Common use of DIRECT ORDERING WITHOUT A FURTHER COMPETITION Clause in Contracts

DIRECT ORDERING WITHOUT A FURTHER COMPETITION. Subject to paragraph 1.5 above any Lead/Customer Organisation ordering the Services under this Framework Agreement without holding a further competition shall: develop a clear Statement of Requirements setting out the Service elements required; apply the Framework Award Criteria to the elements of the Services for all Contractors capable of meeting the Statement of Requirements in order to establish which of the Framework Contractors provides the most economically advantageous solution; and on the basis set out above, award its Services Requirements by placing an Order with the successful Framework Contractor in accordance with paragraph x below. FURTHER COMPETITION PROCEDURE Lead/Customer Organisation’s Obligations Any Lead/Customer Organisation ordering the Services under this Framework Agreement through a further competition shall: develop a Statement of Requirements setting out its requirements for the Services and identify the Framework Contractors capable of supplying the Services; refine the Call-Off Terms and Further Competition Award criteria to reflect its Service Requirements only to the extent permitted by and in accordance with the Regulations and related Guidance; invite tenders by conducting a further-competition for its Service Requirements in accordance with the Regulations and related Guidance and in particular the Lead/Customer Organisation shall: invite the Framework Contractors to develop a proposed solution setting out their respective proposals in respect of the Lead/Customer Organisation's Statement of Requirements ("Solution") and invite the Framework Contractors to submit a tender in writing for each specific contract to be awarded by giving written notice to the relevant Contractor Representative of each Contractor; 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; keep each tender confidential until the time limit set out in paragraph 3.1.3.(b)(ii) above has expired; and/or use an Electronic Reverse Auction (as defined in paragraph 4 below) where the Lead/Customer Organisation has notified the Framework Contractors that an Electronic Reverse Auction may be used in further competition process in accordance with the procedures set out in paragraph XX; apply the Further Competition Award Criteria to the Framework Contractors' compliant tenders submitted through the further competition as the basis of its decision to award a Call-Off Contract for its Services Requirements; on the basis set out above, award its Services Requirements by placing an Order with the successful Framework Contractor in accordance with paragraph 4 which: states the Services Requirements; states the Solution submitted by the successful Framework Contractor; states the charges payable for the Services Requirements in accordance with the tender submitted by the successful Framework Contractor; and incorporates the Call-Off Terms applicable to the Services, provide unsuccessful Framework Contractors with a feedback in relation to the reasons why their tenders were unsuccessful. The Contractor's Obligations The Contractor will in writing, by the time and date specified by the Lead/Customer Organisation in accordance with paragraph 3.1.3(b) provide the Lead/Customer Organisation with either: a statement to the effect that it does not wish to tender in relation to the relevant Service Requirements; or the Solution and full details of its tender made in respect of the relevant Solution in the format requested by the Lead/Customer Organisation The Contractor shall ensure that any prices submitted in relation to a further competition held pursuant to this Section 3 shall be based on the Charging Structure set out in Framework Schedule X (Charging Schedule) discounted, where appropriate, to take into account the volumetric in the Statement of Requirements. The Contractor agrees that: all tenders submitted by the Contractor in relation to a further competition held pursuant to this paragraph 3 shall remain open for acceptance by the Lead/Customer Organisation for ninety (90) Working Days (or such other period specified in the invitation to tender issued by the relevant Lead/Customer Organisation in accordance with the Ordering Procedure); and all tenders submitted by the Contractor are made and will be made in good faith and that the Contractor has not and will not fix(ed) or adjust(ed) the amount of the offer by or in accordance with any agreement or arrangement with any other person. The Contractor certifies that it has not and undertakes that it will not: communicate to any person other than the person inviting these offers the amount or approximate amount of the offer, except where the disclosure, in confidence, of the approximate amount of the offer was necessary to obtain quotations required for the preparation of the offer; and enter into any arrangement or agreement with any other person that he or the other person(s) shall refrain from making an offer or as to the amount of any offer to be submitted.

DIRECT ORDERING WITHOUT A FURTHER COMPETITION. Subject to paragraph 1.5 above any Lead/Customer Organisation ordering the Services under this Framework Agreement without holding a further competition shall: develop a clear Statement of Requirements setting out the Service elements required; apply the Framework Award Criteria to the elements of the Services for all Contractors capable of meeting the Statement of Requirements in order to establish which of the Framework Contractors provides the most economically advantageous solution; and on the basis set out above, award its Services Requirements by placing an Order with the successful Framework Contractor in accordance with paragraph x below. FURTHER COMPETITION PROCEDURE Lead/Customer Organisation’s Obligations Any Lead/Customer Organisation ordering the Services under this Framework Agreement through a further competition shall: develop a Statement of Requirements setting out its requirements for the Services and identify the Framework Contractors capable of supplying the Services; refine the Call-Off Terms and Further Competition Award criteria to reflect its Service Requirements only to the extent permitted by and in accordance with the Regulations and related Guidance; invite tenders by conducting a further-competition for its Service Requirements in accordance with the Regulations and related Guidance and in particular the Lead/Customer Organisation shall: invite the Framework Contractors to develop a proposed solution setting out their respective proposals in respect of the Lead/Customer Organisation's Statement of Requirements ("Solution") and invite the Framework Contractors to submit a tender in writing for each specific contract to be awarded by giving written notice to the relevant Contractor Representative of each Contractor Contractor; 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; keep each tender confidential until the time limit set out in paragraph 3.1.3.(b)(ii) above has expired; and/or use an Electronic Reverse Auction (as defined in paragraph 4 below) where the Lead/Customer Organisation has notified the Framework Contractors that an Electronic Reverse Auction may be used in further competition process in accordance with the procedures set out in paragraph XX; apply the Further Competition Award Criteria to the Framework Contractors' compliant tenders submitted through the further competition as the basis of its decision to award a Call-Off Contract for its Services Requirements; on the basis set out above, award its Services Requirements by placing an Order with the successful Framework Contractor in accordance with paragraph 4 which: states the Services Requirements; states the Solution submitted by the successful Framework Contractor; states the charges payable for the Services Requirements in accordance with the tender submitted by the successful Framework Contractor; and incorporates the Call-Off Terms applicable to the Services, provide unsuccessful Framework Contractors with a feedback in relation to the reasons why their tenders were unsuccessful. The Contractor's Obligations The Contractor will in writing, by the time and date specified by the Cont Lead/Customer Organisation racting Body in accordance with paragraph 3.1.3(b) provide the Lead/Customer Organisation with either: a statement to the effect that it does not wish to tender in relation to the relevant Service Requirements; or the Solution and full details of its tender made in respect of the relevant Solution in the format requested by the Lead/Customer Organisation The Contractor shall ensure that any prices submitted in relation to a further competition held pursuant to this Section 3 shall be based on the Charging Structure set out in Framework Schedule X (Charging Schedule) discounted, where appropriate, to take into account the volumetric in the Statement of Requirements. The Contractor agrees that: all tenders submitted by the Contractor in relation to a further competition held pursuant to this paragraph 3 shall remain open for acceptance by the Lead/Customer Organisation for ninety (90) Working Days (or such other period specified in the invitation to tender issued by the relevant Lead/Customer Organisation in accordance with the Ordering Procedure); and all tenders submitted by the Contractor are made and will be made in good faith and that the Contractor has not and will not fix(ed) or adjust(ed) the amount of the offer by or in accordance with any agreement or arrangement with any other person. The Contractor certifies that it has not and undertakes that it will not: communicate to any person other than the person inviting these offers the amount or approximate amount of the offer, except where the disclosure, in confidence, of the approximate amount of the offer was necessary to obtain quotations required for the preparation of the offer; and enter into any arrangement or agreement with any other person that he or the other person(s) shall refrain from making an offer or as to the amount of any offer to be submitted.

DIRECT ORDERING WITHOUT A FURTHER COMPETITION. Subject to paragraph 1.5 above any Lead/Customer Organisation ordering the Services under this Framework Agreement without holding a further competition shall: develop a clear Statement of Requirements setting out the Service elements required; apply the Framework Award Criteria to the elements of the Services for all Contractors capable of meeting the Statement of Requirements in order to establish which of the Framework Contractors provides the most economically advantageous solution; and on the basis set out above, award its Services Requirements by placing an Order with the successful Framework Contractor in accordance with paragraph x below. FURTHER COMPETITION PROCEDURE Lead/Customer Organisation’s Obligations Any Lead/Customer Organisation ordering the Services under this Framework Agreement through a further competition shall: develop a Statement of Requirements setting out its requirements for the Services and identify the Framework Contractors capable of supplying the Services; refine the Call-Off Terms and Further Competition Award criteria to reflect its Service Requirements only to the extent permitted by and in accordance with the Regulations and related Guidance; invite tenders by conducting a further-competition for its Service Requirements in accordance with the Regulations and related Guidance and in particular the Lead/Customer Organisation shall: invite the Framework Contractors to develop a proposed solution setting out their respective proposals in respect of the Lead/Customer Organisation's Statement of Requirements ("Solution") and invite the Framework Contractors to submit a tender in writing for each specific contract to be awarded by giving written notice to the relevant Contractor Representative of each Contractor; 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; keep each tender confidential until the time limit set out in paragraph 3.1.3.(b)(ii) above has expired; and/or use an Electronic Reverse Auction (as defined in paragraph 4 below) where the Lead/Customer Organisation has notified the Framework Contractors that an Electronic Reverse Auction may be used in further competition process in accordance with the procedures set out in paragraph XX; apply the Further Competition Award Criteria to the Framework Contractors' compliant tenders submitted through the further competition as the basis of its decision to award a Call-Off Contract for its Services Requirements; on the basis set out above, award its Services Requirements by placing an Order with the successful Framework Contractor in accordance with paragraph 4 which: states the Services Requirements; states the Solution submitted by the successful Framework Contractor; states the charges payable for the Services Requirements in accordance with the tender submitted by the successful Framework Contractor; and incorporates the Call-Off Terms applicable to the Services, provide unsuccessful Framework Contractors with a feedback in relation to the reasons why their tenders were unsuccessful. The Contractor's Obligations The Contractor will in writing, by the time and date specified by the Lead/Customer Organisation in accordance with paragraph 3.1.3(b) provide the Lead/Customer Organisation with either: a statement to the effect that it does not wish to tender in relation to the relevant Service Requirements; or the Solution and full details of its tender made in respect of the relevant Solution in the format requested by the Lead/Customer Organisation The Contractor shall ensure that any prices submitted in relation to a further competition held pursuant to this Section 3 shall be based on the Charging Structure set out in Framework Schedule X (Charging Schedule) discounted, where appropriate, to take into account the volumetric in the Statement of Requirements. The Contractor agrees that: all tenders submitted by the Contractor in relation to a further competition held pursuant to this paragraph 3 shall remain open for acceptance by the Lead/Customer Organisation for ninety (90) Working Days (or such other period specified in the invitation to tender issued by the relevant Lead/Customer Organisation in accordance with the Ordering Procedure); and all tenders submitted by the Contractor are made and will be made in good faith and that the Contractor has not and will not fix(ed) or adjust(ed) the amount of the offer by or in accordance with any agreement or arrangement with any other person. The Contractor certifies that it has not and undertakes that it will not: communicate to any person other than the person inviting these offers the amount or approximate amount of the offer, except where the disclosure, in confidence, of the approximate amount of the offer was necessary to obtain quotations required for the preparation of the offer; and enter into any arrangement or agreement with any other person that he or the other person(s) shall refrain from making an offer or as to the amount of any offer to be submitted.