Award Procedures. Awards under this Framework Agreement 7.1 If the Authority or any Other Contracting Body (both “a Contracting Body”) decides to source Services through this Framework Agreement then it may through its own procedures make awards for: 7.1.1 its Standard Services requirements in accordance with the terms laid down in this Framework Agreement without re-opening competition; 7.1.2 its Competed Services requirements (where all the terms are not laid out in this Framework Agreement) following a mini-competition. 7.2 Any Contracting Body ordering Standard Services under this Framework Agreement shall: 7.2.1 identify the relevant Services Framework Lot to which the Standard Services requirement applies; 7.2.2 apply the relevant Pricing Matrix for each Provider appointed to that Services Framework Lot; 7.2.3 award the requirement to the Provider who provides the best price for the relevant Services; 7.2.4 place an Order with the successful Provider which: • states the requirements for the Services; • identifies the Services Framework Lot to which the award applies; • states the price payable for the Services in accordance with the Price Matrix applicable to the relevant Services Framework Lot; and • incorporates the Call-Off Terms and Conditions. 7.3 If the Standard Services are required urgently, the Contracting Body’s authorised officer may verbally request that the Provider undertakes the relevant Services, and a Call-Off Contract for Standard Services shall be formed upon the Provider’s verbal acceptance. Where the Provider accepts the offer of a Call-Off Contract, the Contracting Body shall follow up the verbal offer and acceptance by sending the Provider an Order as soon as possible thereafter and in any event within two (2) Working Days as confirmation that a Call-Off Contract has been formed, such confirmation to include the date of contract formation and the people making the verbal offer and acceptance. The Provider acknowledges and agrees that a Contracting Body may deem that any person who verbally accepts an offer of a Call-Off Contract on behalf of the Provider pursuant to this Clause 7.3 has authority to make such acceptance. Accepting and Declining Orders for Standard Services 7.4 Following receipt of an Order for Standard Services, the Provider shall within such timescale as specified by the Contracting Body acknowledge receipt of the Order and notify the relevant Contracting Body in writing that it accepts the Order and, if stated in the Order, by signing and 7.5 The offer from the Contracting Body to the Provider made pursuant to Clause 7.4 shall lapse and the relevant Contracting Body may offer that Order to the Provider with next best price in accordance with the Standard Services Award Criteria if the Provider: 7.5.1 notifies the Contracting Body that it declines to accept the Order; or 7.5.2 the time-limit referred to in Clause 7.4 has expired; 7.6 The Provider shall inform the Contracting Body of the reasons for declining to accept an Order (whether made verbally or in writing pursuant to Clause 7.4) and the Provider’s decision for declining the Order shall be reasonable. 7.7 The Provider in agreeing to accept such an Order pursuant to Clause 7.4 above shall enter a Call-Off Contract with the relevant Contracting Body for the provision of Standard Services referred to in that Order. 7.8 A Call-Off Contract for Standard Services shall be formed on the Contracting Body's receipt of written confirmation from the Provider pursuant to Clause 7.4, save that where there has been verbal acceptance of an Order pursuant to Clause 7.3 a Call-Off Contract for Standard Services shall be formed upon the Provider’s verbal acceptance. 7.9 If the Provider declines Orders for Standard Services on a regular basis, without good reason (and provision to an inconvenient location shall not constitute a good reason), then the Authority shall have a right to suspend the Provider’s appointment to this Framework Agreement in accordance with the provisions of Clause 21. Competed Services (awards following mini-competitions) 7.10 Any Contracting Body requiring Competed Services under this Framework Agreement shall: 7.10.1 identify the relevant Services Framework Lot to which the Competed Services requirements apply; 7.10.2 identify the Providers capable of performing the Call-Off Contract for the Competed Services requirements as appropriate; 7.10.3 where it considers that TUPE is likely to apply, use reasonable endeavours to require the incumbent provider(s) to supply employee liability information pursuant to TUPE and include any information received from the incumbent provider in the information supplied to Providers participating in the mini-competition; 7.10.4 supplement and refine the Call-Off Terms and Conditions and Service Specifications as appropriate; 7.10.5 invite tenders by conducting a mini-competition for its Competed Services requirements and in particular: • notify in writing those Providers capable of performing the Call-Off Contract for the required Services and invite them within a specified time limit to submit a tender in writing for each specific contract to be awarded; • set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and • keep each tender confidential until the expiry of the time limit for the receipt by it of tenders; 7.10.6 apply the Competed Services Award Criteria to the Providers' compliant tenders submitted pursuant to Clause 7.10.5 and, to the extent indicated by its application of the Competed Services Award Criteria, award a Call-Off Contract for the Competed Services requirement; and 7.10.7 award the Competed Services requirement by placing an Order with the successful Provider which: • states the requirement for Services; • identifies the Services Framework Lot(s) to which the award applies; • states the price payable for the Services in accordance with the tender submitted by the successful Provider; • incorporates the Service Specifications and the Call-Off Terms and Conditions applicable to that Services Framework Lot as modified by the specific requirements of the Services. 7.11 Following receipt by the Provider of an Order from the Contracting Body, the Provider shall notify the relevant Contracting Body in writing that it accepts the Order and, if stated in the Order, by signing and returning the Order Form. A Call-Off Contract for the Competed Services tendered pursuant to the provisions of Clause 7.10 shall be formed upon receipt by the Contracting Body of either the Provider’s written acceptance or, where an Order Form signed by the Provider is required, the Order Form so signed. 7.12 The Provider acknowledges that it must satisfy itself as to whether or not TUPE will apply, which may include seeking independent legal advice with respect to the application or otherwise of TUPE. 7.13 The Provider agrees that all tenders submitted by the Provider for Competed Services shall remain open for acceptance for thirty (30) days (or such other period specified in the invitation to tender issued by the relevant Contracting Body in accordance with the Ordering Procedure). 7.14 If the Provider regularly refuses, without good reason, to respond to an invitation to a mini- competition held pursuant to this Clause 7 then the Authority shall have a right to suspend the Provider’s appointment to this Framework Agreement in accordance with the provisions of Clause 21. 7.15 The Authority shall produce and publish a detailed operational Call-off Procedure that shall from time to time be revised and such revisions shall be reasonable.
Appears in 1 contract
Samples: Framework Agreement
Award Procedures. Awards under this the Framework Agreement
7.1 If the Authority an I-Flair Member or any Other Contracting Body (both “a Contracting Body”) decides to source Services through this the Framework Agreement then it may through its own procedures make awards for:may:-
7.1.1 its award Standard Services requirements in accordance with the terms laid down in this Framework Agreement without re-opening reopening competition;; or
7.1.2 its award Competed Services requirements (where all the terms are not laid out in this Framework Agreement) following a mini-competitioncompetition conducted in accordance with the requirements of the Regulations and the Guidance.
7.2 Any Contracting Body ordering Standard Services under this the Framework Agreement shall:without re- opening competition shall:-
7.2.1 identify the relevant Services Framework Lot to which the Standard Services requirement appliesrequirements fall into;
7.2.2 apply identify which of the relevant Pricing Matrix for each Provider appointed to Standard Services within that Services Framework LotLot that it requires and the quantity of those Standard Services;
7.2.3 in relation to each Services Framework Contractor appointed under the relevant Services Framework Lot apply the Standard Services Award Criteria to the information set out under the relevant framework agreement at Part A of Schedule Part 1 (Services and Lots) and in Schedule 3 (Pricing Matrices) in so far as that information relates to the Standard Services that the Contracting Body requires;
7.2.4 award the its Standard Services requirement to the Provider Services Framework Contractor who provides obtains the best price for highest score using the relevant ServicesStandard Services Award Criteria;
7.2.4 7.2.5 place an Order with the successful Provider which: • Services Framework Contractor which:-
(a) states the requirements for the Services; • Standard Services requirements;
(b) identifies the Services Framework Lot to in which the award applies; • is made;
(c) states the price payable for the Standard Services requirements in accordance with the Price Matrix applicable to for the relevant Services Framework Lot; and • and
(d) incorporates the Call-Off Terms and Conditions.
7.3 If the Standard Services are required urgently, the Contracting Body’s authorised officer may verbally request that the Provider undertakes the relevant Services, and a Call-Off Contract for Standard Services shall be formed upon the Provider’s verbal acceptance. Where the Provider accepts the offer of a Call-Off Contract, the Contracting Body shall follow up the verbal offer and acceptance by sending the Provider an Order as soon as possible thereafter and in any event within two (2) Working Days as confirmation that a Call-Off Contract has been formed, such confirmation to include the date of contract formation and the people making the verbal offer and acceptance. The Provider acknowledges and agrees that a Contracting Body may deem that any person who verbally accepts an offer of a Call-Off Contract on behalf of the Provider pursuant to this Clause 7.3 has authority to make such acceptance. Accepting and Declining Orders for Standard Services
7.4 Following receipt of an Order for Standard Services, the Provider shall within such timescale as specified by the Contracting Body acknowledge receipt of the Order and notify the relevant Contracting Body in writing that it accepts the Order and, if stated in the Order, by signing and
7.5 The offer from the Contracting Body to the Provider made pursuant to Clause 7.4 shall lapse and the relevant Contracting Body may offer that Order to the Provider with next best price in accordance with the Standard Services Award Criteria if the Provider:
7.5.1 notifies the Contracting Body that it declines to accept the Order; or
7.5.2 the time-limit referred to in Clause 7.4 has expired;
7.6 The Provider shall inform the Contracting Body of the reasons for declining to accept an Order (whether made verbally or in writing pursuant to Clause 7.4) and the Provider’s decision for declining the Order shall be reasonable.
7.7 The Provider in agreeing to accept such an Order pursuant to Clause 7.4 above shall enter a Call-Off Contract with the relevant Contracting Body for the provision of Standard Services referred to in that Order.
7.8 A Call-Off Contract for Standard Services shall be formed on the Contracting Body's receipt of written confirmation from the Provider pursuant to Clause 7.4, save that where there has been verbal acceptance of an Order pursuant to Clause 7.3 a Call-Off Contract for Standard Services shall be formed upon the Provider’s verbal acceptance.
7.9 If the Provider declines Orders for Standard Services on a regular basis, without good reason (and provision to an inconvenient location shall not constitute a good reason), then the Authority shall have a right to suspend the Provider’s appointment to this Framework Agreement in accordance with the provisions of Clause 21. Competed Services (awards following mini-competitions)
7.10 Any Contracting Body requiring ordering Competed Services under this the Framework Agreement shall:shall:-
7.10.1 7.3.1 identify the relevant Services Framework Lot to which its Competed Services requirements fall into;
7.3.2 identify the Services Framework Contractors capable of performing the Call-Off Contract for the Competed Services requirements applyrequirements;
7.10.2 identify 7.3.3 supplement and refine the Providers Call-Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance;
7.3.4 invite tenders by conducting a mini-competition for its Competed Services requirements in accordance with the Regulations and Guidance and in particular:-
(a) consult in writing the Services Framework Contractors capable of performing the Call-Off Contract for the Competed Services requirements as appropriate;
7.10.3 where it considers that TUPE is likely to apply, use reasonable endeavours to require the incumbent provider(s) to supply employee liability information pursuant to TUPE and include any information received from the incumbent provider in the information supplied to Providers participating in the mini-competition;
7.10.4 supplement and refine the Call-Off Terms and Conditions and Service Specifications as appropriate;
7.10.5 invite tenders by conducting a mini-competition for its Competed Services requirements and in particular: • notify in writing those Providers capable of performing the Call-Off Contract for the required Services and invite them within a specified time limit to submit a tender in writing for each specific contract to be awarded; • ;
(b) set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and • and
(c) keep each tender confidential until the expiry of the time limit for the receipt by it of tenders;
7.10.6 7.3.5 apply the Competed Services Award Criteria to the Providers' Services Framework Contractors’ compliant tenders submitted pursuant through the mini-competition as the basis of its decision to Clause 7.10.5 and, to the extent indicated by its application of the Competed Services Award Criteria, award a Call-Off Contract for the its Competed Services requirementrequirements; and
7.10.7 7.3.6 award the its Competed Services requirement requirements by placing an Order with the successful Provider which: • Services Framework Contractor which:-
(a) states the requirement for Services; • Competed Services requirements;
(b) identifies the Services Framework Lot(s) to Lot or Services Framework Lots for which the award applies; • is made;
(c) states the price payable for the Competed Services requirements in accordance with the tender submitted by the successful ProviderServices Framework Contractor; • and
(d) incorporates the Service Specifications and the Call-Off Terms and Conditions applicable to that Services Framework Lot as modified by the specific requirements of the ServicesCompeted Services requirements.
7.11 Following receipt by the Provider of an Order from the Contracting Body, the Provider shall notify the relevant Contracting Body in writing that it accepts the Order and, if stated in the Order, by signing and returning the Order Form. A Call-Off Contract for the Competed Services tendered pursuant to the provisions of Clause 7.10 shall be formed upon receipt by the Contracting Body of either the Provider’s written acceptance or, where an Order Form signed by the Provider is required, the Order Form so signed.
7.12 7.4 The Provider acknowledges that it must satisfy itself as to whether or not TUPE will apply, which may include seeking independent legal advice with respect to the application or otherwise of TUPE.
7.13 The Provider Contractor agrees that all tenders submitted by the Provider for Competed Services Contractor in relation to a mini-competition held pursuant to this Clause 7 shall remain open for acceptance for thirty (30) days (or such other period specified in the invitation to tender issued by the relevant Contracting Body in accordance with the Ordering Procedure).
7.14 If 7.5 Notwithstanding the Provider regularly refuses, without good reason, to respond to an invitation to a mini- competition held pursuant to fact that the Contracting Body has followed the procedure set out above in this Clause 7 then 7, the Authority Contracting Body shall have a right be entitled at all times to suspend the Provider’s appointment decline to make an award for its Services requirements. Nothing in this Framework Agreement in accordance with the provisions of Clause 21shall oblige any Contracting Body to place any Order for Services.
7.15 The Authority shall produce and publish a detailed operational Call-off Procedure that shall from time to time be revised and such revisions shall be reasonable.
Appears in 1 contract
Samples: Framework Agreement
Award Procedures. Awards under this the Framework Agreement
7.1 If the Authority an I-Flair Member or any Other Contracting Body (both “a Contracting Body”) decides to source Services through this the Framework Agreement then it may through its own procedures make awards for:may:-
7.1.1 its award Standard Services requirements in accordance with the terms laid down in this Framework Agreement without re-opening reopening competition;; or
7.1.2 its award Competed Services requirements (where all the terms are not laid out in this Framework Agreement) following a mini-competitioncompetition conducted in accordance with the requirements of the Regulations and the Guidance.
7.2 Any Contracting Body ordering Standard Services under this the Framework Agreement shall:without re- opening competition shall:-
7.2.1 identify the relevant Services Framework Lot to which the Standard Services requirement appliesrequirements fall into;
7.2.2 apply identify which of the relevant Pricing Matrix for each Provider appointed to Standard Services within that Services Framework LotLot that it requires and the quantity of those Standard Services;
7.2.3 in relation to each Services Framework Contractor appointed under the relevant Services Framework Lot apply the Standard Services Award Criteria to the information set out under the relevant framework agreement at Part A of Schedule Part 1 (Services and Lots) and in Schedule 3 (Pricing Matrices) in so far as that information relates to the Standard Services that the Contracting Body requires;
7.2.4 award the its Standard Services requirement to the Provider Services Framework Contractor who provides obtains the best price for highest score using the relevant ServicesStandard Services Award Criteria;
7.2.4 7.2.5 place an Order with the successful Provider which: • Services Framework Contractor which:-
(a) states the requirements for the Services; • Standard Services requirements;
(b) identifies the Services Framework Lot to in which the award applies; • is made;
(c) states the price payable for the Standard Services requirements in accordance with the Price Matrix applicable to for the relevant Services Framework Lot; and • and
(d) incorporates the Call-Off Terms and Conditions.
7.3 If the Standard Services are required urgently, the Contracting Body’s authorised officer may verbally request provided always that the Provider undertakes terms of this Clause 7.2 shall not apply in relation to the relevant Services, Contractor and a Call-Off Contract for Standard Services shall be formed upon the Provider’s verbal acceptance. Where the Provider accepts the offer of a Call-Off Contract, the Contracting Body shall follow up not be required to place any Order with the verbal offer and acceptance by sending the Provider an Order as soon as possible thereafter and Contractor in terms of this Clause 7.2: in any event within two (2) Working Days as confirmation that a Call-Off Contract period during which the Contractor’s appointment under this Framework Agreement has been formed, such confirmation to include the date of contract formation and the people making the verbal offer and acceptance. The Provider acknowledges and agrees that a Contracting Body may deem that any person who verbally accepts an offer of a Call-Off Contract on behalf of the Provider pursuant to this Clause 7.3 has authority to make such acceptance. Accepting and Declining Orders for Standard Services
7.4 Following receipt of an Order for Standard Services, the Provider shall within such timescale as specified by the Contracting Body acknowledge receipt of the Order and notify the relevant Contracting Body in writing that it accepts the Order and, if stated in the Order, by signing and
7.5 The offer from the Contracting Body to the Provider made pursuant to Clause 7.4 shall lapse and the relevant Contracting Body may offer that Order to the Provider with next best price suspended in accordance with the Standard Services Award Criteria terms of Clause 23; in the event that any of the circumstances in Clause 22.3 apply in respect of the Contractor; if the Provider:
7.5.1 notifies the Contracting Body that it declines Contractor has failed to accept the Order; or
7.5.2 the time-limit referred to in Clause 7.4 has expired;
7.6 The Provider shall inform the Contracting Body of the reasons for declining to accept an Order (whether made verbally or in writing pursuant to Clause 7.4) and the Provider’s decision for declining the Order shall be reasonable.
7.7 The Provider in agreeing to accept such an Order pursuant to Clause 7.4 above shall enter a Call-Off Contract with the relevant Contracting Body for the provision of Standard Services referred to in that Order.
7.8 A Call-Off Contract for Standard Services shall be formed on the Contracting Body's receipt of written confirmation from the Provider pursuant to Clause 7.4, save that where there has been verbal acceptance of an Order pursuant to Clause 7.3 a Call-Off Contract for Standard Services shall be formed upon the Provider’s verbal acceptance.
7.9 If the Provider declines Orders for Standard Services on a regular basis, without good reason (and provision to an inconvenient location shall not constitute a good reason), then the Authority shall have a right to suspend the Provider’s appointment to execute this Framework Agreement on or before the Commencement Date; or if the Contractor undergoes a Change of Control (as defined in accordance with the provisions of Clause 21. Competed Services (awards following mini-competitions)22.4) without Approval.
7.10 7.3 Any Contracting Body requiring ordering Competed Services under this the Framework Agreement shall:shall:-
7.10.1 7.3.1 identify the relevant Services Framework Lot to which its Competed Services requirements fall into;
7.3.2 identify the Services Framework Contractors capable of performing the Call-Off Contract for the Competed Services requirements applyrequirements;
7.10.2 identify 7.3.3 supplement and refine the Providers Call-Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance;
7.3.4 invite tenders by conducting a mini-competition for its Competed Services requirements in accordance with the Regulations and Guidance and in particular:-
(a) consult in writing the Services Framework Contractors capable of performing the Call-Off Contract for the Competed Services requirements as appropriate;
7.10.3 where it considers that TUPE is likely to apply, use reasonable endeavours to require the incumbent provider(s) to supply employee liability information pursuant to TUPE and include any information received from the incumbent provider in the information supplied to Providers participating in the mini-competition;
7.10.4 supplement and refine the Call-Off Terms and Conditions and Service Specifications as appropriate;
7.10.5 invite tenders by conducting a mini-competition for its Competed Services requirements and in particular: • notify in writing those Providers capable of performing the Call-Off Contract for the required Services and invite them within a specified time limit to submit a tender in writing for each specific contract to be awarded; • ;
(b) set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and • and
(c) keep each tender confidential until the expiry of the time limit for the receipt by it of tenders;
7.10.6 7.3.5 apply the Competed Services Award Criteria to the Providers' Services Framework Contractors’ compliant tenders submitted pursuant through the mini-competition as the basis of its decision to Clause 7.10.5 and, to the extent indicated by its application of the Competed Services Award Criteria, award a Call-Off Contract for the its Competed Services requirementrequirements; and
7.10.7 7.3.6 award the its Competed Services requirement requirements by placing an Order with the successful Provider which: • Services Framework Contractor which:-
(a) states the requirement for Services; • Competed Services requirements;
(b) identifies the Services Framework Lot(s) to Lot or Services Framework Lots for which the award applies; • is made;
(c) states the price payable for the Competed Services requirements in accordance with the tender submitted by the successful ProviderServices Framework Contractor; • and
(d) incorporates the Service Specifications and the Call-Off Terms and Conditions applicable to that Services Framework Lot as modified by the specific requirements of the ServicesCompeted Services requirements.
7.11 Following receipt by the Provider of an Order from the Contracting Body, the Provider shall notify the relevant Contracting Body in writing that it accepts the Order and, if stated in the Order, by signing and returning the Order Form. A Call-Off Contract for the Competed Services tendered pursuant to the provisions of Clause 7.10 shall be formed upon receipt by the Contracting Body of either the Provider’s written acceptance or, where an Order Form signed by the Provider is required, the Order Form so signed.
7.12 7.4 The Provider acknowledges that it must satisfy itself as to whether or not TUPE will apply, which may include seeking independent legal advice with respect to the application or otherwise of TUPE.
7.13 The Provider Contractor agrees that all tenders submitted by the Provider for Competed Services Contractor in relation to a mini-competition held pursuant to this Clause 7 shall remain open for acceptance for thirty ninety (3090) days (or such other period specified in the invitation to tender issued by the relevant Contracting Body in accordance with the Ordering Procedure).
7.14 If 7.5 Notwithstanding the Provider regularly refuses, without good reason, to respond to an invitation to a mini- competition held pursuant to fact that the Contracting Body has followed the procedure set out above in this Clause 7 then 7, the Authority Contracting Body shall have a right be entitled at all times to suspend the Provider’s appointment decline to make an award for its Services requirements. Nothing in this Framework Agreement shall oblige any Contracting Body to place any Order for Services.
7.6 The Contractor shall not be entitled to participate in any mini-competition for Competed Services requirements in terms of Clause 7.3 and a Contracting Body shall not be required to place any Order with the Contractor in terms of Clause 7.3: in any period during which the Contractor’s appointment under this Framework Agreement has been suspended in accordance with the provisions terms of Clause 2123; in the event that any of the circumstances in Clause 22.3 apply in respect of the Contractor; if the Contractor has failed to execute this Framework Agreement on or before the Commencement Date; or if the Contractor undergoes a Change of Control (as defined in Clause 22.4) without Approval.
7.15 The Authority shall produce and publish a detailed operational Call-off Procedure that shall from time to time be revised and such revisions shall be reasonable.
Appears in 1 contract
Samples: Framework Agreement
Award Procedures. Awards under this the Framework Agreement
7.1 If the Authority an I-Flair Member or any Other Contracting Body (both “a Contracting Body”) decides to source Services through this the Framework Agreement then it may through its own procedures make awards for:may:-
7.1.1 its award Standard Services requirements in accordance with the terms laid down in this Framework Agreement without re-opening reopening competition;; or
7.1.2 its award Competed Services requirements (where all the terms are not laid out in this Framework Agreement) following a mini-competitioncompetition conducted in accordance with the requirements of the Regulations and the Guidance.
7.2 Any Contracting Body ordering Standard Services under this the Framework Agreement shall:without re- opening competition shall:-
7.2.1 identify the relevant Services Framework Lot to which the Standard Services requirement appliesrequirements fall into;
7.2.2 apply identify which of the relevant Pricing Matrix for each Provider appointed to Standard Services within that Services Framework LotLot that it requires and the quantity of those Standard Services;
7.2.3 in relation to each Services Framework Contractor appointed under the relevant Services Framework Lot apply the Standard Services Award Criteria to the information set out under the relevant framework agreement at Part A of Schedule Part 1 (Services and Lots) and in Schedule 3 (Pricing Matrices) in so far as that information relates to the Standard Services that the Contracting Body requires;
7.2.4 award the its Standard Services requirement to the Provider Services Framework Contractor who provides obtains the best price for highest score using the relevant ServicesStandard Services Award Criteria;
7.2.4 7.2.5 place an Order with the successful Provider which: • Services Framework Contractor which:-
(a) states the requirements for the Services; • Standard Services requirements;
(b) identifies the Services Framework Lot to in which the award applies; • is made;
(c) states the price payable for the Standard Services requirements in accordance with the Price Matrix applicable to for the relevant Services Framework Lot; and • and
(d) incorporates the Call-Off Terms and Conditions.
7.3 If the Standard Services are required urgently, the Contracting Body’s authorised officer may verbally request provided always that the Provider undertakes terms of this Clause 7.2 shall not apply in relation to the relevant Services, Contractor and a Call-Off Contract for Standard Services shall be formed upon the Provider’s verbal acceptance. Where the Provider accepts the offer of a Call-Off Contract, the Contracting Body shall follow up not be required to place any Order with the verbal offer and acceptance by sending the Provider an Order as soon as possible thereafter and Contractor in terms of this Clause 7.2: in any event within two (2) Working Days as confirmation that a Call-Off Contract period during which the Contractor‟s appointment under this Framework Agreement has been formed, such confirmation to include the date of contract formation and the people making the verbal offer and acceptance. The Provider acknowledges and agrees that a Contracting Body may deem that any person who verbally accepts an offer of a Call-Off Contract on behalf of the Provider pursuant to this Clause 7.3 has authority to make such acceptance. Accepting and Declining Orders for Standard Services
7.4 Following receipt of an Order for Standard Services, the Provider shall within such timescale as specified by the Contracting Body acknowledge receipt of the Order and notify the relevant Contracting Body in writing that it accepts the Order and, if stated in the Order, by signing and
7.5 The offer from the Contracting Body to the Provider made pursuant to Clause 7.4 shall lapse and the relevant Contracting Body may offer that Order to the Provider with next best price suspended in accordance with the Standard Services Award Criteria terms of Clause 23; in the event that any of the circumstances in Clause 22.3 apply in respect of the Contractor; if the Provider:
7.5.1 notifies the Contracting Body that it declines Contractor has failed to accept the Order; or
7.5.2 the time-limit referred to in Clause 7.4 has expired;
7.6 The Provider shall inform the Contracting Body of the reasons for declining to accept an Order (whether made verbally or in writing pursuant to Clause 7.4) and the Provider’s decision for declining the Order shall be reasonable.
7.7 The Provider in agreeing to accept such an Order pursuant to Clause 7.4 above shall enter a Call-Off Contract with the relevant Contracting Body for the provision of Standard Services referred to in that Order.
7.8 A Call-Off Contract for Standard Services shall be formed on the Contracting Body's receipt of written confirmation from the Provider pursuant to Clause 7.4, save that where there has been verbal acceptance of an Order pursuant to Clause 7.3 a Call-Off Contract for Standard Services shall be formed upon the Provider’s verbal acceptance.
7.9 If the Provider declines Orders for Standard Services on a regular basis, without good reason (and provision to an inconvenient location shall not constitute a good reason), then the Authority shall have a right to suspend the Provider’s appointment to execute this Framework Agreement on or before the Commencement Date; or if the Contractor undergoes a Change of Control (as defined in accordance with the provisions of Clause 21. Competed Services (awards following mini-competitions)22.4) without Approval.
7.10 7.3 Any Contracting Body requiring ordering Competed Services under this the Framework Agreement shall:shall:-
7.10.1 7.3.1 identify the relevant Services Framework Lot to which its Competed Services requirements fall into;
7.3.2 identify the Services Framework Contractors capable of performing the Call-Off Contract for the Competed Services requirements applyrequirements;
7.10.2 identify 7.3.3 supplement and refine the Providers Call-Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance;
7.3.4 invite tenders by conducting a mini-competition for its Competed Services requirements in accordance with the Regulations and Guidance and in particular:-
(a) consult in writing the Services Framework Contractors capable of performing the Call-Off Contract for the Competed Services requirements as appropriate;
7.10.3 where it considers that TUPE is likely to apply, use reasonable endeavours to require the incumbent provider(s) to supply employee liability information pursuant to TUPE and include any information received from the incumbent provider in the information supplied to Providers participating in the mini-competition;
7.10.4 supplement and refine the Call-Off Terms and Conditions and Service Specifications as appropriate;
7.10.5 invite tenders by conducting a mini-competition for its Competed Services requirements and in particular: • notify in writing those Providers capable of performing the Call-Off Contract for the required Services and invite them within a specified time limit to submit a tender in writing for each specific contract to be awarded; • ;
(b) set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and • and
(c) keep each tender confidential until the expiry of the time limit for the receipt by it of tenders;
7.10.6 7.3.5 apply the Competed Services Award Criteria to the Providers' Services Framework Contractors‟ compliant tenders submitted pursuant through the mini-competition as the basis of its decision to Clause 7.10.5 and, to the extent indicated by its application of the Competed Services Award Criteria, award a Call-Off Contract for the its Competed Services requirementrequirements; and
7.10.7 7.3.6 award the its Competed Services requirement requirements by placing an Order with the successful Provider which: • Services Framework Contractor which:-
(a) states the requirement for Services; • Competed Services requirements;
(b) identifies the Services Framework Lot(s) to Lot or Services Framework Lots for which the award applies; • is made;
(c) states the price payable for the Competed Services requirements in accordance with the tender submitted by the successful ProviderServices Framework Contractor; • and
(d) incorporates the Service Specifications and the Call-Off Terms and Conditions applicable to that Services Framework Lot as modified by the specific requirements of the ServicesCompeted Services requirements.
7.11 Following receipt by the Provider of an Order from the Contracting Body, the Provider shall notify the relevant Contracting Body in writing that it accepts the Order and, if stated in the Order, by signing and returning the Order Form. A Call-Off Contract for the Competed Services tendered pursuant to the provisions of Clause 7.10 shall be formed upon receipt by the Contracting Body of either the Provider’s written acceptance or, where an Order Form signed by the Provider is required, the Order Form so signed.
7.12 7.4 The Provider acknowledges that it must satisfy itself as to whether or not TUPE will apply, which may include seeking independent legal advice with respect to the application or otherwise of TUPE.
7.13 The Provider Contractor agrees that all tenders submitted by the Provider for Competed Services Contractor in relation to a mini-competition held pursuant to this Clause 7 shall remain open for acceptance for thirty ninety (3090) days (or such other period specified in the invitation to tender issued by the relevant Contracting Body in accordance with the Ordering Procedure).
7.14 If 7.5 Notwithstanding the Provider regularly refuses, without good reason, to respond to an invitation to a mini- competition held pursuant to fact that the Contracting Body has followed the procedure set out above in this Clause 7 then 7, the Authority Contracting Body shall have a right be entitled at all times to suspend the Provider’s appointment decline to make an award for its Services requirements. Nothing in this Framework Agreement shall oblige any Contracting Body to place any Order for Services.
7.6 The Contractor shall not be entitled to participate in any mini-competition for Competed Services requirements in terms of Clause 7.3 and a Contracting Body shall not be required to place any Order with the Contractor in terms of Clause 7.3: in any period during which the Contractor‟s appointment under this Framework Agreement has been suspended in accordance with the provisions terms of Clause 2123; in the event that any of the circumstances in Clause 22.3 apply in respect of the Contractor; if the Contractor has failed to execute this Framework Agreement on or before the Commencement Date; or if the Contractor undergoes a Change of Control (as defined in Clause 22.4) without Approval.
7.15 The Authority shall produce and publish a detailed operational Call-off Procedure that shall from time to time be revised and such revisions shall be reasonable.
Appears in 1 contract
Samples: Framework Agreement
Award Procedures. Awards under this the Framework Agreement
7.1 If the Authority or any Other Contracting Body (both “a Contracting Body”) Landscope Mauritius Ltd decides to source Services allocate Works through this the Framework Agreement then it may through its own procedures make awards for:
7.1.1 award its Standard Services Works requirements in accordance with the terms laid down in this Framework Agreement without re-opening competition;
7.1.2 its Competed Services requirements (where all Agreement. Selection of the terms are not laid out in this Framework Agreement) following a mini-competitioncontractor will be done among the three selected contractor for each lot based on the lowest evaluated price.
7.2 Any Contracting Body In the eventuality that the proposed standard works comprise of items of work which are not listed in the schedule of rates, the Landscope Mauritius Ltd may seek a quotation for the said items of work from the contractors selected for the lot giving them all the particulars of the works items within a set time frame. The Landscope Mauritius Ltd will then use the rates quoted along with the rates for the other items in the call-off exercise in order to determine the best evaluated price for awarding the call-off and also for any other works in the said district comprising this item. When ordering Standard Services Works under this the Framework Agreement shall:the Landscope Mauritius Ltd shall:-
7.2.1 identify the relevant Services Works Framework Lot to lots(s) which the its Standard Services requirement appliesWorks requirements fall into;
7.2.2 apply the Standard Works Award Criteria to the information set out in Schedule 2 (Works and Lots) and Schedule 3 (Schedule of Rates) in relation to each Works Framework Contractor appointed under the relevant Pricing Matrix for each Provider appointed to that Services Works Framework Lot;.
7.2.3 award the its Standard Works requirement to the Provider who provides Works Framework Contractor whose rates result into the best lowest price for the relevant Servicesworks using the Standard Works Award Criteria;
7.2.4 place an Order with the successful Provider which: • Works Framework Contractor which:-
1. states the requirements for the Services; • Standard Works requirements;
2. identifies the Services Works Framework Lot to in which the award applies; • is made;
3. states the price payable for the Services Standard Works requirements in accordance with the Price Matrix Schedule of Rates applicable to for the relevant Services Works Framework Lot; and • and
4. incorporates the Call-Off Terms and Conditions.
7.3 If Notwithstanding the Standard Services are required urgentlyfact that the Contracting entity has followed the procedure set out above in this Clause 7, the Contracting Body’s authorised officer may verbally request that the Provider undertakes the relevant Services, and a Call-Off Contract for Standard Services entity shall be formed upon the Provider’s verbal acceptance. Where the Provider accepts the offer of a Call-Off Contract, the Contracting Body shall follow up the verbal offer and acceptance by sending the Provider an Order as soon as possible thereafter and in any event within two (2) Working Days as confirmation that a Call-Off Contract has been formed, such confirmation entitled at all times to include the date of contract formation and the people making the verbal offer and acceptance. The Provider acknowledges and agrees that a Contracting Body may deem that any person who verbally accepts an offer of a Call-Off Contract on behalf of the Provider pursuant to this Clause 7.3 has authority decline to make such acceptancean award for its Services requirements. Accepting and Declining Orders for Standard Services
7.4 Following receipt of an Order for Standard Services, the Provider shall within such timescale as specified by the Contracting Body acknowledge receipt of the Order and notify the relevant Contracting Body Nothing in writing that it accepts the Order and, if stated in the Order, by signing and
7.5 The offer from the Contracting Body to the Provider made pursuant to Clause 7.4 shall lapse and the relevant Contracting Body may offer that Order to the Provider with next best price in accordance with the Standard Services Award Criteria if the Provider:
7.5.1 notifies the Contracting Body that it declines to accept the Order; or
7.5.2 the time-limit referred to in Clause 7.4 has expired;
7.6 The Provider shall inform the Contracting Body of the reasons for declining to accept an Order (whether made verbally or in writing pursuant to Clause 7.4) and the Provider’s decision for declining the Order shall be reasonable.
7.7 The Provider in agreeing to accept such an Order pursuant to Clause 7.4 above shall enter a Call-Off Contract with the relevant Contracting Body for the provision of Standard Services referred to in that Order.
7.8 A Call-Off Contract for Standard Services shall be formed on the Contracting Body's receipt of written confirmation from the Provider pursuant to Clause 7.4, save that where there has been verbal acceptance of an Order pursuant to Clause 7.3 a Call-Off Contract for Standard Services shall be formed upon the Provider’s verbal acceptance.
7.9 If the Provider declines Orders for Standard Services on a regular basis, without good reason (and provision to an inconvenient location shall not constitute a good reason), then the Authority shall have a right to suspend the Provider’s appointment to this Framework Agreement in accordance with shall oblige the provisions of Clause 21. Competed Services (awards following mini-competitions)
7.10 Any Contracting Body requiring Competed Services under this Framework Agreement shall:
7.10.1 identify the relevant Services Framework Lot entity to which the Competed Services requirements apply;
7.10.2 identify the Providers capable of performing the Call-Off Contract for the Competed Services requirements as appropriate;
7.10.3 where it considers that TUPE is likely to apply, use reasonable endeavours to require the incumbent provider(s) to supply employee liability information pursuant to TUPE and include place any information received from the incumbent provider in the information supplied to Providers participating in the mini-competition;
7.10.4 supplement and refine the Call-Off Terms and Conditions and Service Specifications as appropriate;
7.10.5 invite tenders by conducting a mini-competition for its Competed Services requirements and in particular: • notify in writing those Providers capable of performing the Call-Off Contract for the required Services and invite them within a specified time limit to submit a tender in writing for each specific contract to be awarded; • set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and • keep each tender confidential until the expiry of the time limit for the receipt by it of tenders;
7.10.6 apply the Competed Services Award Criteria to the Providers' compliant tenders submitted pursuant to Clause 7.10.5 and, to the extent indicated by its application of the Competed Services Award Criteria, award a Call-Off Contract for the Competed Services requirement; and
7.10.7 award the Competed Services requirement by placing an Order with the successful Provider which: • states the requirement for Services; • identifies the Services Framework Lot(s) to which the award applies; • states the price payable for the Services in accordance with the tender submitted by the successful Provider; • incorporates the Service Specifications and the Call-Off Terms and Conditions applicable to that Services Framework Lot as modified by the specific requirements of the Services.
7.11 Following receipt by the Provider of an Order from the Contracting Body, the Provider shall notify the relevant Contracting Body in writing that it accepts the Order and, if stated in the Order, by signing and returning the Order Form. A Call-Off Contract for the Competed Services tendered pursuant to the provisions of Clause 7.10 shall be formed upon receipt by the Contracting Body of either the Provider’s written acceptance or, where an Order Form signed by the Provider is required, the Order Form so signed.
7.12 The Provider acknowledges that it must satisfy itself as to whether or not TUPE will apply, which may include seeking independent legal advice with respect to the application or otherwise of TUPE.
7.13 The Provider agrees that all tenders submitted by the Provider for Competed Services shall remain open for acceptance for thirty (30) days (or such other period specified in the invitation to tender issued by the relevant Contracting Body in accordance with the Ordering Procedure).
7.14 If the Provider regularly refuses, without good reason, to respond to an invitation to a mini- competition held pursuant to this Clause 7 then the Authority shall have a right to suspend the Provider’s appointment to this Framework Agreement in accordance with the provisions of Clause 21.
7.15 The Authority shall produce and publish a detailed operational Call-off Procedure that shall from time to time be revised and such revisions shall be reasonable.
Appears in 1 contract
Samples: Framework Agreement
