WCC Ground investigation works framework

Framework Awards

1.1 If the Client decides to source works through the Framework, then it may:

(a) satisfy its requirements for works by awarding a call-off Contract following a mini-competition conducted in accordance with the requirements of this Framework Agreement as set out in clause 2 of this Framework Appendix 3; or

(b) satisfy its requirements for the works by awarding a call-off contract in accordance with the terms laid down in this Framework Agreement by way of direct award without re-opening competition in accordance with Clause 3 of this Framework Appendix 3.

Awards following mini-competitions

2.1 To award a call-off contract for works under the Framework Agreement shall, the Client shall:

(a) supplement and refine the Call-off Terms and Conditions, and award criteria, only to the extent permitted by and in accordance with the requirements of the Procurement Act 2023;

(b) invite tenders by conducting a mini-competition for its work requirements in accordance with the requirements of the Procurement Act 2023 by way of a communication via Warwickshire Intend, the Council's Procurement Portal and in particular:

(i) invite all Contractors on the Framework to submit a Supplemental Tender within a specified time limit;

(ii) confirm details of the mini-competition award criteria and in particular if this will be based on price alone or on price and other criteria;

(iii) set a time limit for the receipt by it of the Supplemental Tenders which takes into account factors such as the complexity of the subject matter of the Contract and the time needed to submit tenders; and

(iv) keep each Supplemental Tender confidential until the expiry of the time limit for the receipt by it of the Supplemental Tenders;

(c) apply the mini-competition award criteria to any compliant Supplemental Tenders submitted through the mini-competition; and

(d) subject to clause 2.3 of this Framework Appendix 3, award a call-off contract to the successful Framework Contractor.

2.2 The Contractor agrees that all Supplemental Tenders submitted by the Contractor in relation to a mini-competition held pursuant to this clause 2 of Framework Appendix 3 shall remain open for acceptance for 30 days (or such other period specified in the invitation to tender issued by the Client in accordance with clause 2.1 above).

2.3 Notwithstanding the fact that the Client has followed the procedure set out above for mini-competitions, the Client may cancel, postpone, delay or end the procedure without awarding a Contract. Nothing in this Framework Agreement shall oblige the Client to award any call-off contracts.

Call-off contracts by way of direct award

3.1 If the Client decides to award a call-off contract for works under the Framework Agreement without re-opening competition, the Client shall:

(a) send a request for works to be undertaken directly to the Framework Contractor ranked highest following the evaluation of its Tender when the Framework was established, as set out at clause 4 below;

(b) if the Framework Contractor who was ranked highest is not able to provide the services, send a request for works to the Framework Provider ranked next highest;

(c) repeat the process set out in paragraphs 3.1 (a) and 3.1 (b) above until the request for works is fulfilled or there are no further Framework Contractors that are able to fulfil it.

3.2 Following receipt of a request for works, the Contractor shall promptly and in any event within the period notified to the Contractor in writing at the same time as the submission of the request for works, acknowledge receipt of the Order and either:

(a) notify the Client in writing and with detailed reasons that it is unable to fulfil the request; or

(b) notify the relevant Client that it is able to fulfil the request by completing, signing and returning the request.

3.3 If the Contractor:

(a) notifies the Client that it is unable to fulfil an Order; or

(b) the time limit referred to in clause 3.2 above has expired;

then the request shall lapse and the Client may then send that request to another Framework Provider in accordance with the procedure set out in clause 3.1above.

3.4 If the Contractor modifies or imposes conditions on the fulfilment of a request, then the Client may either:

(c) reissue the request incorporating the modifications or conditions; or

(d) treat the Contractor's response as notification of its inability to fulfil the request and the provisions of clause 3.1 above shall apply.

3.5 The Parties acknowledge and agree that the making of a request is an "invitation to treat" by the Client. Accordingly, the Contractor's response to the request shall constitute its offer to the Client. The Client shall signal its acceptance of the Contractor's offer and the formation of a Contract by confirming acceptance of the offer in writing, which includes email correspondence. The Client will then issue a call-off contract for signing by the Client and the Contractor.