In this DPS Byte 3 we look first at the process for award of contracts under a DPS. For contracts above the EU threshold there is a risk that these could be declared ineffective where the rules about how the contract is awarded are breached. Why a DPS is good for buyers. Once we enter into the framework agreement, do we need to publish a contract award notice? The information on this website is of general interest about current legal issues and is not intended to apply to specific circumstances. Standstill: There is no obligation to notify DPS suppliers of a decision to award a contract under a DPS, to provide a de-brief or to run a standstill period. Where an economic operator makes a written request for information the contracting authority must, as quickly as possible, and in an event within 15 calendar days, give the economic operator reasons for the rejection of its RTP. Here are some of the essential things which procurers should do, and avoid doing, when running a procurement within the LTR. The contract notice (or invitation to confirm interest where a PIN is used) should list the award criteria which will be used to evaluate the best tender when a contract award is made under the DPS. Publication on Contracts Finder is required within a "reasonable time". 90. Contract award notice: There is a requirement to publish a contract award notice in the OJEU for contracts awarded using a DPS. There is no obligation to undertake a standstill period. There is no obligation to undertake a “standstill” period, although there may be some benefits in doing so (see under FAQ section below). If the DPS supplier is subsequently convicted of an offence which constitutes a mandatory ground for exclusion, the contracting authority is required to exclude the DPS supplier from the DPS subject to the statutory exceptions and "self-cleaning" provisions.One of the "dynamic" aspects of a DPS is that economic operators have the right at any time in the life of the DPS to apply to participate. Where the RTP information satisfies the selection criteria and evidence of self-cleaning, where provided, is satisfactory then that supplier should be readmitted to the DPS.The same principles will apply to discretionary grounds for exclusion, such as poor contractual performance.The CCS guidance also takes the view that economic operators previously excluded at selection stage are free to reapply for membership of a DPS. the time within which a contracting authority must make a decision whether or not to admit an economic operator to the DPS. We won't set optional cookies unless you enable them. The award criteria can be formulated more precisely in the invitation to tender. The standstill period has been described as "both a shield for contracting authorities from potential ineffectiveness claims, and as a sword for aggrieved bidders where there has been a failure to properly apply the standstill period". We'd also like to set optional analytics cookies to help us improve it. All contracts awarded will be published via the Public Contract Scotland portal. There is no obligation for you to undertake a “standstill” period, although it is recommended that you assess on a case by case basis whether there would be any benefit to your organisation in doing so. The cookies collect information in a way that does not directly identify anyone. The contracting authority could then make a formal decision and notify economic operators within 10 working days of that decision. It has some aspects that are similar to framework agreements, but the Contract Notice will remain open throughout the lifetime of the DPS meaning that new suppliers can join at any time.. Modern Slavery The cookies collect information in a way that does not directly identify anyone. For DPSs where the total value of awards to be made are estimated to exceed the relevant EU thresholds it is advisable to comply with the statutory guidance and use the standard PQQ wording. While you do need to stand still to cast Drain Soul, your DoTs are mostly instant, meaning you do not suffer from movement as much as other casters. Privacy Policy. 89. This DPS is expected to run for a … There is no requirement to publish any information about who has been admitted into the DPS. Standstill period. give them an opportunity to ask for further information or call for a review of the decision. 92. Once you have identified the winning bid, we recommend you apply a standstill period - usually a minimum of 10 working days. The minimum time limit for receipt of tenders is 10 calendar days from the date on which the invitation to tender is sent. Dataroom login Other Information Once established, The DPS for the Electronic Eyecare Referral System will remain open (valid) for 4 years. You may disable these by changing your browser settings, but this may affect how the website functions. This should include considering evidence of any self-cleaning measures taken, where appropriate. There is no obligation to run a standstill period, publish a contract award notice in the OJEU or publish contract award information in Contracts Finder when the initial DPS list is established or when economic operators are added to the DPS suppliers list. What works best will depend on the internal organisation and decision making of the contracting authority We suggest that the procurement documents make it clear that economic operators are only entitled to participate in tenders under the DPS after they have been both formally notified that they are successful and their name has been added to the DPS supplier list. In our view this is unlikely to be acceptable. Exclusion grounds: It is possible, in certain cases, to exclude an existing DPS supplier from participating in a DPS where grounds for exclusion arise during the life of the DPS. No standstill period is necessary. Contracting authorities must allow a minimum of 30 calendar days for receipt of RTPs. The ITT must include: The criteria for award of contracts under the DPS will have been set out in the OJEU contract notice or invitation to confirm interest where a PIN as a call for competition is used. Standstill period. 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