Time to take notice

EU flag iStock 000009228887XSmall 146x219Richard Auton and Jessica Cumming provide their top ten tips on Contract (OJEU) Notices.

Do you need one?

Is the value of your contract over the current financial threshold? Is it for public works, supplies, a Part A service, a dynamic purchasing system or a framework agreement? Is it not one of the exemptions listed in the regulations? If yes to all of these questions, then you will need to advertise it in the Official Journal of the European Union (OJEU).

Remember the principles

Even if you answered no to the questions above the treaty principles of fairness, non-discrimination and equal treatment require you to sufficiently advertise the contract. If the value and subject-matter of the contract mean there could be cross-border interest then you may decide to advertise it in the OJEU anyway.

Timing is everything

Publication of the contract notice starts the clock running. Which procedure are you using? Keep in mind how long the bidder response period is for that particular procedure as this will begin from the date the notice is published.

Scope the procurement

The notice sets out the scope of the procurement process itself as well as the resultant contract. Make the notice broad in scope to make the process flexible; amending or adding details after the notice has been published may mean re-advertising, which will inevitably cause delay as the response period will start again.

Give yourself wriggle-room

Make sure the contract notice sets out all the specifications, parameters and details of what you require, as the notice fixes the parameters of the contract that results from the procurement. If you later make changes that: make the contract materially different from what was in the notice; extend its scope; or shift the economic balance in favour of the contractor then you may be in breach of the rules. If you will need flexibility, try and allow for this in the notice from the start.



Tick the right boxes

The notice must be completed online in a prescribed form where you tick boxes and fill out text boxes. Make sure you have ticked all the correct boxes to make the notice relevant to your needs.

Give it a good title

Give the contract an accurate, attractive title; bidders will use the title when considering whether they wish to bid for the contract.

Describe it carefully

Bidders will also use the short description of the contract that you have to complete in the notice as a basis of their decision. Make it accurate but with a degree of flexibility so that it does not impede the procurement progressing in a particular direction.

Do you need lots?

You must say in the contract notice if you are intending to split the contract into lots and if so, how many. You should also indicate whether bidders can bid for one lot only, one or more lots, or all lots.

Be transparent

You need to say whether you are awarding the contract on the lowest price or the most economically advantageous tender. If you know you are going to give weightings to criteria, you must state them, otherwise you need to rank the award criteria in order of priority. If you are using sub-criteria you should list these too. There have been lots of cases challenging the failure to specify known weightings and sub-criteria in contract notices – don't be one of them!

A carefully-scoped and drafted contract notice will make the whole procurement run much more smoothly so it is worth the time and effort in getting it right. We can help you with this so don't hesitate to get in touch.

Richard Auton is a Director and Jessica Cumming is a Solicitor at Walker Morris. Richard can be contacted on 0113 283 2575
and by This email address is being protected from spambots. You need JavaScript enabled to view it.. Both regularly contribute articles and updates to reach.... ®, the free Walker Morris knowledge database and alerter service.