Route 3 - Contract Award
You must ensure you received the most up-to-date supporting documents referred to in the selection stage response e.g. certificates
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.
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 any 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)
- Cyber Security Considerations
- Considerations in relation to Community Benefits in procurement exercises equal or greater than £4M
- 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 they should be notified as soon as possible.
Information provided to tenderers must, where applicable, include the grounds for any decision:
- Not to conclude a Framework Agreement;
- Not to award a contract that has been advertised;
- To recommence the procedure; or
- Not to implement a Dynamic Purchasing System (DPS).
The regulations require a specific notification to tenderers (the Standstill Notice), which commences a standstill period. However, a mini-competition, with no standstil, can be issued for Framework Agreements which are already in place. These templates may be used to notify the successful and unsuccessful tenderers in this instance.
In addition to the standstill rules, the regulations include a debriefing obligation. Any tenderer may request additional information regarding the tendering process. The Organisation must respond as soon as possible or at the latest 15 days from the receipt of a written request for more information.
Care should be taken that debriefing information is consistent with that provided with the Standstill Notice.
If PCS-Tender is being utilised, the notification can be issued electronically through the system.