Common use of Further Competition Clause in Contracts

Further Competition. 2.1 To begin the process for a Further Competition, the Approved Organisation may provide to all Suppliers in the relevant Lot a document which sets out the high level requirements, the estimated timeframes for submission of responses and the conclusion of the Further Competition, and duration so that each Supplier can assess its capacity to bid and then to express its preference to opt in or opt out of the Further Competition (“Capability Assessment”) in the format appended to this Schedule and by the date specified the Approved Organisation. Alternatively, an Approved Organisation may elect to issue the Further Competition to all suppliers on a Lot – requesting them to advise whether or not they will be submitting an RFP. 2.2 Each Supplier that expresses a preference to opt in for the Further Competition pursuant to the Capability Assessment, or is on a Lot whereby the Approved Organisation elects to issue the Further Competition to all suppliers on that Lot, shall receive a copy of a request to submit a proposal from the Approved Organisation (“RFP”) comprising: 2.2.1 a draft Order Form in relation to the relevant Goods and/or Services; 2.2.2 detailed requirements; 2.2.3 the evaluation/award criteria and any specific percentage weightings; 2.2.4 any Key Sector Provisions and/or Special Terms applicable to the Call-Off Contract; 2.2.5 any further information useful to the Suppliers in relation to the procurement; 2.2.6 deadline for submission of the Suppliers’ proposals in response to the RFP (“Proposal”). 2.3 Each Supplier shall ensure that its Proposal: 2.3.1 is submitted to the Approved Organisation by the date specified in the RFP; 2.3.2 complies with the conditions for submission specified in the RFP; and 2.3.3 shall remain open for acceptance by the Approved Organisation for at least 90 Business Days (or such other period specified in the RFP). 2.4 Unless otherwise specified in the RFP, the Proposal shall include: 2.4.1 full and detailed responses to all questions or requests for information in the RFP; 2.4.2 details of the individuals whom it intends to nominate as key personnel; 2.4.3 details of the sub-contractor(s) that it intends to use; 2.4.4 outline plans/policies, provided in accordance with the format (if any) set out in the template Call-Off Contract; 2.4.5 details of any proposed transfers of Personal Data outside the United Kingdom by the Supplier or its sub-contractors, including details of the scope and type of Personal Data involved, the locations involved, any sub- contractors or other third parties who will be Processing the Personal Data, and how the Supplier will ensure an adequate level of protection and adequate safeguards (in accordance with the Data Protection Legislation and in particular so as to ensure the Approved Organisation’s compliance with the Data Protection Legislation); and 2.4.6 any other information reasonably requested by the Approved Organisation in the RFP. 2.5 At any time during the Further Competition, the Suppliers may be required at their own expense and in compliance with timeframes and dates set by Approved Organisation: 2.5.1 participate in a consultation process to allow the parties to gain further understanding of the scope of the requirements; 2.5.2 clarify its Proposal and/or any draft documentation submitted; 2.5.3 work with the relevant Approved Organisation to demonstrate how its Proposal provides value for money; 2.5.4 attend multi-supplier forums hosted by the Approved Organisation; and 2.5.5 respond to requests for further information and/or copies of plans, policies and other relevant documents. 2.6 Following submission of the Proposals, the Approved Organisation shall evaluate each Proposal, applying the appropriate award criteria as outlined below to determine the most economically advantageous solution. 2.7 The Approved Organisation shall notify all participating Suppliers of the outcome of the Further Competition following completion of the evaluation and its governance steps. The Approved Organisation shall provide each unsuccessful Supplier with written feedback on its Proposal. 2.8 Approved Organisations shall evaluate the Proposals in accordance with the following parameters for award criteria and weightings: Criteria Number Award Criteria Percentage Weightings 1 Commercial [30%-100%] 2 Quality [60%-100%] 3 Social Value (accounting for at least 10% of the weighting for Non Price Elements) [10%-100%] Acceptance of the Call-Off Contract terms is a pass or fail assessment. Any amendments or reservations of position which impact negatively on the Approved Organisation’s risk profile shall be marked as a fail and the Supplier will not be awarded the Call-Off Contract.