing Associations and organizations throughout the UK providing prequalification and monitoring
services for their contractors and suppliers.
• PCC is a unitary authority and a contracting authority in the South West of England. PCC procured and has successfully run a regional
bathroom adaptation framework agreement for the past 3 ½ years, this framework will end on 1st April 2018.
• PCC undertook a thorough review of its existing bathroom framework agreement and its re-procurement. The advantages and
disadvantages of creating a new agreement were considered together with alternative solutions. After carefully considering all options
it emerged that a Dynamic Purchasing System (DPS) would provide the optimum solution because of it’s practicality and flexibility.
• PCC previously shared its bathroom framework agreement with regional partners and now wishes to share its experience of that and
the benefits of running and operating the new DPS more broadly across the UK.
• PCC and INCIC have entered into an agreement to work together to procure a new Official Journal of European Union (OJEU) compliant
DPS. This will replace the existing bathroom framework agreement from 1 April 2018.
• PCC are notifying all other users of their framework agreement of its end date and encouraging them to engage with the new DPS as a
procurement solution. They are also asked to remind their providers of the framework end and of the new DPS procurement option.
About the Partners and Partnership
www.incic.org.uk
3. What is a Dynamic Purchasing System (DPS) ?
Brief Overview
• A Dynamic Purchasing System (DPS) is similar to an electronic framework agreement with two important exceptions;
new contractors and suppliers (providers) can join at any time and it is run as a completely electronic process.
• The legalities relating to the usage and creation of a DPS come from the Public Contracts Regulation 2015.
• A DPS should be set up for identified types of requirement which may be divided into categories of products, works or services.
Providers are able to apply to join a DPS at any time for free.
A Dynamic Purchasing Systems work in two stages:
First stage - A contracting authority issues a call for competition in OJEU. This must be for at least 30 calendar days expressing their
intention to establish a DPS. All providers who meet the standard (pass/fail) Pre-qualification Questions (PQQ), and who are not excluded
must be admitted to the DPS. Contracting authorities must not impose any limit on the number of contractors/suppliers that may join a
DPS at any time. Unsuccessful providers can reapply at any time.
Second stage - Once the DPS has been set up, invitations to tender (ITT) can be sent out to all providers on the DPS in the relevant
categories to bid for the specific contracts individually. Providers choose whether to bid for each ITT. A decision not to bid will not affect
any future opportunities. The usual timescale from ITT to return of tenders is 10 days, bids are then evaluated and the winning bid or bids
are awarded. Contracts are awarded during the second stage.
www.incic.org.uk
4. All contractor/suppliers (providers) must:
• Complete a Pre-Qualification Questionnaire (PQQ) to prove their eligibility to join the DPS.
• Identify which work categories they wish to bid for.
• Indicate which geographic regions they wish to work in.
• Know that there is no guarantee or requirement that customers will be under any obligation to procure any of their services throughout
the life of DPS.
All Organisations, Councils/Contracting Authorities (Customers) wishing to access DPS must:
• Agree to the DPS terms and conditions.
• Identify the services they wish to procure.
• State the expenditure they expect to put through the DPS.
• Agree a fee for the use of the DPS.
• Sign an Access Agreement.
How to access DPS
www.incic.org.uk
5. Benefits and costs of accessing DPS
Benefits of DPS
• Use of a flexible, legally compliant electronic Procurement solution.
• Cost savings through economies of scale with suppliers engaged with the UK wide DPS scheme.
• Access to wider pool of eligible contractors, continuously checked and monitored by INCIC, from the DPS provider list.
• Cost effective Procurement solution as framework agreements using the original Plymouth Model come up for renewal. This applies
equally to Procurement generally, offering a streamlined managed Procurement process saving time, money and resources.
• Migration of current Procurement system to the DPS managed with the assistance of INCIC who will provide the management and
administration of the overall DPS structure and all documentation associated with it.
• Access to current, legally compliant documentation, contracts and agreements.
Costs of DPS
To provide the DPS facilities and benefits listed above all organisations, Councils/Contracting Authorities (customers) who obtain contracts
under the DPS shall pay a management fee of not more than 1% (one percent) of contracts awarded, excluding VAT.
There is no charge for providers who apply to join and are admitted to the DPS.
www.incic.org.uk
6. Launch Event
www.incic.org.uk
We are pleased to announce our launch event on the 29th & 30th November at the:
Mercure Exeter Southgate Hotel, Southernhay East, Exeter, EX1 1QF
We are holding a meal, drinks and networking event on the evening
of the 29th of November with suppliers and customer organisations.
On 30th November INCIC and PCC will give a presentation on the DPS
and its practical application in the procurement process.
There will be morning and afternoon presentations. Q & A sessions
will follow each presentation. Times and further details to follow.
Please R.S.V.P. your intention to attend, number of delegate places
required and your evening, am or pm preferences.
Demand is high, spaces are limited, so please reply ASAP.