Knowledge Drop for Contracting Authorities Part 3 of 6 mp4

Summary

The 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

• 📚 The introduction of the Procurement Act 2023 brings significant changes to procurement procedures and market access routes for contracting authorities.
• 🔄 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.
• 📉 The number of competitive procedures has been reduced to two: the open and the competitive flexible procedure, with the latter being a new addition.
• 🔍 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.
• 🗓 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.
• 📝 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.
• 🔑 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.
• 🌐 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.
• 📊 A central register will provide full visibility of Frameworks and dynamic markets, increasing transparency and helping identify available market routes while reducing duplication.
• 🚫 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.
• ⚠️ 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.