Common use of Further Competition Clause in Contracts

Further Competition. Any Member awarding a Call-Off Contract under this Agreement through a Further Competition shall: Ensure compliance with the requirements of Regulations 34 and 54 of the PCR 2015; Identify which Category(s) the Call-Off Contract should be awarded under; Develop a Further Competition tender setting out its requirements for Materials, this including clear identification of the Member’s specific functional and operational requirements; Clearly state the Call-Off Award Criteria to be used and any appropriate guidance as to the evaluation process/methodology being applied; Make the Further Competition tender available to Suppliers identified as suitable to participate via the DPS Portal; Submissions from Suppliers for all Further Competitions awarded must also be made online only via the DPS portal. Ensure all Suppliers within the relevant Category(s) are invited to submit a response; Allow Suppliers a reasonable and proportionate amount of time to prepare and submit their responses, but in any event no less than 10 days; Evaluate submissions in accordance with the Call-Off Award Criteria detailed within the Further Competition. With the results of the application of the Call-Off Award Criteria forming the basis of its decision to award a Call-Off Contract for provision of Materials; Award its Call-Off Contract to the successful Supplier(s) as per the Call-Off Award Criteria stated within the Further Competition; Provide unsuccessful Suppliers with written feedback in relation to the reasons why their tenders were unsuccessful. Members are advised to hold a voluntary 10-day standstill period prior to entering into any Call-Off Contract. This is not a mandatory requirement. Any Supplier invited to participate in a Further Competition shall notify the Member in writing if it declines to submit a response to the Further Competition. The Member conducting the Further Competition shall be entitled at all times to decline to make an award. Nothing in this Agreement shall oblige any Member to award any Call-Off Contract. The Supplier recognises that each Member seeking to award a Call-Off Contract pursuant to this Agreement is responsible for its conduct and compliance of the process used. The Supplier agrees that NEPO and the Agent shall have no liability in relation to:- The conduct and behaviour of Members conducting Further Competitions The performance or non-performance of any Call-Off Contracts between Members and Suppliers. Agreement fees & Provision of data The Supplier, when awarded a Call-Off Contract under this Agreement to supply Materials will pay Agreement Fees to the Agent on the following basis, unless specified differently under the Further Competition process used to award the Call-Off Contract: The Agreement Fee for all Categories is set at 1% of the total invoiced value (ex VAT) of Materials purchased by all Members for the Payment Quarter in question as identified from the Management Information. The Agent shall be entitled to invoice the Supplier in respect of the Agreement Fee due for each Payment Quarter based on the Management Information provided by the Supplier. The Management Information for each Payment Quarter provided by the Supplier within five (5) Working Days of request will include the following information: A list of all Members purchasing Materials and Services through the Agreement including all active account numbers; Total value (excluding VAT) of all Materials and services purchased by each Member across the accounts identified in 10.3.1, in the preceding Payment Quarter; Full line level detail of the purchases made by Members for the Payment Quarter, including (but not limited to) where available; Category/sub-group of Material; Material product code; Material description; Unit of measure information; Quantity purchased; Line value (ex VAT). New additions to the list identified in 10.3.1, showing the commencement date and the anticipated end-date of any Call-Off Contract. Management Information requested by the Agent may also include other information required by NEPO, for example (but not limited to): training delivered and social value projects undertaken. Unless otherwise agreed in writing, the Supplier shall pay by BACS the amount stated in any invoice submitted by the Agent within thirty (30) calendar days of the date of issue of the invoice. If the Supplier fails to make any payment when due, in accordance with Clause 10.4 above, the Agent may charge the Supplier daily interest on the overdue amount at the rate of 3% per annum above the base rate from time to time of the Bank of England The Supplier shall not pass on, recharge to and/or recover by whatever means from any Member the cost of the Agreement fees. Agreement fees shall be exclusive of VAT. The Supplier shall pay the VAT on the Agreement fees at the prevailing rate on the date of invoice. Any IT development costs incurred by the Supplier in the provision of Management Information as described in clause 10.3 are the sole responsibility of the Supplier. The Agent reserves the right to review the position of the Supplier on the DPS for regular and unreasonable failure to provide the required Management Information and/or non-payment of invoices. Failure to provide Management Information or to pay invoices on time on more than three (3) occasions in any rolling twelve (12) month period may result in the Supplier being Suspended. Two (2) occurrences of the Supplier being Suspended, may at the discretion of the Agent and NEPO be considered a material breach of this Agreement for the purposes of clause 12.1.

Further Competition. Any Member awarding Prior to conducting the further competition we advise that you consider the following questions: Do you need to form a Callproject team? If so, who is the most appropriate person to lead it? Have you formed a stakeholder group to formulate requirements? Have you identified specific resource to support the various stages of the project including data gathering, drafting of the statement of requirements and bid evaluation? Who will approve the award once proposals have been evaluated? Further competition criteria weightings are set by the framework agreement. Procurement regulations require that you adhere to weighting levels within these tolerances. If you set weightings outside of these levels you are at risk of a challenge to your procurement. Quality – 60% to 80% Price – 20% to 40% There are a number of options available to you when issuing further competition documents. You can use our online eSourcing suite or alternatively your own departmental standard tender process. You are also able to run a further competition as an Electronic Reverse Auction. If you are interested in running an eAuction, please register your interest with our eAuction team here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/i-Off Contract am-a-buyer/run-further-competition/register Make your award decision by applying the criteria weightings to your evaluation. Rank the participating Suppliers in a list compiled by their total score achieved. Award the contract to the Supplier that ranks first within the evaluation using the criteria and associated weightings. You should notify all participating Suppliers of the outcome, once you have identified a successful Supplier. It is best practice to give all participating Suppliers feedback on the reasons why they were unsuccessful or successful and areas where they could improve for future reference. While this is not mandatory under this Agreement through the regulations, standard best practice is to observe a Further Competition shall: Ensure compliance ten working days standstill period in between making your award decision (Intention to Award) and actually signing a contract. This is also known as an Alcatel period. Place your order with the requirements of Regulations 34 successful Supplier using Order Form and 54 of the PCR 2015; Identify which Category(s) the Call-Call Off Contract. The Order Form and Call Off Contract should be awarded under; Develop a Further Competition tender setting out its requirements for Materials, this including clear identification populated and exchanged with the successful Service Provider and signed by both parties to the contract. Population of the Member’s specific functional Order Form and operational requirements; Clearly state Call Off Contract involves the Call-Off Award Criteria to be used and any appropriate guidance as to the evaluation process/methodology being applied; Make the Further Competition tender available to Suppliers identified as suitable to participate via the DPS Portal; Submissions from Suppliers for all Further Competitions awarded must also be made online only via the DPS portal. Ensure all Suppliers within the relevant Category(s) are invited to submit a response; Allow Suppliers a reasonable and proportionate amount of time to prepare and submit their responses, but in any event no less than 10 days; Evaluate submissions in accordance with the Call-Off Award Criteria detailed within the Further Competition. With the results inclusion of the application service requirements, and details of the Call-Off Award Criteria forming the basis of its decision to award a Call-Off Contract for provision of Materials; Award its Call-Off Contract to the successful Supplier(s) as per the Call-Off Award Criteria stated within the Further Competition; Provide unsuccessful Suppliers with written feedback in relation to the reasons why their tenders were unsuccessful. Members are advised to hold a voluntary 10-day standstill period prior to entering into any Call-Off Contract. This is not a mandatory requirement. Any Supplier invited to participate in a Further Competition shall notify the Member in writing if it declines to submit a response to the Further Competition. The Member conducting the Further Competition shall be entitled at all times to decline to make an award. Nothing in this Agreement shall oblige any Member to award any Call-Off Contract. The Supplier recognises that each Member seeking to award a Call-Off Contract pursuant to this Agreement is responsible for its conduct and compliance of the process used. The Supplier agrees that NEPO and the Agent shall have no liability in relation to:- The conduct and behaviour of Members conducting Further Competitions The performance or non-performance of any Call-Off Contracts between Members and Suppliers. Agreement fees & Provision of data The Supplier, when awarded a Call-Off Contract under this Agreement to supply Materials will pay Agreement Fees to the Agent on the following basis, unless specified differently under the Further Competition process used to award the Call-Off Contract: The Agreement Fee for all Categories is set at 1% of the total invoiced value (ex VAT) of Materials purchased by all Members for the Payment Quarter in question as identified from the Management Information. The Agent shall be entitled to invoice the Supplier in respect of the Agreement Fee due for each Payment Quarter based on the Management Information provided by the Supplier. The Management Information for each Payment Quarter provided by the Supplier within five (5) Working Days of request will include the following information: A list of all Members purchasing Materials and Services through the Agreement including all active account numbers; Total value (excluding VAT) of all Materials and services purchased by each Member across the accounts identified in 10.3.1, in the preceding Payment Quarter; Full line level detail of the purchases made by Members for the Payment Quarter, including (but not limited to) where available; Categorypricing/sub-group of Material; Material product code; Material description; Unit of measure information; Quantity purchased; Line value (ex VAT). New additions to the list identified in 10.3.1, showing the commencement date and the anticipated end-date of any Call-Off Contract. Management Information requested by the Agent may also include other information required by NEPO, for example (but not limited to): training delivered and social value projects undertaken. Unless otherwise agreed in writing, the Supplier shall pay by BACS the amount stated in any invoice submitted by the Agent within thirty (30) calendar days of the date of issue of the invoice. If the Supplier fails to make any payment when due, in accordance with Clause 10.4 above, the Agent may charge the Supplier daily interest on the overdue amount at the rate of 3% per annum above the base rate from time to time of the Bank of England The Supplier shall not pass on, recharge to and/or recover by whatever means from any Member the cost of the Agreement fees. Agreement fees shall be exclusive of VAT. The Supplier shall pay the VAT on the Agreement fees at the prevailing rate on the date of invoice. Any IT development costs incurred by the Supplier in the provision of Management Information as described in clause 10.3 are the sole responsibility of the Supplier. The Agent reserves the right to review the position of the Supplier on the DPS for regular and unreasonable failure to provide the required Management Information and/or non-payment of invoices. Failure to provide Management Information or to pay invoices on time on more than three (3) occasions in any rolling twelve (12) month period may result in the Supplier being Suspended. Two (2) occurrences of the Supplier being Suspended, may at the discretion of the Agent and NEPO be considered a material breach of this Agreement for the purposes of clause 12.1charging structure.

Further Competition. Any Member awarding 9.1 Prior to conducting the Further Competition we advise that you consider the following questions: Have you adequately conducted pre-market engagement? Do you need to form a Callproject team? If so, who is the most appropriate person to lead it? Have you formed a stakeholder group to formulate your requirements? Have you identified specific resource to support the various stages of the project including initial data gathering, drafting of the statement of requirements and bid evaluation, working with the successful supplier to ensure a smooth implementation? Who will approve the award once proposals have been evaluated? 9.2 What Information is required ahead of a further competition? Ahead of a further competition customers should have accurate and up-Off Contract under to date levels of information relating to their card usage and user behaviour in order for suppliers to understand their current situation and to accurately respond to the further competition. The suppliers will also need to understand your ‘future’ requirements in order to respond effectively. As a minimum this Agreement should/could include: Number of cards currently in operation/required in the future (estimation); Geographical nature of the requirement; Restrictions to be placed on cards; Number of users; Type and level and frequency of management information required; Current spend/Future spend (estimation) 9.3 Other areas to consider: What are your organisations strategic objectives? Do your requirements mirror these? Has ‘buy-in’ across the organisation (including senior management) been achieved? What internal resource is there to support the project particularly through implementation? 9.4 Further Competition criteria weightings are set by the framework agreement. Procurement regulations require that you adhere to weighting levels within these tolerances. If you set weightings outside of these levels you are at risk of a challenge to your procurement. 9.5 There are a number of options available to you when issuing your Further Competition documents. You can use our online eSourcing suite or alternatively your own departmental standard tender process. 9.6 You are also able to run a Further Competition shallas an Electronic Reverse Auction. If you are interested in running an eAuction, please register your interest with our eAuction team here: Ensure compliance ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/i-am-a-buyer/run-further-competition/register (note: the earlier you engage with the requirements of Regulations 34 and 54 eAuction team the better). 9.7 Make your award decision by applying the criteria weightings to your evaluation. Rank the participating suppliers in a list compiled by their total score achieved taking into consideration all aspects of the PCR 2015; Identify which Category(sspecified evaluation criteria and weightings. Award the contract to the supplier that ranks first within the evaluation using the criteria and associated weightings. 9.8 You should notify all participating suppliers of the outcome, once you have identified a successful supplier. It is best practice to give all participating suppliers feedback on the reasons why they were successful or unsuccessful covering areas where they could improve for future reference. While it is not a mandatory requirement under the procurement regulations, standard best practice is to apply and observe a ten (10) working days standstill period in between making your award decision (Intention to Award) and actually signing a contract. This is also known as an Alcatel period. 9.9 Place your order with the Call-successful supplier using the Order Form and Call Off Contract. The Order Form and Call Off Contract should be awarded under; Develop a Further Competition tender setting out its requirements for Materials, this including clear identification populated and exchanged with the successful supplier and signed by both parties to the contract. Population of the Member’s specific functional Order Form and operational Call Off Contract involves the inclusion of the specified and agreed service requirements; Clearly state the Call-Off Award Criteria to be used and any appropriate guidance as , ‘locally’ agreed variations to the evaluation process/methodology being applied; Make the Further Competition tender available to Suppliers identified as suitable to participate via the DPS Portal; Submissions from Suppliers for all Further Competitions awarded must also be made online only via the DPS portal. Ensure all Suppliers within ‘standard’ call off terms and details of the relevant Category(s) are invited to submit a response; Allow Suppliers a reasonable and proportionate amount of time to prepare and submit their responses, but in any event no less than 10 days; Evaluate submissions in accordance with the Call-Off Award Criteria detailed within the Further Competition. With the results of the application of the Call-Off Award Criteria forming the basis of its decision to award a Call-Off Contract for provision of Materials; Award its Call-Off Contract to the successful Supplier(s) as per the Call-Off Award Criteria stated within the Further Competition; Provide unsuccessful Suppliers with written feedback in relation to the reasons why their tenders were unsuccessful. Members are advised to hold a voluntary 10-day standstill period prior to entering into any Call-Off Contract. This is not a mandatory requirement. Any Supplier invited to participate in a Further Competition shall notify the Member in writing if it declines to submit a response to the Further Competition. The Member conducting the Further Competition shall be entitled at all times to decline to make an award. Nothing in this Agreement shall oblige any Member to award any Call-Off Contract. The Supplier recognises that each Member seeking to award a Call-Off Contract pursuant to this Agreement is responsible for its conduct and compliance of the process used. The Supplier agrees that NEPO and the Agent shall have no liability in relation to:- The conduct and behaviour of Members conducting Further Competitions The performance or non-performance of any Call-Off Contracts between Members and Suppliers. Agreement fees & Provision of data The Supplier, when awarded a Call-Off Contract under this Agreement to supply Materials will pay Agreement Fees to the Agent on the following basis, unless specified differently under the Further Competition process used to award the Call-Off Contract: The Agreement Fee for all Categories is set at 1% of the total invoiced value (ex VAT) of Materials purchased by all Members for the Payment Quarter in question as identified from the Management Information. The Agent shall be entitled to invoice the Supplier in respect of the Agreement Fee due for each Payment Quarter based on the Management Information provided by the Supplier. The Management Information for each Payment Quarter provided by the Supplier within five (5) Working Days of request will include the following information: A list of all Members purchasing Materials and Services through the Agreement including all active account numbers; Total value (excluding VAT) of all Materials and services purchased by each Member across the accounts identified in 10.3.1, in the preceding Payment Quarter; Full line level detail of the purchases made by Members for the Payment Quarter, including (but not limited to) where available; Categorypricing/sub-group of Material; Material product code; Material description; Unit of measure information; Quantity purchased; Line value (ex VAT). New additions to the list identified in 10.3.1, showing the commencement date and the anticipated end-date of any Call-Off Contract. Management Information requested by the Agent may also include other information required by NEPO, for example (but not limited to): training delivered and social value projects undertaken. Unless otherwise agreed in writing, the Supplier shall pay by BACS the amount stated in any invoice submitted by the Agent within thirty (30) calendar days of the date of issue of the invoice. If the Supplier fails to make any payment when due, in accordance with Clause 10.4 above, the Agent may charge the Supplier daily interest on the overdue amount at the rate of 3% per annum above the base rate from time to time of the Bank of England The Supplier shall not pass on, recharge to and/or recover by whatever means from any Member the cost of the Agreement fees. Agreement fees shall be exclusive of VAT. The Supplier shall pay the VAT on the Agreement fees at the prevailing rate on the date of invoice. Any IT development costs incurred by the Supplier in the provision of Management Information as described in clause 10.3 are the sole responsibility of the Supplier. The Agent reserves the right to review the position of the Supplier on the DPS for regular and unreasonable failure to provide the required Management Information and/or non-payment of invoices. Failure to provide Management Information or to pay invoices on time on more than three (3) occasions in any rolling twelve (12) month period may result in the Supplier being Suspended. Two (2) occurrences of the Supplier being Suspended, may at the discretion of the Agent and NEPO be considered a material breach of this Agreement for the purposes of clause 12.1charging structure which has been agreed.

Further Competition. Any Member awarding 9.1 Prior to conducting the Further Competition we advise that you consider the following questions: Have you adequately conducted pre-market engagement? Do you need to form a Callproject team? If so, who is the most appropriate person to lead it? Have you formed a stakeholder group to formulate your requirements? Have you identified specific resource to support the various stages of the project including initial data gathering, drafting of the statement of requirements and bid evaluation, working with the successful supplier to ensure a smooth implementation? Who will approve the award once proposals have been evaluated? 9.2 What Information is required ahead of a further competition? Ahead of a further competition customers should have accurate and up-Off Contract under to date levels of information relating to their card usage and user behaviour in order for suppliers to understand their current situation and to accurately respond to the further competition. The suppliers will also need to understand your ‘future’ requirements in order to respond effectively. As a minimum this Agreement should/could include: Number of cards currently in operation/required in the future (estimation); Geographical nature of the requirement; Restrictions to be placed on cards; Number of users; Type and level and frequency of management information required; Current spend/Future spend (estimation) 9.3 Other areas to consider: What are your organisations strategic objectives? Do your requirements mirror these? Has ‘buy-in’ across the organisation (including senior management) been achieved? What internal resource is there to support the project particularly through implementation? 9.4 Further Competition criteria weightings are set by the framework agreement. Procurement regulations require that you adhere to weighting levels within these tolerances. If you set weightings outside of these levels you are at risk of a challenge to your procurement. A PRICE 20% - 40% (range) B QUALITY 60% - 80% (range) 9.5 There are a number of options available to you when issuing your Further Competition documents. You can use our online eSourcing suite or alternatively your own departmental standard tender process. 9.6 You are also able to run a Further Competition shallas an Electronic Reverse Auction. If you are interested in running an eAuction, please register your interest with our eAuction team here: Ensure compliance ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/i-am-a-buyer/run-further-competition/register (note: the earlier you engage with the requirements of Regulations 34 and 54 eAuction team the better). 9.7 Make your award decision by applying the criteria weightings to your evaluation. Rank the participating suppliers in a list compiled by their total score achieved taking into consideration all aspects of the PCR 2015; Identify which Category(sspecified evaluation criteria and weightings. Award the contract to the supplier that ranks first within the evaluation using the criteria and associated weightings. 9.8 You should notify all participating suppliers of the outcome, once you have identified a successful supplier. It is best practice to give all participating suppliers feedback on the reasons why they were successful or unsuccessful covering areas where they could improve for future reference. While it is not a mandatory requirement under the procurement regulations, standard best practice is to apply and observe a ten (10) working days standstill period in between making your award decision (Intention to Award) and actually signing a contract. This is also known as an Alcatel period. 9.9 Place your order with the Call-successful supplier using the Order Form and Call Off Contract. The Order Form and Call Off Contract should be awarded under; Develop a Further Competition tender setting out its requirements for Materials, this including clear identification populated and exchanged with the successful supplier and signed by both parties to the contract. Population of the Member’s specific functional Order Form and operational Call Off Contract involves the inclusion of the specified and agreed service requirements; Clearly state the Call-Off Award Criteria to be used and any appropriate guidance as , ‘locally’ agreed variations to the evaluation process/methodology being applied; Make the Further Competition tender available to Suppliers identified as suitable to participate via the DPS Portal; Submissions from Suppliers for all Further Competitions awarded must also be made online only via the DPS portal. Ensure all Suppliers within ‘standard’ call off terms and details of the relevant Category(s) are invited to submit a response; Allow Suppliers a reasonable and proportionate amount of time to prepare and submit their responses, but in any event no less than 10 days; Evaluate submissions in accordance with the Call-Off Award Criteria detailed within the Further Competition. With the results of the application of the Call-Off Award Criteria forming the basis of its decision to award a Call-Off Contract for provision of Materials; Award its Call-Off Contract to the successful Supplier(s) as per the Call-Off Award Criteria stated within the Further Competition; Provide unsuccessful Suppliers with written feedback in relation to the reasons why their tenders were unsuccessful. Members are advised to hold a voluntary 10-day standstill period prior to entering into any Call-Off Contract. This is not a mandatory requirement. Any Supplier invited to participate in a Further Competition shall notify the Member in writing if it declines to submit a response to the Further Competition. The Member conducting the Further Competition shall be entitled at all times to decline to make an award. Nothing in this Agreement shall oblige any Member to award any Call-Off Contract. The Supplier recognises that each Member seeking to award a Call-Off Contract pursuant to this Agreement is responsible for its conduct and compliance of the process used. The Supplier agrees that NEPO and the Agent shall have no liability in relation to:- The conduct and behaviour of Members conducting Further Competitions The performance or non-performance of any Call-Off Contracts between Members and Suppliers. Agreement fees & Provision of data The Supplier, when awarded a Call-Off Contract under this Agreement to supply Materials will pay Agreement Fees to the Agent on the following basis, unless specified differently under the Further Competition process used to award the Call-Off Contract: The Agreement Fee for all Categories is set at 1% of the total invoiced value (ex VAT) of Materials purchased by all Members for the Payment Quarter in question as identified from the Management Information. The Agent shall be entitled to invoice the Supplier in respect of the Agreement Fee due for each Payment Quarter based on the Management Information provided by the Supplier. The Management Information for each Payment Quarter provided by the Supplier within five (5) Working Days of request will include the following information: A list of all Members purchasing Materials and Services through the Agreement including all active account numbers; Total value (excluding VAT) of all Materials and services purchased by each Member across the accounts identified in 10.3.1, in the preceding Payment Quarter; Full line level detail of the purchases made by Members for the Payment Quarter, including (but not limited to) where available; Categorypricing/sub-group of Material; Material product code; Material description; Unit of measure information; Quantity purchased; Line value (ex VAT). New additions to the list identified in 10.3.1, showing the commencement date and the anticipated end-date of any Call-Off Contract. Management Information requested by the Agent may also include other information required by NEPO, for example (but not limited to): training delivered and social value projects undertaken. Unless otherwise agreed in writing, the Supplier shall pay by BACS the amount stated in any invoice submitted by the Agent within thirty (30) calendar days of the date of issue of the invoice. If the Supplier fails to make any payment when due, in accordance with Clause 10.4 above, the Agent may charge the Supplier daily interest on the overdue amount at the rate of 3% per annum above the base rate from time to time of the Bank of England The Supplier shall not pass on, recharge to and/or recover by whatever means from any Member the cost of the Agreement fees. Agreement fees shall be exclusive of VAT. The Supplier shall pay the VAT on the Agreement fees at the prevailing rate on the date of invoice. Any IT development costs incurred by the Supplier in the provision of Management Information as described in clause 10.3 are the sole responsibility of the Supplier. The Agent reserves the right to review the position of the Supplier on the DPS for regular and unreasonable failure to provide the required Management Information and/or non-payment of invoices. Failure to provide Management Information or to pay invoices on time on more than three (3) occasions in any rolling twelve (12) month period may result in the Supplier being Suspended. Two (2) occurrences of the Supplier being Suspended, may at the discretion of the Agent and NEPO be considered a material breach of this Agreement for the purposes of clause 12.1charging structure which has been agreed.