NEPRO x Financial Resilience

NEPO is a Centralised Procurement Authority as defined in the Procurement Act 2023 (PA23). NEPO therefore may provide central purchasing activity on behalf of Contracting Authorities.

The agreement will be available for use by NEPO Member Authorities found here www.nepo.org/about ↗ & all current & future Associate Members. Current Associate Members are listed here, NEPO website: www.nepo.org/associate-membership ↗

NEPO intends to make the resulting agreement available for use by all Contracting Authorities throughout all administrative regions of the UK (as defined by the Procurement Act 2023) including but not limited to Government Departments & their Agencies, Non-Departmental Public Bodies, Central Government, NHS Bodies, Local Authorities, Emergency Services, Coastguard Emergency Services, Educational Establishments, Registered Social Landlords and Registered Charities.

A permissible users list available at: www.nepo.org/associate-membership… ↗

The successful Tenderers will enter into a Framework Agreement (NEPO536: NEPRO x Financial Resilience) with NEPO. This Framework will be made accessible to the Member Authorities and the Associate Members of NEPO via Call-Off contracts. NEPO will establish overarching terms and conditions that define the core principles of the Framework.

Pricing will be determined through the tender process and evaluated against predefined award criteria and associated weightings. All tenderers will be assessed accordingly.

Pricing submitted as part of this Framework will apply to requirements Nationally.

Pricing will be fixed from the point of the Framework commencement for a minimum period of 24 months. Framework commencement will be considered from the issue of the Award Letter to successful tenderers following the Standstill period ("Effective Date"). From the 2nd anniversary of the Effective Date, Providers will be able to request a variation to their pricing.

Contracting Authorities may establish Call-Off Contracts through an award without or with further competition.

Award without Competition

Under s45(4) of the Procurement Act 2023, Contracting Authorities may award directly to a Supplier without further competition under this Solution. The objective mechanism for supplier selection without competition under this Solution follows the cascade method. This shall function as follows:

1. Suppliers awarded to the Solution shall be ranked according to their combined price / quality (Most Advantageous Tender) score.
2. A Contracting Authority shall first award directly to the first-ranked Supplier.
3. If the first-ranked Supplier is unable to meet the requirements, or does not accept the project, then the second-ranked Supplier shall be considered.
4. If the second-ranked Supplier cannot meet the requirements, or does not accept the project, then the third-ranked Supplier shall be considered.

A Contracting Authority may make a direct award to a specific Supplier (i.e. outside of the cascade method process above) where it has sufficient business or commercial reason for doing so. Reasons may include, but are not limited to:

• Where the Contracting Authority is procuring additional or repeat services and the Supplier who would otherwise be awarded under the cascade method is not an existing Supplier and to use an alternative Supplier would result in disproportionate technical difficulties in operation or maintenance for the Contracting Authority; and/or
• Where there are objectively justifiable contextual reasons to make a direct award to a specific Supplier, such as geographical requirements.

The responsibility for complying with, and the reason for, this Call-Off procedure lies with the Contracting Authority who will need to satisfy its internal procedures that this process can be utilised.

When an award without competition is made, the price will be based on the Solution contracted tendered rates. The Supplier rates can be improved (i.e. reduced) but must not exceed the capped tendered rates.

Further Competition / Mini Competition

Contracting Authorities may opt to run a further competition at their discretion throughout the life of the Solution.

All Suppliers awarded to the Solution may be invited to participate in a further competition. At the discretion of a Contracting Authority, Suppliers may be initially requested to provide an Expression of Interest (EoI) for the project. Any Supplier not expressing an interest by the assigned deadline may not be invited to participate in the further competition at the discretion of a Contracting Authority and in accordance with any guidance issued.

The criteria for evaluations at the further competition stage will be detailed by the Contracting Authority and included within the documentation issued at that stage. Contracting Authorities will utilise their own further competition documents.

At further competition stage, Suppliers should be asked to provide a price based upon the actual requirements of the Contracting Authority. All rates provided within the Solution must not be exceeded but can be lowered to ensure a competitive bid.

Contracting Authorities should expect to be provided with detailed pricing at the Call-off stage to ensure that the capped rates are not exceeded. The Contracting Authority can disqualify any Supplier who does exceed the tendered capped rates from the further competition process.