What are framework agreements?
Frameworks are “umbrella agreements” that sets out the terms – particularly relating to price, quality and quantity – under which individual contracts (call-offs) can be awarded throughout the period of the agreement (normally a maximum of 4 years). They are typically used when the buyer(s) identify a need for specific products or services but are unsure of the scope or time-frame.
Continue reading “Framework Agreements: What You Need to Know”
The business world is ever changing. To keep on top of the latest trends, it’s important for SMEs to have a resource bank of insider tips and knowledge. We have compiled a list of our top five business resource websites so you have a go-to list of sources to help inform your business practices.
Bdaily was founded in 2009 and provides timely news, advice and opinion content useful for SMEs. What’s good about Bdaily is that you can target news stories for specific regions in England: North East, North West, Yorkshire and London as well as national and international coverage.
If you’re looking for a range of advice for your small business or startup, or even if you’re just in the planning phase, gov.uk has a range of resources: advice on writing a business plan, financial planning and support, and links to the various schemes the government runs.
With a dedicated Q&A section maintained by small business experts, smallbussiness.co.uk is the hub for start-ups and SMEs looking for insider knowledge. The site covers the most important topics and advice for SMEs covering finance, business management and technology.
Established 40 years ago, the FSB provide a wide range of business services to their members. What makes them stand out is their legal edge: online you can access fact-sheets, legal documents and read their blog to get into the nitty gritty of regulations.
A ‘national campaign by entrepreneurs for entrepreneurs’: Startup Britain offers inspiration, resources and guidance to help people start and grow their own business. Startup Britain have local support centres and run events which you can find via their interactive map online.
For guidance specific to public sector tendering, our ‘Things to help you’ section on Tenders Direct has guides, infographics and handy procurement links to help suppliers with their procurement exercises.
It’s Valentine’s Day. That time of year when people pay attention to the special connections they have in life and take a bit of time to celebrate them. Or maybe you are still looking for some special connections? Still searching for that one relationship with long term potential, stability and plenty of money…
Of course, here we’re talking about your business connections – specifically your connections with public sector buyers and tendering. With contract life spans of three years plus, 30 day payment terms and a high chance of you retaining a contract once you’ve won it once – what’s not to love? Continue reading “The tender matchmaker…”
* 2018/19 Public Procurement Thresholds Update Available here *
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:
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?
See this blog.
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.
Questions? Leave a comment below.
After months of campaigning, debates and opinion polls the people have spoken and decided that Britain should leave the European Union. Once the dust has settled on the result the long and arduous task of the Government negotiating an exit will begin.
One of the key questions coming out of this result is: will the UK retain access to the Single Market, through membership of the European Free Trade Association (EFTA)? This is what Norway, Iceland, Liechtenstein and Switzerland have done but it remains to be seen whether the UK will decide to pursue this option as it will require us to contribute to the EU budget, accept the free movement of EU citizens and to implement European legislation relating to the Single Market. The obligations are very similar to those required of full EU members, but without representation on any of the decision making bodies. It is also doubtful whether the EU will agree to UK membership of EFTA.
The Public Sector is providing more and more contracts for Construction sector suppliers. Although times were tough for the industry following the recession, things have rebounded and opportunities have never looked better for suppliers and contractors working with the Public Sector. The future looks brighter still with this sector having a projected average growth of 2.6% from 2015-18.
Certain sub-sectors of construction have had significant increases over the past year. A 12% increase in road related tenders, 8% increase in new build tenders, 25% increase in architecture/design team tenders and the biggest increase is in the renewable energy sector (areas like solar power, wind power and geothermal) of around 35%.
With the High Speed 2 project, floods defence work, major road schemes across the UK, along with affordable housing and other projects it’s no surprise that things have rebounded in this sector.
Millstream has created an infographic on this to highlight the key facts and you can view this here: Construction Infographic
More than 4,000 private sector companies use Tenders Direct to find new business opportunities, of those over 950 are construction businesses, accounting for around 22% of the customer base. Tenders Direct work with thousands of public sector organisations in the UK, Ireland and Norway to publicise their contracts, allowing direct access to contracts that many are unaware of. The dedicated research team solely identify contracts and include them within the Tenders Direct database – many of these are smaller contracts that would not be published by the Official Journal (OJEU) or on any other central resource.
The Tenders Direct team, also manually categorise all tenders to ensure that only highly relevant opportunities are provided and therefore personalised to individual preferences and areas of specialism and are sent to subscribers every day.
To find out how Millstream can help you find opportunities in public sector construction, call 0800 270 0249 or visit www.millstream.eu
A few months ago my colleague Cindy published a blog on the Pet Hates of Buyers which went through some of the main issues that buyers have had when dealing with suppliers. This blog will consider the other side of the coin and cover some of the pet hates that suppliers have when bidding for tenders.
Through my experience working in the Tenders Direct support team I have put together this blog from feedback that we have received from our customers and other external companies that are involved in public sector tendering.
The issues can be broken down into two main areas. Firstly all issues relating to the tendering process (planning, identifying the needs, market analysis and tendering) and secondly all issues that relate to the post tender activities (contract management, supplier relationship management and the actual performance of the contract). Continue reading “Pet Hates of Suppliers (What not to do if you are a buyer)”
With £714 billion being spent on the public sector in the UK in 2014 you may feel that there is plenty of business to go around. However, if you are considering broadening your options or want to look further afield you could consider bidding for tenders across the European Union.
The European Union was created on the basis of it being a single market which includes the free movement of goods, capital, people and services across all member states. In practice this means that a UK company should have an equal chance of winning a tender in a different EU member state as the local companies and there should be no barrier to intra-EU trade. We often hear of dissatisfaction that local contracts in the UK have been awarded to non-local suppliers and so this could be considered the other side of that coin.
While it may seem like it is easy to go for these types of opportunities there are certain things that need to be considered before taking the leap! All the points made by my colleague Gemma on this blog: How SMEs can break into the public sector will apply but there will be other aspects that will need to be considered as well.
Continue reading “Tendering across Europe – How to step out of the UK”
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”.
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:
In addition, the 2009 Regulations introduced a number of other changes, including: Continue reading “How do you challenge a buyer when you feel the procurement is flawed?”
