Introduction to procurement and procedureemlawshare.co.uk/wp-content/uploads/2019/02/... ·...

Introduction to procurement

and procedurePeter Ware – Browne Jacobson

Hector Denfield – Sharpe Pritchard

Introduction to Public

Procurement

Peter Ware

Browne Jacobson LLP

www.emlawshare.co.uk

Light Touch Regime –

when/how will it apply?• Special light touch regime applies to contracts for those services with a value over

€750,000 (reg 5 (1) (d) (official figure not yet released but circa £546,000)

• Regulations take a very minimalistic approach (regulations 75 and 76):– (Reg 75) Confirms the directive mandatory provisions:

• Contract notice or where permissible under other sections a PIN (with required information)

• Award notices must be issued

– (Reg 76) No set structure but MUST ensure compliance with principles of transparency and equal treatment

– Advert (notice or PIN) must confirm:

• Conditions for participation

• Time limits

• The procedure to be applied

– Lists matters which may be taken into account when awarding

• Note that certain health contracts are not subject to the LTR until 16th April 2016

• Must consider guidance issued by the Cabinet office


Choice of procedure –

regulation 26• Procedures available are:

– Open

– Restricted

– Competitive Procedure with negotiation

– Competitive Dialogue

– Innovation Partnership

• As to Choice of which to use:

– Open, Restricted procedures freely available

– Innovation partnership freely available where appropriate

– Competitive Procedure with Negotiation and Competitive Dialogue Procedure


Choice of Procedure • The negotiated procedure and Competitive Dialogue under the old Regulations were

only available in limited situations, in particular in relation to the competitive procedure it could only be used:

“Where a contracting authority wishes to award a particularly complex contract and considers that the use of the open or restricted procedure will not allow the award of that contract, the contracting authority may use the competitive dialogue procedure”

• Under the new Regulations the Competitive Procedure with Negotiation and Competitive Dialogue procedures available in following situations:

• Where needs of CA cannot be met without adaptation of readily available solutions

• Where design or innovative solutions included

• Where contract cannot be awarded without prior negotiations because of specific circumstances related to the nature, complexity or legal and financial make-up or because of the risks attaching to them

• Where the technical specifications cannot be established with sufficient precision by the CA by reference to standards etc.

• Where under a restricted or open procedure you only receive irregular or unacceptable tenders


Procedures (1)

• Open procedure (Regulation 27)

– minimum time limit for receipt of tenders 35 days (52 days under previous regulations)

– may be reduced by 5 days if tenders can be submitted electronically

– may be reduced to not less than 15 days with use of a PIN or in case of urgency

• Restricted Procedure (Regulation 28)

– minimum time limit for receipt of requests to participate 30 days (37 days under previous regulations) which may be reduced to not less than 15 days in case of urgency

– minimum time limit for receipt of tenders 30 days (40 days under previous regulations) which may be reduced by 5 days if tenders can be submitted electronically and to not less than 10 days with use of a PIN or in case of urgency)

– Note for sub-central contracting authorities a even shorter time limit may be mutually agreed between CA and selected candidates (regulation 28 (7))


Procedures (2)

• Competitive Procedure with Negotiation

(regulation 29)– minimum time limit for receipt of requests to participate 30 days (37

days under previous regulations)

– minimum time limit for submission of initial tenders 30 days

– minimum shortlist of 3

– can reduce number of tenders during process

– minimum requirements and award criteria cannot be changed during

negotiations

– additional obligations re equal treatment, confidentiality

– may award on the basis of initial tenders without further negotiation

provided this is reserved as a right in the notice

– no negotiation of final tenders


Procedures (3)

• Competitive Dialogue (regulation 30) – minimum time limit for receipt of requests to participate 30 days (37

days under previous regulations)

– additional obligations re equal treatment, confidentiality

– more ability to discuss aspect of requirements than under CPwN

– can reduce number of solutions during process

– once dialogue closed tenders may be ‘clarified, specified and optimised’ but ‘may not involve changes to the essential aspects of the tender or of the public procurement’ if ‘likely to distort competition or have a discriminatory effect’

– negotiation of the contract with successful bidder permitted to ‘confirm financial commitments or other terms contained in the tender by finalising the terms of the contract’ provided this does not modify ‘essential aspects of the tender or of the public procurement…and does not risk distorting competition or causing discrimination’


Procedures (4)

• Innovation Partnership (regulation 31)

– aimed at development of innovative product, services or works not currently available on market and the subsequent purchase of the resulting supplies, services or works

– must define minimum requirements in procurement documents

– may set up innovation partnership with one or several partners conducting separate research and development activities

– must structure the innovation partnership in successive phases following the sequence of steps in the research and innovation process, setting intermediate targets and must provide for payment in appropriate instalments


Procedures (5)

• Use of negotiated procedure without prior publication (regulation 32)

– Similar to existing grounds:• No tenders, no suitable tenders, no requests to participate or suitable

requests to participate submitted (initial contract must be substantially similar to that tendered in previous exercise and may require report to the Commission)

• Creation of a work of art, technical reasons or exclusivity mean no competition

• Extreme urgency where timeframes for other procedures cannot be met (where urgency is not the fault of the authority)

• Additional grounds for supply contracts – research, replacements, sales on winding up.

• Additional grounds for design contracts or similar works and services.


Case Study 1


Prior Information Notices

• Must contain prescribed information

• PINs may only cover a maximum of 12 months from the date on

which the PIN is transmitted for publication (unless for social and

other services referred to in Regulation 75(1)(b)) in which case a

longer period may be covered

• Must be published in the OJEU or the contracting authority’s

buyer profile

• PINs may act to reduce timescales for procurement (see

Procedures)

• PINs are still going to be important in relation to pre market

engagement


Using a PIN to call for

competition• Sub-central contracting authorities using the restricted procedure or

competitive procedure with negotiation under regulation 26 (8), may use

a PIN as a call for competition BUT – it must contain specified

information:

– Must refer specifically to the supplies, works or services that will be

the subject of the contract

– Indicate that the contract will be awarded without prior publication of

a call for competition and invite expressions of interest

– Contain information set out in section 2 of Part B of Schedule 5 to

the regulations

– Must have been sent for publication between 35 days and 12

months prior to the date upon which an invitation to candidates to

submit tenders is sent (see regulation 54 (1) and (2)


Contract Notices

• forms available from here:

http://simap.ted.europa.eu/standard-forms-for-public-

procurement

• Generally - forms more concise and less information

required.

• Most portals should be using updated forms now

http://simap.ted.europa.eu/standard-forms-for-public-procurement


Electronic availability of Tender

Documents• CAs to offer unrestricted and full direct access free of charge

by electronic means to the procurement documents from the date of publication of the Contract Notice

• Mandatory transmission of notices in electronic form

• Switch to fully electronic communication, in particular e-submission, in all procurement procedures within a transition period of 2 years

• Exceptions to mandatory use of electronic communications e.g. where it would require specialised tools or file formats not generally available in all member States or where there are specified legitimate reasons not to request electronic means of communication


Selection Questionnaire

assessment (1)• Selection criteria may relate to:

– Suitability to pursue the professional activity (e.g. may require enrolment on a professional or trade register, appropriate authorisation or membership of a particular organisation);

– Economic and financial standing (maximum turnover requirement, if used, generally limited to twice annual turnover)

– Technical and professional ability (e.g. references from past contracts, conflicting interests)

– However, note Lord Young reforms and guidance issued by CCS under regulation 107

• All requirements must be ‘related and proportionate’ to the subject matter of the contract

• Flexibility to allow the most practical sequencing of the selection procedure– Allows examination of tenders first in Open procedure.

– Flexibility re timing of submission of supporting documents


Selection Questionnaire

assessment (2)• Possibility of ‘self-cleaning’ (regulation 57 (15) to (19))

– An economic operator which may be excluded under a mandatory or discretionary exclusion may provide evidence that it is reliable despite the existence of a relevant ground for exclusion.

– Measures taken by economic operators must be evaluated ‘taking into account the gravity and particular circumstances of the criminal offence or misconduct’. If the contracting authority considers the measures insufficient, the economic operator must be given reasons for the decision.

– Maximum period for exclusion (max 5 years for mandatory and 3 years for discretionary grounds).


Excluding bidders (regulation

57)• New grounds for mandatory exclusion:

– Convictions for child labour and other human trafficking offences

– Failure to pay taxes and social security contributions

• New grounds for discretionary exclusion – Where the contracting authority can demonstrate by any appropriate means

that the economic operator is in breach of its obligations relating to the payment of taxes or social security contributions.

– Where economic operator ‘has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract…which led to early termination of that prior contract, damages or other comparable sanctions’

– Where economic operator has undertaken ‘to unduly influence the decision-making process of the contracting authority, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award’


European Single Procurement

Document (regulation 59)• European Single Procurement Document

– Self-declaration form in place of certificates (may still request certificates or other documents at any later stage of the process)

– Used to confirm no grounds of exclusion apply and meets the relevant selection criteria and rules set by CA

– CA may require economic operators to provide supporting documents at any time during the procurement and must require them before contract award.

• Note that guidance issues under regulation 107 suggest that you should accept self certification even before ESPD is available


Case study 2


Award criteria

• Award of all public contracts must now be to the most economically advantageous tender identified on basis of either ‘price’ or ‘cost’ using a ‘cost-effectiveness’ approach e.g. life-cycle costing

• Example of list of criteria includes reference to qualitative, environmental and social criteria, innovative characteristics

• ‘linked to the subject matter of the contract’ may include factors relating to the production process, trading, a specific process for another stage of their life-cycle

• Regulations provide that award criteria may comprise ‘organisation, qualification and experience of staff assigned to performing the contract where the quality of the staff employed can significantly impact the level of performance of the contract


Framework Agreements and

Dynamic Purchasing Systems• Framework agreements (regulation 33)

– Contracting authorities to be clearly identified in the call for competition

– Clarification that a multi-supplier framework agreement may provide for direct call-offs and mini-competitions provided all terms set out in framework agreement (must set this possibility out in the tender documents). Choice of call-off route to be based on ‘objective criteria’

• DPS provisions revised to be more user-friendly (regulation 34)– Restricted procedure used (instead of Open)

– Suppliers no longer have to submit an indicative tender to be admitted to the DPS. They must simply satisfy the specified selection criteria

– List of pre-qualified suppliers can then be invited to tender for specific contracts

– Still the case that suppliers cannot be charged a fee in return for admission to DPS


Lots (regulation 46)

• Contracting authorities may award a contract in separate lots –

can determine size and subject matter however there will be no

obligation to divide

• Where there is no division into Lots Contracting Authorities must

include reasons for decision not to divide in procurement

documents

• May set a maximum limit of lots which may be awarded to one

party – but must state in contract notice/invitation to confirm

interest

• Where a number of lots may be awarded to one party, CA must

indicate the award criteria which will be applied


Duty to compile individual

reports• If the award notice contains the required information, CA can refer to this

in the report

• The report must be communicated to the Commission or the Cabinet

Office if requested

• CAs required to document the progress of all procurement processes

• Must keep sufficient documentation to justify decisions taken at each

stage of the process for at least 3 years from contract award:

– Communications with economic operators and internal deliberations

– Preparation of procurement docs

– Dialogue or negotiation

– Selection and award of contract


Case Study 3


Variations to concluded

contracts• New Regulations provide that a new procurement is

required only if a contract modification is substantial

• Four cases in which modification deemed substantial

– Conditions which would have allowed for admission of other

candidates/acceptance of another offer or would have

attracted additional participants

– Economic balance changed in favour of contractor

– Considerably extends scope

– New contractor (except as permitted under Directive)



contracts• Four cases in which modifications permitted:

– Where modifications, irrespective of their monetary value, have been provided for in the initial tender documents in clear, precise and unequivocal review clause/option– must state scope, nature and conditions under which clause/option may be used and cannot alter overall nature of contract/framework agreement

– Where additional works, services or supplies by original contractor have become necessary and change in contractor cannot be made for economic or technical reasons and would cause significant inconvenience or substantial duplication of costs for CA (any increase in price limited to 50% of original contract value – applies to each successive modification)

– Where modification required due to unforeseen circumstances, modification does not alter the overall nature of the contract and any increase in price limited to 50% of original contract value – applies to each successive modification)

– Replacement of contractor due to exercise or review clause/option, universal or partial succession following corporate restructuring providing original PQQ criteria still fulfilled and no other substantial modifications



contracts• One case where change is deemed insubstantial:

– Where the value of the modification is

• (a) below the EU financial thresholds; and

• (b) below 10% of the original contract value for service and supply contracts and below 15% of the original contract value for works contracts.

• Note that the modification may not alter overall nature of contract (for successive modifications, value assessed on basis of net cumulative value)

– CAs to be allowed possibility to terminate a contact that has been materially varied.


Case Study 4


Reservation of contracts for

mutuals

• No explicit exclusion for awarding contracts to mutual under previous regime

• New Regulations allow certain qualifying services (broadly health, social, cultural and linked administrative services) to be reserved for mutualsthat meet the following cumulative conditions (Reg 77):

– Its objective is the pursuit of a public service mission linked to the delivery of the qualifying services

– Profits are reinvested with a view to achieving the organisation’s objective or are distributed based on participatory considerations

– Management and ownership structures are based on employee ownership or participatory principles or require the active participation of employees, users or stakeholders

– It has not been awarded a contract for the same services by the same contracting authority within the last three years


Reservation of contracts for

mutuals• Maximum contract term of three years

• Note that higher threshold (EUR 750,000) applies

• Still a requirement to advertise contract but able to limit

scope of competition

• Commission to review effects of this provision after three

years


Case Study 5


Remedies: Regulations 88 to

103• Are unchanged

• General time limits: 30 days beginning with the date when the Economic

Operator first knew or ought to have known that there were grounds for

a challenge (see Turning Point Ltd v Norfolk County Council [2012]

EWHC 2121)

• Special Time limits for ineffectiveness : Where specific notice has been

given within 30 days and in any event within 6 months of the contract

being entered into.

• Automatic suspension on issue of claim

• Different remedies where the contract has and has not been entered

into.

• Ineffectiveness is only available as a remedy in specific circumstances

• General penalties


Preparing for challenges

• Effective audit trail is key

• Consistency between documents

• Justification/reasoning for decisions

• Consider what is committed to writing


Preparing for challenges

• Take care with ‘lay’ or external scoring

• Scoring and Moderation – key risk area

• Managing bidder feedback


Dealing with Challenges

• Instruct advisers immediately

• Gather information quickly

• Respond within timescales (even if cannot provide

information)

• Bear in mind limitation period

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Lord Young Reforms Part 4

Overview • Where PQQs are used they should comply with

guidance (and model form PQQ)

• Opportunities should (where they are advertised) be

advertised on contracts finder

• Note concept of reportable deviations and increase in

spot checks under the mystery shopper regime

• Below threshold procurements must not include a

PQQ stage

• Payment of undisputed invoices within 30 days


Qualitative Selection

Regulation 107• Must have regard to guidance issued by the Cabinet

Office in relation to the selection stage (ie the PQQ

stage) in above threshold procurements

• https://www.gov.uk/government/publications/public-

contracts-regulations-2015-requirements-on-pre-

qualification-questionnaires

• If you don’t follow the guidance it is potentially a

reportable deviation.

• Guidance contains a standard form PQQ

https://www.gov.uk/government/publications/public-contracts-regulations-2015-requirements-on-pre-qualification-questionnaires


Qualitative Selection Guidance

• The guidance sets out the following general principles on the use of

the standard SQ:

– The contracting authority should allow potential providers to self

certify that they are not subject to any of the mandatory/

discretionary grounds for exclusion

– Evidence that the supplier can meet the specified requirements

should normally be obtained following the final tender evaluation

decision only from the winning supplier.

– The grounds for mandatory and discretionary exclusion set out in

the 2015 Regulations should always be applied to the supplier

and all members of a consortium bid.

– Full details including scoring for each question, weightings and

any "pass mark" or minimum threshold for selection must be

made known to the suppliers at the same time that the

PQQ/selection questions are issued.


Standard form Selection

Questionnaire • The standardised SQ, sets out what is required by way of

information on:

– The supplier.

– Its bidding model.

– Licensing and registration.

– Whether any of the grounds for mandatory exclusion apply.

– Whether any of the grounds for discretionary exclusion apply.

– Economic and financial standing of the supplier.

– The supplier's technical and professional ability.

– Additional PQQ modules - such as project-specific questions,

insurance cover, compliance with equality legislation, environmental

management, and health and safety.


Below Threshold Procurements

Regulations 109 to 112• For Sub Central Contracting authorities this

section applies to public contracts with a value

between £25,000 and the relevant threshold.

• It does not apply to contracts which:

– are subject to the patient choice regulations; or

– would not be subject to the regulations even if

they did fall within the financial envelope; or

– (in relation to the advertising requirements

only) are to be let by Maintained Schools and

Academies


Below Threshold Procurements

• Where a contracting authority advertises an

opportunity it must also be published on contracts

finder within 24 hours

• Regulation 110 (8) prescribes what must be

included on contracts finder

• All documents must be made freely available on

contracts finder


Below Threshold Assessing

Suitability • You must not include a pre qualification stage

• You may ask suitability questions only if:

– Relevant to the subject matter; and

– Proportionate

• Must have regard to CO guidance

• Can you sequence?


Payment of undisputed

invoices within 30 days • Regulation 113 requires that every public contract awarded contains

suitable provisions requiring:

– invoices are paid no later than 30 days from the date on which the

invoice is regarded as valid and undisputed

– verify any invoices submitted in a timely fashion.

– that undue delay in verification is not a sufficient justification for

failing to regard it as valid and undisputed.

– that any subcontract awarded by the contractor contains suitable

provisions to impose, as between the parties to the subcontract:

• requirements to the same effect as those set out above; and

• a requirement for the subcontractor to include in any subcontract

requirements to the same effect.


Timetable

• Session 1

– Fundamental treaty principles

– The various procurement procedures

– Selection stage

– Award Criteria

– Evaluation

– Standstill

– How bidders might challenge a process


Timetable

• Session 2

– How to conduct soft market testing

– How to draft / review a specification

– How to draft / review an evaluation model

• Interactive elements

– Drafting exercises, case studies and a quiz


Soft market testing (SMT)

• Can be used two ways:

– to research the market and better understand

your requirements

– to inform the market of your requirements and

intentions

– or both simultaneously

• Procurements should only take max 120 days!


SMT – questions to ask yourself

• How could we improve this service?

– How have this service been run to date?

– What is currently good or bad about this

service?

– What would be a useful feature of this service

that we do not currently have?

• How could we make our lives easier from a

contract management perspective?

• How could we save money?


SMT - research

• Methods:

– Prior information notice (PIN) in OJEU calling

for submissions

– Targeted requests for submissions

– Questionnaires

– Presentations (“meet the market” day)

– Interviews

• Direct with suppliers or indirect with their

customers


SMT – questions to ask suppliers

• Their experiences delivering similar services

• Comments on your current service

• Comments on your proposed service

• How appealing is your proposed service?

• Do they see any innovation opportunities?

• Comments on pricing model

• Comments on performance management model

• Approach to and challenges of transition

• Any issues/opportunities with location


SMT – questions to ask suppliers

• How will they manage consistent quality output?

• Sustainability and environmental concerns

• Comments on the contract (incl. duration)

• Evolution of services/options to bolt on more

• Procurement strategy – timetable and process

• Approach to subcontracting

• Style of relationship management

• Staff – TUPE, pensions

• Social value offerings

• Future technological developments


SMT – inform suppliers

• PIN in OJEU

• Open Q&A sessions

• Dedicated email address / project on portal


Be careful!

• Do not allow your specification to favour any

particular economic operators – regardless of

whether you have done SMT – regulation 41 and

42(10) PCR 2015

• Make officers aware – it does not go without

saying.


Drafting a specification

• A critic is a man who knows the way but can't

drive the car. - Kenneth Tynan, 1963


Drafting a specification

• What is a specification?

– Statement of requirements

– Ultimately will be legally binding

– Ensures the council gets what it wants


Types of specification

• Input

• Output

• Outcome

• Process


Output specification

• States what must be delivered, not how

• Transfers responsibility for designing the solution

to the supplier

• Transfers risk to the supplier

• Allows the supplier to be flexible over time


Bear in mind your process

• You cannot negotiate the specification under:

– Open

– Restricted

• You can negotiate the specification under:

– CPN (but not the minimum requirements)

– Competitive dialogue

– Innovation partnership


Regulation 42 PCR 2015

• The required characteristics may include:

– quality levels,

– environmental and climate performance levels,

– design for all requirements (including accessibility for disabled persons) and conformity

assessment,

– performance,

– use of the product,

– safety or dimensions,

– terminology,

– symbols,

– testing and test methods,

– packaging,

– marking and labelling,

– user instructions,

– production processes and methods at any stage of the life cycle of the supply or service

and conformity assessment procedures.


Accessibility for disabled persons

• Technical specifications shall, except in duly justified

cases be drawn up so as to take into account

accessibility criteria for disabled persons or design for

all users – regulation 42(8)

• Where mandatory accessibility requirements are

adopted by a legal act of the EU, technical

specifications shall, as far as accessibility criteria for

disabled persons or design for all users are

concerned, be defined by reference thereto -

regulation 42(9)


Challenges

• Law Society of England and Wales v Legal

Services Commission [2010] EWHC 2550

• Specification included a requirement to hold an

accreditation

• As firms were unable to obtain this accreditation

within the eight week tender window, many firms

failed to win any work

• High Court found that the tender for the award of

contracts for family legal aid services was

unlawful for irrationality


Drafting techniques

• Must be clear to be enforceable – SMART

– Specific – say exactly what the end goal is

– Measurable – objectively so

– Agreed-upon – avoid postponing decisions

– Realistic – err on the side of ambitious,

especially if you can negotiate later

– Time bound – consider the council’s other

deadlines and activities, and normal reporting

cycles


Drafting techniques

• Use defined terms – everyone in the project

should use the same terminology, adopt a

common vocabulary

• Have performance monitoring in mind - select

the most important elements of the specification

for inclusion in a service credit scheme. Must be

sufficiently clear and unambiguous, and can be

objectively measured.


Spot the errors

• “It is envisaged that continuous improvements will

be delivered by the parties working in a holistic

way.”

• passive voice

• no concrete goals or measurements

• open to argument between the parties whether it

had been achieved or not


Drafting exercise

• “The lawns of council properties should be mowed

regularly.”

• “The Supplier shall mow all Lawns at least once

per Quarter.”

• “Lawn means any area of grass or grass-like

vegetation at a Site”

• Ideally by reference to plans


Drafting exercise

• Your council is buying consultancy services for

public realm enhancements.

• “The council is looking for suggestions that can be

implemented quickly.”

• “The supplier shall deliver at least 10 Proposals

that can be implemented within one month at a

cost of less than £2,000 each. The results of the

Final Survey must show a satisfaction increase of

at least 2 points.”


Future flexibility

• Maintain specific requirements, but

• Build in options for future service development

• Beware of regulation 72


Supporting information

• As much as possible, annexed to the specification

• Information about:

– the current service

– the future goals for the service

– anything that provides useful context and

– copies / links to the council’s relevant policies,

procedures and guidelines


Optional extras

• Draft requirements either as “must” or “should”

• Musts are mandatory and failure to meet a single

one results in disqualification

• Shoulds are optional and failure to meet them

only reduces the tenderer’s score

• Pair with a compliance matrix – tenderers should

indicate with simple “yes/no” which requirements

they can meet – this becomes contractually

binding


Evaluation models

• The formula that determines who wins the

procurement

• Essential this is given due consideration so the

council ends up with the right contractor

• If done poorly it can exacerbate a challenge


Traditional model - quality

• Quality criteria – marked out of 5

• Be careful with wording of criteria

• Consider granularity


Reasonable example

Score 0 If the response doesn’t provide any evidence that the tenderer will be able to successfully deliver the

project to meet the Council’s aims.

Score 1 If the response is difficult to follow, lacks structure or provides insufficient or suitable evidence that they

will be able to successfully deliver the project to meet the Council’s aims

Score 2 If the response is not easy to follow, its structure is unclear, and provides only the minimum suitable

evidence that they will be able to deliver the project to meet the Council’s aims.

Score 3 If the response is easy to follow, but only in parts and is lacking or inconsistent in some minor areas and

provides some suitable evidence that they will be able to deliver the project to meet the Council’s aims.

Score 4 If the response is easy to follow, well structured, addresses all aspects of the information requested and

gives sufficient evidence that they will be able to successfully deliver the project to meet the Council’s

aims.

Score 5 If the response is very easy to follow, very well structured and addresses all aspects of the information

requested and provides full confidence that the project will be delivered to meet the Council’s aims.


Poor example

Score Rating Criteria for Awarding Score

0 Unaccept

able (fail)

The information is omitted/no details provided, or irrelevant answer provided

1 Poor

(fail)

The Authority has serious reservations that the Tenderer understands the requirement in the question.

The proposal provides very limited evidence and assurance that the relevant aspect of the service

would be delivered to the expected standard and there are serious doubts about aspects of the

response.

2 Fair The submission is superficial and generic in its scope. The Authority has some reservations that the

Tenderer understands the requirement in the question. The proposal provides some limited evidence

and assurance that the relevant aspect of the service or requirement would be delivered to a

satisfactory standard.

3 Satisfact

ory

The Authority is reasonably confident that the Tenderer understands the requirement in the question

and the proposal provides some satisfactory evidence and assurance that the relevant aspect of the

service or requirement would be delivered to a satisfactory standard.

4 Good The submission is robust and well documented. The Authority is confident that the Tenderer

understands the requirement in the question and the proposal provides good evidence and assurance

that the relevant aspect of the service or requirement would be delivered to a good standard.

5 Excellent The proposal is innovative and adds value. The Authority is completely confident that the Tenderer

understands the requirement in the question and the proposal provides very good evidence and

assurance that the relevant aspects of the service or requirement would be delivered to an excellent

standard.


Traditional model - price

• Price criteria – compared to the prices of other

tenderers as follows:

Price score = (your price / lowest price) x weighting

• Watch out for very low or zero priced bids (ie loss

leaders) – guard against this either in the ITT or in

the maths

• Consider “value for money” formula:

Total score = quality / price


Stress test to avoid gaming

• Sharpe Pritchard EM LawShare charge rates:

– £180 – Partner

– £150 – 5+ PQE

– £110 – 3+ PQE

– £110 – up to 3 PQE

– £110 – Trainee

– £140 – Other fee earner


Case study

• Kent Police digital asset management system


Check out the website …


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