HR Management System · UK public procurement notice

The Northern Ireland Assembly Commission intend to directly award a contract under section 41(6) and Schedule 5 of the

Procurement Act 2023 (‘the 2023 Act’) and is therefore publishing this transparency notice.

Section 41 provides that a contracting authority may award a public contract

directly if a direct award justification applies. The direct award justifications are

set out in Schedule 5 and include:

• Prototypes and development – procuring a prototype or other novel

good or service with the contract limited to the early stages of design

and development

• Single suppliers – there are three sub-headings to this:

o Creation or acquisition of a unique work of art or artistic

performance

o Possession of intellectual property or other exclusive rights and

there are no reasonable alternatives

o Only a particular supplier can supply the goods, services or

works required due to an absence of competition for technical

reasons or there are no reasonable alternatives

• Additional or repeat goods, services or works – this is an award to an

existing supplier where there is a need to buy additional or partly

replace existing goods, services or works which are the same or

compatible with existing provisions. There is also provision in this

heading where provision was made in the original tender for

subsequent procurement by way of direct award, within 5 years of the

tender

• Purchase of commodities
• Advantageous terms on insolvency
• Urgency – where the goods, services or works are strictly necessary

for reasons of extreme and unavoidable urgency. The urgency is

unavoidable if it is not attributable to any act or omission of the

contracting authority, and could not have been foreseen by the

contracting authority. The Government guidance states that

unavoidable urgency does not include where there is not enough time

to undertake a re-procurement of a contract,

• User choice contracts – intended for contract such as for the provision

of personal care.

• Defence and security

The Northern Ireland Assembly Commission intend to proceed with this direct award on the basis of legal advice and Schedule 5 paragraph 7 of the Procurement Act 2023.

‘The public contract concerns the supply of goods, services or

works by the existing supplier which are intended as an

extension to, or partial replacement of, existing goods, services

or works in circumstances where—

(a) a change in supplier would result in the contracting

authority receiving goods, services or works that are

different from, or incompatible with, the existing goods,

services or works, and

(b) the difference or incompatibility would result in

disproportionate technical difficulties in operation or

maintenance.’