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Archive for the ‘Public procurement’ Category

Why we love low value tenders

Posted by David Law on August 14, 2017

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Low value tenders are those which aren’t published in the Official Journal of the European Union (OJEU) as they are below the EU threshold set at £106,047.

More information can be found about thresholds in our blog post, but what are the key benefits of low value tenders?

For SMEs and companies who have no experience of working in the public sector, low value tenders are a good starting point. Securing a few low value contracts allows smaller suppliers to build up a body of work that can help them go after high value OJEU notices in the future.

Here are the five key benefits of low value tenders:

Read the rest of this entry »

Posted in General Procurement, Public procurement, suppliers, Tender Tips | Tagged: , , , , | Leave a Comment »

Top five considerations when bid writing

Posted by emilypirie on July 12, 2017

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If you are a public sector supplier and you’ve found a tender that you want to go for – great news!

Often some areas of a bid response get overlooked in the buzz of bidding for new business. Millstream Training and Consultancy offer bespoke Consultancy to companies looking for tailored support for their tendering exercises. This can be anything from writing a bid response for you, to reviewing a bid response you’ve already written

One of our consultants, Nicola Bramwell (BSc, MCIPS, MSc, PRINCE2), has written her top five ‘must do’s to follow in your next bid response:

  1. Agree a response structure and consistent approach

This can include an overview, technical information, resources, and timeframe, so that the entire team uses a consistent style when preparing a response.

  1. Take advantage of the opportunity to ask clarification questions

Most tenders will provide bidders with a timeframe to which they are able to ask questions relating to the tender e.g. the clauses included in the terms and conditions. It is vital that bidders take advantage of this opportunity to clarify issues which are vague or unclear.

  1. Ensure that all team members adhere to response limitations

It’s common for tenders to include a word / pagination limit for each question so that all bidders are treated equally during the evaluation. If you don’t adhere to these, useful information can be discounted the tender could be deemed non-compliant.

  1. Do not provide non-requested attachments / supporting material

As above, tenders will also specify any additional documents that need to be submitted. No bidder is able to submit documents outside of those specified, if they do, a bidder runs the risk of being disqualified.

  1. Allow sufficient time for responses to be peer reviewed and / or proof read

When writing bids, it is easy for mistakes to be made, such as failing to respond to a certain point within a question or including typing errors or out-of-date information within a response. Get the entire bid to be peer reviewed and / or proof read by another colleague prior to its submission.

To help put these tips into practice, contact us today to find out how we can help you with your next tendering exercise.

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Posted in General Procurement, Public procurement, suppliers, Tender Tips | Leave a Comment »

When a local tragedy highlights national public procurement concerns

Posted by emilypirie on July 7, 2017

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In light of the recent Grenfell Tower tragedy that shocked the nation, questions are being raised over local procurement policies across the country. Cost effectiveness and value for money are often the paramount objectives as local authorities continue to face budget cuts. It is paramount however that quality, and more importantly safety, is not jeopardised. Finding the right balance between cost saving and procuring services and products that are fit for purpose is key, but ultimately the welfare and well-being of the end user should be the priority.

Any buyer knows that cost doesn’t necessarily represent value or indeed quality but regardless, detailed specifications are there to be met and for a very important reason. What and who determines the specification, and exactly what this entails, is an important question and something buyers throughout the supply chain must be conscious of.

British safety regulations across many industries tend to be based on principle rather than set rules[1] which can create significant challenges to maintaining consistency and standards. Setting higher standards and adhering to best practice, rather than going with the cheapest bid which meets the specification, is something public procurement officers and regulators must consider.

This reinvigorates the debate over who should set these specifications and regulations. Should they be written by ‘experts’ from the relevant department of the contracting authority, or by that authority’s procurement officers? Or should this role be out-sourced to a third party within that particular industry and sector?

For example and in the case of the Grenfell Tower tragedy, there are no regulations stating fire-retardant cladding material should be used on the exterior of tower blocks and schools[2]. However, it has become clear that industry body, Fire Protection Association (FPA), has been lobbying for this to be a statutory requirement within local authorities and businesses.

Within just one area of local government procurement, say for instance housing and more specifically high rise residential buildings, the vast number of tenders and therefore specifications to be met, add to the complexity. Issues around accountability and quality rise as the procurement complexity grows. Combined with a need to cut costs, this becomes a significant challenge to overcome and get right. But get right all parties must.

In coming months as the impending public enquiry into the Grenfell Tower tragedy continues, more questions on how to improve the public procurement system will undoubtedly follow. Regardless of its outcome, more focus will be placed on the decisions that buyers make, transparency, and who is most qualified to set specifications.

Hindsight is a wonderful thing but nonetheless, there are some important lessons our sector can take away from this tragedy. Steps must be taken to ensure buying decisions are not considered a risk factor in the future.

I am keen to find out how you, as Buyers, feel about the responsibilities you encounter on a day to day basis and how you deal with this pressure. Please let me know your thoughts in the comments below.

[1] https://uk.reuters.com/article/britain-fire-cladding-idUKL8N1JD3YI

[1]https://www.theguardian.com/uk-news/2017/jun/16/manufacturer-of-cladding-on-grenfell-tower-identified-as-omnis-exteriors

 

 

 

 

 

Posted in Construction Tenders, Procurement Law, Public procurement | Leave a Comment »

Brexit: A “historic moment from which there can be no turning back” – but what does it mean for public procurement?

Posted by Duncan Dallas on March 31, 2017

eu-1473958_1920After the referendum result last June and the resulting legal challenges, parliamentary debates, votes and royal assent (not to mention the debates down at the pub and on social media) Prime Minister Theresa May has finally triggered Article 50 notifying the European Council of the UK’s intention to withdraw from the EU. Whichever side of the debate you found yourself on one thing is now clear – the UK is leaving the EU and that is likely to have a huge impact for us all.

Unfortunately, but unsurprisingly, the PM’s letter to the European Council triggering Article 50 made no specific reference to public sector procurement – it’s unlikely to be at the top of any agenda – but point v.i. of her “suggested principle” for the negotiation deals with trade.

If any major change is to come in relation to public procurement it will be as a result on the outcome of the negotiations relating to trade between the EU and the UK. It is important to note that at present and until the negotiations are complete and the UK leaves the EU, the procurement regulations will remain the same. The European Council’s Directive on Public Procurement has been transposed into UK and Scottish law by the current Public Contracts Regulations 2015 and Public Contracts Regulations (Scotland) 2015 respectively. After exiting the EU, the UK will have the option of amending or replacing these regulations but it seems unlikely that they will change drastically.

All EU member states have roughly the same ambitions when it comes to public sector procurement – openness, transparency, fairness, VfM, increasing access for SMEs – and therefore the current regulations were designed with these in mind.

If you were hoping for a removal of perceived EU “red tape” in public sector tendering I believe you’ll be disappointed. Indeed, you may instead experience some “red, white and blue tape” as the UK lawmakers amend the relevant regulations whilst ensuring that all the principles of good public procurement processes remain in place.

If the UK is to become part of the European Economic Area, a status held by the non-EU countries of Iceland, Norway and Liechtenstein then very little is likely to change. The EEA countries are bound by their membership agreement to follow the principles of EU public procurement and all three countries advertise their above threshold procurement requirements in the Official Journal of the European Union (OJEU).

Even if the UK does not join the EEA, it is still a signatory of the World Trade Organisation’s Government Procurement Agreement, which imposes the principles and practices of fair procurement on all its members. The public sector will still need to purchase what it does today and will need to advertise it openly. This may just mean that the opportunities are advertised on national platforms rather than in the OJEU. Either way you can be sure that Tenders Direct will be picking them all up and distributing relevant opportunities to our members!

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Posted in General Procurement, Politics of Procurement, Procurement Law, Public procurement, suppliers, Uncategorized | Tagged: , | 2 Comments »

Public Procurement Thresholds 2017 – update

Posted by emilypirie on February 6, 2017

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Just before the beginning of last year I wrote this blog introducing the new financial thresholds for mandatory publication of opportunities in the Official Journal of the European Union (OJEU). Since then we’ve received quite a number of queries on the subject. Although the current thresholds haven’t changed I thought I’d write an updated blog to include these discussion points.

When procuring goods or services over the financial threshold a public authority must do so under the Public Contracts Regulations 2015 in England, Wales and Northern Ireland and the Public Contracts (Scotland) Regulations 2015  in Scotland.

The current thresholds are as follows:

PUBLIC CONTRACTS

Supply, Services and Design Contracts Works Contracts Social and other specific services
Central Government £106,047

€135,000

£4,104,394

€5,225,000

£589,148             €750,000
Other contracting authorities £164,176

€209,000

£4,104,394

€5,225,000

£589,148            €750,000
Small lots £62,842

€84,000

£785,530

€1,000,000

n/a

 

Social and other specific services are subject to the new ‘light touch regime’ as described in a previous blog.

UTILITY CONTRACTS

Supply, Services and Design Contracts Works Contracts Social and other specific services
Utility authorities  

£328,352

€418,000

£4,104,394

€5,225,000

£785,530              €1,000,000

 

DEFENCE AND SECURITY CONTRACTS

Supply, Services and Design Contracts Works Contracts Social and other specific services
Defence and Security authorities £328,352

€418,000

£4,104,394

€5,225,000

 n/a

 

CONCESSION CONTRACTS

For the first time Concession Contracts are covered in EU Law under a separate directive and therefore separate regulations in the UK.

The EU Directive is found here: http://eur-lex.europa.eu/legal-content/GA/TXT/?uri=celex:32014L0023

The UK regulations here: http://www.legislation.gov.uk/uksi/2016/273/contents/made

The UK Directive gives instruction on how the value of a concession contract should be calculated: http://www.legislation.gov.uk/uksi/2016/273/regulation/9/made

The thresholds for publication in the OJEU refers to Article 8 (1) of the EU Directive which is:

  1. This Directive shall apply to concessions the value of which is equal to or greater than EUR 5 186 000.

The Sterling equivalent is £4,104,394.

CALCULATING ESTIMATED VALUE

The calculation of the estimated value of a procurement exercise shall be based on the total amount payable, net of VAT, as estimated by the contracting authority, including any form of option and any renewals of the contracts as explicitly set out in the procurement documents.

CONTRACTS SUBSIDISED BY PUBLIC FUNDS

All applicable contracts which are subsidised by 50% or more of public funds must be advertised in the OJEU. From time to time a public body may part fund a project and request that the recipient of funding must advertise the procurement in line with public contracts regulations even if their contribution is less than 50% of the overall value. As such any recipient of public funding on a project should verify with the funding body what is expected of them in procuring for the project.

WHAT ARE SMALL LOTS?

My colleague Line recently wrote a blog to clarify this question: https://blog.tendersdirect.co.uk/2017/01/06/procurement-terminology-what-are-small-lots/

HOW DO I KNOW IF A CONTRACT IS CLASSED AS WORKS?

Many contractual requirements are a mixture of works and services. Whichever element is the highest in value should be taken as the contract nature when determining what threshold to apply. If you are unsure whether a specific element is classed as works or services then you can refer to Schedule 2 of the regulations which lists all activities which constitute works by CPV code:

http://www.legislation.gov.uk/uksi/2015/102/schedule/2/made

If the CPV code which fits your requirement is not in that list then it is not classed as a Works contract.

I hope you find this blog useful. If you want more help with understanding thresholds and other public sector tendering procedures, Millstream’s Training and Consultancy team are available to answer any of your questions. Or, leave us a comment below.

 

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Posted in General Procurement, Procurement Law, Public procurement, suppliers, Uncategorized | Tagged: , , , , | Leave a Comment »

 
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