Project Development amp Support Ltd

ldquoThe Handy Guiderdquo

Tenderingand

Procurement

to

Updated March 2012

Project Development amp Support Ltd

2

ContentsGuidance on the principles which underpin tendering and procurement3

Who are the Buyers mdash Selling to the Public Sector4

The Treaty of Europe applies to public sector contracts 5

The Regulations6

The Competition Act 19988

General Compliance10

Specification12

Risk13

Dos14

Donts14

The Handy Guide to Tenderingand Procurement

Updated March 2012

Accredited Training Course

ldquoHow to Win Tendersrdquo course series

Tendering Related Services

Contact Details

Training and Consultancy Services15-16

Copyright copy 2009-2012 Project Development amp Support LtdRegistered in England amp Wales No 03545015

Registered Office 30 Gritstone Road Matlock Derbyshire DE4 3GB

Project Development amp Support Ltd

3Copyright copy 2009-2012 Project Development amp Support Ltd

The purpose of this guide is to provide informationfor those who may not be directly involved in thepreparation of tenders but nevertheless need to be

well informed with regard to the legal basis for tenderingand procurement For example

Trustees and Directors of Charities

Directors of Companies

Senior and Middle Managers

Those engaged in advising other organisations onthe tendering and procurement processes

Whilst this guide offers some indicators to the operationof the processes as well as a Do and Dont list itsprincipal purpose is to offer organisations tendering forpublic sector contracts a simplified reference to legislationsurrounding procurement and related regulations andguidance It does not set out the full detail of tenderingand procurement but it focuses on the principles whichapply most of the time There are special cases andexceptions when the principles do not apply and aredealt with in general terms rather than great detail

The Handy Guide to Tenderingand Procurement

Guidance on the principles which underpin tenderingand procurement

Project Development amp Support Ltd

4Copyright copy 2009-2012 Project Development amp Support Ltd

Who are the Buyers mdash Selling to the Public Sector

When your services are purchased by a public sectororganisation or an organisation which receives50 or more of its income from a public source

then those who purchase your services will have publicsector related obligations Regardless of their job title thesethen are taken to be the buyers

It is important to recognise that the rules and regulationswhich surround tendering and procurement are developingrapidly with new legislation under development or about tobe implemented mdash at the time of updating this guide inMarch 2012 we are expecting the European Commission topublish an updated version of the rules later in 2012 mdash anew Directive which should become law in the UK Aprevious example was the publication in May 2009 of theRemedies Directive 200766EC which was implemented inUK law on 20th December 2009

In addition there are ongoing of reviews of Europeanlegislation and regulation which can impact on theprocurement process not just as a result of new guidanceand legislation but more importantly arising fromjudgements in the UK and European Courts mdash principallythe European Court of Justice (ECJ) It is for the Courts tointerpret the law any other legal opinion provided by alawyer is just that ndash an opinion However significantchanges can occur at any time it is therefore essential thatorganisations keep themselves updated on developmentson a frequent and regular basis

Project Development amp Support Ltd

5Copyright copy 2009-2012 Project Development amp Support Ltd

The Treaty of Europe applies to public sector contracts

If you trade with another organisation that is they payyou to provide goods or services the word ldquocontractrdquoapplies ndash regardless of whether the agreement to

provide the goods or services is in writing verbal or calledsomething else This means that contract law applies

The Treaty otherwise known as the Treaty of Maastrichtamends and updates the Treaty of Rome and was signed byall of the Member States of the EU including the UK Itrequires the buyers to behave in ways which are non-discriminatory fair transparent and even handed with theirsuppliers or prospective suppliers Therefore they must

middot not limit the breadth of any market to local suppliers

middot advertise their requirements in forms which areaccessible to providers in the member states Wherethe full EU rules apply this is in the Official Journal ofthe European Union (OJEU) Where the full rules do notapply then the advertising must be ldquoadequaterdquo Thismight be in the press and on an appropriate website

Special rules apply to State Aid (the use of public funds) ifthe use of such funds would distort competition There areexemptions to the use of State Aid but in general buyerscannot give public money to local providers through grantsfor example although there are specified criteria with whichthe buyer must comply in order for these gifts to beexempt If you wish to find out about the rules for grantgiving by a particular public authority or body administeringpublic funds it is a good idea to read their Standing OrdersThese are the public authorityrsquos ldquorule bookrdquo and can usuallybe found on their website

Standing Orders set out exactly what the buyers areallowed to do when spending public money In addition theLocalism Act requires Authorities to publish a Code ofConduct for Elected Members and Employees

Project Development amp Support Ltd

6Copyright copy 2009-2012 Project Development amp Support Ltd

The Regulations

The Regulations to be followed by the buyers are setout in a European Directive ndash 200418EC TheDirective entered into UK law through Statutory

Instrument (SI Number 5) The Public Contracts Regulations2006 dated 9th January 2006 These came into force on

31st January 2006 and were amended on 20th December2009 It is the Public Contracts Regulations 2006 (PCRs)which set out the full Regulations in the UK

The PCRs place a requirement upon public sectorcontracting authorities to categorise the services theypurchase into two groups These are known as the Part Aand Part B categories Schedule 3 of the PCRs lists all Part Aor Part B services through a set of codes known as theCommon Procurement Vocabulary or CPV codes

The PCRs and the full EU procurement regulations apply toservices designated as Part A The procurement of thoseservices designated as Part B is required to comply withsome of the regulations only A large proportion of themoney spent by Local and Health Authorities is classifiedunder Part B and includes most services relating to healtheducation and social care The new Directive (see page 4) isexpected to remove the Part b exemption from all exceptHealth and Social Care contracts

As the buyers purchasing Part B services have much moreflexibility in terms of the procedures they can use it isimportant that suppliers understand the system and checkfrom the outset of a tendering exercise that theseprocedures have been properly applied If the service hasbeen incorrectly categorised or not categorised at all theremay be grounds for a legal challengeNB One of the problems with Tenders under Part B rules isthat deadlines which apply to all other types of tender DONOT apply mdash so a Part B tender which give 1 or 2 days torespond is compliant

Project Development amp Support Ltd

7Copyright copy 2009-2012 Project Development amp Support Ltd

The process for identifying Part B services is described onthe TfC website ndashhttpwwwtenderingforcarecomnewsnew-cpv-codesfrom where the necessary documents may bedownloaded

If a Local Authority buyer is purchasing services whichare classified as Part A then all of the PCRs apply if thetotal contract value is more than pound139893 This is knownas the threshold If the buyer is acting on behalf of aGovernment Department then the threshold above whichthe PCRs apply is set at pound113057 Buyers may not splitor artificially separate elements of a contract in order toavoid meeting the threshold and therefore theregulations There is a ldquorule of aggregationrdquo whichrequires authorities to take into consideration the totalldquovaluerdquo of similar purchases For these and other reasonsthere is a current trend towards bigger and broadercontracts For example it is not unusual to see contractsfor services which cover ldquovulnerable peoplerdquo or bedescribed as a ldquogeneric tenderrdquo It is reasonable to expectthat this trend will continue in the future

A key aspect for Part A contracts at a value above thethreshold is that the tender must be advertised in theOJEU and thus subject to possible cross-bordercompetition For all service contracts where the totalvalue falls below the threshold the PCRs do not applyHowever regardless of whether a service is classified asPart A or Part B all public sector contracts remain subjectto the provisions of the Treaty of Maastricht and theTreaty of Lisbon 2009 in particular to those Articleswhich relate to competition

Project Development amp Support Ltd

2

ContentsGuidance on the principles which underpin tendering and procurement3

Who are the Buyers mdash Selling to the Public Sector4

The Treaty of Europe applies to public sector contracts 5

The Regulations6

The Competition Act 19988

General Compliance10

Specification12

Risk13

Dos14

Donts14

The Handy Guide to Tenderingand Procurement

Updated March 2012

Accredited Training Course

ldquoHow to Win Tendersrdquo course series

Tendering Related Services

Contact Details

Training and Consultancy Services15-16

Copyright copy 2009-2012 Project Development amp Support LtdRegistered in England amp Wales No 03545015

Registered Office 30 Gritstone Road Matlock Derbyshire DE4 3GB

Project Development amp Support Ltd

3Copyright copy 2009-2012 Project Development amp Support Ltd

The purpose of this guide is to provide informationfor those who may not be directly involved in thepreparation of tenders but nevertheless need to be

well informed with regard to the legal basis for tenderingand procurement For example

Trustees and Directors of Charities

Directors of Companies

Senior and Middle Managers

Those engaged in advising other organisations onthe tendering and procurement processes

Whilst this guide offers some indicators to the operationof the processes as well as a Do and Dont list itsprincipal purpose is to offer organisations tendering forpublic sector contracts a simplified reference to legislationsurrounding procurement and related regulations andguidance It does not set out the full detail of tenderingand procurement but it focuses on the principles whichapply most of the time There are special cases andexceptions when the principles do not apply and aredealt with in general terms rather than great detail

The Handy Guide to Tenderingand Procurement

Guidance on the principles which underpin tenderingand procurement

Project Development amp Support Ltd

4Copyright copy 2009-2012 Project Development amp Support Ltd

Who are the Buyers mdash Selling to the Public Sector

When your services are purchased by a public sectororganisation or an organisation which receives50 or more of its income from a public source

then those who purchase your services will have publicsector related obligations Regardless of their job title thesethen are taken to be the buyers

It is important to recognise that the rules and regulationswhich surround tendering and procurement are developingrapidly with new legislation under development or about tobe implemented mdash at the time of updating this guide inMarch 2012 we are expecting the European Commission topublish an updated version of the rules later in 2012 mdash anew Directive which should become law in the UK Aprevious example was the publication in May 2009 of theRemedies Directive 200766EC which was implemented inUK law on 20th December 2009

In addition there are ongoing of reviews of Europeanlegislation and regulation which can impact on theprocurement process not just as a result of new guidanceand legislation but more importantly arising fromjudgements in the UK and European Courts mdash principallythe European Court of Justice (ECJ) It is for the Courts tointerpret the law any other legal opinion provided by alawyer is just that ndash an opinion However significantchanges can occur at any time it is therefore essential thatorganisations keep themselves updated on developmentson a frequent and regular basis

Project Development amp Support Ltd

5Copyright copy 2009-2012 Project Development amp Support Ltd

The Treaty of Europe applies to public sector contracts

If you trade with another organisation that is they payyou to provide goods or services the word ldquocontractrdquoapplies ndash regardless of whether the agreement to

provide the goods or services is in writing verbal or calledsomething else This means that contract law applies

The Treaty otherwise known as the Treaty of Maastrichtamends and updates the Treaty of Rome and was signed byall of the Member States of the EU including the UK Itrequires the buyers to behave in ways which are non-discriminatory fair transparent and even handed with theirsuppliers or prospective suppliers Therefore they must

middot not limit the breadth of any market to local suppliers

middot advertise their requirements in forms which areaccessible to providers in the member states Wherethe full EU rules apply this is in the Official Journal ofthe European Union (OJEU) Where the full rules do notapply then the advertising must be ldquoadequaterdquo Thismight be in the press and on an appropriate website

Special rules apply to State Aid (the use of public funds) ifthe use of such funds would distort competition There areexemptions to the use of State Aid but in general buyerscannot give public money to local providers through grantsfor example although there are specified criteria with whichthe buyer must comply in order for these gifts to beexempt If you wish to find out about the rules for grantgiving by a particular public authority or body administeringpublic funds it is a good idea to read their Standing OrdersThese are the public authorityrsquos ldquorule bookrdquo and can usuallybe found on their website

Standing Orders set out exactly what the buyers areallowed to do when spending public money In addition theLocalism Act requires Authorities to publish a Code ofConduct for Elected Members and Employees

Project Development amp Support Ltd

6Copyright copy 2009-2012 Project Development amp Support Ltd

The Regulations

The Regulations to be followed by the buyers are setout in a European Directive ndash 200418EC TheDirective entered into UK law through Statutory

Instrument (SI Number 5) The Public Contracts Regulations2006 dated 9th January 2006 These came into force on

31st January 2006 and were amended on 20th December2009 It is the Public Contracts Regulations 2006 (PCRs)which set out the full Regulations in the UK

The PCRs place a requirement upon public sectorcontracting authorities to categorise the services theypurchase into two groups These are known as the Part Aand Part B categories Schedule 3 of the PCRs lists all Part Aor Part B services through a set of codes known as theCommon Procurement Vocabulary or CPV codes

The PCRs and the full EU procurement regulations apply toservices designated as Part A The procurement of thoseservices designated as Part B is required to comply withsome of the regulations only A large proportion of themoney spent by Local and Health Authorities is classifiedunder Part B and includes most services relating to healtheducation and social care The new Directive (see page 4) isexpected to remove the Part b exemption from all exceptHealth and Social Care contracts

As the buyers purchasing Part B services have much moreflexibility in terms of the procedures they can use it isimportant that suppliers understand the system and checkfrom the outset of a tendering exercise that theseprocedures have been properly applied If the service hasbeen incorrectly categorised or not categorised at all theremay be grounds for a legal challengeNB One of the problems with Tenders under Part B rules isthat deadlines which apply to all other types of tender DONOT apply mdash so a Part B tender which give 1 or 2 days torespond is compliant

Project Development amp Support Ltd

7Copyright copy 2009-2012 Project Development amp Support Ltd

The process for identifying Part B services is described onthe TfC website ndashhttpwwwtenderingforcarecomnewsnew-cpv-codesfrom where the necessary documents may bedownloaded

If a Local Authority buyer is purchasing services whichare classified as Part A then all of the PCRs apply if thetotal contract value is more than pound139893 This is knownas the threshold If the buyer is acting on behalf of aGovernment Department then the threshold above whichthe PCRs apply is set at pound113057 Buyers may not splitor artificially separate elements of a contract in order toavoid meeting the threshold and therefore theregulations There is a ldquorule of aggregationrdquo whichrequires authorities to take into consideration the totalldquovaluerdquo of similar purchases For these and other reasonsthere is a current trend towards bigger and broadercontracts For example it is not unusual to see contractsfor services which cover ldquovulnerable peoplerdquo or bedescribed as a ldquogeneric tenderrdquo It is reasonable to expectthat this trend will continue in the future

A key aspect for Part A contracts at a value above thethreshold is that the tender must be advertised in theOJEU and thus subject to possible cross-bordercompetition For all service contracts where the totalvalue falls below the threshold the PCRs do not applyHowever regardless of whether a service is classified asPart A or Part B all public sector contracts remain subjectto the provisions of the Treaty of Maastricht and theTreaty of Lisbon 2009 in particular to those Articleswhich relate to competition

Project Development amp Support Ltd

3Copyright copy 2009-2012 Project Development amp Support Ltd

The purpose of this guide is to provide informationfor those who may not be directly involved in thepreparation of tenders but nevertheless need to be

well informed with regard to the legal basis for tenderingand procurement For example

Trustees and Directors of Charities

Directors of Companies

Senior and Middle Managers

Those engaged in advising other organisations onthe tendering and procurement processes

Whilst this guide offers some indicators to the operationof the processes as well as a Do and Dont list itsprincipal purpose is to offer organisations tendering forpublic sector contracts a simplified reference to legislationsurrounding procurement and related regulations andguidance It does not set out the full detail of tenderingand procurement but it focuses on the principles whichapply most of the time There are special cases andexceptions when the principles do not apply and aredealt with in general terms rather than great detail

The Handy Guide to Tenderingand Procurement

Guidance on the principles which underpin tenderingand procurement

Project Development amp Support Ltd

4Copyright copy 2009-2012 Project Development amp Support Ltd

Who are the Buyers mdash Selling to the Public Sector

When your services are purchased by a public sectororganisation or an organisation which receives50 or more of its income from a public source

then those who purchase your services will have publicsector related obligations Regardless of their job title thesethen are taken to be the buyers

It is important to recognise that the rules and regulationswhich surround tendering and procurement are developingrapidly with new legislation under development or about tobe implemented mdash at the time of updating this guide inMarch 2012 we are expecting the European Commission topublish an updated version of the rules later in 2012 mdash anew Directive which should become law in the UK Aprevious example was the publication in May 2009 of theRemedies Directive 200766EC which was implemented inUK law on 20th December 2009

In addition there are ongoing of reviews of Europeanlegislation and regulation which can impact on theprocurement process not just as a result of new guidanceand legislation but more importantly arising fromjudgements in the UK and European Courts mdash principallythe European Court of Justice (ECJ) It is for the Courts tointerpret the law any other legal opinion provided by alawyer is just that ndash an opinion However significantchanges can occur at any time it is therefore essential thatorganisations keep themselves updated on developmentson a frequent and regular basis

Project Development amp Support Ltd

5Copyright copy 2009-2012 Project Development amp Support Ltd

The Treaty of Europe applies to public sector contracts

If you trade with another organisation that is they payyou to provide goods or services the word ldquocontractrdquoapplies ndash regardless of whether the agreement to

provide the goods or services is in writing verbal or calledsomething else This means that contract law applies

The Treaty otherwise known as the Treaty of Maastrichtamends and updates the Treaty of Rome and was signed byall of the Member States of the EU including the UK Itrequires the buyers to behave in ways which are non-discriminatory fair transparent and even handed with theirsuppliers or prospective suppliers Therefore they must

middot not limit the breadth of any market to local suppliers

middot advertise their requirements in forms which areaccessible to providers in the member states Wherethe full EU rules apply this is in the Official Journal ofthe European Union (OJEU) Where the full rules do notapply then the advertising must be ldquoadequaterdquo Thismight be in the press and on an appropriate website

Special rules apply to State Aid (the use of public funds) ifthe use of such funds would distort competition There areexemptions to the use of State Aid but in general buyerscannot give public money to local providers through grantsfor example although there are specified criteria with whichthe buyer must comply in order for these gifts to beexempt If you wish to find out about the rules for grantgiving by a particular public authority or body administeringpublic funds it is a good idea to read their Standing OrdersThese are the public authorityrsquos ldquorule bookrdquo and can usuallybe found on their website

Standing Orders set out exactly what the buyers areallowed to do when spending public money In addition theLocalism Act requires Authorities to publish a Code ofConduct for Elected Members and Employees

Project Development amp Support Ltd

6Copyright copy 2009-2012 Project Development amp Support Ltd

The Regulations

The Regulations to be followed by the buyers are setout in a European Directive ndash 200418EC TheDirective entered into UK law through Statutory

Instrument (SI Number 5) The Public Contracts Regulations2006 dated 9th January 2006 These came into force on

31st January 2006 and were amended on 20th December2009 It is the Public Contracts Regulations 2006 (PCRs)which set out the full Regulations in the UK

The PCRs place a requirement upon public sectorcontracting authorities to categorise the services theypurchase into two groups These are known as the Part Aand Part B categories Schedule 3 of the PCRs lists all Part Aor Part B services through a set of codes known as theCommon Procurement Vocabulary or CPV codes

The PCRs and the full EU procurement regulations apply toservices designated as Part A The procurement of thoseservices designated as Part B is required to comply withsome of the regulations only A large proportion of themoney spent by Local and Health Authorities is classifiedunder Part B and includes most services relating to healtheducation and social care The new Directive (see page 4) isexpected to remove the Part b exemption from all exceptHealth and Social Care contracts

As the buyers purchasing Part B services have much moreflexibility in terms of the procedures they can use it isimportant that suppliers understand the system and checkfrom the outset of a tendering exercise that theseprocedures have been properly applied If the service hasbeen incorrectly categorised or not categorised at all theremay be grounds for a legal challengeNB One of the problems with Tenders under Part B rules isthat deadlines which apply to all other types of tender DONOT apply mdash so a Part B tender which give 1 or 2 days torespond is compliant

Project Development amp Support Ltd

7Copyright copy 2009-2012 Project Development amp Support Ltd

The process for identifying Part B services is described onthe TfC website ndashhttpwwwtenderingforcarecomnewsnew-cpv-codesfrom where the necessary documents may bedownloaded

If a Local Authority buyer is purchasing services whichare classified as Part A then all of the PCRs apply if thetotal contract value is more than pound139893 This is knownas the threshold If the buyer is acting on behalf of aGovernment Department then the threshold above whichthe PCRs apply is set at pound113057 Buyers may not splitor artificially separate elements of a contract in order toavoid meeting the threshold and therefore theregulations There is a ldquorule of aggregationrdquo whichrequires authorities to take into consideration the totalldquovaluerdquo of similar purchases For these and other reasonsthere is a current trend towards bigger and broadercontracts For example it is not unusual to see contractsfor services which cover ldquovulnerable peoplerdquo or bedescribed as a ldquogeneric tenderrdquo It is reasonable to expectthat this trend will continue in the future

A key aspect for Part A contracts at a value above thethreshold is that the tender must be advertised in theOJEU and thus subject to possible cross-bordercompetition For all service contracts where the totalvalue falls below the threshold the PCRs do not applyHowever regardless of whether a service is classified asPart A or Part B all public sector contracts remain subjectto the provisions of the Treaty of Maastricht and theTreaty of Lisbon 2009 in particular to those Articleswhich relate to competition

Project Development amp Support Ltd

4Copyright copy 2009-2012 Project Development amp Support Ltd

Who are the Buyers mdash Selling to the Public Sector

When your services are purchased by a public sectororganisation or an organisation which receives50 or more of its income from a public source

then those who purchase your services will have publicsector related obligations Regardless of their job title thesethen are taken to be the buyers

It is important to recognise that the rules and regulationswhich surround tendering and procurement are developingrapidly with new legislation under development or about tobe implemented mdash at the time of updating this guide inMarch 2012 we are expecting the European Commission topublish an updated version of the rules later in 2012 mdash anew Directive which should become law in the UK Aprevious example was the publication in May 2009 of theRemedies Directive 200766EC which was implemented inUK law on 20th December 2009

In addition there are ongoing of reviews of Europeanlegislation and regulation which can impact on theprocurement process not just as a result of new guidanceand legislation but more importantly arising fromjudgements in the UK and European Courts mdash principallythe European Court of Justice (ECJ) It is for the Courts tointerpret the law any other legal opinion provided by alawyer is just that ndash an opinion However significantchanges can occur at any time it is therefore essential thatorganisations keep themselves updated on developmentson a frequent and regular basis

Project Development amp Support Ltd

5Copyright copy 2009-2012 Project Development amp Support Ltd

The Treaty of Europe applies to public sector contracts

If you trade with another organisation that is they payyou to provide goods or services the word ldquocontractrdquoapplies ndash regardless of whether the agreement to

provide the goods or services is in writing verbal or calledsomething else This means that contract law applies

The Treaty otherwise known as the Treaty of Maastrichtamends and updates the Treaty of Rome and was signed byall of the Member States of the EU including the UK Itrequires the buyers to behave in ways which are non-discriminatory fair transparent and even handed with theirsuppliers or prospective suppliers Therefore they must

middot not limit the breadth of any market to local suppliers

middot advertise their requirements in forms which areaccessible to providers in the member states Wherethe full EU rules apply this is in the Official Journal ofthe European Union (OJEU) Where the full rules do notapply then the advertising must be ldquoadequaterdquo Thismight be in the press and on an appropriate website

Special rules apply to State Aid (the use of public funds) ifthe use of such funds would distort competition There areexemptions to the use of State Aid but in general buyerscannot give public money to local providers through grantsfor example although there are specified criteria with whichthe buyer must comply in order for these gifts to beexempt If you wish to find out about the rules for grantgiving by a particular public authority or body administeringpublic funds it is a good idea to read their Standing OrdersThese are the public authorityrsquos ldquorule bookrdquo and can usuallybe found on their website

Standing Orders set out exactly what the buyers areallowed to do when spending public money In addition theLocalism Act requires Authorities to publish a Code ofConduct for Elected Members and Employees

Project Development amp Support Ltd

6Copyright copy 2009-2012 Project Development amp Support Ltd

The Regulations

The Regulations to be followed by the buyers are setout in a European Directive ndash 200418EC TheDirective entered into UK law through Statutory

Instrument (SI Number 5) The Public Contracts Regulations2006 dated 9th January 2006 These came into force on

31st January 2006 and were amended on 20th December2009 It is the Public Contracts Regulations 2006 (PCRs)which set out the full Regulations in the UK

The PCRs place a requirement upon public sectorcontracting authorities to categorise the services theypurchase into two groups These are known as the Part Aand Part B categories Schedule 3 of the PCRs lists all Part Aor Part B services through a set of codes known as theCommon Procurement Vocabulary or CPV codes

The PCRs and the full EU procurement regulations apply toservices designated as Part A The procurement of thoseservices designated as Part B is required to comply withsome of the regulations only A large proportion of themoney spent by Local and Health Authorities is classifiedunder Part B and includes most services relating to healtheducation and social care The new Directive (see page 4) isexpected to remove the Part b exemption from all exceptHealth and Social Care contracts

As the buyers purchasing Part B services have much moreflexibility in terms of the procedures they can use it isimportant that suppliers understand the system and checkfrom the outset of a tendering exercise that theseprocedures have been properly applied If the service hasbeen incorrectly categorised or not categorised at all theremay be grounds for a legal challengeNB One of the problems with Tenders under Part B rules isthat deadlines which apply to all other types of tender DONOT apply mdash so a Part B tender which give 1 or 2 days torespond is compliant

Project Development amp Support Ltd

7Copyright copy 2009-2012 Project Development amp Support Ltd

The process for identifying Part B services is described onthe TfC website ndashhttpwwwtenderingforcarecomnewsnew-cpv-codesfrom where the necessary documents may bedownloaded

If a Local Authority buyer is purchasing services whichare classified as Part A then all of the PCRs apply if thetotal contract value is more than pound139893 This is knownas the threshold If the buyer is acting on behalf of aGovernment Department then the threshold above whichthe PCRs apply is set at pound113057 Buyers may not splitor artificially separate elements of a contract in order toavoid meeting the threshold and therefore theregulations There is a ldquorule of aggregationrdquo whichrequires authorities to take into consideration the totalldquovaluerdquo of similar purchases For these and other reasonsthere is a current trend towards bigger and broadercontracts For example it is not unusual to see contractsfor services which cover ldquovulnerable peoplerdquo or bedescribed as a ldquogeneric tenderrdquo It is reasonable to expectthat this trend will continue in the future

A key aspect for Part A contracts at a value above thethreshold is that the tender must be advertised in theOJEU and thus subject to possible cross-bordercompetition For all service contracts where the totalvalue falls below the threshold the PCRs do not applyHowever regardless of whether a service is classified asPart A or Part B all public sector contracts remain subjectto the provisions of the Treaty of Maastricht and theTreaty of Lisbon 2009 in particular to those Articleswhich relate to competition

Project Development amp Support Ltd

5Copyright copy 2009-2012 Project Development amp Support Ltd

The Treaty of Europe applies to public sector contracts

If you trade with another organisation that is they payyou to provide goods or services the word ldquocontractrdquoapplies ndash regardless of whether the agreement to

provide the goods or services is in writing verbal or calledsomething else This means that contract law applies

The Treaty otherwise known as the Treaty of Maastrichtamends and updates the Treaty of Rome and was signed byall of the Member States of the EU including the UK Itrequires the buyers to behave in ways which are non-discriminatory fair transparent and even handed with theirsuppliers or prospective suppliers Therefore they must

middot not limit the breadth of any market to local suppliers

middot advertise their requirements in forms which areaccessible to providers in the member states Wherethe full EU rules apply this is in the Official Journal ofthe European Union (OJEU) Where the full rules do notapply then the advertising must be ldquoadequaterdquo Thismight be in the press and on an appropriate website

Special rules apply to State Aid (the use of public funds) ifthe use of such funds would distort competition There areexemptions to the use of State Aid but in general buyerscannot give public money to local providers through grantsfor example although there are specified criteria with whichthe buyer must comply in order for these gifts to beexempt If you wish to find out about the rules for grantgiving by a particular public authority or body administeringpublic funds it is a good idea to read their Standing OrdersThese are the public authorityrsquos ldquorule bookrdquo and can usuallybe found on their website

Standing Orders set out exactly what the buyers areallowed to do when spending public money In addition theLocalism Act requires Authorities to publish a Code ofConduct for Elected Members and Employees

Project Development amp Support Ltd

6Copyright copy 2009-2012 Project Development amp Support Ltd

The Regulations

The Regulations to be followed by the buyers are setout in a European Directive ndash 200418EC TheDirective entered into UK law through Statutory

Instrument (SI Number 5) The Public Contracts Regulations2006 dated 9th January 2006 These came into force on

31st January 2006 and were amended on 20th December2009 It is the Public Contracts Regulations 2006 (PCRs)which set out the full Regulations in the UK

The PCRs place a requirement upon public sectorcontracting authorities to categorise the services theypurchase into two groups These are known as the Part Aand Part B categories Schedule 3 of the PCRs lists all Part Aor Part B services through a set of codes known as theCommon Procurement Vocabulary or CPV codes

The PCRs and the full EU procurement regulations apply toservices designated as Part A The procurement of thoseservices designated as Part B is required to comply withsome of the regulations only A large proportion of themoney spent by Local and Health Authorities is classifiedunder Part B and includes most services relating to healtheducation and social care The new Directive (see page 4) isexpected to remove the Part b exemption from all exceptHealth and Social Care contracts

As the buyers purchasing Part B services have much moreflexibility in terms of the procedures they can use it isimportant that suppliers understand the system and checkfrom the outset of a tendering exercise that theseprocedures have been properly applied If the service hasbeen incorrectly categorised or not categorised at all theremay be grounds for a legal challengeNB One of the problems with Tenders under Part B rules isthat deadlines which apply to all other types of tender DONOT apply mdash so a Part B tender which give 1 or 2 days torespond is compliant

Project Development amp Support Ltd

7Copyright copy 2009-2012 Project Development amp Support Ltd

The process for identifying Part B services is described onthe TfC website ndashhttpwwwtenderingforcarecomnewsnew-cpv-codesfrom where the necessary documents may bedownloaded

If a Local Authority buyer is purchasing services whichare classified as Part A then all of the PCRs apply if thetotal contract value is more than pound139893 This is knownas the threshold If the buyer is acting on behalf of aGovernment Department then the threshold above whichthe PCRs apply is set at pound113057 Buyers may not splitor artificially separate elements of a contract in order toavoid meeting the threshold and therefore theregulations There is a ldquorule of aggregationrdquo whichrequires authorities to take into consideration the totalldquovaluerdquo of similar purchases For these and other reasonsthere is a current trend towards bigger and broadercontracts For example it is not unusual to see contractsfor services which cover ldquovulnerable peoplerdquo or bedescribed as a ldquogeneric tenderrdquo It is reasonable to expectthat this trend will continue in the future

A key aspect for Part A contracts at a value above thethreshold is that the tender must be advertised in theOJEU and thus subject to possible cross-bordercompetition For all service contracts where the totalvalue falls below the threshold the PCRs do not applyHowever regardless of whether a service is classified asPart A or Part B all public sector contracts remain subjectto the provisions of the Treaty of Maastricht and theTreaty of Lisbon 2009 in particular to those Articleswhich relate to competition

Project Development amp Support Ltd

6Copyright copy 2009-2012 Project Development amp Support Ltd

The Regulations

The Regulations to be followed by the buyers are setout in a European Directive ndash 200418EC TheDirective entered into UK law through Statutory

Instrument (SI Number 5) The Public Contracts Regulations2006 dated 9th January 2006 These came into force on

31st January 2006 and were amended on 20th December2009 It is the Public Contracts Regulations 2006 (PCRs)which set out the full Regulations in the UK

The PCRs place a requirement upon public sectorcontracting authorities to categorise the services theypurchase into two groups These are known as the Part Aand Part B categories Schedule 3 of the PCRs lists all Part Aor Part B services through a set of codes known as theCommon Procurement Vocabulary or CPV codes

The PCRs and the full EU procurement regulations apply toservices designated as Part A The procurement of thoseservices designated as Part B is required to comply withsome of the regulations only A large proportion of themoney spent by Local and Health Authorities is classifiedunder Part B and includes most services relating to healtheducation and social care The new Directive (see page 4) isexpected to remove the Part b exemption from all exceptHealth and Social Care contracts

As the buyers purchasing Part B services have much moreflexibility in terms of the procedures they can use it isimportant that suppliers understand the system and checkfrom the outset of a tendering exercise that theseprocedures have been properly applied If the service hasbeen incorrectly categorised or not categorised at all theremay be grounds for a legal challengeNB One of the problems with Tenders under Part B rules isthat deadlines which apply to all other types of tender DONOT apply mdash so a Part B tender which give 1 or 2 days torespond is compliant

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The process for identifying Part B services is described onthe TfC website ndashhttpwwwtenderingforcarecomnewsnew-cpv-codesfrom where the necessary documents may bedownloaded

If a Local Authority buyer is purchasing services whichare classified as Part A then all of the PCRs apply if thetotal contract value is more than pound139893 This is knownas the threshold If the buyer is acting on behalf of aGovernment Department then the threshold above whichthe PCRs apply is set at pound113057 Buyers may not splitor artificially separate elements of a contract in order toavoid meeting the threshold and therefore theregulations There is a ldquorule of aggregationrdquo whichrequires authorities to take into consideration the totalldquovaluerdquo of similar purchases For these and other reasonsthere is a current trend towards bigger and broadercontracts For example it is not unusual to see contractsfor services which cover ldquovulnerable peoplerdquo or bedescribed as a ldquogeneric tenderrdquo It is reasonable to expectthat this trend will continue in the future

A key aspect for Part A contracts at a value above thethreshold is that the tender must be advertised in theOJEU and thus subject to possible cross-bordercompetition For all service contracts where the totalvalue falls below the threshold the PCRs do not applyHowever regardless of whether a service is classified asPart A or Part B all public sector contracts remain subjectto the provisions of the Treaty of Maastricht and theTreaty of Lisbon 2009 in particular to those Articleswhich relate to competition

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The process for identifying Part B services is described onthe TfC website ndashhttpwwwtenderingforcarecomnewsnew-cpv-codesfrom where the necessary documents may bedownloaded

If a Local Authority buyer is purchasing services whichare classified as Part A then all of the PCRs apply if thetotal contract value is more than pound139893 This is knownas the threshold If the buyer is acting on behalf of aGovernment Department then the threshold above whichthe PCRs apply is set at pound113057 Buyers may not splitor artificially separate elements of a contract in order toavoid meeting the threshold and therefore theregulations There is a ldquorule of aggregationrdquo whichrequires authorities to take into consideration the totalldquovaluerdquo of similar purchases For these and other reasonsthere is a current trend towards bigger and broadercontracts For example it is not unusual to see contractsfor services which cover ldquovulnerable peoplerdquo or bedescribed as a ldquogeneric tenderrdquo It is reasonable to expectthat this trend will continue in the future

A key aspect for Part A contracts at a value above thethreshold is that the tender must be advertised in theOJEU and thus subject to possible cross-bordercompetition For all service contracts where the totalvalue falls below the threshold the PCRs do not applyHowever regardless of whether a service is classified asPart A or Part B all public sector contracts remain subjectto the provisions of the Treaty of Maastricht and theTreaty of Lisbon 2009 in particular to those Articleswhich relate to competition

Project Development amp Support Ltd

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The Competition Act 1998

The Competition Act is derived from Article 85 of theTreaty of Maastricht and Articles 81 and 82 of theTreaty of Lisbon ndash collectively known as the

ldquoCompetition Articlesrdquo In general the Act says that thebuyer is prohibited under UK domestic law from ldquoabusing adominant positionrdquo by

middot imposing unfair purchase or selling prices

middot restricting production or technical development in wayswhich would put consumers at a disadvantage

middot applying dissimilar conditions to similar transactionsthus putting suppliers at a disadvantage

middot making contractual conditions which require thesupplier to accept obligations which are not connectedwith the subject of the contract

In general the Act prohibits buyers from making anydecisions which would in any way prevent hinder or distortcompetition All organisations submitting a tender must betreated in exactly the same way regardless of theircorporate structure eg plc private company sole traderregistered charity etc

The Act excludes all types of price-fixing and collusivetendering This means that in general there should bedemonstrable competition for all public money It may not benecessary for the competition to comply with the PCRs andmay be at a minimal level depending upon the requirementsset out in the purchasing authoritys Standing Orders

There is currently considerable encouragement fororganisations to tender in a collaborative way possiblythrough various models of consortium Suppliers should bevery careful that their arrangements cannot be interpretedas ldquocollusiverdquo Because of the potential risks and the rulesfor tendering as a consortium it is important thatTrusteesDirectors become involved in discussions andpotential arrangements from the outset The Office for theThird Sector produced a Guide to Working in a Consortium

Project Development amp Support Ltd

9Copyright copy 2009-2012 Project Development amp Support Ltd

which was edited by TfC and can be downloaded from theTfC website along with the TfC ldquo12 Golden Rules forTendering as a Consortiumrdquo

httpwwwtenderingforcarecomnewsworking-in-a-consortium-and-tfc-12-golden-rules

The Office of Fair Trading provides the definitive guidanceon competition law and produces a number of excellentdocuments which are available on their website TheirAdvice for businesses section is a good place to start

httpwwwoftgovukadvice_and_resourcessmall_businesses

Project Development amp Support Ltd

9Copyright copy 2009-2012 Project Development amp Support Ltd

which was edited by TfC and can be downloaded from theTfC website along with the TfC ldquo12 Golden Rules forTendering as a Consortiumrdquo

httpwwwtenderingforcarecomnewsworking-in-a-consortium-and-tfc-12-golden-rules

The Office of Fair Trading provides the definitive guidanceon competition law and produces a number of excellentdocuments which are available on their website TheirAdvice for businesses section is a good place to start

httpwwwoftgovukadvice_and_resourcessmall_businesses

Project Development amp Support Ltd

10Copyright copy 2009-2012 Project Development amp Support Ltd

General Compliance

All purchasing must comply to some extent withrequirements of the EU Treaty The basic principle isthat public spending must be undertaken in a manner

which is non-discriminatory fair and transparent It isimportant to understand that the regulations are beinginterpreted and re-defined by the ECJ and the UK Courts onalmost a weekly basis For example a judgement in the UKcourts late in 2008 has resulted in the requirement for allbuyers to provide the criteria sub-criteria and weightingwhich will be used to score the tender These and otherjudgements provide options for organisations who feel thatthey have not been dealt with fairly to challenge the buyersdecisions Often this does not mean going all the way tocourt a strongly worded letter setting out the perceivedfailure in compliance may be sufficient to secure proceduralchanges so that organisations can compete fairly

All tenders must be selected on the basis of Value forMoney (VfM) This usually means that during selection thequality of the tender itself will be scored and the price willbe scored separately Then a proportion of each of the twoscores are added together and used to construct the finalranked list The balance of the two scores can varyconsiderably with 60 of the quality score + 40 of theprice score being typical Although selection on the basis oflowest price is allowed in the PCRs until recently thisprocess has rarely been applied in tenders for Part Bcontracts In recent months however there has been adiscernable increase in the number of tender processesemploying lowest price

All tenders Part A and Part B must be subject to anldquoadequaterdquo degree of advertising mdash sufficient to enable theservices market to be opened up to competition to ensurean impartial procurement award procedure and to ensurethat buyers achieve VfM An adequate degree of advertisingmay vary according to the significance of the eventualcontract in the market place This means that factors will betaken into account such as the subject matter of thecontract the sector concerned and the location for the

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delivery of the service Part B tenders must include atechnical specification describing the service to be offeredBuyers must also provide tenderers with feedback after thecontract award

A new EU Directive was published by the European

Commission on 9th December 2009 Known as the RemediesDirective 200766EC these new European rules led to anupdate of the UK rules through The Public Procurement(Miscellaneous Amendments) Regulations 2011 This isimportant because the new rules formalise European andUK case law with regard to the opportunities to challengethe use by buyers of unfair processes

Now when the decision has been made as to the successfultenderer(s) there must be a standstill period to provideopportunities for challenge When the notice is sent by postthe standstill period lasts for 15 days from the date of theletter and 10 days when it is delivered electronically If alltenderers are satisfied with the result believe that thatthere have been no errors and there is no challenge by theend of the period the contract may be awarded

If the buyer publishes a Voluntary Ex-Ante TransparencyNotice in the OJEU then dissatisfied tenderers have 10 daysfrom the date of the notice in which to challenge If nochallenge is made to the decision of the buyers within inthis timescale then no later challenge can be made thatwould lead to a contract being declared by the Courts asineffective and cancelled Although the buyers implementthe standstill period unfortunately (for the buyers) themajority do not publish VEAT notices

For more on VEAT please go tohttpwwwtenderingforcarecomveat-notice

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delivery of the service Part B tenders must include atechnical specification describing the service to be offeredBuyers must also provide tenderers with feedback after thecontract award

A new EU Directive was published by the European

Commission on 9th December 2009 Known as the RemediesDirective 200766EC these new European rules led to anupdate of the UK rules through The Public Procurement(Miscellaneous Amendments) Regulations 2011 This isimportant because the new rules formalise European andUK case law with regard to the opportunities to challengethe use by buyers of unfair processes

Now when the decision has been made as to the successfultenderer(s) there must be a standstill period to provideopportunities for challenge When the notice is sent by postthe standstill period lasts for 15 days from the date of theletter and 10 days when it is delivered electronically If alltenderers are satisfied with the result believe that thatthere have been no errors and there is no challenge by theend of the period the contract may be awarded

If the buyer publishes a Voluntary Ex-Ante TransparencyNotice in the OJEU then dissatisfied tenderers have 10 daysfrom the date of the notice in which to challenge If nochallenge is made to the decision of the buyers within inthis timescale then no later challenge can be made thatwould lead to a contract being declared by the Courts asineffective and cancelled Although the buyers implementthe standstill period unfortunately (for the buyers) themajority do not publish VEAT notices

For more on VEAT please go tohttpwwwtenderingforcarecomveat-notice

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Specification

There is a formal requirement in the Directive and thePCRs which applies when purchasing Part B servicesThis confirms the underlying principle that the

services which are being purchased should be specifiedthat is to say set out in functional terms where appropriateusing European standards and requirements This meansthat providers should be excluded from any involvement inthe process of the production or writing of a specificationunless this is done in an open and transparent way Theprinciple being that the services as set out in thespecification cannot be seen to distort competition

This requirement means that it is the service ldquoas specifiedrdquowhich is being purchased

It may be the case that a service has been delivered by oneprovider for a number of years but the specification used inthe tendering process for a contract to continue to deliverthe service does not match the historic content of thatpreviously delivered

A rough measure over recent months on a contract bycontract basis has been a reduction in the level of servicesspecified at re-tendering of around one third

It is often the case that organisations that previouslydelivered re-tendered contracts fail to retain them and areinformed at feedback that they were ldquotoo expensiverdquo Sucha result can usually be attributed to proposing to deliverand pricing the service as historically delivered rather thanldquoas specifiedrdquo

Project Development amp Support Ltd

13Copyright copy 2009-2012 Project Development amp Support Ltd

Risk

For a service provider the successful outcome of atendering exercise is entering into a commercialcontract with the buyer Such contracts come with a

multitude of areas of potential risk Failure to comply withany one contractual condition may give rise to thepossibility of a breach of contract action in the courts witha further risk of a requirement to pay damages plus theopponents costs if the court finds against the provider oreven if successful a requirement to meet a considerablelevel of cost in successfully defending any action TrusteesDirectors and Senior Managers should be acutely aware ofthe risks and dangers in this area and take appropriateaction to protect themselves personally and theirorganisation There is currently a spate of threats of breachof contract actions arising from contractors failing to complywith contractual terms

Trustees and Directors should also be aware of theimplications of breaching Competition Law which can haveserious repercussions for them at a personal level

For the foregoing reasons a high proportion of the tenderingprocess involves an assessment of the ability of anorganisation to accept responsibility and liability for thedelivery of a public sector contract This has little to do withthe size of the organisation Very small providers can oftencompete very successfully with large and even very largeorganisations The process is more about the ability of theorganisation when tendering to demonstrate and evidencethat they have both the capacity and the capability toaccept and manage all aspects of risk For these reasons itis usually the strength of governance and quality ofmanagement which scores highly and is often looked atwith much more care than the delivery of the service itself

Project Development amp Support Ltd

14Copyright copy 2009-2012 Project Development amp Support Ltd

Dos

Do ensure that you have an accredited qualitymanagement system in place which is recognised bythe majority of buyers

Do have insurance cover in place sufficient to cover asmany risks as possible

Do ensure that tenders are priced on the basis of theservices specified

Do ensure that all tenders are signed by a Trustee orDirector

Do have arrangements in place for legal advice to beobtained as soon as the draft contract is received

Do have a Business Continuity Management Programme inplace which enables the organisation to be contractcompliant in all circumstances

Donts

Donrsquot assume that the specification for a re-tenderedcontract will be on the same basis as the servicehistorically being delivered

Donrsquot engage in activity which could be construed ascollusion price fixing or otherwise anti-competitive

Donrsquot sign a contract unless you are certain that yourorganisation is able to ensure that it will be able tomeet all of the stated conditions

Donrsquot assume that a contract has been correctly classifiedAlways check using the CPV codes

Donrsquot wait to question Always consider taking legaladviceaction if you feel that there has been a failurein compliance

Donrsquot delay if you feel that a challenge might be possibleYou have 30 days from the date when you knew orshould have known that a problem might exist

Project Development amp Support Ltd

15Copyright copy 2009-2012 Project Development amp Support Ltd

Training and Consultancy Services

Accredited Training Course

Tendering and Procurement PracticeLevel 3 with six credits

Accredited by the Open College Network (London Region)

Delivered by distance learning

Tendering and Procurement Practice is the first accreditedprofessional course for individuals involved in the preparation oftenders for public sector contracts

This course was developed by Project Development and Supportduring 200809 and piloted with staff from small organisationsand large national charities Since then we have produced over70 ldquoGraduatesrdquo resulting in their organisations greatly improvingtheir tendering success rate

Full details go to wwwtenderingforcarecom and follow the links

ldquoHow to Win Tendersrdquo course seriesAll the training courses below can be modified to meet therequirements of specific groups and can be delivered

middot internally to staff in larger organisations

middot on behalf of organisations such as umbrella bodiesarranging events such as one off training days orconferences

middot for specialist groups such as Trustees

ndashndashndashndashndashndashndashndashndashndashndash

Understanding Tendering and Procurement (basic course)

Preparing Effective Tenders (practical group work based)

Winning Tenders

Preparing an effective PQQ

Presentations for tenders (practical group work based)

Tendering as a Consortium (basic course)

How to work in a Consortium (includes model documentation for setting up a consortium)

Business Continuity Management for Health amp Social Care

All Courses of Training are CPD Certified

In 2008 Tendering for Care received a National Training Award forexcellence and quality of training delivery In order to win the awardwe were required to demonstrate that the training is having apositive effect on the effectiveness of the tendering activities of thosetrained The organisations with whom we work have establishedoutstanding track records of success with their tendering

Project Development amp Support Ltd

13Copyright copy 2009-2012 Project Development amp Support Ltd

Risk

For a service provider the successful outcome of atendering exercise is entering into a commercialcontract with the buyer Such contracts come with a

multitude of areas of potential risk Failure to comply withany one contractual condition may give rise to thepossibility of a breach of contract action in the courts witha further risk of a requirement to pay damages plus theopponents costs if the court finds against the provider oreven if successful a requirement to meet a considerablelevel of cost in successfully defending any action TrusteesDirectors and Senior Managers should be acutely aware ofthe risks and dangers in this area and take appropriateaction to protect themselves personally and theirorganisation There is currently a spate of threats of breachof contract actions arising from contractors failing to complywith contractual terms

Trustees and Directors should also be aware of theimplications of breaching Competition Law which can haveserious repercussions for them at a personal level

For the foregoing reasons a high proportion of the tenderingprocess involves an assessment of the ability of anorganisation to accept responsibility and liability for thedelivery of a public sector contract This has little to do withthe size of the organisation Very small providers can oftencompete very successfully with large and even very largeorganisations The process is more about the ability of theorganisation when tendering to demonstrate and evidencethat they have both the capacity and the capability toaccept and manage all aspects of risk For these reasons itis usually the strength of governance and quality ofmanagement which scores highly and is often looked atwith much more care than the delivery of the service itself

Project Development amp Support Ltd

14Copyright copy 2009-2012 Project Development amp Support Ltd

Dos

Do ensure that you have an accredited qualitymanagement system in place which is recognised bythe majority of buyers

Do have insurance cover in place sufficient to cover asmany risks as possible

Do ensure that tenders are priced on the basis of theservices specified

Do ensure that all tenders are signed by a Trustee orDirector

Do have arrangements in place for legal advice to beobtained as soon as the draft contract is received

Do have a Business Continuity Management Programme inplace which enables the organisation to be contractcompliant in all circumstances

Donts

Donrsquot assume that the specification for a re-tenderedcontract will be on the same basis as the servicehistorically being delivered

Donrsquot engage in activity which could be construed ascollusion price fixing or otherwise anti-competitive

Donrsquot sign a contract unless you are certain that yourorganisation is able to ensure that it will be able tomeet all of the stated conditions

Donrsquot assume that a contract has been correctly classifiedAlways check using the CPV codes

Donrsquot wait to question Always consider taking legaladviceaction if you feel that there has been a failurein compliance

Donrsquot delay if you feel that a challenge might be possibleYou have 30 days from the date when you knew orshould have known that a problem might exist

Project Development amp Support Ltd

15Copyright copy 2009-2012 Project Development amp Support Ltd

Training and Consultancy Services

Accredited Training Course

Tendering and Procurement PracticeLevel 3 with six credits

Accredited by the Open College Network (London Region)

Delivered by distance learning

Tendering and Procurement Practice is the first accreditedprofessional course for individuals involved in the preparation oftenders for public sector contracts

This course was developed by Project Development and Supportduring 200809 and piloted with staff from small organisationsand large national charities Since then we have produced over70 ldquoGraduatesrdquo resulting in their organisations greatly improvingtheir tendering success rate

Full details go to wwwtenderingforcarecom and follow the links

ldquoHow to Win Tendersrdquo course seriesAll the training courses below can be modified to meet therequirements of specific groups and can be delivered

middot internally to staff in larger organisations

middot on behalf of organisations such as umbrella bodiesarranging events such as one off training days orconferences

middot for specialist groups such as Trustees

ndashndashndashndashndashndashndashndashndashndashndash

Understanding Tendering and Procurement (basic course)

Preparing Effective Tenders (practical group work based)

Winning Tenders

Preparing an effective PQQ

Presentations for tenders (practical group work based)

Tendering as a Consortium (basic course)

How to work in a Consortium (includes model documentation for setting up a consortium)

Business Continuity Management for Health amp Social Care

All Courses of Training are CPD Certified

In 2008 Tendering for Care received a National Training Award forexcellence and quality of training delivery In order to win the awardwe were required to demonstrate that the training is having apositive effect on the effectiveness of the tendering activities of thosetrained The organisations with whom we work have establishedoutstanding track records of success with their tendering

Project Development amp Support Ltd

14Copyright copy 2009-2012 Project Development amp Support Ltd

Dos

Do ensure that you have an accredited qualitymanagement system in place which is recognised bythe majority of buyers

Do have insurance cover in place sufficient to cover asmany risks as possible

Do ensure that tenders are priced on the basis of theservices specified

Do ensure that all tenders are signed by a Trustee orDirector

Do have arrangements in place for legal advice to beobtained as soon as the draft contract is received

Do have a Business Continuity Management Programme inplace which enables the organisation to be contractcompliant in all circumstances

Donts

Donrsquot assume that the specification for a re-tenderedcontract will be on the same basis as the servicehistorically being delivered

Donrsquot engage in activity which could be construed ascollusion price fixing or otherwise anti-competitive

Donrsquot sign a contract unless you are certain that yourorganisation is able to ensure that it will be able tomeet all of the stated conditions

Donrsquot assume that a contract has been correctly classifiedAlways check using the CPV codes

Donrsquot wait to question Always consider taking legaladviceaction if you feel that there has been a failurein compliance

Donrsquot delay if you feel that a challenge might be possibleYou have 30 days from the date when you knew orshould have known that a problem might exist

Project Development amp Support Ltd

15Copyright copy 2009-2012 Project Development amp Support Ltd

Training and Consultancy Services

Accredited Training Course

Tendering and Procurement PracticeLevel 3 with six credits

Accredited by the Open College Network (London Region)

Delivered by distance learning

Tendering and Procurement Practice is the first accreditedprofessional course for individuals involved in the preparation oftenders for public sector contracts

This course was developed by Project Development and Supportduring 200809 and piloted with staff from small organisationsand large national charities Since then we have produced over70 ldquoGraduatesrdquo resulting in their organisations greatly improvingtheir tendering success rate

Full details go to wwwtenderingforcarecom and follow the links

ldquoHow to Win Tendersrdquo course seriesAll the training courses below can be modified to meet therequirements of specific groups and can be delivered

middot internally to staff in larger organisations

middot on behalf of organisations such as umbrella bodiesarranging events such as one off training days orconferences

middot for specialist groups such as Trustees

ndashndashndashndashndashndashndashndashndashndashndash

Understanding Tendering and Procurement (basic course)

Preparing Effective Tenders (practical group work based)

Winning Tenders

Preparing an effective PQQ

Presentations for tenders (practical group work based)

Tendering as a Consortium (basic course)

How to work in a Consortium (includes model documentation for setting up a consortium)

Business Continuity Management for Health amp Social Care

All Courses of Training are CPD Certified

In 2008 Tendering for Care received a National Training Award forexcellence and quality of training delivery In order to win the awardwe were required to demonstrate that the training is having apositive effect on the effectiveness of the tendering activities of thosetrained The organisations with whom we work have establishedoutstanding track records of success with their tendering

Project Development amp Support Ltd

15Copyright copy 2009-2012 Project Development amp Support Ltd

Training and Consultancy Services

Accredited Training Course

Tendering and Procurement PracticeLevel 3 with six credits

Accredited by the Open College Network (London Region)

Delivered by distance learning

Tendering and Procurement Practice is the first accreditedprofessional course for individuals involved in the preparation oftenders for public sector contracts

This course was developed by Project Development and Supportduring 200809 and piloted with staff from small organisationsand large national charities Since then we have produced over70 ldquoGraduatesrdquo resulting in their organisations greatly improvingtheir tendering success rate

Full details go to wwwtenderingforcarecom and follow the links

ldquoHow to Win Tendersrdquo course seriesAll the training courses below can be modified to meet therequirements of specific groups and can be delivered

middot internally to staff in larger organisations

middot on behalf of organisations such as umbrella bodiesarranging events such as one off training days orconferences

middot for specialist groups such as Trustees

ndashndashndashndashndashndashndashndashndashndashndash

Understanding Tendering and Procurement (basic course)

Preparing Effective Tenders (practical group work based)

Winning Tenders

Preparing an effective PQQ

Presentations for tenders (practical group work based)

Tendering as a Consortium (basic course)

How to work in a Consortium (includes model documentation for setting up a consortium)

Business Continuity Management for Health amp Social Care

All Courses of Training are CPD Certified

In 2008 Tendering for Care received a National Training Award forexcellence and quality of training delivery In order to win the awardwe were required to demonstrate that the training is having apositive effect on the effectiveness of the tendering activities of thosetrained The organisations with whom we work have establishedoutstanding track records of success with their tendering

Project Development amp Support Ltd

16Copyright copy 2009-2012 Project Development amp Support Ltd

Tendering Related ServicesTfC provides a wide range of services and support forOrganisations who are tendering for public sector contractsThese include

middot a weekly tender alert service

middot two weekly e-journals called upDATE and StayingAhead

In addition we provide support for organisations engaged inthe preparation of tenders for public sector contracts

middot Tender review prior to submission or after submission

middot Mentoring for the team preparing the tender

middot Appraisal of accounts to demonstrate how they are likelyto be scored

middot Appraisal of accounts to demonstrate the effect of futureloans and other borrowing on scoring

middot Full organisation review for tender appraisal

middot Policy review and preparation

middot Help with challenging the Tender Outcome

Contact Details

Tendering for CareProject Development and Support Ltd30 Gritstone RoadMatlockDerbyshire DE4 3GB

Telephone 01629 57501

Fax 01629 584972

Email infotenderingforcarecom

Website wwwtenderingforcarecom