Common use of Award Procedures Clause in Contracts

Award Procedures. 4.1 If the Authority or Other Authority decides to source Services through the Agreement, then it shall satisfy its requirements for Services by awarding a Contract in the terms set out at Schedule 2A following a further-competition conducted in accordance with the requirements of clause 4.2 4.2 When ordering Services under the Agreement the Authority or Other Authority shall: (a) identify the DPS Providers capable of providing the Services; (b) supplement and refine the Call-off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (in which case it shall notify DPS Providers accordingly); (c) invite tenders by conducting a further-competition by way of email or e-auction by issuing an Order Form for its Services requirements in accordance with the Regulations and in particular: (i) consult in writing the DPS Providers capable of performing the Contract for the Services requirements; (ii) set a tendering period for the receipt of the bids which takes into account factors such as the complexity of the subject matter of the Contract and the time needed to submit tenders; and (iii) keep each response to the Order Form unopened on the portal (or e-mail inbox as the case may be) and confidential until the expiry of the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions); (d) apply the Services Award Criteria to any compliant bid submitted through the further-competition; and (e) subject to clause 4.4 place an Order with the successful DPS Provider. 4.3 The Supplier agrees that all bids submitted by it in relation to a further- competition held pursuant to this clause 0 shall remain open for acceptance for six Months (or such other period specified in the invitation to tender issued by the Authority or Other Authority in accordance with this clause 0). 4.4 Notwithstanding the fact that the Authority or Other Authority has followed the procedure set out above for Services, the Authority may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contract. Nothing in this Agreement shall oblige the Authority or Other Authority to place any Order for Services. 4.5 In the event that the Authority wishes to place an Order for Services that are required urgently then the Authority may seek tenders from Suppliers without adhering to the full procedure and/or time-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach of the Regulations).

Award Procedures. 4.1 If the Authority or Other Authority decides to source Services through the Agreement, Framework Agreement then it shall satisfy its requirements for Services by awarding a Contract in the terms set out at Schedule 2A following a furthermini-competition conducted in accordance with the requirements of clause 4.2 4.2 When ordering Services under the Framework Agreement the Authority or Other Authority shall: (a) identify the DPS Framework Providers capable of providing the Services; (b) supplement and refine the Call-off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (in which case it shall notify DPS Framework Providers accordingly); (c) invite tenders by conducting a furthermini-competition by way of email or e-e- auction by issuing an Order Form for its Services requirements in accordance with the Regulations and in particular: (i) consult in writing the DPS Framework Providers capable of performing the Contract for the Services requirements; (ii) set a tendering period for the receipt of the bids which takes into account factors such as the complexity of the subject matter of the Contract and the time needed to submit tenders; and (iii) keep each response to the Order Form unopened on the portal (or e-mail inbox as the case may be) and bid confidential until the expiry of the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions)Tenders; (d) apply the Services Award Criteria to any compliant bid submitted through the furthermini-competition; and (e) subject to clause 4.4 place an Order with the successful DPS Framework Provider. 4.3 The Supplier agrees that all bids submitted by it in relation to a further- mini- competition held pursuant to this clause 0 4 shall remain open for acceptance for six Months (or such other period specified in the invitation to tender issued by the Authority or Other Authority in accordance with this clause 04). 4.4 Notwithstanding the fact that the Authority or Other Authority has followed the procedure set out above for Services, the Authority may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contract. Nothing in this Framework Agreement shall oblige the Authority or Other Authority to place any Order for Services. 4.5 In the event that the Authority wishes to place an Order for Services that are required urgently then the Authority may seek tenders from Suppliers without adhering to the full procedure and/or time-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach of the Regulations).

Award Procedures. 4.1 If Awards under the Framework Agreement Direct Awards 6.1 Where the Invitation to Quote allows for a Contracting Authority or Other to award without re-opening competition (a direct award) a Contracting Authority decides to source Services through shall, when ordering Services:- 6.1.1 identify the Agreement, then it shall satisfy its requirements for Services by awarding a Contract in relevant Services; 6.1.2 (where there is more than one Contractor) select the terms set out at Schedule 2A following a further-competition conducted Contractor in accordance with the requirements method set out in the Invitation to Quote, or where the Invitation to Quote does not specify a selection method, identify the Contractor who offers best value for money for those Services on the basis of clause 4.2the price(s) submitted by the Contractor in its Quote and who is able to fulfil the Order within the time specified; 4.2 When ordering Services under 6.1.3 (subject to 6.2 below) place an Order with the Agreement the Authority or Other Authority shall:successful Contractor which:- (a) identify states the DPS Providers capable of providing requirements; (b) identifies the Services; (bc) states the price payable in accordance with the Quote submitted by the successful Contractor; and (d) incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed under the Framework (or under the relevant Lot) and the Invitation to Quote so specifies, a Contracting Authority shall, prior to placing an Order: 6.2.1 identify the Contractors capable of performing the Call-Off Contract for the Contracting Authority’s requirements; 6.2.2 supplement and refine the Call-off Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (in which case it shall notify DPS Providers accordingly)where applicable; (c) 6.2.3 invite tenders quotes by conducting a furthermini-competition by way of email or e-auction by issuing an Order Form for its Services requirements in accordance with the Invitation to Quote, the Regulations and Guidance where applicable and in particular: (ia) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; (b) consult in writing all the DPS Providers Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a quote in writing for the Services requirementseach specific contract to be awarded; (iic) set a tendering period time limit for the receipt by it of the bids which takes into account factors such as the complexity of the subject matter of the Contract and the time needed to submit tendersquotes; and (iiid) keep each response to the Order Form unopened on the portal (or e-mail inbox as the case may be) and quote confidential until the expiry of the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions);quotes. (d) 6.2.4 apply the Services Call-Off Award Criteria Criteria, including where relevant in any pricing the consideration of any and all additional cost(s) to any the Contracting Authority, to the Contractors’ compliant bid quotes submitted through the furthermini-competition; and (e) subject competition as the basis of its decision to clause 4.4 place an Order with the successful DPS Provideraward a Call-Off Contract for its requirements. 4.3 6.3 The Supplier Contractor agrees that all bids quotes submitted by it the Contractor in relation to a further- mini-competition held pursuant to this clause 0 Clause 6.2 shall remain open for acceptance for six Months ninety (90) days (or such other period specified in the invitation to tender issued by the Authority or Other a Contracting Authority in accordance with this clause 0the Ordering Procedure). 4.4 6.4 Notwithstanding the fact that the Authority or Other a Contracting Authority has followed the procedure set out above for Servicesin this Clause 6, the a Contracting Authority may cancel, postpone, delay or end the procedure without placing shall be entitled at all times to decline to make an Order for Services or awarding a Contractaward. Nothing in this Framework Agreement shall oblige the Authority Council or Other any Contracting Authority to place any Order for ServicesOrder. 4.5 In the event that the Authority wishes to place an Order for Services that are required urgently then the Authority may seek tenders from Suppliers without adhering to the full procedure and/or time-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach of the Regulations).

Award Procedures. 4.1 If Awards under the Framework Agreement Direct Awards 6.1 Where the Invitation to Tender allows for a Contracting Authority or Other to award without re-opening competition (a direct award) a Contracting Authority decides to source Services through shall, when ordering Services:- 6.1.1 identify the Agreement, then it shall satisfy its requirements for Services by awarding a Contract in relevant Services; 6.1.2 (where there is more than one Contractor) select the terms set out at Schedule 2A following a further-competition conducted Contractor in accordance with the requirements method set out in the Invitation to Tender, or where the Invitation to Tender does not specify a selection method, identify the Contractor who offers best value for money for those Services on the basis of clause 4.2the price(s) submitted by the Contractor in its Tender and who is able to fulfil the Order within the time specified; 4.2 When ordering Services under 6.1.3 (subject to 6.2 below) place an Order with the Agreement the Authority or Other Authority shall:successful Contractor which:- (a) identify states the DPS Providers capable of providing requirements; (b) identifies the Services; (bc) states the price payable in accordance with the Tender submitted by the successful Contractor; and (d) incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed under the Framework (or under the relevant Lot) and the Invitation to Tender so specifies, a Contracting Authority shall, prior to placing an Order: 6.2.1 identify the Contractors capable of performing the Call-Off Contract for the Contracting Authority’s requirements; 6.2.2 supplement and refine the Call-off Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (in which case it shall notify DPS Providers accordingly)where applicable; (c) 6.2.3 invite tenders by conducting a furthermini-competition by way of email or e-auction by issuing an Order Form for its Services requirements in accordance with the Invitation to Tender, the Regulations and Guidance where applicable and in particular: (ia) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; (b) consult in writing all the DPS Providers Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a tender in writing for the Services requirementseach specific contract to be awarded; (iic) set a tendering period time limit for the receipt by it of the bids which takes into account factors such as the complexity of the subject matter of the Contract and the time needed to submit tenders; and (iiid) keep each response to the Order Form unopened on the portal (or e-mail inbox as the case may be) and tender confidential until the expiry of the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions); (d) apply the Services Award Criteria to any compliant bid submitted through the further-competition; and (e) subject to clause 4.4 place an Order with the successful DPS Providertenders. 4.3 The Supplier agrees that all bids submitted by it in relation to a further- competition held pursuant to this clause 0 shall remain open for acceptance for six Months (or such other period specified in the invitation to tender issued by the Authority or Other Authority in accordance with this clause 0). 4.4 Notwithstanding the fact that the Authority or Other Authority has followed the procedure set out above for Services, the Authority may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contract. Nothing in this Agreement shall oblige the Authority or Other Authority to place any Order for Services. 4.5 In the event that the Authority wishes to place an Order for Services that are required urgently then the Authority may seek tenders from Suppliers without adhering to the full procedure and/or time-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach of the Regulations).

Award Procedures. 4.1 If Awards under the Framework Agreement Direct Awards 6.1 Where the Invitation to Tender allows for a Contracting Authority or Other to award without re-opening competition (a direct award) a Contracting Authority decides to source Services through shall, when ordering Goods:- 6.1.1 identify the Agreement, then it shall satisfy its requirements for Services by awarding a Contract in relevant Goods; 6.1.2 (where there is more than one Contractor) select the terms set out at Schedule 2A following a further-competition conducted Contractor in accordance with the requirements method set out in the Invitation to Tender, or where the Invitation to Tender does not specify a selection method, identify the Contractor who offers best value for money for those Goods on the basis of clause 4.2the price(s) submitted by the Contractor in its Tender and who is able to fulfil the Order within the time specified; 4.2 When ordering Services 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:- a) states the requirements; b) identifies the Goods; c) states the price payable in accordance with the Tender submitted by the successful Contractor; and d) incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed under the Agreement Framework ( or under the Authority or Other relevant Lot ) and the Invitation to Tender so specifies, a Contracting Authority shall, prior to placing an Order: (a) 6.2.1 identify the DPS Providers Contractors capable of providing performing the ServicesCall-Off Contract for the Contracting Authority’s requirements; (b) 6.2.2 supplement and refine the Call-off Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (in which case it shall notify DPS Providers accordingly)where applicable; (c) 6.2.3 invite tenders by conducting a furthermini-competition by way of email or e-auction by issuing an Order Form for its Services requirements in accordance with the Invitation to Tender, the Regulations and Guidance and in particular: (ia) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; b) consult in writing all the DPS Providers Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a tender in writing for the Services requirementseach specific contract to be awarded; (iic) set a tendering period time limit for the receipt by it of the bids which takes into account factors such as the complexity of the subject matter of the Contract and the time needed to submit tenders; and (iiid) keep each response to the Order Form unopened on the portal (or e-mail inbox as the case may be) and tender confidential until the expiry of the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions);tenders. (d) 6.2.4 apply the Services Call-Off Award Criteria Criteria, including where relevant in any pricing the consideration of any and all additional cost(s) to any the Contracting Authority to the Contractors’ compliant bid tenders submitted through the furthermini-competition; and (e) subject competition as the basis of its decision to clause 4.4 place an Order with the successful DPS Provideraward a Call-Off Contract for its requirements. 4.3 6.3 The Supplier Contractor agrees that all bids tenders submitted by it the Contractor in relation to a further- mini-competition held pursuant to this clause 0 Clause 6.2 shall remain open for acceptance for six Months ninety (90) days (or such other period specified in the invitation to tender issued by the Authority or Other Contracting Authority in accordance with this clause 0the Ordering Procedure). 4.4 6.4 Notwithstanding the fact that the Authority or Other a Contracting Authority has followed the procedure set out above for Servicesin this Clause 6, the a Contracting Authority may cancel, postpone, delay or end the procedure without placing shall be entitled at all times to decline to make an Order for Services or awarding a Contractaward. Nothing in this Framework Agreement shall oblige the Authority Council or Other any Contracting Authority to place any Order for ServicesOrder. 4.5 In the event that the Authority wishes to place an Order for Services that are required urgently then the Authority may seek tenders from Suppliers without adhering to the full procedure and/or time-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach of the Regulations).

Award Procedures. 4.1 8.1 If the Authority or Other Authority COI decides to source place a Contract for Goods and Services through the Agreement, then Framework Agreement it shall satisfy its requirements for Services by awarding a Contract in the terms set out at Schedule 2A following a further-competition conducted in accordance with the requirements of clause 4.2 4.2 When ordering Services under the Agreement the Authority or Other Authority shallwill: (a) 8.1.1 identify the DPS Providers relevant Lot and label for which its Goods and Services requirements fall into. 8.1.2 identify Framework Contractors capable of providing performing the Services;Goods and/or Services through the application of Lots and Labels. (b) 8.1.3 supplement and refine the Call-off Terms Contract terms and Conditions conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (Guidance. 8.1.4 Invite to participate in which case it shall notify DPS Providers accordingly);a Mini-Competition, either: (ca) invite those Framework Agreement contractors which have been indentified as being capable of providing the Goods and Services; or (b) all the Framework Agreement Contractors for the relevant Lot/Label. The selection of Framework Agreement Contractors may or may not involve the use of a Pre-Selection Questionnaire (“PSQ”). 8.1.5 apply the Goods and Services Award Criteria to the Framework Agreement Contractors who have submitted valid tenders by conducting for the Mini- Competition as the basis of its decision to award a further-competition by way of email or e-auction by issuing an Order Form Contract for its Goods and Services requirements requirements. 8.1.6 place a Contract with the Framework Agreement Contractor whose tender was the most economically advantageous in accordance with the Regulations Goods and in particular:Services Criteria. (i) consult in writing 8.2 The Contract shall comprise all the DPS Providers capable terms of performing this Framework Agreement which relate to the Contract for the Services requirements; (ii) set a tendering period for the receipt delivery of the bids which takes Goods and Services (subject to any Special Terms expressly written into account factors such as the complexity of Contract) and shall constitute the entire agreement between the Parties relating to the subject matter of the Contract. The Contract supersedes all prior negotiations, representations and undertakings, whether written or oral, except that this Clause shall not exclude liability in respect of fraudulent misrepresentation. 8.3 Any amendment to the Goods and Services and/or value of the Contract as agree at the time needed to submit tenders; and (iii) keep each response to the Order Form unopened on Contract was issued must be mutually agreed in writing. In particular, COI shall have no liability beyond the portal (or e-mail inbox as the case may be) and confidential until the expiry value of the Contract agreed at the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions); (d) apply the Services Award Criteria to any compliant bid submitted through the further-competition; and (e) subject to clause 4.4 place an Order with the successful DPS ProviderContract was issued unless a change is mutually agreed in writing. 4.3 The Supplier agrees that all bids submitted by it in relation to a further- competition held pursuant to this clause 0 shall remain open for acceptance for six Months (or such other period specified in the invitation to tender issued by the Authority or Other Authority in accordance with this clause 0). 4.4 8.4 Notwithstanding the fact that the Authority or Other Authority COI has followed the procedure procedures set out above in this Clause 8, COI shall be entitled at all times to decline to make an award for Services, the Authority may cancel, postpone, delay or end the procedure without placing an Order for its Goods and Services or awarding a Contractrequirements. Nothing in this the Framework Agreement shall oblige the Authority or Other Authority to place any Order for Services. 4.5 In the event that the Authority wishes COI to place an Order Contract for its Goods and Services that are required urgently then from the Authority may seek tenders from Suppliers without adhering to the full procedure and/or time-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach of the Regulations)Contractor.

Award Procedures. Awards under the Framework Agreement 4.1 If the Authority or Other Authority a Customer decides to source Services through the Agreement, Framework Agreement then it shall may: (a) satisfy its requirements for the Standard Services by awarding a Contract in accordance with the terms set out at Schedule 2A laid down in this Framework Agreement without re-opening competition; or (b) satisfy its requirements for Competed Services by awarding a Contract following a furthermini-competition conducted in accordance with the requirements of clause 4.2Clause 4.3. 4.2 When Any Customer ordering Standard Services under the Framework Agreement the Authority or Other Authority without re- opening competition shall: (a) identify the DPS Providers capable of providing the Servicesrelevant Lot which its Standard Services requirements fall into; (b) send an Order to the Framework Provider ranked highest following the evaluation of its Tender as set out in Schedule 2; (c) if the Framework Provider who was ranked highest is not able to provide the Services, send an Order to the Framework Provider ranked next highest; (d) repeat the process set out in Clause 4.2(c) until the Order is fulfilled or there are no further Framework Providers qualified to fulfill it. 4.3 Any Customer ordering Competed Services under the Framework Agreement shall: (a) identify the relevant Lot(s) that its Competed Services requirements fall into; (b) identify the Framework Providers capable of performing the Contract for the Competed Services requirements; (c) supplement and refine the Call-off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (in which case it shall notify DPS Providers accordingly)Guidance; (cd) invite tenders by conducting a furthermini-competition by way of email or e-auction by issuing an Order Form for its Competed Services requirements in accordance with the Regulations and Guidance and in particular: (i) consult in writing through an electronic portal with the DPS Framework Providers capable of performing the Contract for the Competed Services requirementsrequirements and invite them within a specified time limit to submit an expression of interest and then if successful a Supplemental Tender; (ii) set a tendering period time limit for the receipt by it of the bids Supplemental 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 (iii) keep each response to the Order Form unopened on the portal (or e-mail inbox as the case may be) and Supplemental Tender confidential until the expiry of the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions)Tenders; (de) apply the Competed Services Award Criteria to any compliant bid Supplemental Tenders submitted through the furthermini-competition; and (ef) subject to clause 4.4 Clause 4.5 place an Order with the successful DPS Framework Provider. 4.3 4.4 The Supplier agrees that all bids Supplemental Tenders submitted by it the Supplier in relation to a further- mini-competition held pursuant to this clause 0 Clause 4 shall remain open for acceptance for six Months 30 days (or such other period specified in the invitation to tender issued by the Authority or Other Authority relevant Customer in accordance with this clause 0Clause 4). 4.4 4.5 Notwithstanding the fact that the Authority or Other Authority Customer has followed the procedure set out above for Competed Services, the Authority Customer may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contract. Nothing in this Framework Agreement shall oblige the Authority or Other Authority any Customer to place any Order for Services. 4.5 In 4.6 The Supplier acknowledges that each Customer is independently responsible for the event conduct of its award of Contracts under the Framework Agreement and that the Authority wishes to place an Order is not responsible or accountable for Services that are required urgently then and shall have no liability whatsoever in relation to: (a) the Authority may seek tenders from Suppliers without adhering conduct of Other Contracting Bodies in relation to the full procedure and/or timeFramework Agreement; or (b) the performance or non-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach performance of any Contracts between the Regulations)Supplier and Other Contracting Bodies entered into pursuant to the Framework Agreement.

Award Procedures. Awards under the Framework Agreement 4.1 If the Authority or Other Authority Customer decides to source Services through the Agreement, Framework Agreement then it shall may: (a) satisfy its requirements for the Standard Services by awarding a Contract in accordance with the terms set out at Schedule 2A laid down in this Framework Agreement without re-opening competition; or (b) satisfy its requirements for Competed Services by awarding a Contract following a furthermini-competition conducted in accordance with the requirements of clause 4.2Clause 4.3. 4.2 When The Customer ordering Standard Services under the Framework Agreement the Authority or Other Authority without re-opening competition shall: (a) identify the DPS Providers capable of providing the Servicesrelevant Lot which its Standard Services requirements fall into; (b) send an Order to the Framework Provider ranked highest following the evaluation of its Tender; 4.3 The Customer ordering Competed Services under the Framework Agreement shall: (a) identify the relevant Lot(s) that its Competed Services requirements fall into; (b) identify the Framework Providers capable of performing the Contract for the Competed Services requirements; (c) supplement and refine the Call-off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (in which case it shall notify DPS Providers accordingly)legislation; (cd) invite tenders by conducting a furthermini-competition by way of email or e-auction by issuing an Order Form for its Competed Services requirements in accordance with the Regulations and in particular: (i) consult in writing the DPS Framework Providers capable of performing the Contract for the Competed Services requirementsrequirements and invite them within a specified time limit to submit a Supplemental Tender; (ii) set a tendering period time limit for the receipt by it of the bids Supplemental 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 (iii) keep each response to the Order Form unopened on the portal (or e-mail inbox as the case may be) and Supplemental Tender confidential until the expiry of the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions)Tenders; (de) apply the Competed Services Award Criteria to any compliant bid Supplemental Tenders submitted through the furthermini-competition; and (ef) subject to clause 4.4 Clause 4.5 place an Order with the successful DPS Framework Provider. 4.3 4.4 The Supplier agrees that all bids Supplemental Tenders submitted by it the Supplier in relation to a further- mini-competition held pursuant to this clause 0 Clause 4. shall remain open for acceptance for six Months 30 days (or such other period specified in the invitation to tender issued by the Authority or Other Authority Customer in accordance with this clause 0Clause 4.). 4.4 4.5 Notwithstanding the fact that the Authority or Other Authority Customer has followed the procedure set out above for Competed Services, the Authority Customer may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contract. Nothing in this Framework Agreement shall oblige the Authority or Other Authority Customer to place any Order for Services. 4.5 In the event that the Authority wishes to place an Order for Services that are required urgently then the Authority may seek tenders from Suppliers without adhering to the full procedure and/or time-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach of the Regulations).

Award Procedures. 4.1 Awards under this Services Agreement 7.1 If the Authority or Other Authority Council decides to source Services through the Agreement, this Services Agreement then it shall satisfy award its Service requirements for Services by awarding a Contract in accordance with the terms process set out at Schedule 2A following a further-competition conducted in accordance with the requirements of clause 4.22. 4.2 When 7.2 The Council when ordering Services under the this Services Agreement the Authority or Other Authority shall:shall:- (a) 7.2.1 identify the DPS Providers capable of providing performing the ServicesIndividual Services Contract for the Services requirements; (b) supplement and refine the Call-off Terms and Conditions 7.2.2 only to the extent permitted by and in accordance with the requirements Public Contracts Regulations 2015 and any associated guidance, where necessary make minor changes to supplement and refine the Individual Services Terms and Conditions; 7.2.3 request Placements from Providers by issuing the referral form “Referral Form” (in the form set out in Appendix 13 of the Regulations and Guidance Services Specification) for Providers to submit a Placement proposal via undertaking a Matching Matrix for submission in accordance with the Matching Matrix at Appendix 6 of the Services Specification; and 7.2.4 award its Services requirements by placing an Individual Placement Agreement (in which case it shall notify DPS Providers accordingly)IPA) with the successful Provider which:- (a) states the Services requirements; (cb) invite tenders by conducting a further-competition by way of email or e-auction by issuing an Order Form states the price payable for its the Services requirements in accordance with the Regulations Provider’s Submission and in particular: (i) consult in writing the DPS Providers capable of performing the Contract for the Services requirements; (ii) set a tendering period for the receipt of the bids which takes into account factors such as the complexity of the subject matter of the Contract and the time needed to submit tendersreturned Matching Matrix; and (iiic) keep each response to incorporates the Order Form unopened on the portal (or eIndividual Services Contract-mail inbox Off Terms and Conditions as the case may be) and confidential until the expiry of the time limit for the receipt modified by it of the Supplemental Tenders (not applicable for eAuctions); (d) apply the Services Award Criteria to any compliant bid submitted through the further-competition; and (e) subject to clause 4.4 place an Order with the successful DPS Providerrequirements. 4.3 The Supplier agrees that all bids submitted by it in relation to a further- competition held pursuant to this clause 0 shall remain open for acceptance for six Months (or such other period specified in the invitation to tender issued by the Authority or Other Authority in accordance with this clause 0). 4.4 7.3 Notwithstanding the fact that the Authority or Other Authority Council has followed the procedure set out above for Servicesin this Clause 7, the Authority may cancel, postpone, delay or end the procedure without placing Council shall be entitled at all times to decline to make an Order award for its Services or awarding a Contractrequirements. Nothing in this Services Agreement shall oblige the Authority or Other Authority Council to place any Order IPA for Services. 4.5 In 7.4 Subject to Clauses 7.1 to 7.3 above, the event that the Authority wishes to Council may place an Order for Services that are required urgently then IPA with the Authority may seek tenders from Suppliers without adhering to Provider by following the full procedure and/or time-scales Placement Process as set out in clause 4.2Schedule 2 by serving an IPA in writing in substantially the form set out in Schedule 4 or such similar or analogous form agreed with the Provider including systems of ordering involving facsimile, electronic mail or other on-line solutions. The Parties agree that any document or communication (providing that deviation from same does including any document or communication in the apparent form of an IPA) which is not in the form prescribed by this Clause 7.5 shall not constitute an IPA under this Services Agreement. 7.5 Following receipt of a breach Referral Form from the Council in the form detailed within Appendix 13 of the Regulations)Services Specification, the Provider shall promptly and in any event within a reasonable period determined by the Customer and notified to the Provider in the Referral form, respond to the Council within 24 hours for a planned Placement or one (1) hour for an emergency Placement in accordance with the Placement Process at Schedule 2. 7.6 If the Provider is able to match the needs of the Looked After Child and fulfil the Placement, it must provide the Council will the completed Matching Matrix, Location Risk Assessment as contained within the Appendices of the Services Specification at Schedule 1, and Price and it shall be considered by the Council for delivery of the Placement in accordance with the Placement Process at Schedule 2. 7.7 The Parties acknowledge and agree that the making of a Placement is an “invitation to treat” by the Council Accordingly the Provider shall sign and return the IPA which shall constitute its offer to the Council. The Council shall signal acceptance of the Providers offer and formation of the Contract by counter-signing the IPA.

Award Procedures. 4.1 If the Authority or Other Authority decides to source Services through the Agreement, Agreement then it shall must satisfy its requirements for the Services by awarding a Contract in accordance with the terms set out at Schedule 2A following a further-competition conducted laid down in this Agreement and particularly in accordance with the requirements of clause 4.2relevant Invitation to Tender and Schedule 2 (Award Criteria) to this Agreement. 4.2 When The Parties acknowledge that the Authority’s award of any Services to the Service Provider shall be as Services by mini-competition between DPS Providers and where the Service Provider is successful according to Clause 4.3, provided always that the Authority may make a direct award of Services pursuant to Clause 4.4. 4.3 Subject to Clause 4.4, the Authority, when ordering Services under the Agreement the Authority or Other Authority using a mini-competition, shall: (a) identify the DPS Providers capable of providing the Servicesrelevant Category(s) and geographic area that its Services requirements fall into; (b) supplement and refine the Call-off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (in which case it shall notify DPS Providers accordingly); (c) invite tenders by conducting a further-competition by way of email or e-auction by issuing an Order Form for its Services requirements in accordance with the Regulations and in particular: (i) consult in writing identify the DPS Providers capable of performing the Contract for the Services requirements; (iic) set conduct a tendering period for mini-competition seeking a Tender from eligible, invited DPS Providers by issuing an Invitation to Tender document setting out the receipt Authority’s requirements, a copy of the bids proposed Contract (being a Service Instruction which takes into account factors such as incorporates by reference the complexity of the subject matter of the Contract Call-off Terms and the time needed to submit tenders; and (iii) keep each response to the Order Form unopened on the portal (or e-mail inbox as the case may beConditions) and confidential until also a deadline by which the expiry of the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions)Tender must be submitted; (d) apply evaluate all Tender submissions received by the Invitation to Tender deadline in accordance with the Award Criteria set out in the Authority’s Invitation to Tender; (e) (on conclusion of the Tender submission evaluation process) award a Contract to the DPS Provider submitting the most economically advantageous Tender on the basis of the Award Criteria specified in the Authority’s Invitation to Tender; (f) prepare and send to the successful DPS Provider an electronic Notification of Award following which the DPS Provider is required within two (2) Working Days of receipt to respond electronically to the Authority to either: (i) accept the invitation to deliver the specification set out in the Authority’s Invitation to Tender and offer to enter into the Contract with the Authority; or (ii) notify the Authority that it declines to deliver the specification set out in the Authority’s Invitation to Tender and shall not enter into the Contract (whereby the Contract offer from the Service Provider shall lapse and the Authority may then send the Contract to the next DPS Provider that has submitted the next most economically advantageous Tender (and so on until all DPS Providers decline and the Authority has to reprocure such Services)), provided that if a DPS Provider does not respond to the Authority's electronic Notification of Award and commences performance of the Services Award Criteria then the DPS Provider is deemed to any compliant bid submitted through have accepted the further-competitioninvitation and offered to enter into the Contract; and (eg) subject where: (i) on receipt of the DPS Provider's response to clause 4.4 place an Order the Authority's electronic Notification of Award (where the DPS Provider has accepted the invitation and offered to enter into the Contract); or (ii) the DPS Provider does not respond to the Authority's electronic Notification of Award within two (2) Working Days of receipt and commences performance of the Services, the Authority is deemed to have accepted the DPS Provider's offer to enter into the Contract; and (h) the DPS Provider shall provide the Services (being the Service Instruction) in accordance with the successful terms of the Contract. 4.4 The Authority may make a direct award of Services (bypassing the mini-competition and submission of a Tender by the Service Provider when it is an invited DPS Provider) where: (a) a DPS Provider (within the relevant Category) is the only DPS Provider who satisfied the selection criteria to join the DPS; (b) only one (1) DPS Provider within the Category is capable of performing the Services for the Authority (for example due to the other DPS Providers within a Category being ineligible to perform the Services as they are suspended or have no valid insurance or appropriate Vehicle(s) to meet the Specification); or (c) the Authority wishes to enter into a de minimis agreement (to implement what is commonly known as the de minimis rules/exceptions as defined by The Service Subsidy Agreements (Tendering) (England) (Amendment) Regulations 2004 (SI 2004/609) made under the Transport Act 1985 (as amended by the Transport Act 2000) to extend or modify an existing agreement for a route already operated by a DPS Provider, provided that (where required by the Authority) the Service Provider is required to provide detailed evidence of value for money (including benchmarked costs, where relevant in the reasonable opinion of the Authority) and a value for money report to evidence how best value shall be delivered to the Authority. 4.3 4.5 The Supplier Service Provider agrees that all bids each Tender submitted by it the Service Provider in relation to a further- mini-competition for Services held pursuant to this clause 0 Clause 4 shall remain open for acceptance for six Months thirty (30) days from the specified commencement date for such Services (or such other period specified in the invitation Invitation to tender Tender issued by the Authority or Other Authority in accordance with this clause 0Clause 4). 4.4 4.6 Notwithstanding the fact that the Authority or Other Authority has followed the procedure set out above in this Clause 4 for Services, the Authority may cancel, postpone, delay or end the procedure without placing an Order a Service Instruction for Services or awarding a Contract. Nothing in this Agreement shall oblige the Authority or Other Authority to place any Order Service Instruction for ServicesServices and (subject to Clause 4.4) no DPS Provider shall be entitled to any exclusive arrangement for the delivery of Services to the Authority. 4.5 In the event that the Authority wishes 4.7 Subject to place an Order for Services that are required urgently then Clauses 4.1 to 4.6 above, the Authority may seek tenders from Suppliers without adhering place a Service Instruction with the Service Provider by serving a Service Instruction in writing in substantially the form described in Schedule 4 (Service Instruction Form) or such similar or analogous form agreed with the Service Provider including systems of ordering involving fax, e-mail or other online solutions. 4.8 If the Service Provider modifies or imposes conditions on the fulfilment of a Contract (or Service Instruction) the Authority may either: (a) reissue the Contract incorporating the modifications or conditions in a new Invitation to Tender; or (b) treat the Service Provider's response as notification of its inability to fulfil the specification and the provisions of Clause 4.3(f)(ii) shall apply. 4.9 The Parties acknowledge and agree that the issue of an Invitation to Tender is an "invitation to treat" by the Authority. Accordingly, the DPS Provider shall electronically submit its Tender as its offer to the full procedure and/or time-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach Authority on the terms of the RegulationsContract (being the Service Instruction and Call-off Terms and Conditions including the Specification). The Authority shall signal its acceptance of the DPS Provider's offer and the formation of a Contract by electronically issuing a Notification of Award to the Service Provider.

Award Procedures. 4.1 If the Authority or Other Authority decides to source Services through the Agreement, Agreement then it shall must satisfy its requirements for the Services by awarding a Contract in accordance with the terms set out at Schedule 2A following a further-competition conducted laid down in this Agreement and particularly in accordance with the requirements of clause 4.2relevant Invitation to Tender and Schedule 2 (Award Criteria) to this Agreement. 4.2 When The Parties acknowledge that the Authority’s award of any Services to the Service Provider shall be as Services by mini-competition between DPS Providers and where the Service Provider is successful according to Clause 4.3, provided always that the Authority may make a direct award of Services pursuant to Clause 4.4. 4.3 Subject to Clause 4.4, the Authority, when ordering Services under the Agreement the Authority or Other Authority using a mini-competition, shall: (a) identify the DPS Providers capable of providing the Servicesrelevant Category(s) and geographic area that its Services requirements fall into; (b) supplement and refine the Call-off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (in which case it shall notify DPS Providers accordingly); (c) invite tenders by conducting a further-competition by way of email or e-auction by issuing an Order Form for its Services requirements in accordance with the Regulations and in particular: (i) consult in writing identify the DPS Providers capable of performing the Contract for the Services requirements; (iic) set conduct a tendering period for mini-competition seeking a Tender from eligible, invited DPS Providers by issuing an Invitation to Tender document setting out the receipt Authority’s requirements, a copy of the bids proposed Contract (being a Route Instruction which takes into account factors such as incorporates by reference the complexity of the subject matter of the Contract Call-off Terms and the time needed to submit tenders; and (iii) keep each response to the Order Form unopened on the portal (or e-mail inbox as the case may beConditions) and confidential until also a deadline by which the expiry of the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions)Tender must be submitted; (d) apply evaluate all Tender submissions received by the Invitation to Tender deadline in accordance with the Award Criteria set out in the Authority’s Invitation to Tender; (e) (on conclusion of the Tender submission evaluation process) award a Contract to the DPS Provider submitting the most economically advantageous Tender on the basis of the Award Criteria specified in the Authority’s Invitation to Tender; (f) prepare and send to the successful DPS Provider an electronic Notification of Award following which the DPS Provider is required within two (2) Working Days of receipt to respond electronically to the Authority to either: (i) accept the invitation to deliver the specification set out in the Authority’s Invitation to Tender and offer to enter into the Contract with the Authority; or (ii) notify the Authority that it declines to deliver the specification set out in the Authority’s Invitation to Tender and shall not enter into the Contract (whereby the Contract offer from the Service Provider shall lapse and the Authority may then send the Contract to the next DPS Provider that has submitted the next most economically advantageous Tender (and so on until all DPS Providers decline and the Authority has to reprocure such Services)), provided that if a DPS Provider does not respond to the Authority's electronic Notification of Award and commences performance of the Services Award Criteria then the DPS Provider is deemed to any compliant bid submitted through have accepted the further-competitioninvitation and offered to enter into the Contract; and (eg) subject where: (i) on receipt of the DPS Provider's response to clause 4.4 place an Order the Authority's electronic Notification of Award (where the DPS Provider has accepted the invitation and offered to enter into the Contract); or (ii) the DPS Provider does not respond to the Authority's electronic Notification of Award within two (2) Working Days of receipt and commences performance of the Services, the Authority is deemed to have accepted the DPS Provider's offer to enter into the Contract; and (h) the DPS Provider shall provide the Services (being the Route Instruction) in accordance with the successful terms of the Contract. 4.4 The Authority may make a direct award of Services (bypassing the mini-competition and submission of a Tender by the Service Provider when it is an invited DPS Provider) where: (a) a DPS Provider (within the relevant Category) is the only DPS Provider who satisfied the selection criteria to join the DPS; or (b) only one (1) DPS Provider within the Category is capable of performing the Services for the Authority (for example due to Service User safeguarding criteria constraints or the other DPS Providers within a Category being ineligible to perform the Services as they are suspended or have no valid insurance or appropriate Vehicle(s) to meet the Specification), provided that (where required by the Authority) the Service Provider is required to provide detailed evidence of value for money (including benchmarked costs, where relevant in the reasonable opinion of the Authority) and a value for money report to evidence how best value will be delivered to the Authority. 4.3 4.5 The Supplier Service Provider agrees that all bids each Tender submitted by it the Service Provider in relation to a further- mini-competition for Services held pursuant to this clause 0 Clause 4 shall remain open for acceptance for six Months thirty (30) days from the specified commencement date for such Services (or such other period specified in the invitation Invitation to tender Tender issued by the Authority or Other Authority in accordance with this clause 0Clause 4). 4.4 4.6 Notwithstanding the fact that the Authority or Other Authority has followed the procedure set out above in this Clause 4 for Services, the Authority may cancel, postpone, delay or end the procedure without placing an Order a Route Instruction for Services or awarding a Contract. Nothing in this Agreement shall oblige the Authority or Other Authority to place any Order Route Instruction for ServicesServices and (subject to Clause 4.4) no DPS Provider shall be entitled to any exclusive arrangement for the delivery of Services to the Authority. 4.5 In the event that the Authority wishes 4.7 Subject to place an Order for Services that are required urgently then Clauses 4.1 to 4.6 above, the Authority may seek tenders from Suppliers without adhering place a Route Instruction with the Service Provider by serving a Route Instruction in writing in substantially the form described in Schedule 4 (Route Instruction Form) or such similar or analogous form agreed with the Service Provider including systems of ordering involving fax, e-mail or other online solutions. 4.8 If the Service Provider modifies or imposes conditions on the fulfilment of a Contract (or Route Instruction) the Authority may either: (a) reissue the Contract incorporating the modifications or conditions in a new Invitation to Tender; or (b) treat the Service Provider's response as notification of its inability to fulfil the specification and the provisions of Clause 4.3(f)(ii) shall apply. 4.9 The Parties acknowledge and agree that the issue of an Invitation to Tender is an "invitation to treat" by the Authority. Accordingly, the DPS Provider shall electronically submit its Tender as its offer to the full procedure and/or time-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach Authority on the terms of the RegulationsContract (being the Route Instruction and Call-off Terms and Conditions including the Specification). The Authority shall signal its acceptance of the DPS Provider's offer and the formation of a Contract by electronically issuing a Notification of Award to the Service Provider.

Award Procedures. 4.1 If the Authority or Other Authority decides to source Services through the Agreement, then it shall satisfy its requirements for Services by awarding a Contract in the terms set out at Schedule 2A following a further-competition conducted in accordance with the requirements of clause 4.2 4.2 When ordering Services under the Agreement the Authority or Other Authority shall: (a) identify the DPS Providers capable of providing the Services; (b) supplement and refine the Call-off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (in which case it shall notify DPS Providers accordingly); (c) invite tenders by conducting a further-competition by way of email or e-auction by issuing an Order Form for its Services requirements in accordance with the Regulations and in particular: (i) consult in writing the DPS Providers capable of performing the Contract for the Services requirements; (ii) set a tendering period for the receipt of the bids which takes into account factors such as the complexity of the subject matter of the Contract and the time needed to submit tenders; and (iii) keep each response to the Order Form unopened on the portal (or e-mail inbox as the case may be) and confidential until the expiry of the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions)Tenders; (d) apply the Services Award Criteria to any compliant bid submitted through the further-competition; and (e) subject to clause 4.4 place an Order with the successful DPS Provider. 4.3 The Supplier agrees that all bids submitted by it in relation to a further- competition held pursuant to this clause 0 4 shall remain open for acceptance for six Months (or such other period specified in the invitation to tender issued by the Authority or Other Authority in accordance with this clause 0)4. 4.4 Notwithstanding the fact that the Authority or Other Authority has followed the procedure set out above for Services, the Authority may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contract. Nothing in this Agreement shall oblige the Authority or Other Authority to place any Order for Services. 4.5 In the event that the Authority wishes to place an Order for Services that are required urgently then the Authority may seek tenders from Suppliers without adhering to the full procedure and/or time-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach of the Regulations).

Award Procedures. Awards under the Framework Agreement 4.1 If the Authority or Other Authority a Customer decides to source Services through the Agreement, Framework Agreement then it shall may: (a) satisfy its requirements for the Standard Services by awarding a Contract in accordance with the terms set out at Schedule 2A laid down in this Framework Agreement without re-opening competition; or (b) satisfy its requirements for Competed Services by awarding a Contract following a furthermini-competition conducted in accordance with the requirements of clause 4.24.3. 4.2 When Any Customer ordering Standard Services under the Framework Agreement the Authority or Other Authority without re-opening competition shall: (a) identify the DPS Providers capable of providing the Servicesrelevant Lot which its Standard Services requirements fall into; (b) send an Order to the Framework Provider ranked highest following the evaluation of its Tender as set out in Schedule 2; (c) if the Framework Provider who was ranked highest is not able to provide the Services, send an Order to the Framework Provider ranked next highest; (d) repeat the process set out in clause 4.2(c) until the Order is fulfilled or there are no further Framework Providers qualified to fulfil it. 4.3 Any Customer ordering Competed Services under the Framework Agreement shall: (a) identify the relevant Lot(s) that its Competed Services requirements fall into; (b) identify the Framework Providers capable of performing the Contract for the Competed Services requirements; (c) supplement and refine the Call-off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (in which case it shall notify DPS Providers accordingly)Guidance; (cd) invite tenders by conducting a furthermini-competition by way of email or e-auction by issuing an Order Form for its Competed Services requirements in accordance with the Regulations and Guidance and in particular: (i) consult in writing the DPS Framework Providers capable of performing the Contract for the Competed Services requirementsrequirements and invite them within a specified time limit to submit a Supplemental Tender; (ii) set a tendering period time limit for the receipt by it of the bids Supplemental 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 (iii) keep each response to the Order Form unopened on the portal (or e-mail inbox as the case may be) and Supplemental Tender confidential until the expiry of the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions)Tenders; (de) apply the Competed Services Award Criteria to any compliant bid Supplemental Tenders submitted through the furthermini-competition; and (ef) subject to clause 4.4 4.5 place an Order with the successful DPS Framework Provider. 4.3 4.4 The Supplier agrees that all bids Supplemental Tenders submitted by it the Supplier in relation to a further- mini-competition held pursuant to this clause 0 4 shall remain open for acceptance for six Months 30 days (or such other period specified in the invitation to tender issued by the Authority or Other Authority relevant Customer in accordance with this clause 04). 4.4 4.5 Notwithstanding the fact that the Authority or Other Authority Customer has followed the procedure set out above for Competed Services, the Authority Customer may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contract. Nothing in this Framework Agreement shall oblige the Authority or Other Authority any Customer to place any Order for Services. 4.5 In 4.6 The Supplier acknowledges that each Customer is independently responsible for the event conduct of its award of Contracts under the Framework Agreement and that the Authority wishes to place an Order is not responsible or accountable for Services that are required urgently then and shall have no liability whatsoever in relation to: (a) the Authority may seek tenders from Suppliers without adhering conduct of any Customer in relation to the full procedure and/or timeFramework Agreement; or (b) the performance or non-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach performance of any Contracts between the Regulations)Supplier and any Customer entered into pursuant to the Framework Agreement.

Award Procedures. 4.1 If Awards under the Framework Agreement Direct Awards 6.1 Where the Invitation to Quote allows for a Contracting Authority or Other to award without re-opening competition (a direct award) a Contracting Authority decides to source Services through shall, when ordering Goods:- 6.1.1 identify the Agreement, then it shall satisfy its requirements for Services by awarding a Contract in relevant Goods; 6.1.2 (where there is more than one Contractor) select the terms set out at Schedule 2A following a further-competition conducted Contractor in accordance with the requirements method set out in the Invitation to Quote, or where the Invitation to Quote does not specify a selection method, identify the Contractor who offers best value for money for those Goods on the basis of clause 4.2the price(s) submitted by the Contractor in its Quote and who is able to fulfil the Order within the time specified; 4.2 When ordering Services under 6.1.3 (subject to 6.2 below) place an Order with the Agreement the Authority or Other Authority shall:successful Contractor which:- (a) identify states the DPS Providers capable of providing the Servicesrequirements; (b) identifies the Goods; (c) states the price payable in accordance with the Quote submitted by the successful Contractor; and (d) incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed under the Framework ( or under the relevant Lot ) and the Invitation to Quote so specifies, a Contracting Authority shall, prior to placing an Order: 6.2.1 identify the Contractors capable of performing the Call-Off Contract for the Contracting Authority’s requirements; 6.2.2 supplement and refine the Call-off Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance (in which case it shall notify DPS Providers accordingly)where applicable; (c) 6.2.3 invite tenders quotes by conducting a furthermini-competition by way of email or e-auction by issuing an Order Form for its Services requirements in accordance with the Invitation to Quote, the Regulations and Guidance and in particular: (ia) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; (b) consult in writing all the DPS Providers Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a quote in writing for the Services requirementseach specific contract to be awarded; (iic) set a tendering period time limit for the receipt by it of the bids which takes into account factors such as the complexity of the subject matter of the Contract and the time needed to submit tendersquotes; and (iiid) keep each response to the Order Form unopened on the portal (or e-mail inbox as the case may be) and quote confidential until the expiry of the time limit for the receipt by it of the Supplemental Tenders (not applicable for eAuctions);quotes. (d) 6.2.4 apply the Services Call-Off Award Criteria Criteria, including where relevant in any pricing the consideration of any and all additional cost(s) to any the Contracting Authority to the Contractors’ compliant bid quotes submitted through the furthermini-competition; and (e) subject competition as the basis of its decision to clause 4.4 place an Order with the successful DPS Provideraward a Call-Off Contract for its requirements. 4.3 6.3 The Supplier Contractor agrees that all bids quotes submitted by it the Contractor in relation to a further- mini-competition held pursuant to this clause 0 Clause 6.2 shall remain open for acceptance for six Months ninety (90) days (or such other period specified in the invitation to tender issued by the Authority or Other Contracting Authority in accordance with this clause 0the Ordering Procedure). 4.4 6.4 Notwithstanding the fact that the Authority or Other a Contracting Authority has followed the procedure set out above for Servicesin this Clause 6, the a Contracting Authority may cancel, postpone, delay or end the procedure without placing shall be entitled at all times to decline to make an Order for Services or awarding a Contractaward. Nothing in this Framework Agreement shall oblige the Authority Council or Other any Contracting Authority to place any Order for ServicesOrder. 4.5 In the event that the Authority wishes to place an Order for Services that are required urgently then the Authority may seek tenders from Suppliers without adhering to the full procedure and/or time-scales set out in clause 4.2. (providing that deviation from same does not constitute a breach of the Regulations).