Common use of Award Procedures Clause in Contracts

Award Procedures. Awards under the Framework Agreement Direct Awards 6.1 Where the Invitation to Quote allows for a Contracting Authority to award without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the 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 the price(s) submitted by the Contractor in its Quote and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:- (a) states the requirements; (b) identifies the Services; (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 Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicable; 6.2.3 invite quotes by conducting a mini-competition for its requirements in accordance with the Invitation to Quote, the Regulations and Guidance where applicable and in particular: (a) 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 Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a quote in writing for each specific contract to be awarded; (c) set a time limit for the receipt by it of the quotes; and (d) keep each quote confidential until the expiry of the time limit for the receipt by it of quotes. 6.2.4 apply the Call-Off Award Criteria, including where relevant in any pricing the consideration of any and all additional cost(s) to the Contracting Authority, to the Contractors’ compliant quotes submitted through the mini-competition as the basis of its decision to award a Call-Off Contract for its requirements. 6.3 The Contractor agrees that all quotes submitted by the Contractor in relation to a mini-competition held pursuant to Clause 6.2 shall remain open for acceptance for ninety (90) days (or such other period specified in the invitation issued by a Contracting Authority in accordance with the Ordering Procedure). 6.4 Notwithstanding the fact that a Contracting Authority has followed the procedure set out above in this Clause 6, a Contracting Authority shall be entitled at all times to decline to make an award. Nothing in this Framework Agreement shall oblige the Council or any Contracting Authority to place any Order.

Award Procedures. Awards under the Framework Agreement Direct Awards 6.1 Where the Invitation to Quote Tender allows for a Contracting Authority to award without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the method set out in the Invitation to QuoteTender, or where the Invitation to Quote Tender does not specify a selection method, identify the Contractor who offers best value for money for those Services on the basis of the price(s) submitted by the Contractor in its Quote Tender and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:- (a) states the requirements; (b) identifies the Services; (c) states the price payable in accordance with the Quote 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 Quote 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 Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicable; 6.2.3 invite quotes tenders by conducting a mini-competition for its requirements in accordance with the Invitation to QuoteTender, the Regulations and Guidance where applicable and in particular: (a) 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 Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a quote tender in writing for each specific contract to be awarded; (c) set a time limit for the receipt by it of the quotestenders; and (d) keep each quote tender confidential until the expiry of the time limit for the receipt by it of quotestenders. 6.2.4 apply the Call-Off Award Criteria, including where relevant in any pricing the consideration of any and all additional cost(s) to the Contracting Authority, to the Contractors’ compliant quotes submitted through the mini-competition as the basis of its decision to award a Call-Off Contract for its requirements. 6.3 The Contractor agrees that all quotes submitted by the Contractor in relation to a mini-competition held pursuant to Clause 6.2 shall remain open for acceptance for ninety (90) days (or such other period specified in the invitation issued by a Contracting Authority in accordance with the Ordering Procedure). 6.4 Notwithstanding the fact that a Contracting Authority has followed the procedure set out above in this Clause 6, a Contracting Authority shall be entitled at all times to decline to make an award. Nothing in this Framework Agreement shall oblige the Council or any Contracting Authority to place any Order.

Award Procedures. Awards under the Framework Agreement Direct Awards 6.1 Where the Invitation to Quote Tender allows for a Contracting Authority to award without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:-Goods:- 6.1.1 identify the relevant ServicesGoods; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the method set out in the Invitation to QuoteTender, or where the Invitation to Quote Tender does not specify a selection method, identify the Contractor who offers best value for money for those Services Goods on the basis of the price(s) submitted by the Contractor in its Quote Tender and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:- (a) states the requirements; (b) identifies the ServicesGoods; (c) states the price payable in accordance with the Quote 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 LotLot ) and the Invitation to Quote 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 Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicable; 6.2.3 invite quotes tenders by conducting a mini-competition for its requirements in accordance with the Invitation to QuoteTender, the Regulations and Guidance where applicable and in particular: (a) 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 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 Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a quote tender in writing for each specific contract to be awarded; (c) set a time limit for the receipt by it of the quotestenders; and (d) keep each quote tender confidential until the expiry of the time limit for the receipt by it of quotestenders. 6.2.4 apply the Call-Off Award Criteria, including where relevant in any pricing the consideration of any and all additional cost(s) to the Contracting Authority, Authority to the Contractors’ compliant quotes tenders submitted through the mini-competition as the basis of its decision to award a Call-Off Contract for its requirements. 6.3 The Contractor agrees that all quotes tenders submitted by the Contractor in relation to a mini-competition held pursuant to Clause 6.2 shall remain open for acceptance for ninety (90) days (or such other period specified in the invitation issued by a the Contracting Authority in accordance with the Ordering Procedure). 6.4 Notwithstanding the fact that a Contracting Authority has followed the procedure set out above in this Clause 6, a Contracting Authority shall be entitled at all times to decline to make an award. Nothing in this Framework Agreement shall oblige the Council or any Contracting Authority to place any Order.

Award Procedures. Awards under the Framework Agreement 4.1 If a Customer decides to source Services through the Framework Agreement Direct Awardsthen it may: 6.1 Where (a) satisfy its requirements for the Invitation to Quote allows Standard Services by awarding a Contract in accordance with the terms laid down in this Framework Agreement without re-opening competition; or (b) satisfy its requirements for Competed Services by awarding a Contracting Authority to award Contract following a mini-competition conducted in accordance with the requirements of clause 4.3. 4.2 Any Customer ordering Standard Services under the Framework Agreement without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the 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 the price(s) submitted by the Contractor in its Quote and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:-: (a) states identify the requirementsrelevant Lot which its Standard Services requirements fall into; (b) identifies send an Order to the ServicesFramework Provider ranked highest following the evaluation of its Tender as set out in Schedule 2; (c) states if the price payable in accordance with Framework Provider who was ranked highest is not able to provide the Quote submitted by Services, send an Order to the successful Contractor; andFramework Provider ranked next highest; (d) incorporates repeat the Call-Off Terms and Conditionsprocess set out in clause 4.2(c) until the Order is fulfilled or there are no further Framework Providers qualified to fulfil it. 6.2 Where there is more than one Contractor appointed 4.3 Any Customer ordering Competed Services under the Framework Agreement shall: (or under a) identify the relevant LotLot(s) and the Invitation to Quote so specifies, a Contracting Authority shall, prior to placing an Order:that its Competed Services requirements fall into; 6.2.1 (b) identify the Contractors Framework Providers capable of performing the Call-Off Contract for the Contracting Authority’s Competed Services requirements; 6.2.2 (c) 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 where applicableGuidance; 6.2.3 (d) invite quotes tenders by conducting a mini-competition for its Competed Services requirements in accordance with the Invitation to Quote, the Regulations and Guidance where applicable and in particular: (a) 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; (bi) consult in writing all the Contractors Framework Providers capable of performing the Call-Off Contract for the Competed Services requirements and invite them within a specified time limit to submit a quote in writing for each specific contract to be awardedSupplemental Tender; (cii) set a time limit for the receipt by it of the quotesSupplemental 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 (diii) keep each quote Supplemental Tender confidential until the expiry of the time limit for the receipt by it of quotes.the Supplemental Tenders; 6.2.4 (e) apply the Call-Off Competed Services Award Criteria, including where relevant in Criteria to any pricing the consideration of any and all additional cost(s) to the Contracting Authority, to the Contractors’ compliant quotes Supplemental Tenders submitted through the mini-competition as competition; and (f) subject to clause 4.5 place an Order with the basis of its decision to award a Call-Off Contract for its requirementssuccessful Framework Provider. 6.3 4.4 The Contractor Supplier agrees that all quotes Supplemental Tenders submitted by the Contractor Supplier in relation to a mini-competition held pursuant to Clause 6.2 this clause 4 shall remain open for acceptance for ninety (90) 30 days (or such other period specified in the invitation to tender issued by a Contracting Authority the relevant Customer in accordance with the Ordering Procedurethis clause 4). 6.4 4.5 Notwithstanding the fact that a Contracting Authority the Customer has followed the procedure set out above in this Clause 6for Competed Services, the Customer may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contracting Authority shall be entitled at all times to decline to make an awardContract. Nothing in this Framework Agreement shall oblige the Council or any Contracting Authority Customer to place any OrderOrder for Services. 4.6 The Supplier acknowledges that each Customer is independently responsible for the conduct of its award of Contracts under the Framework Agreement and that the Authority is not responsible or accountable for and shall have no liability whatsoever in relation to: (a) the conduct of any Customer in relation to the Framework Agreement; or (b) the performance or non-performance of any Contracts between the Supplier and any Customer entered into pursuant to the Framework Agreement.

Award Procedures. Awards under the Framework Agreement Direct Awards 6.1 Where the Invitation to Quote allows for a Contracting Authority to award without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:-Goods:- 6.1.1 identify the relevant ServicesGoods; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the 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 Goods on the basis of the price(s) submitted by the Contractor in its Quote and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:- (a) states the requirements; (b) identifies the ServicesGoods; (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 LotLot ) 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 Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicable; 6.2.3 invite quotes by conducting a mini-competition for its requirements in accordance with the Invitation to Quote, the Regulations and Guidance where applicable and in particular: (a) 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 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 Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a quote in writing for each specific contract to be awarded; (c) set a time limit for the receipt by it of the quotes; and (d) keep each quote confidential until the expiry of the time limit for the receipt by it of quotes. 6.2.4 apply the Call-Off Award Criteria, including where relevant in any pricing the consideration of any and all additional cost(s) to the Contracting Authority, Authority to the Contractors’ compliant quotes submitted through the mini-competition as the basis of its decision to award a Call-Off Contract for its requirements. 6.3 The Contractor agrees that all quotes submitted by the Contractor in relation to a mini-competition held pursuant to Clause 6.2 shall remain open for acceptance for ninety (90) days (or such other period specified in the invitation issued by a the Contracting Authority in accordance with the Ordering Procedure). 6.4 Notwithstanding the fact that a Contracting Authority has followed the procedure set out above in this Clause 6, a Contracting Authority shall be entitled at all times to decline to make an award. Nothing in this Framework Agreement shall oblige the Council or any Contracting Authority to place any Order.

Award Procedures. Awards under the Framework Agreement 4.1 If a Customer decides to source Services through the Framework Agreement Direct Awardsthen it may: 6.1 Where (a) satisfy its requirements for the Invitation to Quote allows for Standard Services by awarding a Contracting Authority to award Contract in accordance with the terms laid down in this Framework Agreement without re-opening competition; or (b) satisfy its requirements for Competed Services by awarding a Contract following a mini-competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor conducted in accordance with the method set out in requirements of Clause 4.3. 4.2 Any Customer ordering Standard Services under 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 the price(s) submitted by the Contractor in its Quote and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:-Framework Agreement without re- opening competition shall: (a) states identify the requirementsrelevant Lot which its Standard Services requirements fall into; (b) identifies send an Order to the ServicesFramework Provider ranked highest following the evaluation of its Tender as set out in Schedule 2; (c) states if the price payable in accordance with Framework Provider who was ranked highest is not able to provide the Quote submitted by Services, send an Order to the successful Contractor; andFramework Provider ranked next highest; (d) incorporates repeat the Call-Off Terms and Conditionsprocess set out in Clause 4.2(c) until the Order is fulfilled or there are no further Framework Providers qualified to fulfill it. 6.2 Where there is more than one Contractor appointed 4.3 Any Customer ordering Competed Services under the Framework Agreement shall: (or under a) identify the relevant LotLot(s) and the Invitation to Quote so specifies, a Contracting Authority shall, prior to placing an Order:that its Competed Services requirements fall into; 6.2.1 (b) identify the Contractors Framework Providers capable of performing the Call-Off Contract for the Contracting Authority’s Competed Services requirements; 6.2.2 (c) 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 where applicableGuidance; 6.2.3 (d) invite quotes tenders by conducting a mini-competition for its Competed Services requirements in accordance with the Invitation to Quote, the Regulations and Guidance where applicable and in particular: (ai) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with consult through an electronic auction or use portal with 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 Contractors Framework Providers capable of performing the Call-Off Contract for the Competed Services requirements and invite them within a specified time limit to submit an expression of interest and then if successful a quote in writing for each specific contract to be awardedSupplemental Tender; (cii) set a time limit for the receipt by it of the quotesSupplemental 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 (diii) keep each quote Supplemental Tender confidential until the expiry of the time limit for the receipt by it of quotes.the Supplemental Tenders; 6.2.4 (e) apply the Call-Off Competed Services Award Criteria, including where relevant in Criteria to any pricing the consideration of any and all additional cost(s) to the Contracting Authority, to the Contractors’ compliant quotes Supplemental Tenders submitted through the mini-competition as competition; and (f) subject to Clause 4.5 place an Order with the basis of its decision to award a Call-Off Contract for its requirementssuccessful Framework Provider. 6.3 4.4 The Contractor Supplier agrees that all quotes Supplemental Tenders submitted by the Contractor Supplier in relation to a mini-competition held pursuant to this Clause 6.2 4 shall remain open for acceptance for ninety (90) 30 days (or such other period specified in the invitation to tender issued by a Contracting Authority the relevant Customer in accordance with the Ordering Procedurethis Clause 4). 6.4 4.5 Notwithstanding the fact that a Contracting Authority the Customer has followed the procedure set out above in this Clause 6for Competed Services, the Customer may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contracting Authority shall be entitled at all times to decline to make an awardContract. Nothing in this Framework Agreement shall oblige the Council or any Contracting Authority Customer to place any OrderOrder for Services. 4.6 The Supplier acknowledges that each Customer is independently responsible for the conduct of its award of Contracts under the Framework Agreement and that the Authority is not responsible or accountable for and shall have no liability whatsoever in relation to: (a) the conduct of Other Contracting Bodies in relation to the Framework Agreement; or (b) the performance or non-performance of any Contracts between the Supplier and Other Contracting Bodies entered into pursuant to the Framework Agreement.

Award Procedures. Awards under the Framework Agreement 4.1 If the Customer decides to source Services through the Framework Agreement Direct Awardsthen it may: 6.1 Where (a) satisfy its requirements for the Invitation to Quote allows Standard Services by awarding a Contract in accordance with the terms laid down in this Framework Agreement without re-opening competition; or (b) satisfy its requirements for Competed Services by awarding a Contracting Authority to award Contract following a mini-competition conducted in accordance with the requirements of Clause 4.3. 4.2 The Customer ordering Standard Services under the Framework Agreement without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the 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 the price(s) submitted by the Contractor in its Quote and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:-: (a) states identify the requirementsrelevant Lot which its Standard Services requirements fall into; (b) identifies send an Order to the ServicesFramework 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) 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 where applicablelegislation; 6.2.3 (d) invite quotes tenders by conducting a mini-competition for its Competed Services requirements in accordance with the Invitation to Quote, the Regulations and Guidance where applicable and in particular: (a) 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; (bi) consult in writing all the Contractors Framework Providers capable of performing the Call-Off Contract for the Competed Services requirements and invite them within a specified time limit to submit a quote in writing for each specific contract to be awardedSupplemental Tender; (cii) set a time limit for the receipt by it of the quotesSupplemental 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 (diii) keep each quote Supplemental Tender confidential until the expiry of the time limit for the receipt by it of quotes.the Supplemental Tenders; 6.2.4 (e) apply the Call-Off Competed Services Award Criteria, including where relevant in Criteria to any pricing the consideration of any and all additional cost(s) to the Contracting Authority, to the Contractors’ compliant quotes Supplemental Tenders submitted through the mini-competition as competition; and (f) subject to Clause 4.5 place an Order with the basis of its decision to award a Call-Off Contract for its requirementssuccessful Framework Provider. 6.3 4.4 The Contractor Supplier agrees that all quotes Supplemental Tenders submitted by the Contractor Supplier in relation to a mini-competition held pursuant to this Clause 6.2 4. shall remain open for acceptance for ninety (90) 30 days (or such other period specified in the invitation to tender issued by a Contracting Authority the Customer in accordance with the Ordering Procedurethis Clause 4.). 6.4 4.5 Notwithstanding the fact that a Contracting Authority the Customer has followed the procedure set out above in this Clause 6for Competed Services, the Customer may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contracting Authority shall be entitled at all times to decline to make an awardContract. Nothing in this Framework Agreement shall oblige the Council or any Contracting Authority Customer to place any OrderOrder for Services.

Award Procedures. Awards under 4.1 If the Framework Authority decides to source Services through the Agreement Direct Awards 6.1 Where then it must satisfy its requirements for the Invitation to Quote allows for Services by awarding a Contracting Authority to award without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor Contract in accordance with the method terms laid down in this Agreement and particularly in accordance with the relevant Invitation to Tender and Schedule 2 (Award Criteria) to this Agreement. 4.2 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 using a mini-competition, shall: (a) identify the relevant Category(s) and geographic area that its Services requirements fall into; (b) identify the DPS Providers capable of performing the Contract for the Services requirements; (c) conduct a mini-competition seeking a Tender from eligible, invited DPS Providers by issuing an Invitation to Tender document setting out the Authority’s requirements, a copy of the proposed Contract (being a Service Instruction which incorporates by reference the Call-off Terms and Conditions) and also a deadline by which the Tender must be submitted; (d) 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 Quote, or where Tender; (e) (on conclusion of the Invitation Tender submission evaluation process) award a Contract to Quote does not specify a selection method, identify the Contractor who offers best value for money for those Services DPS Provider submitting the most economically advantageous Tender on the basis of the price(sAward 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 then the DPS Provider is deemed to have accepted the invitation and offered to enter into the Contract; and (g) where: (i) on receipt of the DPS Provider's response to 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 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 Contractor in its Quote and who Service Provider when it is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 belowan invited DPS Provider) place an Order with the successful Contractor which:-where: (a) states a DPS Provider (within the requirementsrelevant Category) is the only DPS Provider who satisfied the selection criteria to join the DPS; (b) identifies only one (1) DPS Provider within the Services;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) states the price payable 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 accordance with the Quote reasonable opinion of the Authority) and a value for money report to evidence how best value shall be delivered to the Authority. 4.5 The Service Provider agrees that each 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 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 Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicable; 6.2.3 invite quotes by conducting a mini-competition for its requirements in accordance with the Invitation to Quote, the Regulations and Guidance where applicable and in particular: (a) 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 Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a quote in writing for each specific contract to be awarded; (c) set a time limit for the receipt by it of the quotes; and (d) keep each quote confidential until the expiry of the time limit for the receipt by it of quotes. 6.2.4 apply the Call-Off Award Criteria, including where relevant in any pricing the consideration of any and all additional cost(s) to the Contracting Authority, to the Contractors’ compliant quotes submitted through the mini-competition as the basis of its decision to award a Call-Off Contract for its requirements. 6.3 The Contractor agrees that all quotes submitted by the Contractor Service Provider in relation to a mini-competition for Services held pursuant to this Clause 6.2 4 shall remain open for acceptance for ninety thirty (9030) days from the specified commencement date for such Services (or such other period specified in the invitation Invitation to Tender issued by a Contracting the Authority in accordance with the Ordering Procedurethis Clause 4). 6.4 4.6 Notwithstanding the fact that a Contracting the Authority has followed the procedure set out above in this Clause 64 for Services, the Authority may cancel, postpone, delay or end the procedure without placing a Contracting Authority shall be entitled at all times to decline to make an awardService Instruction for Services or awarding a Contract. Nothing in this Framework Agreement shall oblige the Council or any Contracting Authority to place any OrderService Instruction for Services and (subject to Clause 4.4) no DPS Provider shall be entitled to any exclusive arrangement for the delivery of Services to the Authority. 4.7 Subject to Clauses 4.1 to 4.6 above, the Authority may 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 Authority on the terms of the Contract (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. Awards under 4.1 If the Framework Authority decides to source Services through the Agreement Direct Awards 6.1 Where then it must satisfy its requirements for the Invitation to Quote allows for Services by awarding a Contracting Authority to award without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor Contract in accordance with the method terms laid down in this Agreement and particularly in accordance with the relevant Invitation to Tender and Schedule 2 (Award Criteria) to this Agreement. 4.2 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 using a mini-competition, shall: (a) identify the relevant Category(s) and geographic area that its Services requirements fall into; (b) identify the DPS Providers capable of performing the Contract for the Services requirements; (c) conduct a mini-competition seeking a Tender from eligible, invited DPS Providers by issuing an Invitation to Tender document setting out the Authority’s requirements, a copy of the proposed Contract (being a Route Instruction which incorporates by reference the Call-off Terms and Conditions) and also a deadline by which the Tender must be submitted; (d) 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 Quote, or where Tender; (e) (on conclusion of the Invitation Tender submission evaluation process) award a Contract to Quote does not specify a selection method, identify the Contractor who offers best value for money for those Services DPS Provider submitting the most economically advantageous Tender on the basis of the price(s) submitted by Award Criteria specified in the Contractor in its Quote and who is able Authority’s Invitation to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:- (a) states the requirementsTender; (bf) identifies 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 then the DPS Provider is deemed to have accepted the invitation and offered to enter into the Contract; and (g) where: (i) on receipt of the DPS Provider's response to 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 (ch) states the price payable DPS Provider shall provide the Services (being the Route Instruction) in accordance with the Quote submitted by terms of the successful Contractor; and (d) incorporates the Call-Off Terms and ConditionsContract. 6.2 Where there is more than one Contractor appointed under 4.4 The Authority may make a direct award of Services (bypassing 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 Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicable; 6.2.3 invite quotes by conducting a mini-competition for its requirements in accordance with and submission of a Tender by the Invitation to Quote, the Regulations and Guidance where applicable and in particularService Provider when it is an invited DPS Provider) where: (a) confirm prior a DPS Provider (within the relevant Category) is the only DPS Provider who satisfied the selection criteria to join 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;DPS; or (b) consult in writing all only one (1) DPS Provider within the Contractors Category is capable of performing the Call-Off Contract and invite them Services for the Authority (for example due to Service User safeguarding criteria constraints or the other DPS Providers within a specified time limit Category being ineligible to submit a quote in writing 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 each specific contract to be awarded; money (c) set a time limit for the receipt by it of the quotes; and (d) keep each quote confidential until the expiry of the time limit for the receipt by it of quotes. 6.2.4 apply the Call-Off Award Criteriaincluding benchmarked costs, including where relevant in any pricing the consideration reasonable opinion of any the Authority) and all additional cost(s) a value for money report to evidence how best value will be delivered to the Contracting Authority, to the Contractors’ compliant quotes submitted through the mini-competition as the basis of its decision to award a Call-Off Contract for its requirements. 6.3 4.5 The Contractor Service Provider agrees that all quotes each Tender submitted by the Contractor Service Provider in relation to a mini-competition for Services held pursuant to this Clause 6.2 4 shall remain open for acceptance for ninety thirty (9030) days from the specified commencement date for such Services (or such other period specified in the invitation Invitation to Tender issued by a Contracting the Authority in accordance with the Ordering Procedurethis Clause 4). 6.4 4.6 Notwithstanding the fact that a Contracting the Authority has followed the procedure set out above in this Clause 64 for Services, the Authority may cancel, postpone, delay or end the procedure without placing a Contracting Authority shall be entitled at all times to decline to make an awardRoute Instruction for Services or awarding a Contract. Nothing in this Framework Agreement shall oblige the Council or any Contracting Authority to place any OrderRoute Instruction for Services and (subject to Clause 4.4) no DPS Provider shall be entitled to any exclusive arrangement for the delivery of Services to the Authority. 4.7 Subject to Clauses 4.1 to 4.6 above, the Authority may 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 Authority on the terms of the Contract (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.