Knowledge Drop for Contracting Authorities Part 3 of 6 mp4
Summary
TLDRThe video script discusses the 2023 Procurement Act's impact on contracting authorities, introducing a simplified approach with two main competitive procedures: the open and the new competitive flexible procedure. It highlights the benefits of open frameworks and dynamic markets for public contracts, allowing flexibility and competitiveness. The script also covers direct awards, emphasizing transparency and the need for quick, informal competitions in urgent situations. It concludes with a reminder that the material is for learning purposes and not legal advice.
Takeaways
- đ The introduction of the Procurement Act 2023 brings significant changes to procurement procedures and market access routes for contracting authorities.
- đ The competitive flexible procedure is a new multi-stage process that allows for the design of tailored procurement processes to meet specific requirements and drive innovation.
- đ The number of competitive procedures has been reduced to two: the open and the competitive flexible procedure, with the latter being a new addition.
- đ Contracting authorities are encouraged to engage with suppliers through various tools like negotiation and dialogue to achieve fit-for-purpose solutions and value for money.
- đ The Procurement Act mandates minimum time scales for key stages of the procedures, emphasizing the need for proportionate processes based on the nature and complexity of the requirement.
- đ Pre-market engagement with suppliers is encouraged to help develop procurement approaches, and the process details must be clear in tender notices or associated documents.
- đ Open Frameworks introduced by the Act allow for the appointment of new suppliers throughout the term of the framework, which can last up to 8 years, enhancing supplier base refreshment and competition.
- đ Dynamic markets, similar to Dynamic Purchasing Systems (DPS), are introduced for quick access to a list of qualified suppliers, suitable for emerging and niche markets, and are open to new entrants at any time.
- đ A central register will provide full visibility of Frameworks and dynamic markets, increasing transparency and helping identify available market routes while reducing duplication.
- đ« Direct awards are permissible under certain circumstances, such as extreme urgency or single-supplier situations due to technical or intellectual property reasons, but are subject to new regulations and transparency requirements.
- â ïž A mandatory transparency notice must be published before a direct award to inform the market of the intention and reasons for bypassing competition, ensuring public confidence in contract awards.
Q & A
What is the main focus of the 'Procurement Act, 2023' knowledge drop series?
-The series focuses on changes to procurement procedures and routes to market, specifically covering the competitive flexible procedure, open frameworks, dynamic markets, and direct awards.
What are the two main competitive procedures introduced by the simplified approach of the Procurement Act?
-The two main competitive procedures are the 'open' and the 'competitive flexible' procedure.
How does the competitive flexible procedure differ from the open single stage procedure?
-The competitive flexible procedure is a new multi-stage process that allows contracting authorities to design their own procurement processes, while the open single stage procedure has been retained and operates similarly to the previous regulations.
What opportunities does the competitive flexible procedure offer to contracting authorities?
-It offers the opportunity to engage with suppliers through various tools like negotiation and dialogue, driving innovation and achieving fit-for-purpose solutions and value for money.
What is the purpose of the minimum time scales mandated in the Procurement Act for key stages of the procedures?
-The purpose is to ensure that the procedure is proportionate to the nature and complexity of the requirement.
What is an 'open framework' as introduced by the Procurement Act?
-An open framework is a public contract between a contracting authority and suppliers that allows for the appointment of new suppliers throughout the term of the framework, which can run for up to 8 years.
How do dynamic markets differ from conventional frameworks?
-Dynamic markets are similar to dynamic purchasing systems (DPS) and allow suppliers to join at any time, ensuring continuous access to new entrants and innovative solutions.
What is the main advantage of using dynamic markets for procurement?
-Dynamic markets are most suited for emerging and niche markets for specialist or complex requirements, allowing for quick access to a list of qualified suppliers.
Under what circumstances is a direct award of a contract without competition allowable under the Procurement Act?
-Direct awards are allowable in cases of extreme and unavoidable urgency, or when only a single supplier can deliver due to technical or intellectual property reasons.
What is required before a direct award can be undertaken according to the Procurement Act?
-A mandatory transparency notice must be published to highlight the intention to undertake the direct award and the reasons for doing so.
What is the importance of pre-market engagement with suppliers as encouraged by the Procurement Act?
-Pre-market engagement helps in developing a tailored approach that best suits the contracting authority's requirements, driving best value and achieving organizational and social benefits.
Outlines
đ Introduction to the 2023 Procurement Act: Changes and Flexibility
The first paragraph introduces the 2023 Procurement Act's knowledge drop series, focusing on changes for contracting authorities in procurement procedures. It highlights the introduction of the competitive flexible procedure, which allows for the design of tailored procurement processes to meet specific requirements and local needs. The paragraph also discusses the simplification of procurement procedures, reducing them to two main types: open and competitive flexible. The new procedure encourages supplier engagement through negotiation and dialogue to drive innovation and achieve value for money. The mandatory minimum time scales for key stages of the procedures are outlined, and contracting authorities are urged to consider the nature and complexity of requirements to ensure proportionality. Pre-market engagement with suppliers is encouraged to develop an effective approach, and the importance of transparency and the use of frameworks and dynamic markets is emphasized, including the introduction of open frameworks and dynamic purchasing systems to increase competition and refresh the supplier base.
đ Direct Awards and Transparency in the Procurement Act
The second paragraph delves into the conditions under which direct awards are permissible without competition, as outlined in the Procurement Act. It mentions that direct awards are only allowed in specific circumstances, such as extreme urgency or when a single supplier is capable due to technical or intellectual property reasons. The paragraph introduces a new ministerial power to allow direct awards in cases of life protection, public order, or safety. Contracting authorities are encouraged to conduct quick, informal competitions to ensure public confidence in the awarding process. A mandatory transparency notice must be published before a direct award to inform the market of the intention and reasons. The paragraph concludes by summarizing the key points about procurement procedures, the competitive flexible procedure, open frameworks, and dynamic markets, and reminds readers that the material is for learning purposes and not legal advice.
Mindmap
Keywords
đĄProcurement Act, 2023
đĄContracting Authorities
đĄCompetitive Flexible Procedure
đĄOpen Frameworks
đĄDynamic Markets
đĄDirect Awards
đĄPre-market Engagement
đĄMandatory Transparency Notice
đĄCommercial Approach
đĄInnovation
đĄValue for Money
Highlights
Introduction of the Competitive Flexible Procedure, a new multi-stage process allowing contracting authorities to design their own procurement processes.
The Open Single Stage Procedure is retained with similar operation as under previous regulations.
Simplification of procurement procedures to just two types: Open and Competitive Flexible.
The opportunity for engaging with suppliers through negotiation and dialogue to drive innovation and achieve value for money.
Mandated minimum time scales for key stages of the procedures in the Procurement Act.
Encouragement for pre-market engagement with suppliers to develop procurement approaches.
Introduction of Open Frameworks allowing flexibility to appoint new suppliers over a maximum term of 8 years.
Dynamic Markets introduced for quick access to a list of qualified suppliers, suitable for emerging and niche markets.
A central register for Frameworks and Dynamic Markets to increase transparency and reduce duplication.
Direct award of contracts without competition is permissible under certain circumstances, such as extreme urgency or single supplier capability.
New power for a Minister of the Crown to allow direct awards in cases of life or public order/safety protection.
Requirement for a mandatory transparency notice before direct awards to ensure market confidence.
Encouragement for quick informal competitions by contracting authorities for public confidence in contract letting.
Changes to the supplier exclusion regime and the workings of the debarment list will be covered in part four of the series.
New requirements prior to awarding a contract and publishing requirements following the award.
The material is for learning and development purposes and should not be relied upon as legal advice.
Availability of fact sheets for exemptions on gov.uk for various sectors including concessions, defense, and utilities.
Transcripts
procurement act
2023 knowledge drop series for
Contracting
authorities changes to procurement
procedures and roots to Market part
three of
six in part three of this knowledge drop
series we will cover the competitive
flexible procedure and the ability to
design a fit for-purpose
procedure the flexibility offered by
open Frameworks and dynamic markets
changes surrounding direct
Awards flexibility in
procedures the several prescriptive
procurement procedures available under
the previous regulations will be
replaced by a simplified and more
flexible approach reducing the number of
competitive procedures to just two the
open and the competitive flexible
procedure the open single stage
procedure has been retained and broadly
operates in the same way as it did under
the previous
regulations however the competitive
flexible procedure is a new multi-stage
procedure that allows Contracting
authorities the ability to design their
own procurement processes to best suit
their requirements local needs and to
get the best from the market whilst
meeting the broader requirements of the
procurement act this procedure provides
the opportunity to engage with suppliers
during the process through a range of
tools such as negotiation and dialogue
which can help to drive Innovation
resulting in a fit for-purpose solution
and achieving value for money the
freedom and flexibility of this new
procedure is a big change and offers the
opportunity to unlock the benefits of a
more commercial approach allowing
procurement and Commercial colleagues to
use their
expertise minimum time scales for key
stages of the procedures have been
mandated in the procurement Act and
Contracting authorities are required to
consider the nature and complexity of
the requirement to ensure that the
procedure is
proportionate the detailed process for
procurements under this procedure must
be made clear in the tender notice or
Associated tender documents and
Contracting authorities are encouraged
to undertake pre-market engagement with
suppliers to help develop your
approach you should work with your
procurement and Commercial colleague
to design a process that best suits your
requirements drives best value and
achieves organizational and social
benefits Frameworks and dynamic markets
a framework is a public contract between
a Contracting Authority and one or more
suppliers for the future Award of
contracts the framework will set out
terms and conditions for future
requirements and the basis on which
Awards can be made
which will be quicker via call-off
contracts than via a full procurement
process in addition to Conventional
Frameworks which are closed to new
suppliers joining once awarded and are
limited to a 4-year maximum term the
procurement act introduces an open
framework which means that Contracting
authorities will have the flexibility to
appoint new suppliers through a scheme
of Frameworks which can run for a
maximum of 8 years this means means that
suppliers have the opportunity to apply
at different stages throughout the term
of the open framework it also means that
the supplier base can be refreshed to
ensure that the open framework remains
competitive during the life of the
agreement without having to undertake a
full tendering
exercise Dynamic markets have been
introduced which are similar to Dynamic
purchasing systems DPS in that they are
a list of qualified suppliers who are
eligible to participate in future
procurements suppliers can join at any
time meaning that they are open to new
entrance and innovative solutions can be
made available
quickly these can be used for a wider
range of goods services and works but
are most suited to emerging and Niche
markets for Specialist or complex
requirements a central register will be
made available to offer full visibility
of the Frameworks and dynamic Market
that exist bringing greater transparency
across the public sector and helping
your procurement and Commercial
colleagues to identify available routs
to Market whilst reducing
duplication direct
award direct Award of a contract to A
supplier without competition is only
allowable in certain circumstances as
laid out in the ACT such as in times of
extreme and unavoidable urgency or where
only a single supplier can deliver due
to technical or intellectual property
reasons the grounds are broadly
unchanged from the existing
regulations Additionally the procurement
act includes a new power for a minister
of the crown through regulations to
allow direct Award of contracts when
action is necessary to protect life or
to protect public order or
safety while direct award is permissible
in certain circumstan es Contracting
authorities are encouraged to run quick
informal competitions wherever possible
this will give the public confidence
that contracts are being let
appropriately even in situations of
urgency a mandatory transparency notice
must be published before a direct award
is undertaken to highlight to the market
your intention to undertake the direct
award and the reasons for doing so you
should work with your procurement and
commercial teams if you believe you have
a direct award
requirement recap you should Now
understand the changes to the
procurement procedures and routes to
Market including the competitive
flexible procedure and the ability to
design a fit for-purpose
procedure the flexibility offered by
open Frameworks and dynamic
markets additional grounds where a
direct award can be
used the requirement to publish a
mandatory transparency
notice in part four of this knowledge
drop series we will cover the changes
around the supplier exclusion regime how
the debarment list will work the new
requirements prior to awarding a
contract the new publishing requirements
following the award of your
contract this material has been produced
for the purpose of Learning and
Development and does not constitute and
should not be relied upon as legal
advice this material is accurate as at
October
2023 fact sheets for the following
exemptions can be found on
gov.uk concessions light touch defense
and security Northern Ireland Wales
schools
utilities end of animation
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