Common use of FURTHER COMPETITION PROCEDURE Contracting Body’s Obligations Clause in Contracts

FURTHER COMPETITION PROCEDURE Contracting Body’s Obligations. Any Contracting Body ordering Available Goods and Services under the Framework through a further competition shall: develop a Statement of Requirements setting out its requirements for the Available Goods and Services and identify the Framework Suppliers capable of supplying the Available Goods and Services; refine the Call-Off Terms or Lease Agreement Terms to reflect its Goods and Services Requirements only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance; invite tenders by conducting a further-competition for its Goods and Services Requirements in accordance with the Regulations and Guidance and in particular: invite the Framework Suppliers to develop a proposed statement of work (covering Goods and/or Services as applicable) setting out their respective proposals in respect of such Contracting Body's Statement of Requirements (“Statement of Work”) and invite the Framework Suppliers to submit a tender in writing for each specific contract to be awarded by giving written notice by email to the relevant Supplier Representative of each Framework Supplier; set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and keep each tender confidential until the time limit set out in paragraph 5.1.3(b) above has expired. apply the Further Competition Award Criteria to the Framework Suppliers’ compliant tenders submitted through the further competition as the basis of its decision to award a Call-Off Agreement and/or Lease Agreement for its Goods and Services Requirements; on the basis set out above, award its Goods and Services Requirements by placing an Order with the successful Framework Supplier in accordance with paragraph 6.3 which: states the Goods and Services Requirements; states the Statement of Work submitted by the successful Framework Supplier; states the charges payable for the Goods and Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and incorporates the Call-Off Terms or Lease Agreement Terms applicable to the Goods and Services, provide unsuccessful Framework Suppliers with [a debrief] [feedback] in relation to the reasons why their tenders were unsuccessful.

FURTHER COMPETITION PROCEDURE Contracting Body’s Obligations. Any Contracting Body ordering Available the Goods and Services under the this Framework Agreement through a further competition shall: develop a Statement of Requirements setting out its requirements for the Available Goods and Services and identify the Framework Suppliers capable of supplying the Available Goods and Services; refine the Call-Off Terms or Lease Agreement Terms to reflect its Goods and Services Requirements only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance; invite tenders by conducting a further-competition for its Goods and Services Requirements in accordance with the Regulations and Guidance and in particular: if an Electronic Reverse Auction (as defined in paragraph 4 below) is to be held the Contracting Body shall notify the Framework Suppliers and shall conduct the further competition in accordance with the procedures set out in paragraph 4.3; if an Electronic Reverse Auction is not used, the Contracting Body shall: invite the Framework Suppliers to develop a proposed statement Statement of work (covering Goods and/or Services as applicable) Work setting out their respective proposals in respect of such Contracting Body's Statement of Requirements (“Statement of Work”) and invite the Framework Suppliers to submit a tender in writing for each specific contract Call-Off Agreement to be awarded by giving written notice by email to the relevant Supplier Representative of each Framework Supplier; set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract Call-Off Agreement and the time needed to submit tenders; and keep each tender confidential until the time limit set out in paragraph 5.1.3(b3.1.3(b)(ii) above has expired. apply the Further Competition Award Criteria to the Framework Suppliers’ compliant tenders submitted through the further competition as the basis of its decision to award a Call-Off Agreement and/or Lease Agreement for its Goods and Services Requirements; on the basis set out above, award its Goods and Services Requirements by placing an Order with the successful Framework Supplier in accordance with paragraph 6.3 8 which: states the Goods and Services Requirements; states the Statement of Work submitted by the successful Framework Supplier; states the charges payable for the Goods and Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and incorporates the Call-Off Terms or Lease Agreement Terms applicable to the Goods and Services, provide unsuccessful Framework Suppliers with [a debrief] [feedback] feedback in relation to the reasons why their tenders were unsuccessful. The substance and form of the feedback given to unsuccessful bidders in the further competition will be at the Contracting Body’s discretion.

FURTHER COMPETITION PROCEDURE Contracting Body’s Obligations. Any Contracting Body ordering Available Goods and Services under the Framework through a further competition shall: develop a Statement of Requirements setting out its requirements for the Available Goods and Services and identify the Framework Suppliers capable of supplying the Available Goods and Services; refine the Call-Off Terms or Lease Agreement Terms to reflect its Goods and Services Requirements only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance; invite tenders by conducting a further-competition for its Goods and Services Requirements in accordance with the Regulations and Guidance and in particular: invite the Framework Suppliers to develop a proposed statement of work (covering Goods and/or Services as applicable) setting out their respective proposals in respect of such Contracting Body's Statement of Requirements (“Statement of Work”) and invite the Framework Suppliers to submit a tender in writing for each specific contract to be awarded by giving written notice by email to the relevant Supplier Representative of each Framework Supplier; set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and keep each tender confidential until the time limit set out in paragraph 5.1.3(b4.1.3(b) above has expired. apply the Further Competition Award Criteria to the Framework Suppliers’ compliant tenders submitted through the further competition as the basis of its decision to award a Call-Off Agreement and/or Lease Agreement for its Goods and Services Requirements; on the basis set out above, award its Goods and Services Requirements by placing an Order with the successful Framework Supplier in accordance with paragraph 6.3 8 which: states the Goods and Services Requirements; states the Statement of Work submitted by the successful Framework Supplier; states the charges payable for the Goods and Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and incorporates the Call-Off Terms or Lease Agreement Terms applicable to the Goods and Services, provide unsuccessful Framework Suppliers with [a debrief] [feedback] in relation to the reasons why their tenders were unsuccessful.

FURTHER COMPETITION PROCEDURE Contracting Body’s Obligations. Any Contracting Body ordering Available the Goods and Services under the this Framework Agreement through a further competition shall: develop a Statement of Requirements setting out its requirements for the Available Goods and Services and identify the Framework Suppliers capable of supplying the Available Goods and Services; refine the Call-Off Terms or Lease Agreement Terms to reflect its Goods and Services Requirements only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance; invite tenders by conducting a further-competition for its Goods and Services Requirements in accordance with the Regulations and Guidance and in particular: if an Electronic Reverse Auction (as defined in paragraph 4 below) is to be held the Contracting Body shall notify the Framework Suppliers and shall conduct the further competition in accordance with the procedures set out in paragraph 4.3; if an Electronic Reverse Auction is not used, the Contracting Body shall: invite the Framework Suppliers to develop a proposed statement of work (covering Goods and/or Services as applicable) setting out their respective proposals in respect of such Contracting Body's Statement of Requirements (“Statement of Work”) and invite the Framework Suppliers to submit a tender in writing for each specific contract to be awarded by giving written notice by email to the relevant Supplier Representative of each Framework Supplier; set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and keep each tender confidential until the time limit set out in paragraph 5.1.3(b4.1.3(b)(ii) above has expired. apply the Further Competition Award Criteria to the Framework Suppliers’ compliant tenders submitted through the further competition as the basis of its decision to award a Call-Off Agreement and/or Lease Agreement Contract for its Goods and Services Requirements; on the basis set out above, award its Goods and Services Requirements by placing an Order with the successful Framework Supplier in accordance with paragraph 6.3 7 which: states the Goods and Services Requirements; states the Statement of Work submitted by the successful Framework Supplier; states the charges payable for the Goods and Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and incorporates the Call-Off Terms or Lease Agreement Terms applicable to the Goods and Services, provide unsuccessful Framework Suppliers with [a debrief] [feedback] feedback in relation to the reasons why their tenders were unsuccessful. The substance and form of the feedback given to unsuccessful bidders in the further competition will be at the Contracting Body’s discretion.

FURTHER COMPETITION PROCEDURE Contracting Body’s Obligations. Any Contracting Body ordering Available Goods and Services under the Framework through a further competition shall: develop a Statement of Requirements setting out its requirements for the Available Goods and Services and identify the Framework Suppliers capable of supplying the Available Goods and Services; refine the Call-Off Terms or Lease Agreement Terms to reflect its Goods and Services Requirements only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance; invite tenders by conducting a further-competition for its Goods and Services Requirements in accordance with the Regulations and Guidance and in particular: invite the Framework Suppliers to develop a proposed statement of work (covering Goods and/or Services as applicable) setting out their respective proposals in respect of such Contracting Body's Statement of Requirements (“Statement of Work”) and invite the Framework Suppliers to submit a tender in writing for each specific contract to be awarded by giving written notice by email to the relevant Supplier Representative of each Framework Supplier; set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and keep each tender confidential until the time limit set out in paragraph 5.1.3(b4.1.3(b) above has expired. apply the Further Competition Award Criteria to the Framework Suppliers’ compliant tenders submitted through the further competition as the basis of its decision to award a Call-Off Agreement and/or Lease Agreement for its Goods and Services Requirements; on the basis set out above, award its Goods and Services Requirements by placing an Order with the successful Framework Supplier in accordance with paragraph 6.3 8 which: states the Goods and Services Requirements; states the Statement of Work submitted by the successful Framework Supplier; states the charges payable for the Goods and Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and incorporates the Call-Off Terms or Lease Agreement Terms applicable to the Goods and Services, provide unsuccessful Framework Suppliers with [a debrief] [feedback] debrief in relation to the reasons why their tenders were unsuccessful.

FURTHER COMPETITION PROCEDURE Contracting Body’s Obligations. Any Contracting Body ordering Available Goods and Services under the Framework through a further competition shall: develop a Statement of Requirements setting out its requirements for the Available Goods and Services and identify the Framework Suppliers capable of supplying the Available Goods and Services; refine the Call-Off Terms or Lease Agreement Terms to reflect its Goods and Services Requirements only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance; invite tenders by conducting a further-competition for its Goods and Services Requirements in accordance with the Regulations and Guidance and in particular: invite the Framework Suppliers to develop a proposed statement of work (covering Goods and/or Services as applicable) setting out their respective proposals in respect of such Contracting Body's Statement of Requirements (“Statement of Work”) and invite the Framework Suppliers to submit a tender in writing for each specific contract to be awarded by giving written notice by email to the relevant Supplier Representative of each Framework Supplier; set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and keep each tender confidential until the time limit set out in paragraph 5.1.3(b4.1.3(b) above has expired. apply the Further Competition Award Criteria to the Framework Suppliers’ compliant tenders submitted through the further competition as the basis of its decision to award a Call-Off Agreement and/or Lease Agreement Contract for its Goods and Services Requirements; on the basis set out above, award its Goods and Services Requirements by placing an Order with the successful Framework Supplier in accordance with paragraph 6.3 8 which: states the Goods and Services Requirements; states the Statement of Work submitted by the successful Framework Supplier; states the charges payable for the Goods and Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and incorporates the Call-Off Terms or Lease Agreement Terms applicable to the Goods and Services, provide unsuccessful Framework Suppliers with [a debrief] [feedback] debrief in relation to the reasons why their tenders were unsuccessful.

FURTHER COMPETITION PROCEDURE Contracting Body’s Obligations. Any Contracting Body ordering Available the Goods and Services under the this Framework Agreement through a further competition shall: develop a Statement of Requirements setting out its requirements for the Available Goods and Services and identify the Framework Suppliers capable of supplying the Available Goods and Services; refine the Call-Off Terms or Lease Agreement Terms to reflect its Goods and Services Requirements only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance; invite tenders by conducting a further-competition for its Goods and Services Requirements in accordance with the Regulations and Guidance and in particular: if an Electronic Reverse Auction (as defined in paragraph 4 below) is to be held the Contracting Body shall notify the Framework Suppliers and shall conduct the further competition in accordance with the procedures set out in paragraph 4.3; if an Electronic Reverse Auction is not used, the Contracting Body shall: invite the Framework Suppliers to develop a proposed statement of work (covering Goods and/or Services as applicable) setting out their respective proposals in respect of such Contracting Body's Statement of Requirements (“Statement of Work”) and invite the Framework Suppliers to submit a tender in writing for each specific contract to be awarded by giving written notice by email to the relevant Supplier Representative of each Framework Supplier; set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and keep each tender confidential until the time limit set out in paragraph 5.1.3(b4.1.3(b)(ii) above has expired. apply the Further Competition Award Criteria to the Framework Suppliers’ compliant tenders submitted through the further competition as the basis of its decision to award a Call-Off Agreement and/or Lease Agreement Contract for its Goods and Services Requirements; on the basis set out above, award its Goods and Services Requirements by placing an Order with the successful Framework Supplier in accordance with paragraph 6.3 6 which: states the Goods and Services Requirements; states the Statement of Work submitted by the successful Framework Supplier; states the charges payable for the Goods and Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and incorporates the Call-Off Terms or Lease Agreement Terms applicable to the Goods and Services, provide unsuccessful Framework Suppliers with [a debrief] [feedback] feedback in relation to the reasons why their tenders were unsuccessful. The substance and form of the feedback given to unsuccessful bidders in the further competition will be at the Contracting Body’s discretion.

FURTHER COMPETITION PROCEDURE Contracting Body’s Obligations. Any Contracting Body ordering Available Goods and Services under the Framework through a further competition shall: develop a Statement of Requirements setting out its requirements for the Available Goods and Services and identify the Framework Suppliers Service Providers capable of supplying the Available Goods and Services; refine the Call-Off Terms or Lease Agreement Terms to reflect its Goods and Services Requirements only to the extent permitted by and in accordance with the Special Terms (“Special Terms”) and/or Variations required by the Customer at point of order; and requirements of the Regulations and GuidanceGuidance (“Regulations”); invite tenders by conducting a further-further competition for its Goods and Services Requirements in accordance with the Regulations and Guidance and in particular: invite the Framework Suppliers Service Providers to develop a proposed statement of work (covering Goods and/or Services as applicable) setting out their respective proposals in respect of such Contracting Body's Statement of Requirements (“Statement of Work”) and invite the Framework Suppliers Service Providers to submit a tender in writing for each specific contract to be awarded by giving written notice by email to the relevant Supplier Service Provider Representative of each Framework SupplierService Provider; set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and keep each tender confidential until the time limit set out in paragraph 5.1.3(b3.1.3(b) above has expired. apply the Further Competition Award Criteria to the Framework SuppliersService Providers’ compliant tenders submitted through the further competition as the basis of its decision to award a Call-Off Agreement and/or Lease Agreement Contract for its Goods and Services Requirements; on the basis set out above, award its Goods and Services Requirements by placing an Order with the successful Framework Supplier Service Provider in accordance with paragraph 6.3 6 which: states the Goods and Services Requirements; states the Statement of Work submitted by the successful Framework SupplierService Provider; states the charges price payable for the Goods and Services Requirements in accordance with the tender submitted by the successful Framework SupplierService Provider; and incorporates the Call-Off Terms or Lease Agreement Terms applicable to the Goods and Services, provide unsuccessful Framework Suppliers Service Providers with [a debrief] [feedback] in relation to the reasons why their tenders were unsuccessful. The Contracting Body will provide Service Providers with an opportunity to make its own enquiries to satisfy itself as to the accuracy and adequacy of any information supplied to it by or on behalf of the Contracting Body. The Service Provider's Obligations The Service Provider will in writing, by the time and date specified by the Contracting Body in accordance with paragraph 3.1.3(b) provide the Contracting Body with either: a statement to the effect that it does not wish to tender in relation to the relevant Goods and Services Requirements; or the Statement of Work and full details of its tender made in respect of the relevant Statement of Requirements. In the event that the Service Provider submits a Statement of Work, it should include, as a minimum: an email response subject line to comprise unique reference number and Service Provider name, so as to clearly identify the Service Provider; a brief summary, in the email, stating whether or not the Service Provider is bidding for the Statement of Requirements; a proposal covering the Goods and Services Requirements. 1[CVs of Key Personnel – as a minimum any lead consultant, with others, as considered appropriate along with required staff levels;] and confirmation of discounts applicable to the work, as referenced in Framework Schedule 3 (Pricing Matrices). The Service Provider shall ensure that any prices submitted in relation to a further competition held pursuant to this paragraph 3 shall be based on the Charging Structure and take into account any discount to which the Contracting Body may be entitled as set out in Framework Schedule 3 (Pricing Matrices). The Service Provider agrees that: all tenders submitted by the Service Provider in relation to a further competition held pursuant to this paragraph 3 shall remain open for acceptance by the Contracting Authority for ninety (90) days (or such other period specified in the invitation to tender issued by the relevant Contracting Body in accordance with the Ordering Procedure); and all tenders submitted by the Service Provider are made in good faith and that the Service Provider has not fixed or adjusted the amount of the offer by or in accordance with any agreement or arrangement with any other person. The Service Provider certifies that it has not and undertakes that it will not: communicate to any person other than the person inviting these offers the amount or approximate amount of the offer, except where the disclosure, in confidence, of the approximate amount of the offer was necessary to obtain quotations required for the preparation of the offer; and enter into any arrangement or agreement with any other person that he or the other person(s) shall refrain from making an offer or as to the amount of any offer to be submitted. Two or more failures by the Service Provider to accept Customer Orders submitted to it pursuant to this Framework Agreement in any rolling period of twelve (12) months will be deemed a Consistent Failure.