Competitive procedure with negotiation - Revision history

Editor at 15:46, 21 September 2021

2021-09-21T15:46:25Z

← Older revision		Revision as of 15:46, 21 September 2021
Line 53:		Line 53:
	* Contract conditions.		* Contract conditions.
	* Negotiated contract.		* Negotiated contract.
		+	* Negotiated Procedure without Prior Publication NPwPP.
	* OGC.		* OGC.
	* OJEU procurement procedures.		* OJEU procurement procedures.

Designing Buildings at 06:45, 15 September 2021

2021-09-15T06:45:57Z

← Older revision		Revision as of 06:45, 15 September 2021
Line 1:		Line 1:
	[[File:ManyPartiesNegotiate.jpg\|link=File:ManyPartiesNegotiate.jpg]]		[[File:ManyPartiesNegotiate.jpg\|link=File:ManyPartiesNegotiate.jpg]]

−	= ~~Introduction~~ =	+	= Definition =

−	~~The Single Procurement Document (Scotland) - also referred to as SPD (Scotland) - is a document that contains questions used at~~ the ~~selection stage for post-Brexit procurement exercises in Scotland to identify suitably qualified and experienced bidders.~~	+	Initially introduced under the Public Contracts Regulations 2015, the competitive procedure with negotiation is one of the six main procedures for higher value regulated public sector procurement.
−		+
−	~~The [https://www.supplierjourney.scot/ Supplier Journey] portion of~~ the ~~Scottish Government’s procurement guidance website offers an overview~~ of the ~~different types of procurement~~ procedures ~~that are available under SPD (Scotland). One such type of~~ procurement ~~is competitive procedure with negotiation~~.	+
−		+
−	~~= Definition =~~	+

	According to the [https://www.star-procurement.gov.uk/Suppliers/Docs/STAR-Procurement-Glossary-of-Terms-May-2019.pdf STAR Procurement Glossary of Terms], a competitive procedure with negotiation may take place, “following the receipt of initial tender responses, [after which] the tenderer could choose to negotiate with more than one [provider] before a final contract award is made. This might be beneficial where the requirement is complex or requires innovative solutions.”		According to the [https://www.star-procurement.gov.uk/Suppliers/Docs/STAR-Procurement-Glossary-of-Terms-May-2019.pdf STAR Procurement Glossary of Terms], a competitive procedure with negotiation may take place, “following the receipt of initial tender responses, [after which] the tenderer could choose to negotiate with more than one [provider] before a final contract award is made. This might be beneficial where the requirement is complex or requires innovative solutions.”
Line 18:		Line 14:
	* The public body has already tried to procure the goods or services using the open or restricted procedure but only received irregular or unacceptable tenders.		* The public body has already tried to procure the goods or services using the open or restricted procedure but only received irregular or unacceptable tenders.

−	Guidance issued by the Office of Government Commerce (OGC) ~~states~~ that this method should only be used under ‘...very exceptional circumstances’ (ref OGC: Guidance on the competitive dialogue procedure in the new procurement regulations, 2006).	+	Guidance issued by the Office of Government Commerce (OGC) stated that this method should only be used under ‘...very exceptional circumstances’ (ref OGC: Guidance on the competitive dialogue procedure in the new procurement regulations, 2006).

−	= Details of the procedure =	+	= Details of the procedure in Scotland =

−	~~Initially introduced under the Public Contracts Regulations 2015, competitive procedure with negotiation~~ is ~~one of~~ the ~~six main procedures~~ for ~~higher value regulated public sector~~ procurement in Scotland. ~~Under~~ competitive procedure with negotiation:	+	The Single Procurement Document (Scotland) - also referred to as SPD (Scotland) - is a document that contains questions used at the selection stage for post-Brexit procurement exercises in Scotland to identify suitably qualified and experienced bidders. The [https://www.supplierjourney.scot/ Supplier Journey] portion of the Scottish Government’s procurement guidance website offers an overview of the competitive procedure with negotiation:

	* The [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/contract-notice contract notice] clearly states that this method is being used and will request the completion of an SPD (Scotland).		* The [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/contract-notice contract notice] clearly states that this method is being used and will request the completion of an SPD (Scotland).
	* Any supplier may make a request to participate.		* Any supplier may make a request to participate.
	* The supplier must submit a completed SPD within the timelines set out by the procurement officer.		* The supplier must submit a completed SPD within the timelines set out by the procurement officer.
−	* SPDs have been submitted and assessed, the procurement officer will prepare a shortlist of suppliers who have met the [https://www.supplierjourney.scot/supplier-journey/bid/tenders selection criteria] and invite them to the initial tender phase.	+	* Once SPDs have been submitted and assessed, the procurement officer will prepare a shortlist of suppliers who have met the [https://www.supplierjourney.scot/supplier-journey/bid/tenders selection criteria] and invite them to the initial tender phase.
	* The minimum number of suppliers who can be shortlisted is three (if three meet the selection criteria requirements).		* The minimum number of suppliers who can be shortlisted is three (if three meet the selection criteria requirements).
	* The preparation stage can be followed by several rounds of negotiation in order for the public body to seek approved offers.		* The preparation stage can be followed by several rounds of negotiation in order for the public body to seek approved offers.
	* Negotiations may result in a new or revised tender being issued.		* Negotiations may result in a new or revised tender being issued.

−	~~= Timeline for submissions =~~	+	Interested parties participating in competitive procedure with negotiation arrangements are given, on average, at least 30 days to submit selection stage documents. This timeline starts from the day the contract notice is sent for publication.
−		+
−	Interested parties participating in competitive procedure with negotiation arrangements are given, on average, at least 30 days ~~to respond~~ to submit selection stage documents. This timeline starts from the day the contract notice is sent for publication.	+

	For the award stage, possible participants are also typically given a minimum of 30 days to respond. This timescale can be amended depending on whether a [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/prior-information-notice Prior Information Notice] was issued (and how it has been used) or in instances where bids will be accepted electronically.		For the award stage, possible participants are also typically given a minimum of 30 days to respond. This timescale can be amended depending on whether a [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/prior-information-notice Prior Information Notice] was issued (and how it has been used) or in instances where bids will be accepted electronically.

	Details of all of the tender timelines should be provided in the tender documents. If there is a justifiable reason to change the tender closing date, the new date should be communicated to all bidders. If a tender has already been submitted, the bidder should be given the opportunity to withdraw the original bid and submit a revised one.		Details of all of the tender timelines should be provided in the tender documents. If there is a justifiable reason to change the tender closing date, the new date should be communicated to all bidders. If a tender has already been submitted, the bidder should be given the opportunity to withdraw the original bid and submit a revised one.
−
−	~~= Respond to a competitive procedure with negotiation =~~

	It is the responsibility of all suppliers to ensure that their bids have been submitted in accordance with the rules of the competition and before the specified deadline.		It is the responsibility of all suppliers to ensure that their bids have been submitted in accordance with the rules of the competition and before the specified deadline.

Editor at 16:56, 14 September 2021

2021-09-14T16:56:48Z

Editor at 16:46, 14 September 2021

2021-09-14T16:46:38Z

← Older revision		Revision as of 16:46, 14 September 2021
Line 58:		Line 58:
	* Competitive dialogue procedure for construction contracts.		* Competitive dialogue procedure for construction contracts.
	* Contract conditions.		* Contract conditions.
−	* Procurement route.
	* Negotiated contract.		* Negotiated contract.
	* OGC.		* OGC.
	* OJEU procurement procedures.		* OJEU procurement procedures.
		+	* Procurement route.
	* Selection criteria.		* Selection criteria.
	* Single Procurement Document (Scotland).		* Single Procurement Document (Scotland).

Editor at 16:44, 14 September 2021

2021-09-14T16:44:40Z

← Older revision		Revision as of 16:44, 14 September 2021
Line 71:		Line 71:
	* Scottish Government, [https://www.supplierjourney.scot/ Supplier Journey].		* Scottish Government, [https://www.supplierjourney.scot/ Supplier Journey].
	* [https://www.star-procurement.gov.uk/Suppliers/Docs/STAR-Procurement-Glossary-of-Terms-May-2019.pdf STAR Procurement Glossary of Terms].		* [https://www.star-procurement.gov.uk/Suppliers/Docs/STAR-Procurement-Glossary-of-Terms-May-2019.pdf STAR Procurement Glossary of Terms].
		+
		+	[[Category:DCN_Guidance]] [[Category:DCN_Policy]] [[Category:Policy]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]] [[Category:Procurement]] [[Category:Public_procedures]]

Editor at 16:43, 14 September 2021

2021-09-14T16:43:02Z

← Older revision		Revision as of 16:43, 14 September 2021
Line 5:		Line 5:
	The Single Procurement Document (Scotland) - also referred to as SPD (Scotland) - is a document that contains questions used at the selection stage for post-Brexit procurement exercises in Scotland to identify suitably qualified and experienced bidders.		The Single Procurement Document (Scotland) - also referred to as SPD (Scotland) - is a document that contains questions used at the selection stage for post-Brexit procurement exercises in Scotland to identify suitably qualified and experienced bidders.

−	The Supplier Journey portion of the Scottish Government’s procurement guidance website offers an overview of the different types of procurement procedures that are available under SPD (Scotland). One such type of procurement is the competitive procedure with negotiation.	+	The [https://www.supplierjourney.scot/ Supplier Journey] portion of the Scottish Government’s procurement guidance website offers an overview of the different types of procurement procedures that are available under SPD (Scotland). One such type of procurement is the competitive procedure with negotiation. However, guidance issued by the Office of Government Commerce (OGC) states that this method should only be used under ‘...very exceptional circumstances’ (ref OGC: Guidance on the competitive dialogue procedure in the new procurement regulations, 2006).

	= Definition =		= Definition =
Line 20:		Line 20:
	= Details of the procedure =		= Details of the procedure =

−	Initially introduced under the Public Contracts Regulations 2015, the competitive procedure with negotiation is one of the six main procedures for higher value regulated public sector procurement in Scotland. ~~Guidance issued by the Office of Government Commerce (OGC) states that~~ the competitive procedure with negotiation ~~should only be used under ‘...very exceptional circumstances’ (ref OGC~~: ~~Guidance on the competitive dialogue procedure in the new procurement regulations, 2006).~~	+	Initially introduced under the Public Contracts Regulations 2015, the competitive procedure with negotiation is one of the six main procedures for higher value regulated public sector procurement in Scotland. Under the competitive procedure with negotiation:

−	~~Under the competitive procedure with negotiation:~~	+	* The [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/contract-notice contract notice] clearly states that this method is being used and will request the completion of an SPD (Scotland).
−		+
−	* The [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/contract-notice contract notice] clearly states that this method is being used and will request the completion of an ~~ESPD~~ (Scotland).	+
	* Any supplier may make a request to participate.		* Any supplier may make a request to participate.
	* The supplier must submit a completed SPD within the timelines set out by the procurement officer.		* The supplier must submit a completed SPD within the timelines set out by the procurement officer.
−	* Following assessment of the submitted SPDs, the procurement officer will shortlist suppliers who have met the [https://www.supplierjourney.scot/supplier-journey/bid/tenders selection criteria] and invite them to the initial tender phase.	+	* Following assessment of the submitted SPDs, the procurement officer will prepare a shortlist of suppliers who have met the [https://www.supplierjourney.scot/supplier-journey/bid/tenders selection criteria] and invite them to the initial tender phase.
	* The minimum number of suppliers who can be shortlisted is three (if three meet the selection criteria requirements).		* The minimum number of suppliers who can be shortlisted is three (if three meet the selection criteria requirements).
	* This can be followed by several rounds of negotiation in order for the public body to seek approved offers (negotiations should only improve the bids and not cover the contract fundamentals e.g. price to suppliers).		* This can be followed by several rounds of negotiation in order for the public body to seek approved offers (negotiations should only improve the bids and not cover the contract fundamentals e.g. price to suppliers).
	* Negotiations may result in a new or revised tender being issued.		* Negotiations may result in a new or revised tender being issued.
−
−	~~Once these considerations have been met, the procurement officer will make a contract award.~~

	= Timeline for submissions =		= Timeline for submissions =
Line 38:		Line 34:
	Interested parties participating in competitive procedure with negotiation arrangements are given, on average, at least 30 days to respond to submit selection stage documents. This timeline starts from the day the contract notice is sent for publication.		Interested parties participating in competitive procedure with negotiation arrangements are given, on average, at least 30 days to respond to submit selection stage documents. This timeline starts from the day the contract notice is sent for publication.

−	For the award stage, possible participants are normally given a minimum of 30 days to respond to the tender. This timescale can be amended depending on whether a [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/prior-information-notice Prior Information Notice] was issued (and how it is used) or where bids will be accepted electronically.	+	For the award stage, possible participants are normally given a minimum of 30 days to respond to the tender. This timescale can be amended depending on whether a [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/prior-information-notice Prior Information Notice] was issued (and how it has been used) or in instances where bids will be accepted electronically.

−	The procurement officer is expected to provide details of all of the tender timelines in the tender documents. If there is a justifiable reason to change the tender closing date, the new date should be communicated to all bidders. If a tender has already been submitted, the ~~submitter~~ should be given the opportunity to withdraw the original bid and submit a revised one.	+	The procurement officer is expected to provide details of all of the tender timelines in the tender documents. If there is a justifiable reason to change the tender closing date, the new date should be communicated to all bidders. If a tender has already been submitted, the supplier should be given the opportunity to withdraw the original bid and submit a revised one.

	= Respond to a competitive procedure with negotiation =		= Respond to a competitive procedure with negotiation =

Editor at 16:36, 14 September 2021

2021-09-14T16:36:27Z

← Older revision		Revision as of 16:36, 14 September 2021
Line 1:		Line 1:
−	[[File:ManyPartiesNegotiate.jpg]]	+	[[File:ManyPartiesNegotiate.jpg\|link=File:ManyPartiesNegotiate.jpg]]

	= Introduction =		= Introduction =
Line 9:		Line 9:
	= Definition =		= Definition =

−	According to the STAR Procurement Glossary of Terms, a competitive procedure with negotiation may take place, “following the receipt of initial tender responses, [after which] the tenderer could choose to negotiate with more than one [provider] before a final contract award is made. This might be beneficial where the requirement is complex or requires innovative solutions.”	+	According to the [https://www.star-procurement.gov.uk/Suppliers/Docs/STAR-Procurement-Glossary-of-Terms-May-2019.pdf STAR Procurement Glossary of Terms], a competitive procedure with negotiation may take place, “following the receipt of initial tender responses, [after which] the tenderer could choose to negotiate with more than one [provider] before a final contract award is made. This might be beneficial where the requirement is complex or requires innovative solutions.”

−	The Construction Procurement Handbook further explains that the competitive procedure with negotiation can be used by a procurement officer where the contract cannot be awarded without prior negotiation because of the nature or complexity of the goods or services required. This tends to occur in certain situations, including when:	+	The [https://www.gov.scot/publications/construction-procurement-handbook/ Construction Procurement Handbook] further explains that the competitive procedure with negotiation can be used by a procurement officer where the contract cannot be awarded without prior negotiation because of the nature or complexity of the goods or services required. This tends to occur in certain situations, including when:

	* The needs of the contract cannot be met without adaptation of readily available solutions.		* The needs of the contract cannot be met without adaptation of readily available solutions.
Line 24:		Line 24:
	Under the competitive procedure with negotiation:		Under the competitive procedure with negotiation:

−	* The contract notice ~~makes it clear~~ that this method is being used and will request the completion of an ESPD (Scotland).	+	* The [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/contract-notice contract notice] clearly states that this method is being used and will request the completion of an ESPD (Scotland).
	* Any supplier may make a request to participate.		* Any supplier may make a request to participate.
−	* The supplier must submit a completed SPD within the timelines set out by the procurement officer/	+	* The supplier must submit a completed SPD within the timelines set out by the procurement officer.
−	* Following assessment of the submitted SPDs, the procurement officer will shortlist suppliers who have met the selection criteria and invite them to the initial tender phase.	+	* Following assessment of the submitted SPDs, the procurement officer will shortlist suppliers who have met the [https://www.supplierjourney.scot/supplier-journey/bid/tenders selection criteria] and invite them to the initial tender phase.
	* The minimum number of suppliers who can be shortlisted is three (if three meet the selection criteria requirements).		* The minimum number of suppliers who can be shortlisted is three (if three meet the selection criteria requirements).
	* This can be followed by several rounds of negotiation in order for the public body to seek approved offers (negotiations should only improve the bids and not cover the contract fundamentals e.g. price to suppliers).		* This can be followed by several rounds of negotiation in order for the public body to seek approved offers (negotiations should only improve the bids and not cover the contract fundamentals e.g. price to suppliers).
Line 38:		Line 38:
	Interested parties participating in competitive procedure with negotiation arrangements are given, on average, at least 30 days to respond to submit selection stage documents. This timeline starts from the day the contract notice is sent for publication.		Interested parties participating in competitive procedure with negotiation arrangements are given, on average, at least 30 days to respond to submit selection stage documents. This timeline starts from the day the contract notice is sent for publication.

−	For the award stage, possible participants are normally given a minimum of 30 days to respond to the tender. This timescale can be amended depending on whether a Prior Information Notice was issued (and how it is used) or where bids will be accepted electronically.	+	For the award stage, possible participants are normally given a minimum of 30 days to respond to the tender. This timescale can be amended depending on whether a [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/prior-information-notice Prior Information Notice] was issued (and how it is used) or where bids will be accepted electronically.

	The procurement officer is expected to provide details of all of the tender timelines in the tender documents. If there is a justifiable reason to change the tender closing date, the new date should be communicated to all bidders. If a tender has already been submitted, the submitter should be given the opportunity to withdraw the original bid and submit a revised one.		The procurement officer is expected to provide details of all of the tender timelines in the tender documents. If there is a justifiable reason to change the tender closing date, the new date should be communicated to all bidders. If a tender has already been submitted, the submitter should be given the opportunity to withdraw the original bid and submit a revised one.
Line 48:		Line 48:
	To respond, suppliers should:		To respond, suppliers should:

−	* Register on Public Contracts Scotland.	+	* Register on [http://www.publiccontractsscotland.gov.uk/ Public Contracts Scotland] (PCS).
	* Formally note interest in the contract.		* Formally note interest in the contract.
	* Access the procurement documents available via PCS.		* Access the procurement documents available via PCS.
Line 54:		Line 54:
	* If successful, participate in the negotiations held.		* If successful, participate in the negotiations held.
	* Access the tender documents via PCS.		* Access the tender documents via PCS.
−	* Respond to the tender, either via PCS or PCS-Tender (the procurement officers instructions will explain which system to use) to verify that the deadline can be met.	+	* Respond to the tender, either via PCS or [https://www.publictendersscotland.publiccontractsscotland.gov.uk/esop/pts-host/public/pts/web/login.html PCS-Tender] (the procurement officers instructions will explain which system to use) to verify that the deadline can be met.

	Non-conformant bids will be disqualified from the competition.		Non-conformant bids will be disqualified from the competition.
Line 72:		Line 72:
	= External resources =		= External resources =

−	* Scottish Government, Construction Procurement Handbook.	+	* Scottish Government, [https://www.gov.scot/publications/construction-procurement-handbook/ Construction Procurement Handbook].
−	* Scottish Government, Supplier Journey.	+	* Scottish Government, [https://www.supplierjourney.scot/ Supplier Journey].
−	* STAR Procurement Glossary of Terms.	+	* [https://www.star-procurement.gov.uk/Suppliers/Docs/STAR-Procurement-Glossary-of-Terms-May-2019.pdf STAR Procurement Glossary of Terms].

Editor: Created page with "File:ManyPartiesNegotiate.jpg = Introduction = The Single Procurement Document (Scotland) - also referred to as SPD (Scotland) - is a document that contains questions used ..."

2021-09-14T16:30:23Z

Created page with "File:ManyPartiesNegotiate.jpg = Introduction = The Single Procurement Document (Scotland) - also referred to as SPD (Scotland) - is a document that contains questions used ..."

New page

[[File:ManyPartiesNegotiate.jpg]]

= Introduction =

The Single Procurement Document (Scotland) - also referred to as SPD (Scotland) - is a document that contains questions used at the selection stage for post-Brexit procurement exercises in Scotland to identify suitably qualified and experienced bidders.

The Supplier Journey portion of the Scottish Government’s procurement guidance website offers an overview of the different types of procurement procedures that are available under SPD (Scotland). One such type of procurement is the competitive procedure with negotiation.

= Definition =

According to the STAR Procurement Glossary of Terms, a competitive procedure with negotiation may take place, “following the receipt of initial tender responses, [after which] the tenderer could choose to negotiate with more than one [provider] before a final contract award is made. This might be beneficial where the requirement is complex or requires innovative solutions.”

The Construction Procurement Handbook further explains that the competitive procedure with negotiation can be used by a procurement officer where the contract cannot be awarded without prior negotiation because of the nature or complexity of the goods or services required. This tends to occur in certain situations, including when:

* The needs of the contract cannot be met without adaptation of readily available solutions.
* The supplies or services required include design or innovative solutions.
* The technical specifications of the goods or services required cannot be established precisely by the procurement officer.
* The public body has already tried to procure the goods or services using the open or restricted procedure but only received irregular or unacceptable tenders.

= Details of the procedure =

Initially introduced under the Public Contracts Regulations 2015, the competitive procedure with negotiation is one of the six main procedures for higher value regulated public sector procurement in Scotland. Guidance issued by the Office of Government Commerce (OGC) states that the competitive procedure with negotiation should only be used under ‘...very exceptional circumstances’ (ref OGC: Guidance on the competitive dialogue procedure in the new procurement regulations, 2006).

Under the competitive procedure with negotiation:

* The contract notice makes it clear that this method is being used and will request the completion of an ESPD (Scotland).
* Any supplier may make a request to participate.
* The supplier must submit a completed SPD within the timelines set out by the procurement officer/
* Following assessment of the submitted SPDs, the procurement officer will shortlist suppliers who have met the selection criteria and invite them to the initial tender phase.
* The minimum number of suppliers who can be shortlisted is three (if three meet the selection criteria requirements).
* This can be followed by several rounds of negotiation in order for the public body to seek approved offers (negotiations should only improve the bids and not cover the contract fundamentals e.g. price to suppliers).
* Negotiations may result in a new or revised tender being issued.

Once these considerations have been met, the procurement officer will make a contract award.

= Timeline for submissions =

Interested parties participating in competitive procedure with negotiation arrangements are given, on average, at least 30 days to respond to submit selection stage documents. This timeline starts from the day the contract notice is sent for publication.

For the award stage, possible participants are normally given a minimum of 30 days to respond to the tender. This timescale can be amended depending on whether a Prior Information Notice was issued (and how it is used) or where bids will be accepted electronically.

The procurement officer is expected to provide details of all of the tender timelines in the tender documents. If there is a justifiable reason to change the tender closing date, the new date should be communicated to all bidders. If a tender has already been submitted, the submitter should be given the opportunity to withdraw the original bid and submit a revised one.

= Respond to a competitive procedure with negotiation =

It is the responsibility of all suppliers to ensure that their bid is submitted in accordance with the rules of the competition and before the specified deadline.

To respond, suppliers should:

* Register on Public Contracts Scotland.
* Formally note interest in the contract.
* Access the procurement documents available via PCS.
* Respond to the selection stage of the process.
* If successful, participate in the negotiations held.
* Access the tender documents via PCS.
* Respond to the tender, either via PCS or PCS-Tender (the procurement officers instructions will explain which system to use) to verify that the deadline can be met.

Non-conformant bids will be disqualified from the competition.

= Related articles =

* Competitive dialogue procedure for construction contracts.
* Contract conditions.
* Procurement route.
* Negotiated contract.
* OGC.
* OJEU procurement procedures.
* Selection criteria.
* Single Procurement Document (Scotland).
* Typical tender process for construction projects.

= External resources =

* Scottish Government, Construction Procurement Handbook.
* Scottish Government, Supplier Journey.
* STAR Procurement Glossary of Terms.

← Older revision		Revision as of 16:56, 14 September 2021
Line 5:		Line 5:
	The Single Procurement Document (Scotland) - also referred to as SPD (Scotland) - is a document that contains questions used at the selection stage for post-Brexit procurement exercises in Scotland to identify suitably qualified and experienced bidders.		The Single Procurement Document (Scotland) - also referred to as SPD (Scotland) - is a document that contains questions used at the selection stage for post-Brexit procurement exercises in Scotland to identify suitably qualified and experienced bidders.

−	The [https://www.supplierjourney.scot/ Supplier Journey] portion of the Scottish Government’s procurement guidance website offers an overview of the different types of procurement procedures that are available under SPD (Scotland). One such type of procurement is ~~the~~ competitive procedure with negotiation. However, guidance issued by the Office of Government Commerce (OGC) states that this method should only be used under ‘...very exceptional circumstances’ (ref OGC: Guidance on the competitive dialogue procedure in the new procurement regulations, 2006).	+	The [https://www.supplierjourney.scot/ Supplier Journey] portion of the Scottish Government’s procurement guidance website offers an overview of the different types of procurement procedures that are available under SPD (Scotland). One such type of procurement is competitive procedure with negotiation.

	= Definition =		= Definition =
Line 11:		Line 11:
	According to the [https://www.star-procurement.gov.uk/Suppliers/Docs/STAR-Procurement-Glossary-of-Terms-May-2019.pdf STAR Procurement Glossary of Terms], a competitive procedure with negotiation may take place, “following the receipt of initial tender responses, [after which] the tenderer could choose to negotiate with more than one [provider] before a final contract award is made. This might be beneficial where the requirement is complex or requires innovative solutions.”		According to the [https://www.star-procurement.gov.uk/Suppliers/Docs/STAR-Procurement-Glossary-of-Terms-May-2019.pdf STAR Procurement Glossary of Terms], a competitive procedure with negotiation may take place, “following the receipt of initial tender responses, [after which] the tenderer could choose to negotiate with more than one [provider] before a final contract award is made. This might be beneficial where the requirement is complex or requires innovative solutions.”

−	The [https://www.gov.scot/publications/construction-procurement-handbook/ Construction Procurement Handbook] further explains that the competitive procedure with negotiation can be used by a procurement officer where the contract cannot be awarded without prior negotiation because of the nature or complexity of the goods or services required. This tends to occur in certain situations, including when:	+	The [https://www.gov.scot/publications/construction-procurement-handbook/ Construction Procurement Handbook] further explains that the conditions for competitive procedure with negotiation may exist when:

	* The needs of the contract cannot be met without adaptation of readily available solutions.		* The needs of the contract cannot be met without adaptation of readily available solutions.
Line 17:		Line 17:
	* The technical specifications of the goods or services required cannot be established precisely by the procurement officer.		* The technical specifications of the goods or services required cannot be established precisely by the procurement officer.
	* The public body has already tried to procure the goods or services using the open or restricted procedure but only received irregular or unacceptable tenders.		* The public body has already tried to procure the goods or services using the open or restricted procedure but only received irregular or unacceptable tenders.
		+
		+	Guidance issued by the Office of Government Commerce (OGC) states that this method should only be used under ‘...very exceptional circumstances’ (ref OGC: Guidance on the competitive dialogue procedure in the new procurement regulations, 2006).

	= Details of the procedure =		= Details of the procedure =

−	Initially introduced under the Public Contracts Regulations 2015, ~~the~~ competitive procedure with negotiation is one of the six main procedures for higher value regulated public sector procurement in Scotland. Under ~~the~~ competitive procedure with negotiation:	+	Initially introduced under the Public Contracts Regulations 2015, competitive procedure with negotiation is one of the six main procedures for higher value regulated public sector procurement in Scotland. Under competitive procedure with negotiation:

	* The [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/contract-notice contract notice] clearly states that this method is being used and will request the completion of an SPD (Scotland).		* The [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/contract-notice contract notice] clearly states that this method is being used and will request the completion of an SPD (Scotland).
	* Any supplier may make a request to participate.		* Any supplier may make a request to participate.
	* The supplier must submit a completed SPD within the timelines set out by the procurement officer.		* The supplier must submit a completed SPD within the timelines set out by the procurement officer.
−	* ~~Following assessment of the submitted~~ SPDs, the procurement officer will prepare a shortlist of suppliers who have met the [https://www.supplierjourney.scot/supplier-journey/bid/tenders selection criteria] and invite them to the initial tender phase.	+	* SPDs have been submitted and assessed, the procurement officer will prepare a shortlist of suppliers who have met the [https://www.supplierjourney.scot/supplier-journey/bid/tenders selection criteria] and invite them to the initial tender phase.
	* The minimum number of suppliers who can be shortlisted is three (if three meet the selection criteria requirements).		* The minimum number of suppliers who can be shortlisted is three (if three meet the selection criteria requirements).
−	* ~~This~~ can be followed by several rounds of negotiation in order for the public body to seek approved offers ~~(negotiations should only improve the bids and not cover the contract fundamentals e.g. price to suppliers)~~.	+	* The preparation stage can be followed by several rounds of negotiation in order for the public body to seek approved offers.
	* Negotiations may result in a new or revised tender being issued.		* Negotiations may result in a new or revised tender being issued.

Line 34:		Line 36:
	Interested parties participating in competitive procedure with negotiation arrangements are given, on average, at least 30 days to respond to submit selection stage documents. This timeline starts from the day the contract notice is sent for publication.		Interested parties participating in competitive procedure with negotiation arrangements are given, on average, at least 30 days to respond to submit selection stage documents. This timeline starts from the day the contract notice is sent for publication.

−	For the award stage, possible participants are ~~normally~~ given a minimum of 30 days to respond ~~to the tender~~. This timescale can be amended depending on whether a [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/prior-information-notice Prior Information Notice] was issued (and how it has been used) or in instances where bids will be accepted electronically.	+	For the award stage, possible participants are also typically given a minimum of 30 days to respond. This timescale can be amended depending on whether a [https://www.supplierjourney.scot/supplier-journey/prepare/understand-market/public-contracts-scotland-pcs/prior-information-notice Prior Information Notice] was issued (and how it has been used) or in instances where bids will be accepted electronically.

−	~~The procurement officer is expected to provide details~~ of all of the tender timelines in the tender documents. If there is a justifiable reason to change the tender closing date, the new date should be communicated to all bidders. If a tender has already been submitted, the ~~supplier~~ should be given the opportunity to withdraw the original bid and submit a revised one.	+	Details of all of the tender timelines should be provided in the tender documents. If there is a justifiable reason to change the tender closing date, the new date should be communicated to all bidders. If a tender has already been submitted, the bidder should be given the opportunity to withdraw the original bid and submit a revised one.

	= Respond to a competitive procedure with negotiation =		= Respond to a competitive procedure with negotiation =

−	It is the responsibility of all suppliers to ensure that their ~~bid is~~ submitted in accordance with the rules of the competition and before the specified deadline.	+	It is the responsibility of all suppliers to ensure that their bids have been submitted in accordance with the rules of the competition and before the specified deadline.

	To respond, suppliers should:		To respond, suppliers should: