Route 3 - Develop Documents - Contract Notice and Advertising

Contract Notices

Contract Notices should be used to advertise all Route 3 procedures. The only exception to this are:

  • Use of the negotiated procedure without prior notification (only available in strictly defined and exceptional circumstances)
  • In a Restricted Procedure, or Competitive Procedure with Negotiation, sub-central organisations can use a Prior Information Notice (PIN) if certain information is set out in the PIN. A sub-central Organisation is any Organisation which does not belong to Central Government or National Health Services.

Indicative Budget

 

An organisation may choose to indicate the available budget for delivering the service in question, specify the outcomes desired and invite providers to submit proposals for achieving the outcomes within the resources available. Stating an indicative budget ensures that suppliers' tenders for delivering the service are affordable. This may be appropriate if, for example, a procurement exercise fails and the organisation moves to negotiation with suppliers. In other circumstances, stating an indicative budget may make it difficult for an organisation to assess that the service represents value for money.

 

Establishing a timetable for the procurement process

This is particularly important if there is an expectation that suppliers will submit consortia bids to allow discussions between suppliers to take place.

[For Care and Support Services, when determining the start date of the contract, an organisation should take into account any process and timescales for registering a care service where this involves a new service or change in the registration of a service. In all cases, an organisation should seek to observe the timescales it has set for decision making.]

Publication

All Contract Notices must be published on Public Contracts Scotland (PCS).  PCS is the national advertising portal which provides suppliers with free access to contract opportunities. It also guides Procurement Officers through the process of creating a Notice on its website and automatically creates a Notice on the Official Journal of the European Union (OJEU). Contract Notices must set out the information in Part C of Annex V of the 2014 EU Public Procurement Directive [as provided for in PCS].

From Friday October 28th 2016 when publishing an OJEU Contract Notice on PCS, Procurement Officers should attach the document containing their ESPD (Scotland) questions.

This does not apply to PCS-T users, who should continue to include their ESPD (Scotland) questions via PCS-T as per the existing process.

After you have submitted the Contract Notice for publication on PCS, you will subsequently receive and alert from PCS with your PCS identification number and a separate mail from Tender Electronic Daily (TED) with your temporary OJEU reference number.

Once your notice is published in the OJEU, TED will send you the OJEU publication number which you must then retrospectively update in the ESPD (Scotland) on PCS.

Availability of Tender Documents when Publishing OJEU Notices

Regulation 54(1) of the new Public Contracts (Scotland) Regulations 2015 provides that “a contracting authority must offer on the internet unrestricted and full direct access free of charge to the procurement documents from the date of publication of a notice”. The Regulations define ‘procurement documents’ very widely meaning that the literal interpretation of this provision is that all documents related to the procurement, including technical specifications, terms and conditions and tender documents to be used at subsequent stages must be available at the commencement of a procurement. From an operational perspective however, it is recognised that having all documents available at the commencement of the procurement is not always practical. In general, only in an Open Procedure is an organisation required to make the ITT available from the outset however, in all other procedures, the organisation  must provide sufficiently precise information to enable bidders to identify the nature and scope of the requirement and decide whether to request to participate.

Procurement Officers should note that procurement documents must not be published in PCS-Tender until either:

1) the EU Publications Office confirms that the OJEU notice has been published

                                                                              Or

2) 48 hours (2 working days) have elapsed since the EU Publications Office confirmed receipt of the notice

The procurement documents should be published in PCS-Tender on the same day of whichever of these events occurs first.

The Contract Notice must contain the minimum and specific requirements for your procurement exercise.  You should include the standardised statements relating to the relevant ESPD (Scotland) questions. Unlike the questions in ESPD (Scotland), Procurement Officers can create new, or amend the statement(s) in the Standardised Statements document  which will be included in the Contract Notice. Any amended or additional statements must reflect the selection criteria and minimum standards of the particular procurement exercise. Additional or amended statements should only be used if no suitable standardised statements exist and you must ensure that all statements used in the procurement exercise relate to a specific question in the ESPD (Scotland).

It is important that the Contract Notice provides the scope of the requirement, either by volume or by value and, in the case of Contract Notices for Framework Agreements that it clearly identifies the bodies which will be entitled to use it. If the proposed contract is to be a reserved contract the Contract Notice must state this. It must also state if:

  • the organisation intends to hold an electronic auction;
  • presentation of tenders in the form of electronic catalogues is accepted or required;
  • whether or not variants are authorised or required;
  • information in respect of any lots.

[For the avoidance of doubt, electronic auctions should not, in any circumstances be used for Care and Support Services procurement.]

Where the expected value of the contract is equal to or greater than £4,000,000 you must detail in the Contract Notice a summary of the community benefit requirements you intend to include in the contract, or a statement of the reasons for not including any. Further information on the specific sections of the OJEU Contract Notice can be found below. 

Your Contract Notice must contain details of how the bidders will be able to access the Procurement Documentation e.g. if PCS Tender is used it must provide the relevant reference numbers for the specific procurement and set out time limits periods for the receipt of tenders (bearing in mind statutory minimums).

If uploading Procurement Documents to PCS (Advertising), please note size restrictions currently apply (10Mb per document and a maximum of 40Mb for the Procurement Officer and 10Mb per document with a maximum of 30Mb for the Supplier) on PCS Advertising. However, when using PCS-Tender, attachments cannot be added to the Contract Notice on PCS Advertising, and must instead be added to PCSTender.

 

PIN which is not a Call for Competition

 

All Organisations may give advance notice of planned procurements through the publication of a Prior Information Notice  which is not used as a means of calling for competition. This can allow potential bidders to prepare themselves to bid in time for the contracts announced.  It can also enable reductions in timescales for competitions, once the relevant Contract Notice is despatched.

  • The PIN must contain the information set out in section I of Part B of Annex V of the 2014 EU Public Procurement Directive and be sent for publication.
  • The standard PIN form should be used.
  • The PIN must have been sent between 35 days and 12 months before the date on which the Contract Notice is sent.
  • Once a PIN has been published, reductions in timescales for competitions identified in the PIN are possible.

The period covered by a PIN must be a maximum of 12 months from the date on which the notice is sent for publication.

 

PINs which are a Call for Competition

Sub-central Organisations may publish the PIN used as a call for competition if it includes certain required information (section I and II of Part B of Annex V of the 2014 EU Public Procurement Directive).  The PIN must:

  • Refer specifically to the supplies or services that will be the subject of the contract to be awarded;

  • Indicate that the contract will be awarded by Restricted Procedure or Competitive Procedure with Negotiation without further publication of a call for competition and invite bidders to express their interest; and

  • The PIN was sent for publication between 35 days and 12 months prior to the date on which the invitation to be included in the procurement was sent;

  • Once a PIN has been published, reductions in timescales for competitions identified in the PIN are possible.

The period covered by a PIN must be a maximum of 12 months from the date on which the notice is sent for publication.

Additional Contract Notice Guidance

Two sets of examples (for Open and Restricted Procedures) have been developed to help you complete the OJEU Contract Notice. Both sets contain an example OJEU Contract Notice and a corresponding ESPD (Scotland). These examples are for guidance and are not intended to be definitive templates for the above mentioned two procedures.  You are therefore required to make a professional judgment about the questions/statements used on a case by case basis.

The examples can be found here:

1. Contract Notice Example - Open Procedure for Services and

ESPD (Scotland) v1.9 Example - Open Procedure for Services

2. Contract Notice Example - Restricted Procedure for Services and

ESPD (Scotland) v1.9 Example - Restricted Procedure for Services

[For Care and Support Services you may use the Contract Notice examples and the OJEU Contract Notice Overview table below to develop the Social and other Specific Services Contract Notice.

In the case of a Social and other Specific Services Contract Notice, you must put the exclusion statement under II.2.4 (Additional Information) of the contract notice, and the selection statements under III.1.4 (Objective Rules and Criteria for Participation) of the Contract Notice.]

OJEU Contract Notice Overview

In some instances the OJEU Notice does not specify the exact field where information should be added in line with legislation e.g. where to add text when lotting has been considered but it has been determined not to lot, community benefits and statements reflecting ESPD (Scotland) questions e.g. exclusion statement, quality management. The aim of the table below is to detail which fields should hold that information and also specifies the character limits in the Contract Notice.

Contract Notice Field                                                

ESPD (Scotland)

Information to be included

Character Limit

Section I. Contracting Authority

I.2. Joint Procurement

2A.17

When different countries are involved in a joint procurement, the applicable national procurement law must be detailed in this field

200

I.3 Communication

-

Advise bidders where to access and submit documents, and how to communicate the Procurement Officer.

200 per URL field

I.4 Type of Contracting Authority

-

Type of Public Body

200 in ‘Other’  field

I.5 Main Activity

-

Main activity of Public Body

200 in‘Other’ field

Section II. Object

II.1.1. Title

-

Title and reference number of procurement exercise

 

Title 200

Ref No 100

II.1.4. Short Description

-

Short description of procurement.

1,000

II.1.5. Estimated total value

-

Total value of the contract including any extension options (numbers only)

TBA

II.1.6. Information about Lots

2A.18

If the contract is divided into lots, then all lotting information must be detailed here

4 (number of lots field) and 400 (combination of lots field)

II.2. Description

II.2.1 Title

-

Title and lot number

 

Title 200

Lot No. 100

II.2.3 Place of Performance

-

Main site or place of performance

200

II.2.4. Description of the Procurement

-

Full description of procurement which should also include the reasons for not lotting if appropriate.

4,000

II.2.5. Award Criteria

-

Minimum award criteria

 

Criterion(description) 200

Weighting 20

II.2.7. Duration of the Contract

-

Duration should include all possible extensions to the contract.

Duration Months 3

Duration Days 4

Description of renewals 400

II.2.9. Information about the limits on the number of candidates to be invited

-

All selection criteria, including weighting and scoring of the  relevant ESPD (Scotland) questions, and any pass/fail criteria being used must be included in this section.

4,000

II.2.11 Information about Options

-

Description of Options

4,000

II.2.13 European Funds

-

If the project is financed by EU funds, it must be identified here.

200

II.2.14. Additional Information

Part III. Exclusion Grounds

It is mandatory that the exclusion grounds statement from the standardised statement document is included in the Contract Notice, and for consistency it is recommended that it is also included in this section.

Any specific exclusion grounds (e.g. modern slavery) can be specified here

Where necessary to also verify exclusion grounds in respect of sub-contractors as part of the selection process this must be specified here.

400

Section III. Legal, Economic, Financial and Technical Information

III.1.1-3

(overview – individual details below)

Part IV

Selection statements for Part IV of ESPD (Scotland) should be included in this section. Any sections not used should  be marked ‘non-applicable and on no account left blank. If impacted by character limitations, you may upload an additional word document with the Contract Notice.

25,000 in total

III.1.1 Suitability to pursue professional activity

Section A of Part IV.

Suitability statements

4,000

III.1.2. Economic and Financial Standing

Section B of Part IV.

Economic and financial standing statements go here (please use ‘GBP’ instead of the ‘£’ symbol).

Brief description 4,000

Minimum levels 4,000

III.1.3 Technical and Professional Ability

Section C and D of Part IV.

Technical and professional ability statements

Quality Assurance Schemes and Environmental Management Standards (Section D of Part IV of ESPD (Scotland)) should be included here.

Brief description 4,000

Minimum levels 4,000

III.2.1 Particular Profession

-

Reference to the relevant law, regulation or administrative provision

1,500

III.2.2. Contract Performance Conditions

-

Contract performance conditions

1,000

Section IV: Procedure

IV.1.1. Type of Procedure

-

Type of procedure with justification

1,000 per procedure justification

IV.1.3. Framework Agreement or DPS

-

Information about a framework agreement or Dynamic Purchasing System (DPS). If the notice involves the establishment of a framework agreement, the justification and the maximum number of candidates must be detailed here.

Number of candidates 3

Justification 400

IV.1.6. Electronic Auction

-

Additional information about electronic auctions

400

IV.2.6. Time Frame

-

Minimum time frame during which  the tenderer must maintain the tender

3

IV.2.7. Opening of Tenders

-

Conditions for opening of tenders

Place 400 Information etc 400

Section VI. Complementary Information

VI.1. Recurrence

-

If it is a recurrent procurement,  the estimated time for further notices to be published needs to be given.

400

VI.3. Additional Information

-

Award criteria, such as scoring and weighting should be detailed here.,

Community benefits (if appropriate) should be detailed here

Given that PCS pre-populates this field (based on previous answers), the number of characters available here is flexible and can range between 2,000 and 4,000 characters.

Subcontractors – where necessary to do so, state that bidders must list the subcontractors they intent to use, in so far as they are known.

2,000 to 4,000

VI.4.1. Review Body

-

The name and address of the relevant contracting authority should be inserted here (at the moment this would be the details of your own organisation as Scotland does not have a relevant professional body for review).

-

VI.4.3. Review Procedure

-

Information on deadlines for review procedures.

4,000

 

 

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