TEC Enabled Discharge Monitoring Service

5 Award Procedures

5.1 Awards under the Framework Agreement

5.1.1 During the Framework Term, on identifying the need for Framework Services the Authority may:

(a) satisfy its requirements for the Framework Services by awarding a Call-Off Agreement in accordance with the terms laid down in this Framework Agreement without re-opening competition; and/or

(b) satisfy its requirements for Framework Services by awarding a Call-Off Agreement following a mini-competition conducted in accordance with the requirements of ‎5.3.

5.2 Awards without re-opening competition

5.2.1 The Authority may instruct the performance of the Framework Services by selecting a Framework Provider from the relevant Lot without re-opening competition in the following circumstances and based on the following objective mechanisms:

(a) where only one Framework Provider can deliver the Framework Services in the relevant Lot required by the Authority in the geographical location in which the Services are to be performed, to that Framework Provider; or

(b) where due to urgency brought about by unforeseeable events and for reasons not attributable to the Authority, the time limits for a competitive procedure in accordance with clause ‎5.3 cannot be complied with, to the Framework Provider with the highest overall ranking of Framework Providers; or

(c) in all circumstances, to one of the three highest ranking active Framework Providers (measured by way of their evaluated tender score in respect of the relevant Lot) a repeating "taxi-rank" basis commencing with the highest ranking Framework Provider.

5.2.2 As part of the procedure referred to in this clause ‎5.2 the Provider shall:

(a) confirm its prices in respect of the performance of the Framework Services; and

(b) enter into the Call-Off Agreement pursuant to clause ‎5.7.

5.3 Awards following mini competitions

5.3.1 The Authority ordering Framework Services by way of mini-competition under this Framework Agreement shall:

(a) identify the relevant Lot(s) that the required Framework Services fall into;

(b) identify the Framework Provider(s) in the relevant Lot capable of performing the required Framework Services (which may include a selection process that uses conditions of participation as described in section 46 PA23);

(c) invite tenders by conducting a mini-competition for its Framework Services requirements in accordance with the PA23 and Guidance and in particular:

i consult in writing the Framework Providers capable of performing the Call-Off Agreement for the Framework Services requirements and invite them, by way of a Call-Off Request within a specified time limit to submit a specific tender for those Framework Services requirements (a Supplemental Tender);

ii set a time limit for the receipt by it of the Supplemental Tenders which takes into account factors such as the complexity of the subject matter of the Call-Off Agreement and the time needed to submit tenders; and

iii keep each Supplemental Tender confidential until the expiry of the time limit for the receipt by it of the Supplemental Tenders;

(d) apply specified mini-competition award criteria to any compliant Supplemental Tenders submitted through the mini-competition; and

(e) subject to clause ‎5.3.3, conclude a Call-Off Agreement with the successful Framework Provider pursuant to clause ‎5.7.1.

5.3.2 The Provider agrees that all Supplemental Tenders submitted by the Provider in relation to a mini-competition held pursuant to this clause 5.3 shall remain open for acceptance for 90 days or such other period specified by the Authority when launching the mini-competition.

5.3.3 Notwithstanding the fact that the Authority has followed the procedure set out in clause ‎5.3.1 for running a mini-competition, the Authority may cancel, postpone, delay or end the procedure without placing awarding a Call-Off Agreement.

5.4 Form of Call-Off Request

Subject to clause ‎5.1 to clause ‎5.3, the Authority may issue a Call-Off Request with the Provider by serving an order in writing containing sufficient details as to describe it requirement for the Framework Services (or part thereof) including systems of ordering involving e-mail or other online solutions.

5.5 Accepting and declining Call-Off Requests

5.5.1 Following receipt of a Call-Off Request, the Provider shall promptly and in any event within the period determined by the Authority and notified to the Provider in writing at the same time as the publication of the Call-Off Request notify the Authority whether it is able to fulfil the Call-Off Request.

5.5.2 If the Provider:

(a) notifies the Authority that it is unable to fulfil a Call-Off Request; or

(b) the time limit referred to in clause ‎5.5.1 has expired,

then the Call-Off Request shall lapse and the Authority may then send that Call-Off Request to another Framework Provider in accordance with the procedure set out in clause ‎5.2 (with the Provider being excluded from consideration for that procedure in respect of such re-issued Call-Off Request).

5.6 The Parties acknowledge and agree that the issue of a Call-Off Request is an "invitation to treat" by the Authority. Orders placed for the performance of the Framework Services shall be made legally binding using the Call-Off Agreement which shall come into effect only when executed by the relevant Authority and the Provider.

5.7 Call-Off Agreement

5.7.1 Following an award under this Framework Agreement in accordance with clause ‎5 the Provider shall enter into a Call-Off Agreement

5.7.2 The Provider shall within five (5) Business Days of receipt of engrossments of the Call-Off Agreement from the Authority, execute the Call-Off Agreement and return the same to the Authority. Thereafter, the Authority will execute the Call-Off Agreement.