Common use of Further Competition Procedure Clause in Contracts

Further Competition Procedure. Contracting Body's Obligations 3.1 Any Contracting Body awarding a Call Off Agreement under this Framework Agreement through a Further Competition Procedure shall: 3.1.1 develop a Statement of Requirements setting out its requirements for the Goods and/or Services and identify the Framework Suppliers capable of supplying the Goods and/or Services; 3.1.2 amend or refine the Template Call Off Form and Template Call Off Terms to reflect its Goods and/or Services Requirements only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance; 3.1.3 invite tenders by conducting a Further Competition Procedure for its Goods and/or Services Requirements in accordance with the Regulations and Guidance and in particular: (a) if an Electronic Reverse Auction (as defined in paragraph 4 below) is to be held the Contracting Body shall notify the Framework Suppliers identified in accordance with paragraph 3.1.1 and shall conduct the Further Competition Procedure in accordance with the procedures set out in paragraph 4.3; 3.1.4 apply the Further Competition Award Criteria to the Framework Suppliers' compliant tenders submitted through the Further Competition Procedure as the basis of its decision to award a Call Off Agreement for its Goods and/or Services Requirements; 3.1.5 on the basis set out above, award its Call Off Agreement to the successful Framework Supplier in accordance with paragraph 7 which Call Off Agreement shall: (a) state the Goods and/or Services Requirements; (b) state the tender submitted by the successful Framework Supplier; (c) state the charges payable for the Goods and/or Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and (d) incorporate the Template Call Off Form and Template Call Off Terms (as may be amended or refined by the Contracting Body in accordance with paragraph 3.1.2 above) applicable to the Goods and/or Services, 3.1.6 provide unsuccessful Framework Suppliers with written feedback in relation to the reasons why their tenders were unsuccessful. 3.2 The Supplier shall in writing, by the time and date specified by the Contracting Body following an invitation to tender pursuant to paragraph 3.1.3 above provide the Contracting Body with either: 3.2.1 a statement to the effect that it does not wish to tender in relation to the relevant Goods and/or Services Requirements; or 3.2.2 the full details of its tender made in respect of the relevant Statement of Requirements. In the event that the Supplier submits such a tender, it should include, as a minimum: (a) an email response subject line to comprise unique reference number and Supplier name, so as to clearly identify the Supplier; (b) a brief summary, in the email (followed by a confirmation letter), stating that the Supplier is bidding for the Statement of Requirements; (c) a proposal covering the Goods and/or Services Requirements. 3.2.3 The Supplier shall ensure that any prices submitted in relation to a Further Competition Procedure 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 (Charging Structure). 3.2.4 The Supplier agrees that: (a) all tenders submitted by the Supplier in relation to a Further Competition Procedure held pursuant to this paragraph 3 shall remain open for acceptance by the Contracting Body for ninety

Further Competition Procedure. Contracting Body's Obligations 3.1 Any Contracting Body awarding a Call Call-Off Agreement under this Framework Agreement through a Further Competition Procedure shall: 3.1.1 develop a Statement of Requirements setting out its requirements for the Goods and/or Services and identify the Framework Suppliers capable of supplying the Goods and/or Services; 3.1.2 amend or refine the Template Call Off Form and Template Call Off Terms to reflect its Goods and/or Services Requirements requirements only to the extent permitted by this Framework Agreement and in accordance with the requirements of the Regulations and Guidance; 3.1.3 invite tenders by conducting a Further Competition Procedure for its Goods and/or Services Requirements requirements in accordance with the Regulations and Guidance and in particular: (a) if an Electronic Reverse Auction (as defined in paragraph 4 below) is to be held the Contracting Body shall notify the Framework Suppliers identified in accordance with paragraph paragraph 3.1.1 and shall conduct the Further Competition Procedure in accordance with the procedures set out in paragraph 4.34.3 or (b) if an Electronic Reverse Auction is not used, the Contracting Body shall: (i) invite the Framework Suppliers identified in accordance with paragraph 3.1.1 to submit a tender in writing for each proposed Call- Off Agreement to be awarded by giving written notice by email to the relevant Supplier Representative of each Framework Supplier; (ii) 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 proposed Call-Off Agreement and the time needed to submit tenders; and (iii) keep each tender confidential until the time limit set out for the return of tenders has expired.] 3.1.4 apply the Further Competition Award Criteria to the Framework Suppliers' compliant tenders submitted through the Further Competition Procedure as the basis of its decision to award a Call Call-Off Agreement for its Goods and/or Services Requirements; 3.1.5 on the basis set out above, award its Call Call-Off Agreement to the successful Framework Supplier in accordance with paragraph 7 which Call Call-Off Agreement shall: (a) state the Goods and/or Services Requirements; (b) state the tender submitted by the successful Framework Supplier; (c) state the charges payable for the Goods and/or Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and (d) incorporate the Template Call Off Form and Template Call Off Terms (as may be amended or refined by the Contracting Body in accordance with paragraph 3.1.2 above) applicable to the Goods and/or Services, 3.1.6 provide unsuccessful Framework Suppliers with written feedback in relation to the reasons why their tenders were unsuccessful. 3.2 The Supplier shall in writing, by the time and date specified by the Contracting Body following an invitation to tender pursuant to paragraph 3.1.3 above provide the Contracting Body with either: 3.2.1 a statement to the effect that it does not wish to tender in relation to the relevant Goods and/or Services Requirements; or 3.2.2 the full details of its tender made in respect of the relevant Statement of Requirements. In the event that the Supplier submits such a tender, it should include, as a minimum: (a) an email response subject line to comprise unique reference number and Supplier name, so as to clearly identify the Supplier; (b) a brief summary, in the email (followed by a confirmation letter), stating that the Supplier is bidding for the Statement of Requirements; (c) a proposal covering the Goods and/or Services Requirements. 3.2.3 The Supplier shall ensure that any prices submitted in relation to a Further Competition Procedure 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 (Charging Structure). 3.2.4 The Supplier agrees that: (a) all tenders submitted by the Supplier in relation to a Further Competition Procedure held pursuant to this paragraph 3 shall remain open for acceptance by the Contracting Body for ninety

Further Competition Procedure. Contracting BodyAuthority(s)'s Obligations 3.1 Any Contracting Body Authority(s) awarding a Call Call-Off Agreement under this Framework Agreement through a Further Competition Procedure shall: 3.1.1 develop a Statement of Requirements setting out its requirements for the Goods and/or Vehicle Hire Services and identify the Framework Suppliers capable of supplying the Goods and/or Services; 3.1.2 amend or refine the Template Call Call-Off Form and Template Call Call-Off Terms to reflect its Goods and/or Vehicle Hire Services Requirements only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance; 3.1.3 invite tenders by conducting a Further Competition Procedure for its Goods and/or Vehicle Hire Services Requirements in accordance with the Regulations and Guidance and in particular: (a) if an Electronic Reverse Auction (as defined in paragraph 4 below) is to be held held, the Contracting Body Authority(s) shall notify the Framework Suppliers identified in accordance with paragraph paragraph 3.1.1 and shall conduct the Further Competition Procedure in accordance with the procedures set out in paragraph 4.3; or (b) if an Electronic Reverse Auction is not used, the Authority(s) shall: (i) invite the Framework Suppliers identified in accordance with paragraph 3. 1.1 to submit a tender in writing for each proposed Call-Off Agreement to be awarded by giving written notice by email to the relevant Supplier Representative of each Framework Supplier; (ii) 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 proposed Call-Off Agreement and the time needed to submit tenders; and (iii) keep each tender confidential until the time limit set out for the return of tenders has expired. 3.1.4 apply the Further Competition Award Criteria to the Framework Suppliers' compliant tenders submitted through the Further Competition Procedure as the basis of its decision to award a Call Call-Off Agreement for its Goods and/or Vehicle Hire Services Requirements; 3.1.5 on the basis set out above, award its Call Call-Off Agreement to the successful Framework Supplier in accordance with paragraph 7 which Call Call-Off Agreement shall: (a) state the Goods and/or Vehicle Hire Services Requirements; (b) state the tender submitted by the successful Framework Supplier; (c) state the charges payable for the Goods and/or Vehicle Hire Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and (d) incorporate the Template Call Call-Off Form and Template Call Call-Off Terms (as may be amended or refined by the Contracting Body Authority(s) in accordance with paragraph 3.1.2 above) applicable to the Goods and/or Services, 3.1.6 provide unsuccessful Framework Suppliers with written feedback in relation to the reasons why their tenders were unsuccessful. 3.2 The Supplier shall in writing, by the time and date specified by the Contracting Body following an invitation to tender pursuant to paragraph 3.1.3 above provide the Contracting Body with either: 3.2.1 a statement to the effect that it does not wish to tender in relation to the relevant Goods and/or Services Requirements; or 3.2.2 the full details of its tender made in respect of the relevant Statement of Requirements. In the event that the Supplier submits such a tender, it should include, as a minimum: (a) an email response subject line to comprise unique reference number and Supplier name, so as to clearly identify the Supplier; (b) a brief summary, in the email (followed by a confirmation letter), stating that the Supplier is bidding for the Statement of Requirements; (c) a proposal covering the Goods and/or Services Requirements. 3.2.3 The Supplier shall ensure that any prices submitted in relation to a Further Competition Procedure 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 (Charging Structure). 3.2.4 The Supplier agrees that: (a) all tenders submitted by the Supplier in relation to a Further Competition Procedure held pursuant to this paragraph 3 shall remain open for acceptance by the Contracting Body for ninety

Further Competition Procedure. Contracting Body's Panel Customer’s Obligations 3.1 4.1 Any Contracting Body Panel Customer awarding a Call Off Agreement Legal Services Contract under this Framework Panel Agreement through a Further Competition Procedure shall: 3.1.1 4.1.1 develop a Statement of Requirements setting out its requirements for the Goods and/or Services and Panel Services; and 4.1.2 subject to paragraph 4.2 (below), identify the Framework Suppliers Panel suppliers capable of supplying the Goods and/or Servicesrequired Panel Services using the Panel suppliers’ Prospectuses; 3.1.2 amend or refine the Template Call Off Form and Template Call Off Terms to reflect its Goods and/or Services Requirements only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance; 3.1.3 4.1.3 invite tenders by conducting a Further Competition Procedure for its Goods and/or Services Requirements requirements in accordance with the Regulations and Guidance and in particularguidance and: (a) 4.1.4 if an Electronic Reverse Auction (as defined in paragraph 4 5 below) is to be held the Contracting Body shall held, notify the Framework Suppliers identified in accordance with paragraph 3.1.1 paragraph 4.1.2 and shall conduct the Further Competition Procedure procedure in accordance with the procedures set out in paragraph 4.35.3; or 4.1.5 if an Electronic Reverse Auction is not used: (a) invite the Panel suppliers identified in accordance with paragraph 4.1.1 to submit a tender in writing for each proposed Legal Services Contract to be awarded by giving written notice to the relevant Supplier Representative of each supplier; 3.1.4 (b) set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the proposed Legal Services Contract and the time needed to submit tenders; and (c) keep each tender confidential until the time limit set out for the return of tenders has expired. 4.1.6 apply the Further Competition Award Criteria to the Framework SuppliersPanel suppliers' compliant tenders submitted through the Further Competition Procedure as the basis of its decision to award a Call Off Agreement for its Goods and/or Legal Services RequirementsContract; 3.1.5 4.1.7 on the basis set out above, award its Call Off Agreement Legal Services Contract to the successful Framework Supplier in accordance with paragraph 7 which Call Off Agreement 8 below, the Legal Services Contract shall: (a) state describe the Goods and/or Ordered Panel Services Requirements;required, which may be either in the nature of a general requirement for legal support in any of the Ordered Panel Services, or a Statement of Requirements identifying and specifying the Ordered Panel Services required; and (b) state describe the tender submitted by the successful Framework Supplier; (c) state the charges Charges payable for the Goods and/or Ordered Panel Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and (d) incorporate the Template Call Off Form and Template Call Off Terms (as may be amended or refined by the Contracting Body in accordance with paragraph 3.1.2 above) applicable to the Goods and/or Services, 3.1.6 4.1.8 provide unsuccessful Framework Suppliers Panel suppliers with written feedback within thirty (30) days of the date of award in relation to the reasons why their tenders were unsuccessful. 3.2 4.2 Any Panel Customer intending to award a Legal Services Contract under this Panel Agreement through a Further Competition Procedure shall either: 4.2.1 invite all Panel suppliers to tender for the required Panel Services; or 4.2.2 identify and invite to tender the suppliers from the relevant tier capable of supplying the required Panel Services using the suppliers’ Prospectuses, further to paragraph 4.1.2 (above). If any Panel Customer is not able to identify and invite at least four (4) such suppliers, it shall follow the procedure set out at paragraph 4.2.1 (above) and invite all suppliers to tender for the required Panel Services. 4.3 The Supplier shall in writing, by the time and date specified by the Contracting Body Panel Customer following an invitation to tender pursuant to paragraph 3.1.3 above 4.1.3 above, provide the Contracting Body Panel Customer with either: 3.2.1 4.3.1 a statement to the effect that it does not wish is unable to tender in relation to for one of the relevant Goods and/or reasons described at paragraph 3.2.1 of Part A (Panel Services) of Panel Agreement Schedule 2 (Panel Services Requirementsand Key Performance Indicators); or 3.2.2 4.3.2 the full details of its tender made in respect of the relevant Statement of Requirements. In the event that the Supplier submits such a tender, it should include, as a minimum: (a) an email response subject line to comprise a unique reference number and Supplier name, so as to clearly identify the Supplier; (b) a brief summary, in the email (followed by a confirmation letter), stating that the Supplier is bidding for in response to the Panel Customer’s Statement of Requirements; (c) a proposal covering the Goods and/or Services Panel Customer’s Statement of Requirements. 3.2.3 (d) summary CVs of Key Personnel – as a minimum any lead lawyer, with others, as considered appropriate along with required staff levels; and (e) confirmation of the Charges, whether fixed price, capped price, Panel Prices including discounts (if any) for the proposed Panel Services, or any combination of the above. 4.3.3 The Supplier shall ensure that any prices submitted in relation to a Further Competition Procedure held pursuant to this paragraph 3 4 shall be based on no higher than the Charging Structure Panel Prices and take into account any discount to which the Contracting Body Panel Customer may be entitled as set out in Framework Panel Agreement Schedule 3 (Framework Prices and Charging Structure). 3.2.4 4.3.4 The Supplier agrees that: (a) all tenders submitted by the Supplier in relation to a Further Competition Procedure held pursuant to this paragraph 3 4 shall remain open for acceptance by the Contracting Body Panel Customer for ninetyninety (90) Working Days (or such other period specified in the invitation to tender issued by the relevant Panel Customer in accordance with the Ordering Procedure); and (b) all tenders submitted by the Supplier are made and will be made in good faith and that the Supplier has not fixed or adjusted and will not fix or adjust the price of the tender by or in accordance with any agreement or arrangement with any other person. The Supplier certifies that it has not and undertakes that it will not: i. communicate to any person other than the person inviting these tenders the amount or approximate amount of the tender, except where the disclosure, in confidence, of the approximate amount of the tender was necessary to obtain quotations required for the preparation of the tender; and ii. enter into any arrangement or agreement with any other person that he or the other person(s) shall refrain from submitting a tender or as to the amount of any tenders to be submitted.

Further Competition Procedure. Contracting Body's Obligations 3.1 Any Contracting Body awarding a Call Call-Off Agreement under this Framework Agreement through a Further Competition Procedure shall: 3.1.1 develop a Statement of Requirements setting out its requirements for the Goods and/or Services and identify the Framework Suppliers capable of supplying the Goods and/or Services; 3.1.2 amend or refine the Template Call Off Form and Template Call Off Terms to reflect its Goods and/or Services Requirements requirements only to the extent permitted by this Framework Agreement and in accordance with the requirements of the Regulations and Guidance; 3.1.3 invite tenders by conducting a Further Competition Procedure for its Goods and/or Services Requirements requirements in accordance with the Regulations and Guidance and in particular: (a) if an Electronic Reverse Auction (as defined in paragraph 4 below) is to be held the Contracting Body shall notify the Framework Suppliers identified in accordance with paragraph paragraph 3.1.1 and shall conduct the Further Competition Procedure in accordance with the procedures set out in paragraph 4.34.3 or (b) if an Electronic Reverse Auction is not used, the Contracting Body shall: (i) invite the Framework Suppliers identified in accordance with paragraph 3.1.1 to submit a tender in writing for each proposed Call-Off Agreement to be awarded by giving written notice by email to the relevant Supplier Representative of each Framework Supplier; (ii) 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 proposed Call-Off Agreement and the time needed to submit tenders; and (iii) keep each tender confidential until the time limit set out for the return of tenders has expired.] 3.1.4 apply the Further Competition Award Criteria to the Framework Suppliers' compliant tenders submitted through the Further Competition Procedure as the basis of its decision to award a Call Call-Off Agreement for its Goods and/or Services Requirements; 3.1.5 on the basis set out above, award its Call Call-Off Agreement to the successful Framework Supplier in accordance with paragraph 7 which Call Call-Off Agreement shall: (a) state the Goods and/or Services Requirements; (b) state the tender submitted by the successful Framework Supplier; (c) state the charges payable for the Goods and/or Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and (d) incorporate the Template Call Off Form and Template Call Off Terms (as may be amended or refined by the Contracting Body in accordance with paragraph 3.1.2 above) applicable to the Goods and/or Services, 3.1.6 provide unsuccessful Framework Suppliers with written feedback in relation to the reasons why their tenders were unsuccessful. 3.2 The Supplier shall in writing, by the time and date specified by the Contracting Body following an invitation to tender pursuant to paragraph 3.1.3 above provide the Contracting Body with either: 3.2.1 a statement to the effect that it does not wish to tender in relation to the relevant Goods and/or Services Requirements; or 3.2.2 the full details of its tender made in respect of the relevant Statement of Requirements. In the event that the Supplier submits such a tender, it should include, as a minimum: (a) an email response subject line to comprise unique reference number and Supplier name, so as to clearly identify the Supplier; (b) a brief summary, in the email (followed by a confirmation letter), stating that the Supplier is bidding for the Statement of Requirements; (c) a proposal covering the Goods and/or Services Requirements. 3.2.3 The Supplier shall ensure that any prices submitted in relation to a Further Competition Procedure 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 (Charging Structure). 3.2.4 The Supplier agrees that: (a) all tenders submitted by the Supplier in relation to a Further Competition Procedure held pursuant to this paragraph 3 shall remain open for acceptance by the Contracting Body for ninety

Further Competition Procedure. Contracting Body's Obligations 3.1 Any Contracting Body awarding a Call Call-Off Agreement under this Framework Agreement through a Further Competition Procedure shall: 3.1.1 develop a Statement of Requirements setting out its requirements for the Goods and/or Services and identify the Framework Suppliers capable of supplying the Goods and/or Services; 3.1.2 amend or refine the Template Call Off Form and Template Call Off Terms to reflect its Goods and/or Services Requirements requirements only to the extent permitted by this Framework Agreement and in accordance with the requirements of the Regulations and Guidance; 3.1.3 invite tenders by conducting a Further Competition Procedure for its Goods and/or Services Requirements requirements in accordance with the Regulations and Guidance and in particular: (a) if an Electronic Reverse Auction (as defined in paragraph 4 below) is to be held the Contracting Body shall notify the Framework Suppliers identified in accordance with paragraph paragraph 3.1.1 and shall conduct the Further Competition Procedure in accordance with the procedures set out in paragraph 4.34.3 or (b) if an Electronic Reverse Auction is not used, the Contracting Body shall: (i) invite the Framework Suppliers identified in accordance with paragraph 3.1.1 to submit a tender in writing for each proposed Call-Off Agreement to be awarded by giving written notice by email to the relevant Supplier Representative of each Framework Supplier; (ii) 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 proposed Call-Off Agreement and the time needed to submit tenders; and (iii) keep each tender confidential until the time limit set out for the return of tenders has expired.] 3.1.4 apply the Further Competition Award Criteria to the Framework Suppliers' compliant tenders submitted through the Further Competition Procedure as the basis of its decision to award a Call Call-Off Agreement for its Goods and/or Services Requirements; 3.1.5 on the basis set out above, award its Call Call-Off Agreement to the successful Framework Supplier in accordance with paragraph 7 which Call Call-Off Agreement shall: (a) state the Goods and/or Services Requirements; (b) state the tender submitted by the successful Framework Supplier; (c) state the charges payable for the Goods and/or Services Requirements in accordance with the tender submitted by the successful Framework Supplier; and (d) incorporate the Template Call Off Form and Template Call Off Terms (as may be amended or refined by the Contracting Body in accordance with paragraph 3.1.2 above) applicable to the Goods and/or Services, 3.1.6 provide unsuccessful Framework Suppliers with written feedback in relation to the reasons why their tenders were unsuccessful. 3.2 The Supplier shall in writing, by the time and date specified by the Contracting Body following an invitation to tender pursuant to paragraph 3.1.3 above provide the Contracting Body with either: 3.2.1 a statement to the effect that it does not wish to tender in relation to the relevant Goods and/or Services Requirements; or 3.2.2 the full details of its tender made in respect of the relevant Statement of Requirements. In the event that the Supplier submits such a tender, it should include, as a minimum: (a) an email response subject line to comprise unique reference number and Supplier name, so as to clearly identify the Supplier; (b) a brief summary, in the email (followed by a confirmation letter), stating that the Supplier is bidding for the Statement of Requirements; (c) a proposal covering the Goods and/or Services Requirements. 3.2.3 The Supplier shall ensure that any prices submitted in relation to a Further Competition Procedure 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 (Charging Structure). 3.2.4 The Supplier agrees that: (a) all tenders submitted by the Supplier in relation to a Further Competition Procedure held pursuant to this paragraph 3 shall remain open for acceptance by the Contracting Body for ninety