The Single Source Contract Regulations 2014
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Change 1
9 Competitive process for contracts made under a framework agreement
(1) This regulation applies where ...— (a) the Secretary of State or a person acting on behalf of the Secretary of State has either— (i) published ... a notice of intention to seek offers in relation to a proposed agreement or other arrangement (“framework agreement”) which establishes terms under which a person (a “framework supplier”) would enter into one or more contracts with the Secretary of State in the period during which the framework agreement applies; or (ii) invited two or more persons to negotiate or provide offers in relation to the terms of a proposed framework agreement; (b) the Secretary of State or a person acting on behalf of the Secretary of State has entered into a framework agreement with one or more framework suppliers; and (c) the Secretary of State enters into a contract with a primary contractor. (2) The award of a contract is the result of a competitive process if— (a) the terms governing the price payable under the contract are determined by a framework agreement and the conditions in paragraph (3) are met; or (b) the terms governing the price payable under the contract are determined by a competition between two or more framework suppliers and the conditions in paragraph (4) are met. (3) The conditions mentioned in paragraph (2)(a) are— (a) the material terms of the framework agreement are wholly or substantially the same as were offered by the primary contractor— (i) in a tender submitted in response to the notice mentioned in paragraph (1)(a)(i); or (ii) in negotiations following the invitation mentioned in paragraph (1)(a)(ii); (b) at the time of making that offer, the primary contractor did not consider it likely, or could not have reasonably considered it likely, that its offer would be the only offer reasonably capable of acceptance by the Secretary of State or a person acting on behalf of the Secretary of State; and (c) where this regulation applies by virtue of paragraph (1)(a)(ii), the persons mentioned in that paragraph included at least one person who was not the primary contractor (or a person associated with the primary contractor). (4) The conditions mentioned in paragraph (2)(b) are— (a) at least one of those framework suppliers was not the primary contractor (or a person associated with the primary contractor); (b) the terms governing the price payable under the contract are wholly or substantially the same as were offered by the primary contractor in its tender for the contract or in negotiations during that competition; and (c) the primary contractor did not consider it likely, or could not have reasonably considered it likely, that its offer in respect of the contract would be the only offer reasonably capable of acceptance by the Secretary of State.
9 Competitive process for contracts made under a framework agreement
(1) This regulation applies where ...— (a) the Secretary of State or a person acting on behalf of the Secretary of State has either— (i) published ... a notice of intention to seek offers in relation to a proposed agreement or other arrangement (“framework agreement”) which establishes terms under which a person (a “framework supplier”) would enter into one or more contracts with the Secretary of State in the period during which the framework agreement applies; or (ii) invited two or more persons to negotiate or provide offers in relation to the terms of a proposed framework agreement; (b) the Secretary of State or a person acting on behalf of the Secretary of State has entered into a framework agreement with one or more framework suppliers; and (c) the Secretary of State enters into a contract with a primary contractor. (2) The award of a contract is the result of a competitive process if— (a) the terms governing the price payable under the contract are determined by a framework agreement and the conditions in paragraph (3) are met; or (b) the terms governing the price payable under the contract are determined by a competition between two or more framework suppliers and the conditions in paragraph (4) are met. (3) The conditions mentioned in paragraph (2)(a) are— (a) the material terms of the framework agreement are wholly or substantially the same as were offered by the primary contractor— (i) in a tender submitted in response to the notice mentioned in paragraph (1)(a)(i); or (ii) in negotiations following the invitation mentioned in paragraph (1)(a)(ii); (b) at the time of making that offer, the primary contractor did not consider it likely, or could not have reasonably considered it likely, that its offer would be the only offer reasonably capable of acceptance by the Secretary of State or a person acting on behalf of the Secretary of State; and (c) where this regulation applies by virtue of paragraph (1)(a)(ii), the persons mentioned in that paragraph included at least one person who was not the primary contractor (or a person associated with the primary contractor). (4) The conditions mentioned in paragraph (2)(b) are— (a) at least one of those framework suppliers was not the primary contractor (or a person associated with the primary contractor); (b) the terms governing the price payable under the contract are wholly or substantially the same as were offered by the primary contractor in its tender for the contract or in negotiations during that competition; and (c) the primary contractor did not consider it likely, or could not have reasonably considered it likely, that its offer in respect of the contract would be the only offer reasonably capable of acceptance by the Secretary of State.
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