CONTRACT NOTICE
Introduction
A Contract Notice is the official notice that must be published in OJEU, calling for requests from prospective providers to participate in a procurement. Further information on Contract Notices can be accessed at the link below:
Contract Notices do not need to be published for call-off contracts made against Framework Agreements.
Guidance for compiling a Contract Notice
The guidance below follows the format of the Contract Notice on and outlines the information that is required as a minimum in such a notice. Field titles marked in red denote mandatory requirements. Without compromising your position, you should seek to provide as much as possible of the non-mandatory requirements as this will help suppliers make a judgment as to whether they are in a position to bid for the business :
Title attributed to the contract by the contracting authority – insert the contract title which was used in the Prior Information Notice (if issued).Reference number attributed by the contracting authority – insert the project reference number that has been allocated to the procurement.
Value of the Tender – enter the value (excl VAT) of the contract/framework.
Would you like to hide the notice value from suppliers?– this automatically defaults to ‘Yes’. However, if this information is made visible, it may help prospective suppliers make a decision as to whether to express an interest in the business.
Regions where the services/supplies/works are to be delivered – insert a tick in the box which accurately reflects the location of the requirement. This might be of particular interest to SMEs who may focus their activities in one particular area.
II.1.6 Common Procurement Vocabulary – use the search facility to select the CPV that most accurately reflects your requirements. This must be consistent with the CPV that was detailed in the Prior Information Notice (if one was published). This is an important selection, as an email notification of the contract notice will be sent to all those suppliers that have registered their company details for business of this nature.
Section I: Contracting Authority
I.1 Name, Addresses and Contact Points – insert the name and address of your organisation, together with further contact details so that any supplier interested in finding out more about the contract award can get in touch if required.
I.2 Type of Contracting Authority – select the category that is representative of the nature of your organisation. If your organisation has acted as a Central Purchasing Body and is letting a contract/agreement on behalf of other organisations, select ‘Yes’ (for further information on Central Purchasing Bodies, click here).
Section II: Object of the Contract
II.1.2 Type of Contract– select the type of contract from the list of ‘Works’, ‘Supplies’ or ‘Services’. If the requirement covers a combination of type of contract, the type to be selected is that which represents the largest proportion of the overall value of the business.
If you have selected ‘Works’ or ‘Supplies’ you will also need to select the relevant sub-option.
If you have selected ‘Services’ you will need to enter the appropriate service category number. A full list of service categories can be seen by clicking on < show in detail >.
Main site or location of works / place of delivery / place of performance– insert the location at where the contract is to be performed/delivered.
NUTS Code – select the appropriate region from the list.
II.1.3 This Notice involves – use this field to illustrate whether the Contract Notice will lead to the creation of a contract, framework agreement or dynamic purchasing system.
II.1.4 Information on Framework Agreement – if applicable, provide the necessary information on the proposed framework. Frameworks should only exceed four years in exceptional circumstances, which will require justification.
II.1.5 Short Description of the Contract or Purchase – provide a description of the proposed procurement which will help prospective suppliers to make a judgment as to whether to express an interest in tendering.
II.1.7 Contract Covered by Government Procurement Agreement (GPA) – the GPA is the World Trade Organisation's procurement Agreement and has a direct relationship with the EU directives on procurement. Schedule 1 of the Public Contracts Regulations 2006 details those organisations that are subject to the provisions of the GPA. Select ‘Yes’ if your organisation falls within these organisations.
II.1.8 Division into Lots – in drawing up your procurement strategy, you will have established whether there is scope to break the contract/framework down into lots. Indicate whether the business will be broken down into lots and on what basis tenders will be considered.
The ‘lotting’ strategy for the contract can be used to improve access to opportunities for SMEs, Third Sector organisations or Supported Businesses who may focus their activities in one particular area.
If you are breaking the business down in to Lots you can enter information relating to each of the Lots.
II.1.9 Variants will be accepted – by allowing variants, suppliers will be allowed to submit an alternative proposal in addition to a standard bid. Variant bids can sometimes include innovative proposals which may provide some added value in satisfying your requirements.
II.2.1 Total Quantity or Scope – insert details outlining the intended scope and estimated value of the procurement. The following text could be used to qualify the quantity if it cannot be guaranteed “It is estimated that the total potential value for orders could be between……. over the term of the contract/framework”. If the procurement is of a collaborative nature, consider use of the following text “For the purpose of this contract notice and any subsequent contracts arising from it, the contracting authority will act as a central purchasing body.It is anticipated that a significant number of public sector organisations in Wales, may, if they wish to do so, utilise the Framework Agreement. Such organisations may include (but will not be limited to) government departments, NHS bodies, agencies, local and emergency authorities (polic and fire), educational establishments and utilities. Details of Welsh public sector organisations can be found at ”.
II.2.2 Options – provide details of any exercises that may be exercisable under the contract/framework (eg, option to extend the core period).
II.3 Duration of the Contract – specify the date(s) applicable to the contract as appropriate. Frameworks should only exceed four years in exceptional circumstances, which will require justification.
Section III: Legal, Economic, Financial and Technical Information
III.1.1 Deposits and Guarantees Required – provide details of any deposits, guarantees or performance bonds that will be required under the contract (eg, parent company guarantees may be requested).
III.1.2 Main Financing/Payment Arrangement – indicate the form of financing required or any payment mechanisms that may apply (eg. staged payments).
III.1.3 Legal Form Required – consider use of the following text “Joint and several liability. In the case of consortium bids, the lead supplier must act as the prime contractor”.
III.1.4 Other Particular Conditions – provide details of any other conditions that may be reasonably applicable.
III.2.1 – III.2.3 Conditions for Participation – these sections will not apply if the procurement is being conducted via the Open Procedure. Otherwise, conditions for participation should be specified using the standard VW PQQ template as the basis. In all instances, Conditions for Participation must be reasonable and proportionate to the procurement in question.
III.2.4 Reserved Contracts – Regulation 7 of the Public Contracts Regulations 2006 allows contracting organisations to reserve business opportunities for a “supported business”, “supported employment programme” or a “supported factory”. In terms of deciding when a contract can be reserved, you should consider whether the sector can supply the goods or services required. If so, does the contract then provide opportunities for working with supported businesses?
III.3 Conditions Specific to Services Contracts – indicate whether a services contract is restricted to a particular profession and whether details of providers relevant personnel will be required.
Section IV: Procedure
IV.1.1 Type of Procedure– insert the selected procedure, together with any justification as necessary. Substantive justification is required for selecting an Accelerated procedure.
IV.1.2 Limitations on the Number of Operators – provide details regarding the anticipated number of providers to be involved in the procurement and refer to the PQQ as being the method for choosing those providers.
IV.2.1 Award Criteria – Indicate the basis on which the contract/framework will be awarded. In the case of most economically advantageous tender, indicate that the criteria will be issued with the invitation to tender document as this allows more time for the details to be finalised.
IV.3.2 Previous Publications – insert details of any previous notices that have been published in respect of the same procurement.
IV.3.3 Conditions for Obtaining Specifications and Additional Documents – insert the time limit for obtaining documentation relating to the procurement. In order to ensure that procurement is accessible to all suppliers, charges should not be levied for accessing documentation.
IV.3.4 Time Limit for Receipt of Tenders or Requests to Participate – insert the applicable deadline, ensuring that it is reasonable given the complexity of the procurement and taking account of whether a PIN has been issued. Note that the deadline for receipt of requests to participate can be used as the deadline for suppliers to pre-qualify if the Restricted Procedure is used.
IV.3.5 Date of Dispatch of Invitation to Tender – there is no need to complete this box unless absolutely certain of the date of dispatch
IV.3.6 Language – all documentation should be drawn up in English, unless the proposed procurement requires prospective suppliers to demonstrate their competency in another language.
IV.3.7 Minimum time frame during which the tenderer must maintain the tender – it is recommended that tenderers should maintain their tenders for 120 days, unless you are certain that the evaluation and award can be completed in a shorter timescale.
IV.3.8 Conditions for Opening Tenders – enter the necessary details if you want to provide this information.
Section VI: Complementary Information
Questions VI.1 – VI.3 – provide any relevant further details that are available.
VI.4.1 Body Responsible for Appeal/Mediation Procedures - The UK does not have any such bodies with responsibility for appeal/mediation procedures. Make reference to the text detailed in section VI.4.2 of this template, below.
VI.4.2 Lodging of Appeals – This requires information on deadlines for lodging of appeals. Although precise information may be difficult to give at this stage, the following suggested form of words are suggested: “[This authority] will incorporate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the contract is entered into. Applicant have 2 working days from the notification of the award decision to request additional debriefing and that information has to be provided a minimum of 3 working days before the expiry of the standstill period. Such information should be requested from [insert contact details, possibly with reference to the details entered at I.1].”
VI.4.3 Service from which information about the lodging of appeals may be obtained – leave this section blank.
VI.5 Date of Dispatch of this Notice – this will be automatically completed by publishing the notice via
P:\Value Wales\Value Wales (Policy and Strategic Partnerships)\Projects\Procurement Route Planner\OJEU Notice Templates\Draft OJEU Notice Templates