Here at Millstream we speak to pubic sector suppliers every day both new and old and it is staggering just how many do not have a documented strategy that outlines how they should decide which tenders to bid on. Often is it left to the Bid Manager or another individual to sift through the notices and decide what to bid on. These are the same organisations that devote time and money every year to developing detailed sales and marketing plans but fail to put the same spotlight on tendering. So, why not have a documented approach to tendering to help guide your organisation to success? Read the rest of this entry »
Posted by Gemma Waring on July 29, 2015
Posted by Nelson Poon on July 20, 2015
Breaches in procurement can be due to a number of reasons such as deliberate breaches and accidental breaches. It can be said that deliberate breaches are unlikely to occur as it can risk the reputation of the contracting organisation. Accidental breaches may arise where national regimes apply to numerous low value contracts and responsibilities are assigned to separate parts of the organisation. Monitor is the sector regulator for health services in England and aim to make the health sector work better for patients. This is an executive non-departmental public body that are sponsored by the Department of Health. This blog will explore the remedies available for NHS procurement breaches under the Public Contracts Regulation, Judicial Review and on the NHS (Procurement, Patient Choice and Competition) Regulations 2013 (No 2) enforced by Monitor.
Under the Public Contracts Regulations 2015 many claims have been successful in obtaining satisfactory remedies through the courts for procurement for supplies and for Part A services. Arguably, there are few instances where there are really effective remedies through the Courts in procurement for community care and primary care services.
Public Contracts Regulation
Posted by David Law on July 6, 2015
The most common question that we get from Tenders Direct customers is: ‘What rights do we have once we put in a bid?’
The answer to that is dependent on what stage of the process the supplier is at and the rights for both stages are listed below:
For the PQQ:
Questions should only be asked of your company and not your potential solution (It should be about selection of suppliers and not an evaluation of your product).
Buyers have a legal requirement to notify candidates eliminated at the PQQ stage “as soon as reasonably practicable”.
Posted in General Procurement, Tender Tips | Tagged: bid, buyers, Contracts, debrief, Feedback, ITT, PQQ, procurement, Public contracts, public sector, suppliers, tender, tendering, tenders | Leave a Comment »
Posted by Line Olsen on June 29, 2015
In 2014 the European Union adopted new procurement Directives for Public sector, Utility sector and Concessions contracts. With the reform of the Directives they hope to achieve better access to public contracts for SMEs. One of the measures set into place to do this is the rule encouraging contracting authorities to split contracts into lots. The Public Contracts Regulations 2015 transposed the 2014 Public Sector Directive in February 2015, and with it the “Split your lots” rule. With this blog I hope to make it a bit more clear what a contracting authority is required to do.
Posted in General Procurement, Politics of Procurement, Procurement Law | Tagged: Dividing contracts into lots, Public procurement, Reform of the EU Directives, Regulation 46, Regulation 84, SME access, The Public Contracts Regulations 2015 | Leave a Comment »
Posted by Kim Postlethwaite on June 22, 2015
The recent Tenders Direct Blog posts have been explaining and commenting on the new rules applicable under the Public Contracts Regulations 2015 that transposed the 2014 EU Directive. One of the most common queries received by the support desks at Millstream have been surrounding what the new minimum time-scales for the various procedures are. This blog post aims to assist in clarifying these time limits. A printable version of the time limits for the most common procedures can also be found on Millstream’s mytenders portal here.
The time limits refer to the number of calendar days prior to the deadline for submission of responses. They start from the date the notice is sent to OJEU for publication. This does cause some concern with both suppliers and buyers as it Read the rest of this entry »
Posted by Cindy Cheng on June 15, 2015
Bidding can be both pressurised and also rewarding for suppliers to the public sector. There are many concerns for suppliers during this time such as completing all the relevant documents to meet the deadline, getting adequate responses from the buyers on the Q&A or that the process is being run fairly. Poor procurement practice by the buyers may go unnoticed under these circumstances and many suppliers are reticent to raise a challenge and risk future contract opportunities. So what happens when you realise there are potential issues? The Mystery Shopper Service offers a solution to this problem.
A Brief Overview
The Mystery Shopper Service aims to tackle any concerns suppliers (particularly SMEs) may have regarding poorly conducted procurement processes which they have been part of on behalf of the suppliers. The service welcomes questions at any stage of the Read the rest of this entry »
Posted by Gemma Waring on June 4, 2015
Millstream will be attending the Public Sector Show on the 23rd of June at London’s Excel Centre.
We will be showcasing our mytenders etendering system which helps Buyers to compile and publish contract notices automatically to both Contracts Finder and OJEU and our Training and Consultancy services which are there to support you to get the most out of the mytenders system and tackle common procurement challenges and skills gaps.
Come down and see us on stand 352 opposite the Crown Commercial Services stand and find out more about what we do and how we can support you and your procurement teams to remain compliant with new legislation, simplify your procurement Read the rest of this entry »
Posted by Gemma Waring on May 27, 2015
A lot of potential suppliers to the public sector are put off by the amount of work it takes to become tender ready and what seems to be a chicken and egg situation where you need references to pass the PQQ (selection) stage but can’t get references until you win a contract!
The changes to the procurement regulations this year have made in roads to this situation with the abolition of PQQs for below threshold contracts and the removal of the burden of proof for above threshold contracts but there are a number of steps SMEs (and all organisations new to public sector tendering) can take to get a foot in the door and start supplying to the public sector. Read the rest of this entry »
Posted by Gemma Waring on May 20, 2015
This blog covers the remedies directive for the public sector and when/how you can raise a challenge against a contracting authority.
The EU Remedies Directive was created in 2007 and transposed into UK law with the updated Public Contracts Regulations in 2009. The Directive brought in two very clear and important changes for suppliers to be aware of which were:
- a right to challenge the buyer if a contract is entered into before the compulsory standstill period has ended (standstill being the minimum 10 day period where buyers notify all bidders of the intended outcome before contracts can begin); and
- an automatic right to challenge an award decision and have the contract cancelled or modified if there has been any breach of the wider procurement rules.
In addition, the 2009 Regulations introduced a number of other changes, including: Read the rest of this entry »
Posted by Kim Postlethwaite on May 11, 2015
The rules on when an OJEU notice can be advertised nationally have changed. This blog post will aim to clarify the new rules and discuss the benefits and shortcomings of these new rules.
What are the rules?
Under the new legislation OJEU notices are now not to be published nationally until AFTER they have been published in the journal or 48 hours from the point of dispatch to OJEU (Article 52 of the 2014 EU Directive transposed in Regulation 52 of the Public Contracts Regulations 2015). The addition of the “or 48 hours from dispatch” is likely to be due to the fact that OPOCE (the publication office for OJEU) have 5 working days to publish a notice, if they were to exercise this full 5 working days then this may adversely affect the time the notice is publicly advertised for.
In addition, for contracting authorities in England, Regulation 106 states that OJEU notices MUST be published on Contracts Finder within 24 hours of them appearing in OJEU.
Please note that the minimum timescales for a notice to be advertised continues to be from the point the notice is dispatched to OJEU and NOT the point the notice is published. The legislation does continue to state that “adequate” time must be given so some consideration should be given to the delays caused by these new rules.
How has this changed?
Previously there was not a statutory obligation to advertise in Contracts Finder and an OJEU notice could be advertised nationally as soon as it was dispatched to OJEU (Article 36 of the 2004 EU Directive transposed in Regulation 42 of the Public Contracts Regulations 2006).
What does this mean in practice? Read the rest of this entry »