The Restricted Procedure should be used for procurement exercises where market analysis has shown many bidders could meet your needs and bid.
The Restricted Procedure is a two stage process. The first stage is a selection process, where the bidders’ capability, capacity and experience to perform the contract is assessed i.e. the ESPD (Scotland) is used to shortlist bidders. This means the number of bidders can be reduced at the selection stage.
The second stage is when the Invitation to Tender is issued and the bids are assessed to determine the most economically advantageous tender, the basis of contract award. Only the shortlisted bidders are then invited to submit a tender. This will minimise the cost for the bidders and your organisation.
All Organisations are free to use this procedure, in any circumstances and for any type of contract and Framework Agreement.
For many care and support serveices contracts, an organisation may use the procurment 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 considertaions (for example, the TFEU fundamental principles, where relevant, and fair work practices).
When doing so, you may choose to adapt or streamline the Restricted Procedure 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.
Bidders must be given a minimum of 30 days (from the day the Contract Notice is sent for publication) to respond to a call for competition (or 25 days where the organisation has indicated that it will accept an electronic submission).
Sub-central buyer organisations may set the time limit for the receipt of tenders. However this must be done by agreement with the bidders successful at selection stage. The same time limit must be applied to all bidders.
Where a time limit cannot be agreed a minimum of 10 days must elapse between despatching the ITT and the deadline for submission.
Note: A sub-central buyer organisations is any Organisation which does not belong to Central Government or National Health Services.
Sub-central Organisations may use the Prior Information Notice as a Call for Competition.
Organisations are allowed to shorten certain deadlines in case of urgency.
In a Restricted Procedure, it is not necessary to make all procurement documentation available when the Contract Notice is published.
It is necessary that your organisation provides sufficiently precise information to allow bidders to identify the nature and scope of the requirement. From this information the bidders will decide whether to express an interest to participate i.e.. it is essential that the ESPD (Scotland) is used and is available when the Contract Notice is issued.
All Procurement Documents should be made available via the internet with free and unrestricted access. If exceptions apply, which mean that the Procurement Documents cannot be issued electronically, the Contract Notice must detail how this will be done instead.
If the documents cannot be accessed immediately by electronic means then the timescales should be extended by five days. The exception is in a case of duly substantiated urgency.
The ITT time limits (for receipt of bidder tender submissions) should be proportionate to the contract complexity and the time required to prepare and submit a bid. You must take into account the minimum requirements when setting this time limit.
Time limits for the receipt of tenders must be extended:
The length of extension of a tender deadline 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 procedures.
If the date is amended, the new date should be notified to all tenderers. If any tenderer has already submitted a bid then they should be given the opportunity to withdraw their original bid and submitting a revised one. This revised bid should meet the extended tender deadline.
You cannot negotiate on fundamental aspects of contracts i.e. areas likely to distort competition such as price.
Dialogue with bidders should be limited to requests for clarification.
You should record any discussions with bidders. Meetings which discuss proposals/requirements should be avoided as these may distort competition. For more information please refer to Post Tender Clarification.
As a minimum the processes must be transparent ensuring no distortion of the market. The procurement cannot unduly favour or disadvantage a particular bidder. It is the responsibility of your Organisation to make sure these requirements are met.
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