Route 2 - Contract Award

You should now be at a stage where you have identified the successful tenderer(s).

From a fraud awareness perspective, the following checks should be made before progressing to the next stage:

Tender Award Documentation

Before a Procurement Officer awards a contract they should check the following points:

  • Who was involved in the tender award process?
  • Have there been any changes in staff from those involved during the tender evaluation?
  • Did any of the tenderers drop out of the process and decide not to proceed with the tender? Consider if an unknown agreement has been made.

On the award, review the list of suppliers/sub-contractors. Are they the same as other bidders involved in the tender exercise? Such circumstances can lead to a pre-determined outcome as it would be irrelevant who is awarded the work. This may identify cartel operating.

Tender Award

A Contract Award recommendation report should be prepared by the Procurement Officer and endorsed by the User Intelligence Group (UIG) prior to approval by the appropriate authority level within your Organisation.

The report should contain reference to the following:

  • Summary of the process to date
  • Ensure any decisions for supplier disqualification have been fully documented and that the paperwork is available for inspection
  • Recommendation of award & request for approval
  • Selection Stage evaluation results (if not contained within previous report)
  • Technical & commercial evaluation (including whole life costing) together with details of any clarifications conducted, benefits and savings available
  • Details of any risks still present and mitigation plans
  • Sustainability considerations (life-cycle costing, social, economic and environmental)
  • Considerations in relation to Community Benefits
  • Details on how the tender outcome will meet the requirements identified in the Commodity/Service Strategy

Once you have obtained approval you can notify both the successful and unsuccessful tenderers of the outcome and you should as soon as possible:

  • advise any unsuccessful tenderer of the reasons for the rejection of its request to participate
  • inform any unsuccessful tenderer of the reasons for the rejection of its tender, including any decision that the goods or services do not meet the performance or functional requirements
  • confirm the name of the successful tenderer, the criteria on which the contract was awarded and the score of the successful tenderer.

If requested, you also have to provide the characteristics and relative advantages of the successful tender, within 30 days of request.

In the case of notifying unsuccessful tenderers of mini-competitions, this template may help you.

Your Organisation may withhold certain information, regarding the Contract Award, where the release of such information would prevent the enforcement of the law or be contrary to the public interest, would affect the commercial interests of particular tenderer(s), whether they are public or private, or may impact fair competition between tenderers.

Information should also be provided to tenderers about the grounds for any decision:

  • Not to conclude a Framework Agreement that has been advertised;
  • Not to award a contract that has been advertised;
  • To recommence the procedure.

Any tenderer may request additional information regarding the tendering process. The Organisation should respond in a timely fashion to any such requests.

If PCS-Tender is being utilised, the notification can be issued electronically through the system.

Please note, if the commodity/service was deemed to be catalogueable, the Procurement Officer should set up the successful tenderer on the Pecos Content Management (PCM) system to ensure that he/she can prepare the catalogues.

For complex regulated procurements, you may find some of the guidance and tools in Route 3 to be of benefit.

Consideration must also be given to Planning, Sustainable Procurement and Risk Management throughout this stage of the Journey.

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