European Union Legislation and Procurement Reform (Scotland) Act 2014: reference pack

8. Techniques and Instruments for Electronic and Aggregated Procurement

Framework Agreements

The maximum duration of a framework agreement is maintained at 4 years, other than in exceptional justified cases. For clarification, the duration of the individual contracts based on a framework agreement does not need to coincide with the duration of that framework agreement, but might be shorter or longer.

Please note that if you are awarding a contract, the duration of which will be out with the term of the framework agreement, you should be able to justify why you have closed off the market to competition for longer.

Mini-competitions (call-off contracts) may only be run by public bodies clearly identified as being able to buy from the Framework Agreement and must only involve suppliers party to the concluded Framework.

Dynamic Purchasing Systems

A Dynamic Purchasing System is a completely electronic mechanism through which a contracting authority may buy goods, services or works and is open throughout its period of validity to any economic operator who fulfills the selection criteria. DPS now require the use of the Restricted Procedure (with the caveat that you cannot restrict the number of candidates who qualify) where previously the Open Procedure was required. Suppliers are able to be added to a DPS at any time throughout the period of arrangement, following assessment of the relevant selection criteria.

The requirement to advertise a call off contract in the OJEU has been removed. There is no longer any fixed duration for a Dynamic Purchasing System. Public bodies can ask for an updated European Single Procurement Document ( ESPD) at any time during the period that the DPS is valid. The ESPD is a new form of self-declaration which an economic operator can provide at the initial stage of the selection process. Further information on the ESPD will be set out in a later chapter of this document which covers the changes to the Selection Stage.

The period that the DPS shall be valid must be indicated in the call for competition. Any changes to the period that the DPS shall be valid must be notified to the Commission. Dynamic Purchasing Systems can also be created under the Reform Act.

Electronic Catalogues

Where there is a requirement for the use of electronic means of communication, public bodies can require that tenders are presented in the format of an electronic catalogue, or that an electronic catalogue is included. Please note that the chosen format cannot be restrictive.

Tenders can be sought by public bodies in eCatalogue form, provided that the call for competition made this clear and also specified the required technical format, equipment, connection requirements, etc.

eCatalogues may also be used:

• where multi-supplier frameworks have been concluded on the basis of eCatalogues, the reopening of competition for a particular contract may be achieved by seeking updated eCatalogues.
• when awarding contracts based on a Dynamic Purchasing System by requiring that offers are presented in the format of an electronic catalogue.

Occasional Joint Procurement

Where two or more public bodies decide to undertake a joint procurement, in the name of all the public bodies concerned, they shall be jointly responsible for ensuring that they comply with the legislation. This also applies in cases where one public body manages the procedure, acting on its own behalf and on the behalf of the other public bodies concerned.

Where a procurement procedure is not in its entirety carried out in the name and on behalf of the public bodies concerned, they shall be jointly responsible only for those parts carried out jointly.

Each contracting authority shall have sole responsibility for fulfilling its obligations pursuant to the Regulations in respect of the parts it conducts in its own name and on its own behalf.

QUIZ

Question 11

When do the sustainable procurement duty rules on supported businesses, publication on PCS and mandatory exclusions apply to framework agreements and related contracts, which are equal to or more than the Reform Act thresholds but less than the EU advertising thresholds? (please select one answer):

a) In the development of the framework

b) In the development of the framework and call offs from that agreement

c) In the development of call offs from the agreement.

Question 12

Where two or more public bodies decide to undertake a joint procurement which in its entirety, is carried out jointly and in the name of all the public bodies concerned, which body or bodies are responsible for ensuring compliance with procurement regulations? (please select one answer):

a) The largest public body

b) The first named public body

c) The body that managed the procurement procedure

d) The public bodies will have joint responsibility.