For many care and support services contract, an organisation may use the procurement procedures, tools and techniques of its choosing. You should follow a procurement procedure, as a matter of best practice, that is proportionate to the value of the contract and to take account of some fundamental considerations (for example, the TFEU fundamental principles where relevant and fair work practices).

When doing so, you may choose to adapt or streamline the Competitive Procedure with Negotiation described in the Public Contract (Scotland) Regulations 2015. If you do so, you are not obliged to follow the detailed procedural requirements set out in those Regulations. You should therefore not refer to the Regulations in the tender documentation issued to participants, as this may create an expectation that the detailed procedural requirements will be followed. In all cases, you should ensure that the procurement process is described accurately and clearly, and then adhered to.

You may authorise or require variant bids.  However this must have been specified:

• in the Contract Notice or,
• where a PIN is used as a means of calling for competition, in the invitation to confirm interest. 

Your Procurement Documents must set out the minimum requirements and how the variant will be evaluated. Variants cannot be considered unless:

• specified within your Procurement Documents
• they are linked to the subject matter of the contract and
• they meet the minimum requirements.

 All variant bids should be evaluated using the same criteria as the standard bids and compared on a like-for-like basis.

You should also consider whether to allow potential bidders to offer different TUPE scenario options within their bids. If so, you must provide clear directions to bidders to ensure that bids  are compared on a like-for-like basis.

Since your final documents may be dependent upon the negotiations held, it is not practical to expect you to publish all Procurement Documents with the Contract Notice.

Invitations to Tender (ITT) should be sent to all selected bidders:

• for free
• simultaneously
• in writing;
• by electronic means; and
• include all ITT documents (unless exclusions apply, for example confidentiality).

If an ITT is issued near to the closing date, bidders should be made aware that the submission date is imminent.

The ITT time limits for receipt of tender submissions should be proportionate to the contract complexity and the time required to prepare and submit a bid (bearing in mind minimum requirements).

Your Organisation must extend the time limits for the receipt of tenders so that all bidders are aware of all of the information needed.  When:    

• additional information has been requested by a bidder andnot supplied at least 6 days (or 4 days in accelerated procedures) before the receipt of tenders deadline or
• where there are significant changes made to the procurement documents.

Any extension should be proportionate to the complexity of the change and /or the additional information being provided.

To proceed with a tender extension the necessary approval should be obtained in accordance with your internal governance.

If the date is amended, the new date should be notified to all bidders.If any tenderer indicates that they have already submitted a tender, they should be able to withdraw their original bid and submit a revised one (in line with the extended tender deadline).

Care must be taken to guard against fraud.  A full audit trail must be documented to ensure no information is passed to a bidder, to allowing them to amend bids already seen by the Organisation.

The activities you undertake at this stage must be carried out in a carefully managed manner that supports the Principles of Procurement. As a minimum the processes must be  transparent  ensuring no distortion of the market.The outcome cannot  unduly favour or disadvantage a particular bidder.I It is the responsibility of your  Organisation to make sure these requirements are met.