Common use of Award Procedures Clause in Contracts

Award Procedures. Awards under the Framework Agreement Direct Awards 6.1 Where the Invitation to Tender allows for a Contracting Authority to award without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the method set out in the Invitation to Tender, or where the Invitation to Tender does not specify a selection method, identify the Contractor who offers best value for money for those Services on the basis of the price(s) submitted by the Contractor in its Tender and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:- (a) states the requirements; (b) identifies the Services; (c) states the price payable in accordance with the Tender submitted by the successful Contractor; and (d) incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed under the Framework (or under the relevant Lot) and the Invitation to Tender so specifies, a Contracting Authority shall, prior to placing an Order: 6.2.1 identify the Contractors capable of performing the Call-Off Contract for the Contracting Authority’s requirements; 6.2.2 supplement and refine the Call-Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicable; 6.2.3 invite tenders by conducting a mini-competition for its requirements in accordance with the Invitation to Tender, the Regulations and Guidance where applicable and in particular: (a) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; (b) consult in writing all the Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a tender in writing for each specific contract to be awarded; (c) set a time limit for the receipt by it of the tenders; and (d) keep each tender confidential until the expiry of the time limit for the receipt by it of tenders.

Award Procedures. Awards under the Framework Agreement Direct Awards 6.1 Where the Invitation to Tender allows for a Contracting Authority to award without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:-Goods:- 6.1.1 identify the relevant ServicesGoods; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the method set out in the Invitation to Tender, or where the Invitation to Tender does not specify a selection method, identify the Contractor who offers best value for money for those Services Goods on the basis of the price(s) submitted by the Contractor in its Tender and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:- (a) states the requirements; (b) identifies the ServicesGoods; (c) states the price payable in accordance with the Tender submitted by the successful Contractor; and (d) incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed under the Framework (( or under the relevant LotLot ) and the Invitation to Tender so specifies, a Contracting Authority shall, prior to placing an Order: 6.2.1 identify the Contractors capable of performing the Call-Off Contract for the Contracting Authority’s requirements; 6.2.2 supplement and refine the Call-Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicable; 6.2.3 invite tenders by conducting a mini-competition for its requirements in accordance with the Invitation to Tender, the Regulations and Guidance where applicable and in particular: (a) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; (b) consult in writing all the Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a tender in writing for each specific contract to be awarded; (c) set a time limit for the receipt by it of the tenders; and (d) keep each tender confidential until the expiry of the time limit for the receipt by it of tenders. 6.2.4 apply the Call-Off Award Criteria, including where relevant in any pricing the consideration of any and all additional cost(s) to the Contracting Authority to the Contractors’ compliant tenders submitted through the mini-competition as the basis of its decision to award a Call-Off Contract for its requirements. 6.3 The Contractor agrees that all tenders submitted by the Contractor in relation to a mini-competition held pursuant to Clause 6.2 shall remain open for acceptance for ninety (90) days (or such other period specified in the invitation issued by the Contracting Authority in accordance with the Ordering Procedure). 6.4 Notwithstanding the fact that a Contracting Authority has followed the procedure set out above in this Clause 6, a Contracting Authority shall be entitled at all times to decline to make an award. Nothing in this Framework Agreement shall oblige the Council or any Contracting Authority to place any Order.

Award Procedures. Awards under the Framework Agreement Direct Awards 6.1 Where the Invitation to Tender Quote allows for a Contracting Authority to award without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the method set out in the Invitation to TenderQuote, or where the Invitation to Tender Quote does not specify a selection method, identify the Contractor who offers best value for money for those Services on the basis of the price(s) submitted by the Contractor in its Tender Quote and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:- (a) states the requirements; (b) identifies the Services; (c) states the price payable in accordance with the Tender Quote submitted by the successful Contractor; and (d) incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed under the Framework (or under the relevant Lot) and the Invitation to Tender Quote so specifies, a Contracting Authority shall, prior to placing an Order: 6.2.1 identify the Contractors capable of performing the Call-Off Contract for the Contracting Authority’s requirements; 6.2.2 supplement and refine the Call-Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicable; 6.2.3 invite tenders quotes by conducting a mini-competition for its requirements in accordance with the Invitation to TenderQuote, the Regulations and Guidance where applicable and in particular: (a) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; (b) consult in writing all the Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a tender quote in writing for each specific contract to be awarded; (c) set a time limit for the receipt by it of the tendersquotes; and (d) keep each tender quote confidential until the expiry of the time limit for the receipt by it of tendersquotes. 6.2.4 apply the Call-Off Award Criteria, including where relevant in any pricing the consideration of any and all additional cost(s) to the Contracting Authority, to the Contractors’ compliant quotes submitted through the mini-competition as the basis of its decision to award a Call-Off Contract for its requirements. 6.3 The Contractor agrees that all quotes submitted by the Contractor in relation to a mini-competition held pursuant to Clause 6.2 shall remain open for acceptance for ninety (90) days (or such other period specified in the invitation issued by a Contracting Authority in accordance with the Ordering Procedure). 6.4 Notwithstanding the fact that a Contracting Authority has followed the procedure set out above in this Clause 6, a Contracting Authority shall be entitled at all times to decline to make an award. Nothing in this Framework Agreement shall oblige the Council or any Contracting Authority to place any Order.

Award Procedures. Awards under the Framework Agreement 4.1 If a Customer decides to source Services through the Framework Agreement Direct Awardsthen it may: 6.1 Where (a) satisfy its requirements for the Invitation to Tender allows Standard Services by awarding a Contract in accordance with the terms laid down in this Framework Agreement without re-opening competition; or (b) satisfy its requirements for Competed Services by awarding a Contracting Authority to award Contract following a mini-competition conducted in accordance with the requirements of clause 4.3. 4.2 Any Customer ordering Standard Services under the Framework Agreement without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the method set out in the Invitation to Tender, or where the Invitation to Tender does not specify a selection method, identify the Contractor who offers best value for money for those Services on the basis of the price(s) submitted by the Contractor in its Tender and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:-: (a) states identify the requirementsrelevant Lot which its Standard Services requirements fall into; (b) identifies send an Order to the ServicesFramework Provider ranked highest following the evaluation of its Tender as set out in Schedule 2; (c) states if the price payable in accordance with Framework Provider who was ranked highest is not able to provide the Tender submitted by Services, send an Order to the successful Contractor; andFramework Provider ranked next highest; (d) incorporates repeat the Call-Off Terms and Conditionsprocess set out in clause 4.2(c) until the Order is fulfilled or there are no further Framework Providers qualified to fulfil it. 6.2 Where there is more than one Contractor appointed 4.3 Any Customer ordering Competed Services under the Framework Agreement shall: (or under a) identify the relevant LotLot(s) and the Invitation to Tender so specifies, a Contracting Authority shall, prior to placing an Order:that its Competed Services requirements fall into; 6.2.1 (b) identify the Contractors Framework Providers capable of performing the Call-Off Contract for the Contracting Authority’s Competed Services requirements; 6.2.2 (c) supplement and refine the Call-Off off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicableGuidance; 6.2.3 (d) invite tenders by conducting a mini-competition for its Competed Services requirements in accordance with the Invitation to Tender, the Regulations and Guidance where applicable and in particular: (a) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; (bi) consult in writing all the Contractors Framework Providers capable of performing the Call-Off Contract for the Competed Services requirements and invite them within a specified time limit to submit a tender in writing for each specific contract to be awardedSupplemental Tender; (cii) set a time limit for the receipt by it of the Supplemental Tenders which takes into account factors such as the complexity of the subject matter of the Contract and the time needed to submit tenders; and (diii) keep each tender Supplemental Tender confidential until the expiry of the time limit for the receipt by it of tendersthe Supplemental Tenders; (e) apply the Competed Services Award Criteria to any compliant Supplemental Tenders submitted through the mini-competition; and (f) subject to clause 4.5 place an Order with the successful Framework Provider. 4.4 The Supplier agrees that all Supplemental Tenders submitted by the Supplier in relation to a mini-competition held pursuant to this clause 4 shall remain open for acceptance for 30 days (or such other period specified in the invitation to tender issued by the relevant Customer in accordance with this clause 4). 4.5 Notwithstanding the fact that the Customer has followed the procedure set out above for Competed Services, the Customer may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contract. Nothing in this Framework Agreement shall oblige any Customer to place any Order for Services. 4.6 The Supplier acknowledges that each Customer is independently responsible for the conduct of its award of Contracts under the Framework Agreement and that the Authority is not responsible or accountable for and shall have no liability whatsoever in relation to: (a) the conduct of any Customer in relation to the Framework Agreement; or (b) the performance or non-performance of any Contracts between the Supplier and any Customer entered into pursuant to the Framework Agreement.

Award Procedures. Awards under the Framework Agreement 4.1 If the Customer decides to source Services through the Framework Agreement Direct Awardsthen it may: 6.1 Where (a) satisfy its requirements for the Invitation to Tender allows Standard Services by awarding a Contract in accordance with the terms laid down in this Framework Agreement without re-opening competition; or (b) satisfy its requirements for Competed Services by awarding a Contracting Authority to award Contract following a mini-competition conducted in accordance with the requirements of Clause 4.3. 4.2 The Customer ordering Standard Services under the Framework Agreement without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the method set out in the Invitation to Tender, or where the Invitation to Tender does not specify a selection method, identify the Contractor who offers best value for money for those Services on the basis of the price(s) submitted by the Contractor in its Tender and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:-: (a) states identify the requirementsrelevant Lot which its Standard Services requirements fall into; (b) identifies send an Order to the ServicesFramework Provider ranked highest following the evaluation of its Tender; 4.3 The Customer ordering Competed Services under the Framework Agreement shall: (a) identify the relevant Lot(s) that its Competed Services requirements fall into; (b) identify the Framework Providers capable of performing the Contract for the Competed Services requirements; (c) states the price payable in accordance with the Tender submitted by the successful Contractor; and (d) incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed under the Framework (or under the relevant Lot) and the Invitation to Tender so specifies, a Contracting Authority shall, prior to placing an Order: 6.2.1 identify the Contractors capable of performing the Call-Off Contract for the Contracting Authority’s requirements; 6.2.2 supplement and refine the Call-Off off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicablelegislation; 6.2.3 (d) invite tenders by conducting a mini-competition for its Competed Services requirements in accordance with the Invitation to Tender, the Regulations and Guidance where applicable and in particular: (a) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; (bi) consult in writing all the Contractors Framework Providers capable of performing the Call-Off Contract for the Competed Services requirements and invite them within a specified time limit to submit a tender in writing for each specific contract to be awardedSupplemental Tender; (cii) set a time limit for the receipt by it of the Supplemental Tenders which takes into account factors such as the complexity of the subject matter of the Contract and the time needed to submit tenders; and (diii) keep each tender Supplemental Tender confidential until the expiry of the time limit for the receipt by it of tendersthe Supplemental Tenders; (e) apply the Competed Services Award Criteria to any compliant Supplemental Tenders submitted through the mini-competition; and (f) subject to Clause 4.5 place an Order with the successful Framework Provider. 4.4 The Supplier agrees that all Supplemental Tenders submitted by the Supplier in relation to a mini-competition held pursuant to this Clause 4. shall remain open for acceptance for 30 days (or such other period specified in the invitation to tender issued by the Customer in accordance with this Clause 4.). 4.5 Notwithstanding the fact that the Customer has followed the procedure set out above for Competed Services, the Customer may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contract. Nothing in this Framework Agreement shall oblige the Customer to place any Order for Services.

Award Procedures. 7.1 Awards under the Framework Agreement 7.1.1 If the Authority or any Other Contracting Body decides to source Services through the Framework Agreement Direct Awardsthen it may: 6.1 Where (a) satisfy its requirements in respect of [Lot x/the] Services by awarding a Call-Off Contract in accordance with the Invitation to Tender allows for a Contracting Authority to award terms laid down in this Framework Agreement without re-opening competition competition; or (a direct awardb) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor satisfy its Services requirements in accordance with the method set out terms laid down in this Framework Agreement following a further- competition conducted in accordance with the requirements of the Act and the Guidance. Further-competitions may be operated as electronic auctions where Regulation 35 so permits. 7.1.2 Obtain information regarding the level of expertise offered, quality and price taken from the information submitted in the Invitation tenders received and used to Tenderform provider catalogues which will be made available to any Other Contracting Body to support either direct call off or further competition. 7.1.3 The Authority and any Other Contracting Body may award Services jointly and may carry out a further-competition jointly provided in each case they are conducted in accordance with the requirements of the Act and the Guidance. Awards without Re-opening Competition 7.2 Any Authority ordering [Lot x] Services under the Framework Agreement without re- opening competition shall send an Order to a Services Framework Provider listed in Schedule 1 whom it has identified from the catalogue data as the most suitable, or where to provide the Invitation to Tender does not specify a selection method, identify Services within the Contractor who offers best value for money for those Services given timescale. The parties acknowledge that the Contracting Body will select the most suitable provider from Schedule 1 on the basis of the price(s) submitted by the Contractor in its Tender organisational need, level of expertise offered, availability, quality, price and who is able to fulfil the Order within the time specified;response time. Competed Services (Awards following Further-Competitions) 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:- (a) states the requirements; (b) identifies the Services; (c) states the price payable in accordance with the Tender submitted by the successful Contractor; and (d) incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed 7.3 Any Contracting Body ordering Services under the Framework (or under Agreement pursuant to clause 7.1.2 shall: 7.3.1 identify the relevant Lot) and the Invitation to Tender so specifies, a Contracting Authority shall, prior to placing an Order:Services Framework Lot which its Services requirements fall into; 6.2.1 7.3.2 identify the Contractors Services Framework Providers capable of performing the Call-Call- Off Contract for the Contracting Authority’s Services requirements; 6.2.2 7.3.3 supplement and refine the Call-Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations Act and Guidance where applicableGuidance; 6.2.3 7.3.4 invite tenders by conducting a minifurther-competition for its Services requirements in accordance with the Invitation to Tender, the Regulations Act and Guidance where applicable and in particular: (a) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; (b) consult in writing all the Contractors Services Framework Providers capable of performing the Call-Off Contract for the Services requirements and invite them within a specified time limit to submit a tender in writing for each specific contract to be awarded; (cb) set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and (dc) keep each tender confidential until the expiry of the time limit for the receipt by it of tenders; 7.4 apply the Services Award Criteria to the Services Framework Providers' compliant tenders submitted through the further-competition as the basis of its decision to award a Call-Off Contract for its Competed Services requirements; and 7.5 award its Competed Services requirements by placing an Order with the successful Services Framework Provider which: 7.5.1 states the Services requirements; 7.5.2 identifies the Services Framework Lot or Services Framework Lots for which the award is made; 7.5.3 states the price payable for the Services requirements in accordance with the tender submitted by the successful Services Framework Provider; and 7.5.4 incorporates the Call-Off Terms and Conditions applicable to that Services Framework Lot as modified by the Competed Services requirements. 7.6 The Provider agrees that all tenders submitted by the Provider in relation to a further-competition held pursuant to this clause 7 shall remain open for acceptance for thirty (30) days (or such other period specified in the invitation to tender issued by the relevant Contracting Body in accordance with the Ordering Procedure). 7.7 Notwithstanding the fact that the Contracting Body has followed the procedure set out above in this clause 7, the Contracting Body shall be entitled at all times to decline to make an award for its Services requirements. Nothing in this Framework Agreement shall oblige any Contracting Body to place any Order for Services. Responsibility for Awards 7.8 The Provider acknowledges that each Contracting Body is independently responsible for the conduct of its award of Call-Off Contracts under the Framework Agreement and that the Authority is not responsible or accountable for and shall have no liability whatsoever in relation to: 7.8.1 the conduct of Other Contracting Bodies in relation to the Framework Agreement; or 7.8.2 the performance or non-performance of any Call-Off Contracts between the Provider and Other Contracting Bodies entered into pursuant to the Framework Agreement. Form of Order 7.9 Subject to clauses 7.1 to 7.6 above, each Contracting Body may place an Order with the Provider by serving an order in writing in substantially the form set out in Schedule 4 or such similar or analogous form agreed with the Provider including systems of ordering involving electronic mail or other on-line solutions. The Parties agree that any document or communication (including any document or communication in the apparent form of an Order) which is not in in writing in substantially the form set out in Schedule 4 or such similar or analogous form agreed with the Provider shall not constitute an Order under this Framework Agreement. Accepting and Declining Orders 7.10 Following receipt of an Order, the Provider shall promptly and in any event within a reasonable period (taking into account all relevant circumstances in relation to the subject matter and nature of an Order) determined by the relevant Contracting Body and notified to the Provider in writing at the same time as the submission of the Order (which in any event shall not exceed three (3) Working Days) acknowledge receipt of the Order and either: 7.10.1 notify the Contracting Body that it declines to accept the Order; or 7.10.2 notify the relevant Contracting Body that it accepts the Order by signing and returning the Order Form. 7.11 If the Provider: 7.11.1 notifies the Contracting Body that it declines to accept an Order; or 7.11.2 the time-limit referred to in clause 7.10 has expired; 7.11.3 then the offer from the Contracting Body to the Provider shall lapse and the relevant Contracting Body may offer that Order to the Services Framework Provider that submitted the next most economically advantageous tender in accordance with the relevant Award Criteria. 7.12 The Provider in agreeing to accept such an Order pursuant to clause 7.8 above shall enter a Call-Off Contract with the relevant Contracting Body for the provision of Services referred to in that Order. A Call-Off Contract shall be formed on the Contracting Body's receipt of the signed Order Form provided by the Provider (or such similar or analogous form agreed with the Provider) pursuant to clause 7.8.

Award Procedures. Awards under this Framework Agreement 7.1 If the Authority or any Other Contracting Body (both “a Contracting Body”) decides to source Services through this Framework Agreement Direct Awardsthen it may through its own procedures make awards for: 6.1 Where 7.1.1 its Standard Services requirements in accordance with the Invitation to Tender allows for a Contracting Authority to award terms laid down in this Framework Agreement without re-opening competition competition; 7.1.2 its Competed Services requirements (where all the terms are not laid out in this Framework Agreement) following a direct award) a mini-competition. 7.2 Any Contracting Authority Body ordering Standard Services under this Framework Agreement shall, when ordering Services:-: 6.1.1 7.2.1 identify the relevant Services Framework Lot to which the Standard Services requirement applies; 7.2.2 apply the relevant Pricing Matrix for each Provider appointed to that Services Framework Lot; 7.2.3 award the requirement to the Provider who provides the best price for the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the method set out in the Invitation to Tender, or where the Invitation to Tender does not specify a selection method, identify the Contractor who offers best value for money for those Services on the basis of the price(s) submitted by the Contractor in its Tender and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) 7.2.4 place an Order with the successful Contractor which:- (a) Provider which: • states the requirements; (b) requirements for the Services; • identifies the Services; (c) Services Framework Lot to which the award applies; • states the price payable for the Services in accordance with the Tender submitted by Price Matrix applicable to the successful Contractorrelevant Services Framework Lot; and (d) and • incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed under 7.3 If the Framework (or under Standard Services are required urgently, the Contracting Body’s authorised officer may verbally request that the Provider undertakes the relevant LotServices, and a Call-Off Contract for Standard Services shall be formed upon the Provider’s verbal acceptance. Where the Provider accepts the offer of a Call-Off Contract, the Contracting Body shall follow up the verbal offer and acceptance by sending the Provider an Order as soon as possible thereafter and in any event within two (2) Working Days as confirmation that a Call-Off Contract has been formed, such confirmation to include the date of contract formation and the people making the verbal offer and acceptance. The Provider acknowledges and agrees that a Contracting Body may deem that any person who verbally accepts an offer of a Call-Off Contract on behalf of the Provider pursuant to this Clause 7.3 has authority to make such acceptance. Accepting and Declining Orders for Standard Services 7.4 Following receipt of an Order for Standard Services, the Provider shall within such timescale as specified by the Contracting Body acknowledge receipt of the Order and notify the relevant Contracting Body in writing that it accepts the Order and, if stated in the Order, by signing and 7.5 The offer from the Contracting Body to the Provider made pursuant to Clause 7.4 shall lapse and the relevant Contracting Body may offer that Order to the Provider with next best price in accordance with the Standard Services Award Criteria if the Provider: 7.5.1 notifies the Contracting Body that it declines to accept the Order; or 7.5.2 the time-limit referred to in Clause 7.4 has expired; 7.6 The Provider shall inform the Contracting Body of the reasons for declining to accept an Order (whether made verbally or in writing pursuant to Clause 7.4) and the Invitation Provider’s decision for declining the Order shall be reasonable. 7.7 The Provider in agreeing to Tender so specifiesaccept such an Order pursuant to Clause 7.4 above shall enter a Call-Off Contract with the relevant Contracting Body for the provision of Standard Services referred to in that Order. 7.8 A Call-Off Contract for Standard Services shall be formed on the Contracting Body's receipt of written confirmation from the Provider pursuant to Clause 7.4, save that where there has been verbal acceptance of an Order pursuant to Clause 7.3 a Call-Off Contract for Standard Services shall be formed upon the Provider’s verbal acceptance. 7.9 If the Provider declines Orders for Standard Services on a regular basis, without good reason (and provision to an inconvenient location shall not constitute a good reason), then the Authority shall have a right to suspend the Provider’s appointment to this Framework Agreement in accordance with the provisions of Clause 21. Competed Services (awards following mini-competitions) 7.10 Any Contracting Authority Body requiring Competed Services under this Framework Agreement shall, prior to placing an Order: 6.2.1 7.10.1 identify the Contractors relevant Services Framework Lot to which the Competed Services requirements apply; 7.10.2 identify the Providers capable of performing the Call-Off Contract for the Contracting Authority’s requirementsCompeted Services requirements as appropriate; 6.2.2 7.10.3 where it considers that TUPE is likely to apply, use reasonable endeavours to require the incumbent provider(s) to supply employee liability information pursuant to TUPE and include any information received from the incumbent provider in the information supplied to Providers participating in the mini-competition; 7.10.4 supplement and refine the Call-Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicableService Specifications as appropriate; 6.2.3 7.10.5 invite tenders by conducting a mini-competition for its Competed Services requirements in accordance with the Invitation to Tender, the Regulations and Guidance where applicable and in particular: (a) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; (b) consult : • notify in writing all the Contractors those Providers capable of performing the Call-Off Contract for the required Services and invite them within a specified time limit to submit a tender in writing for each specific contract to be awarded; (c) ; • set a time limit for the receipt by it of the tenders which takes into account factors such as the complexity of the subject matter of the contract and the time needed to submit tenders; and (d) and • keep each tender confidential until the expiry of the time limit for the receipt by it of tenders; 7.10.6 apply the Competed Services Award Criteria to the Providers' compliant tenders submitted pursuant to Clause 7.10.5 and, to the extent indicated by its application of the Competed Services Award Criteria, award a Call-Off Contract for the Competed Services requirement; and 7.10.7 award the Competed Services requirement by placing an Order with the successful Provider which: • states the requirement for Services; • identifies the Services Framework Lot(s) to which the award applies; • states the price payable for the Services in accordance with the tender submitted by the successful Provider; • incorporates the Service Specifications and the Call-Off Terms and Conditions applicable to that Services Framework Lot as modified by the specific requirements of the Services. 7.11 Following receipt by the Provider of an Order from the Contracting Body, the Provider shall notify the relevant Contracting Body in writing that it accepts the Order and, if stated in the Order, by signing and returning the Order Form. A Call-Off Contract for the Competed Services tendered pursuant to the provisions of Clause 7.10 shall be formed upon receipt by the Contracting Body of either the Provider’s written acceptance or, where an Order Form signed by the Provider is required, the Order Form so signed. 7.12 The Provider acknowledges that it must satisfy itself as to whether or not TUPE will apply, which may include seeking independent legal advice with respect to the application or otherwise of TUPE. 7.13 The Provider agrees that all tenders submitted by the Provider for Competed Services shall remain open for acceptance for thirty (30) days (or such other period specified in the invitation to tender issued by the relevant Contracting Body in accordance with the Ordering Procedure). 7.14 If the Provider regularly refuses, without good reason, to respond to an invitation to a mini- competition held pursuant to this Clause 7 then the Authority shall have a right to suspend the Provider’s appointment to this Framework Agreement in accordance with the provisions of Clause 21. 7.15 The Authority shall produce and publish a detailed operational Call-off Procedure that shall from time to time be revised and such revisions shall be reasonable.

Award Procedures. Awards under the Framework Agreement Direct Awards 6.1 Where the Invitation to Tender Quote allows for a Contracting Authority to award without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:-Goods:- 6.1.1 identify the relevant ServicesGoods; 6.1.2 (where there is more than one Contractor) select the Contractor in accordance with the method set out in the Invitation to TenderQuote, or where the Invitation to Tender Quote does not specify a selection method, identify the Contractor who offers best value for money for those Services Goods on the basis of the price(s) submitted by the Contractor in its Tender Quote and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:- (a) states the requirements; (b) identifies the ServicesGoods; (c) states the price payable in accordance with the Tender Quote submitted by the successful Contractor; and (d) incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed under the Framework (( or under the relevant LotLot ) and the Invitation to Tender Quote so specifies, a Contracting Authority shall, prior to placing an Order: 6.2.1 identify the Contractors capable of performing the Call-Off Contract for the Contracting Authority’s requirements; 6.2.2 supplement and refine the Call-Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicable; 6.2.3 invite tenders quotes by conducting a mini-competition for its requirements in accordance with the Invitation to TenderQuote, the Regulations and Guidance where applicable and in particular: (a) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; (b) consult in writing all the Contractors capable of performing the Call-Off Contract and invite them within a specified time limit to submit a tender quote in writing for each specific contract to be awarded; (c) set a time limit for the receipt by it of the tendersquotes; and (d) keep each tender quote confidential until the expiry of the time limit for the receipt by it of tendersquotes. 6.2.4 apply the Call-Off Award Criteria, including where relevant in any pricing the consideration of any and all additional cost(s) to the Contracting Authority to the Contractors’ compliant quotes submitted through the mini-competition as the basis of its decision to award a Call-Off Contract for its requirements. 6.3 The Contractor agrees that all quotes submitted by the Contractor in relation to a mini-competition held pursuant to Clause 6.2 shall remain open for acceptance for ninety (90) days (or such other period specified in the invitation issued by the Contracting Authority in accordance with the Ordering Procedure). 6.4 Notwithstanding the fact that a Contracting Authority has followed the procedure set out above in this Clause 6, a Contracting Authority shall be entitled at all times to decline to make an award. Nothing in this Framework Agreement shall oblige the Council or any Contracting Authority to place any Order.

Award Procedures. Awards 4.1 If the Authority decides to source Services through the Agreement then it must satisfy its requirements for the Services by awarding a Contract in accordance with the terms laid down in this Agreement and particularly in accordance with the relevant Invitation to Tender and Schedule 2 (Award Criteria) to this Agreement. 4.2 The Parties acknowledge that the Authority’s award of any Services to the Service Provider shall be as Services by mini-competition between DPS Providers and where the Service Provider is successful according to Clause 4.3, provided always that the Authority may make a direct award of Services pursuant to Clause 4.4. 4.3 Subject to Clause 4.4, the Authority, when ordering Services under the Framework Agreement Direct Awardsusing a mini-competition, shall: 6.1 Where (a) identify the relevant Category(s) and geographic area that its Services requirements fall into; (b) identify the DPS Providers capable of performing the Contract for the Services requirements; (c) conduct a mini-competition seeking a Tender from eligible, invited DPS Providers by issuing an Invitation to Tender document setting out the Authority’s requirements, a copy of the proposed Contract (being a Service Instruction which incorporates by reference the Call-off Terms and Conditions) and also a deadline by which the Tender must be submitted; (d) evaluate all Tender submissions received by the Invitation to Tender allows for a Contracting Authority to award without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor deadline in accordance with the method Award Criteria set out in the Authority’s Invitation to Tender, or where ; (e) (on conclusion of the Invitation Tender submission evaluation process) award a Contract to the DPS Provider submitting the most economically advantageous Tender does not specify a selection method, identify the Contractor who offers best value for money for those Services on the basis of the price(sAward Criteria specified in the Authority’s Invitation to Tender; (f) prepare and send to the successful DPS Provider an electronic Notification of Award following which the DPS Provider is required within two (2) Working Days of receipt to respond electronically to the Authority to either: (i) accept the invitation to deliver the specification set out in the Authority’s Invitation to Tender and offer to enter into the Contract with the Authority; or (ii) notify the Authority that it declines to deliver the specification set out in the Authority’s Invitation to Tender and shall not enter into the Contract (whereby the Contract offer from the Service Provider shall lapse and the Authority may then send the Contract to the next DPS Provider that has submitted the next most economically advantageous Tender (and so on until all DPS Providers decline and the Authority has to reprocure such Services)), provided that if a DPS Provider does not respond to the Authority's electronic Notification of Award and commences performance of the Services then the DPS Provider is deemed to have accepted the invitation and offered to enter into the Contract; and (g) where: (i) on receipt of the DPS Provider's response to the Authority's electronic Notification of Award (where the DPS Provider has accepted the invitation and offered to enter into the Contract); or (ii) the DPS Provider does not respond to the Authority's electronic Notification of Award within two (2) Working Days of receipt and commences performance of the Services, the Authority is deemed to have accepted the DPS Provider's offer to enter into the Contract; and (h) the DPS Provider shall provide the Services (being the Service Instruction) in accordance with the terms of the Contract. 4.4 The Authority may make a direct award of Services (bypassing the mini-competition and submission of a Tender by the Contractor in its Tender and who Service Provider when it is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 belowan invited DPS Provider) place an Order with the successful Contractor which:-where: (a) states a DPS Provider (within the requirementsrelevant Category) is the only DPS Provider who satisfied the selection criteria to join the DPS; (b) identifies only one (1) DPS Provider within the Services;Category is capable of performing the Services for the Authority (for example due to the other DPS Providers within a Category being ineligible to perform the Services as they are suspended or have no valid insurance or appropriate Vehicle(s) to meet the Specification); or (c) states the price payable Authority wishes to enter into a de minimis agreement (to implement what is commonly known as the de minimis rules/exceptions as defined by The Service Subsidy Agreements (Tendering) (England) (Amendment) Regulations 2004 (SI 2004/609) made under the Transport Act 1985 (as amended by the Transport Act 2000) to extend or modify an existing agreement for a route already operated by a DPS Provider, provided that (where required by the Authority) the Service Provider is required to provide detailed evidence of value for money (including benchmarked costs, where relevant in accordance with the reasonable opinion of the Authority) and a value for money report to evidence how best value shall be delivered to the Authority. 4.5 The Service Provider agrees that each Tender submitted by the successful Contractor; and (d) incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed under the Framework (or under the relevant Lot) and the Invitation Service Provider in relation to Tender so specifies, a Contracting Authority shall, prior to placing an Order: 6.2.1 identify the Contractors capable of performing the Call-Off Contract for the Contracting Authority’s requirements; 6.2.2 supplement and refine the Call-Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicable; 6.2.3 invite tenders by conducting a mini-competition for its requirements Services held pursuant to this Clause 4 shall remain open for acceptance for thirty (30) days from the specified commencement date for such Services (or such other period specified in the Invitation to Tender issued by the Authority in accordance with this Clause 4). 4.6 Notwithstanding the Invitation to Tenderfact that the Authority has followed the procedure set out above in this Clause 4 for Services, the Regulations Authority may cancel, postpone, delay or end the procedure without placing a Service Instruction for Services or awarding a Contract. Nothing in this Agreement shall oblige the Authority to place any Service Instruction for Services and Guidance where applicable and (subject to Clause 4.4) no DPS Provider shall be entitled to any exclusive arrangement for the delivery of Services to the Authority. 4.7 Subject to Clauses 4.1 to 4.6 above, the Authority may place a Service Instruction with the Service Provider by serving a Service Instruction in particularwriting in substantially the form described in Schedule 4 (Service Instruction Form) or such similar or analogous form agreed with the Service Provider including systems of ordering involving fax, e-mail or other online solutions. 4.8 If the Service Provider modifies or imposes conditions on the fulfilment of a Contract (or Service Instruction) the Authority may either: (a) confirm prior reissue the Contract incorporating the modifications or conditions in a new Invitation to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition;Tender; or (b) consult in writing all treat the Contractors capable Service Provider's response as notification of performing its inability to fulfil the specification and the provisions of Clause 4.3(f)(ii) shall apply. 4.9 The Parties acknowledge and agree that the issue of an Invitation to Tender is an "invitation to treat" by the Authority. Accordingly, the DPS Provider shall electronically submit its Tender as its offer to the Authority on the terms of the Contract (being the Service Instruction and Call-Off Contract off Terms and invite them within a specified time limit to submit a tender in writing for each specific contract to be awarded; (c) set a time limit for Conditions including the receipt by it Specification). The Authority shall signal its acceptance of the tenders; and (d) keep each tender confidential until DPS Provider's offer and the expiry formation of a Contract by electronically issuing a Notification of Award to the time limit for the receipt by it of tendersService Provider.

Award Procedures. Awards 4.1 If the Authority decides to source Services through the Agreement then it must satisfy its requirements for the Services by awarding a Contract in accordance with the terms laid down in this Agreement and particularly in accordance with the relevant Invitation to Tender and Schedule 2 (Award Criteria) to this Agreement. 4.2 The Parties acknowledge that the Authority’s award of any Services to the Service Provider shall be as Services by mini-competition between DPS Providers and where the Service Provider is successful according to Clause 4.3, provided always that the Authority may make a direct award of Services pursuant to Clause 4.4. 4.3 Subject to Clause 4.4, the Authority, when ordering Services under the Framework Agreement Direct Awardsusing a mini-competition, shall: 6.1 Where (a) identify the relevant Category(s) and geographic area that its Services requirements fall into; (b) identify the DPS Providers capable of performing the Contract for the Services requirements; (c) conduct a mini-competition seeking a Tender from eligible, invited DPS Providers by issuing an Invitation to Tender document setting out the Authority’s requirements, a copy of the proposed Contract (being a Route Instruction which incorporates by reference the Call-off Terms and Conditions) and also a deadline by which the Tender must be submitted; (d) evaluate all Tender submissions received by the Invitation to Tender allows for a Contracting Authority to award without re-opening competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor deadline in accordance with the method Award Criteria set out in the Authority’s Invitation to Tender, or where ; (e) (on conclusion of the Invitation Tender submission evaluation process) award a Contract to the DPS Provider submitting the most economically advantageous Tender does not specify a selection method, identify the Contractor who offers best value for money for those Services on the basis of the price(sAward Criteria specified in the Authority’s Invitation to Tender; (f) prepare and send to the successful DPS Provider an electronic Notification of Award following which the DPS Provider is required within two (2) Working Days of receipt to respond electronically to the Authority to either: (i) accept the invitation to deliver the specification set out in the Authority’s Invitation to Tender and offer to enter into the Contract with the Authority; or (ii) notify the Authority that it declines to deliver the specification set out in the Authority’s Invitation to Tender and shall not enter into the Contract (whereby the Contract offer from the Service Provider shall lapse and the Authority may then send the Contract to the next DPS Provider that has submitted the next most economically advantageous Tender (and so on until all DPS Providers decline and the Authority has to reprocure such Services)), provided that if a DPS Provider does not respond to the Authority's electronic Notification of Award and commences performance of the Services then the DPS Provider is deemed to have accepted the invitation and offered to enter into the Contract; and (g) where: (i) on receipt of the DPS Provider's response to the Authority's electronic Notification of Award (where the DPS Provider has accepted the invitation and offered to enter into the Contract); or (ii) the DPS Provider does not respond to the Authority's electronic Notification of Award within two (2) Working Days of receipt and commences performance of the Services, the Authority is deemed to have accepted the DPS Provider's offer to enter into the Contract; and (h) the DPS Provider shall provide the Services (being the Route Instruction) in accordance with the terms of the Contract. 4.4 The Authority may make a direct award of Services (bypassing the mini-competition and submission of a Tender by the Contractor in its Tender and who Service Provider when it is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 belowan invited DPS Provider) place an Order with the successful Contractor which:-where: (a) states a DPS Provider (within the requirements;relevant Category) is the only DPS Provider who satisfied the selection criteria to join the DPS; or (b) identifies only one (1) DPS Provider within the Services;Category is capable of performing the Services for the Authority (for example due to Service User safeguarding criteria constraints or the other DPS Providers within a Category being ineligible to perform the Services as they are suspended or have no valid insurance or appropriate Vehicle(s) to meet the Specification), provided that (where required by the Authority) the Service Provider is required to provide detailed evidence of value for money (including benchmarked costs, where relevant in the reasonable opinion of the Authority) and a value for money report to evidence how best value will be delivered to the Authority. (c) states the price payable in accordance with the 4.5 The Service Provider agrees that each Tender submitted by the successful Contractor; and (d) incorporates the Call-Off Terms and Conditions. 6.2 Where there is more than one Contractor appointed under the Framework (or under the relevant Lot) and the Invitation Service Provider in relation to Tender so specifies, a Contracting Authority shall, prior to placing an Order: 6.2.1 identify the Contractors capable of performing the Call-Off Contract for the Contracting Authority’s requirements; 6.2.2 supplement and refine the Call-Off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicable; 6.2.3 invite tenders by conducting a mini-competition for its requirements Services held pursuant to this Clause 4 shall remain open for acceptance for thirty (30) days from the specified commencement date for such Services (or such other period specified in the Invitation to Tender issued by the Authority in accordance with this Clause 4). 4.6 Notwithstanding the Invitation to Tenderfact that the Authority has followed the procedure set out above in this Clause 4 for Services, the Regulations Authority may cancel, postpone, delay or end the procedure without placing a Route Instruction for Services or awarding a Contract. Nothing in this Agreement shall oblige the Authority to place any Route Instruction for Services and Guidance where applicable and (subject to Clause 4.4) no DPS Provider shall be entitled to any exclusive arrangement for the delivery of Services to the Authority. 4.7 Subject to Clauses 4.1 to 4.6 above, the Authority may place a Route Instruction with the Service Provider by serving a Route Instruction in particularwriting in substantially the form described in Schedule 4 (Route Instruction Form) or such similar or analogous form agreed with the Service Provider including systems of ordering involving fax, e-mail or other online solutions. 4.8 If the Service Provider modifies or imposes conditions on the fulfilment of a Contract (or Route Instruction) the Authority may either: (a) confirm prior reissue the Contract incorporating the modifications or conditions in a new Invitation to the mini-competition whether or not the Contracting Authority intends to follow this with an electronic auction or use the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition;Tender; or (b) consult in writing all treat the Contractors capable Service Provider's response as notification of performing its inability to fulfil the specification and the provisions of Clause 4.3(f)(ii) shall apply. 4.9 The Parties acknowledge and agree that the issue of an Invitation to Tender is an "invitation to treat" by the Authority. Accordingly, the DPS Provider shall electronically submit its Tender as its offer to the Authority on the terms of the Contract (being the Route Instruction and Call-Off Contract off Terms and invite them within a specified time limit to submit a tender in writing for each specific contract to be awarded; (c) set a time limit for Conditions including the receipt by it Specification). The Authority shall signal its acceptance of the tenders; and (d) keep each tender confidential until DPS Provider's offer and the expiry formation of a Contract by electronically issuing a Notification of Award to the time limit for the receipt by it of tendersService Provider.

Award Procedures. Awards under the Framework Agreement 4.1 If a Customer decides to source Services through the Framework Agreement Direct Awardsthen it may: 6.1 Where (a) satisfy its requirements for the Invitation to Tender allows for Standard Services by awarding a Contracting Authority to award Contract in accordance with the terms laid down in this Framework Agreement without re-opening competition; or (b) satisfy its requirements for Competed Services by awarding a Contract following a mini-competition (a direct award) a Contracting Authority shall, when ordering Services:- 6.1.1 identify the relevant Services; 6.1.2 (where there is more than one Contractor) select the Contractor conducted in accordance with the method set out in requirements of Clause 4.3. 4.2 Any Customer ordering Standard Services under the Invitation to Tender, or where the Invitation to Tender does not specify a selection method, identify the Contractor who offers best value for money for those Services on the basis of the price(s) submitted by the Contractor in its Tender and who is able to fulfil the Order within the time specified; 6.1.3 (subject to 6.2 below) place an Order with the successful Contractor which:-Framework Agreement without re- opening competition shall: (a) states identify the requirementsrelevant Lot which its Standard Services requirements fall into; (b) identifies send an Order to the ServicesFramework Provider ranked highest following the evaluation of its Tender as set out in Schedule 2; (c) states if the price payable in accordance with Framework Provider who was ranked highest is not able to provide the Tender submitted by Services, send an Order to the successful Contractor; andFramework Provider ranked next highest; (d) incorporates repeat the Call-Off Terms and Conditionsprocess set out in Clause 4.2(c) until the Order is fulfilled or there are no further Framework Providers qualified to fulfill it. 6.2 Where there is more than one Contractor appointed 4.3 Any Customer ordering Competed Services under the Framework Agreement shall: (or under a) identify the relevant LotLot(s) and the Invitation to Tender so specifies, a Contracting Authority shall, prior to placing an Order:that its Competed Services requirements fall into; 6.2.1 (b) identify the Contractors Framework Providers capable of performing the Call-Off Contract for the Contracting Authority’s Competed Services requirements; 6.2.2 (c) supplement and refine the Call-Off off Terms and Conditions only to the extent permitted by and in accordance with the requirements of the Regulations and Guidance where applicableGuidance; 6.2.3 (d) invite tenders by conducting a mini-competition for its Competed Services requirements in accordance with the Invitation to Tender, the Regulations and Guidance where applicable and in particular: (ai) confirm prior to the mini-competition whether or not the Contracting Authority intends to follow this with consult through an electronic auction or use portal with the mini-competition alone. Should this be the case the Contracting Authority shall provide all Contractors with full details prior to the e-auction including but not limited to how the e-auction is to be conducted and the outcome of the mini-competition; (b) consult in writing all the Contractors Framework Providers capable of performing the Call-Off Contract for the Competed Services requirements and invite them within a specified time limit to submit an expression of interest and then if successful a tender in writing for each specific contract to be awardedSupplemental Tender; (cii) set a time limit for the receipt by it of the Supplemental Tenders which takes into account factors such as the complexity of the subject matter of the Contract and the time needed to submit tenders; and (diii) keep each tender Supplemental Tender confidential until the expiry of the time limit for the receipt by it of tendersthe Supplemental Tenders; (e) apply the Competed Services Award Criteria to any compliant Supplemental Tenders submitted through the mini-competition; and (f) subject to Clause 4.5 place an Order with the successful Framework Provider. 4.4 The Supplier agrees that all Supplemental Tenders submitted by the Supplier in relation to a mini-competition held pursuant to this Clause 4 shall remain open for acceptance for 30 days (or such other period specified in the invitation to tender issued by the relevant Customer in accordance with this Clause 4). 4.5 Notwithstanding the fact that the Customer has followed the procedure set out above for Competed Services, the Customer may cancel, postpone, delay or end the procedure without placing an Order for Services or awarding a Contract. Nothing in this Framework Agreement shall oblige any Customer to place any Order for Services. 4.6 The Supplier acknowledges that each Customer is independently responsible for the conduct of its award of Contracts under the Framework Agreement and that the Authority is not responsible or accountable for and shall have no liability whatsoever in relation to: (a) the conduct of Other Contracting Bodies in relation to the Framework Agreement; or (b) the performance or non-performance of any Contracts between the Supplier and Other Contracting Bodies entered into pursuant to the Framework Agreement.