Frequently asked questions
Please find below some useful guides and frequently asked questions on various topics which are designed to help you understand some of the procurement processes and procedures when using Firebuy From The Consortium's contracts and framework agreements:
Framework Agreements
Q. What is a framework agreement?
It is an agreement or other arrangement between one or more contracting authorities and one
or more economic operators which establishes the terms (in particular the terms as to price
and, where appropriate, quantity) under which the economic operator (supplier) will enter into
one or more contracts with a contracting authority in the period during which the framework
agreement applies.
Q. What element of choice is there in framework agreements?
A framework will generally have one, three or more suppliers.
Q. How do I use the framework?
The Members area of the Firebuy From The Consortium website contains the necessary forms and guidance on how to use the frameworks. Users of frameworks are referred to as purchasing bodies who
can award 'call-off' contracts against the framework. The 'call-off' may involve carrying out a mini competition. Firebuy From The Consortium will provide advice and support to any purchasing body wishing to use a framework including at all stages of a mini competition.
Q. When would I do a 'call-off' against the framework without a mini competition?
Unless you have a straightforward requirement, Firebuy From The Consortium recommends that you always carry out a mini competition because it is the best way to minimise any allegations of unfairness, lack of transparency or discrimination that could lead to the risk of a legal challenge. However, it is not necessary to do a mini competition when:
- Buying spares or accessories for an existing set/range of equipment
- There is only one supplier that can meet the user requirement
- The requirement is small e.g. one-off replacement of existing kit
When using the framework without a mini competition goods can be called off using the terms agreed when the framework was set up.
Q. When would I do a 'call-off' against the framework with a mini competition?
As set out above a mini competition should be undertaken to minimise any allegations of unfairness, lack of transparency or discrimination that could lead to the risk of a legal challenge. Furthermore a mini competition will address the need for an individual FRA to meet its standing orders and financial governance arrangements. In addition a mini competition can be used:-
- To ensure best value for money is achieved on major purchases in terms of volume and/or cost
- When purchasing for an entire FRA or Region and more than one supplier can meet the user requirement
- If the framework is not precise enough for you to identify the best value supplier
Q. What documentation is required to invite suppliers to participate in the mini competition and where will I find it?
A template(s) is available for completion by the purchasing body it can be found in the Members area of the Firebuy From The Consortium website. The complexity of the purchasing bodies' requirements will determine whether the content of the template is straight forward or complicated.
Q. Can I use a different template?
It is advisable to use the Firebuy From The Consortium template which is consistent with the EU procurement regulations. Any deviation may fall outside what is permissible and legal.
Q. Do I need to set up separate terms and conditions?
No - Firebuy From The Consortium has set out all the terms and conditions in the Framework procurement process.
Q. Is it necessary to conduct trials as part of a mini competition?
No - in association with CFOA, Firebuy From The Consortium conducted comprehensive trials of all the sets and associated equipment, including telemetry. Firebuy From The Consortium has extensive data on the trials which can be shared with you. Pen pictures of all the equipment are published on the Members area of the website and we would be happy to discuss with you all the other data that is available. As and when manufacturers have new equipment they wish to add to the framework, as appropriate Firebuy will arrange for these products to also be trialled and evaluated before they are added to the framework. As well as testing the products, this approach has the added benefit of removing the expense involved for FRAs and suppliers in carrying out multiple trials. FRAs would need to carry out such trials under the same conditions and controls as those conducted by Firebuy From The Consortium in order to get comparable results otherwise you may be open to a complaint of unfairness. This would be very costly and time consuming both for the FRA and suppliers.
Q. Can I ask the suppliers to provide samples of equipment for viewing and evaluation?
You can ask suppliers to provide a sample set of equipment to view and evaluate e.g. to test compatibility with PPE. As set out above it is unnecessary to ask for sets for trialling and evaluation purposes as Firebuy has already conducted trials as part of its evaluation.
Q. What information should the suppliers be asked to provide during the mini competition?
Suppliers should only be asked to provide information relevant to the user requirement and delivery information as requested in the invitation to participate in the mini competition. It should be noted that there is no scope, at this stage, to select a supplier, based on technical ability, financial standing etc. These issues were addressed before the framework itself had been awarded and it is not appropriate or necessary to repeat this. Firebuy From The Consortium can provide more information on what has already been evaluated if it is required.
Q. Does the mandatory 10 day standstill (Alcatel) rule apply to a mini competition?
Refer to the attached OGC guidance, paragraphs 37, 38 and 39 on the new remedies directive mandatory standstill period for mini competitions:
http://www.ogc.gov.uk/documents/Remedies_Guidance_Part_3_Remedies_Rules%281%29.pdf
Q. Who do I need to notify of the outcome of the mini competition?
The suppliers should be notified and de-briefed on their own bid. Firebuy From The Consortium strongly recommends that suppliers are debriefed on the outcomes of mini-competitions so they understand the reasons why they were successful or not. The debrief should help them to identify where they need to improve in any future bids. In addition to suppliers you should notify Firebuy From The Consortium (before and after a mini competition) so that the event and award can be announced on the website and so that we are aware of the overall position regarding use of the framework.
Q. When can the order be placed?
As soon as the call off contract either with or without a mini competition is signed by both the contracting authority and supplier. All purchase orders should quote the Firebuy From The Consortium framework reference number. If you do not quote the framework number on the order then you will not be protected by the terms and conditions of the framework.
Q. What guarantee will there be that the purchase price will not rise significantly and how will best value be met?
Prices are fixed for the first year and there is an annual price review in which prices can go down as well as up. Competitive tension is maintained between suppliers as there are four on the framework. The contract will be completely reviewed after 2 years when a 2 year extension will be considered, value for money will play a key part in this decision. The ease of procurement using the mini competition and the competitive prices within the framework, mean users will save time and money in the procurement process and gain from the economies of scale.
Q. Can upgraded and new products be added to the framework?
Yes - the Public Contracts Regulations 2006 do allow the upgrading of products on a framework agreement provided these are within the scope and specification of the original tender competition. New products may be subject to trials at the suppliers' expense. The outcome of the trials will be used to determine if the product is added to the framework. The Firebuy From The Consoritum procedure for the addition of new products can be found in the Members area of the website.
Q. How will use of framework agreements support delivery of other FRS objectives such as achieving interoperability?
Greater interoperability and other developments for improving overall equipment suitability will be facilitated by working with all suppliers to develop single solutions where there is more than one supplier on the framework. Firebuy From The Consortium will need to be involved in this type of work to ensure it is within the original scope of the framework.
Q. Are there any advantages of the framework in terms of environmental/equality issues?
All suppliers are vetted and have to provide environmental and equality statements and policies during the tender.
CONTACTS
For help in relation to using frameworks and mini competitions:
mark.herrington@theconsortium.co.uk - For advice on procurement and mini competitions or regarding this FAQ
alan.paulinski@theconsortium.co.uk- For technical advice