Wales consultation on Public Procurement Regulations: Part 2
Pipeline Notice (included at regulation 33 of the draft SI)
The regulation, included at regulation 33 of the draft Statutory Instrument (SI), is to provide the market with advance notice of anticipated public contracts of an estimated value of more than £2 million in the forthcoming 18-month period. This affords suppliers the opportunity to track potential opportunities, enabling them to determine if they wish to bid.
Private utilities are not required to publish a pipeline notice.
This question requires an answer
1. To what extent do you agree or disagree that the pipeline notice, as described in the draft SI, will usefully provide advance notice to suppliers of forthcoming contracting opportunities? *
500 character limit
2. If you answered disagree or strongly disagree to Q1 please explain why you do not believe this delivers the policy intent.
Planned Procurement Notice (Included at regulation 11 of the draft SI)
The regulation is included at regulation 11 of the draft SI. The purpose of the planned procurement notice is to give the market advance information, to enable potentially interested suppliers to determine whether an upcoming procurement is something they wish to bid for, and to grant them the maximum time possible to prepare.
Publication can occur at any time prior to the tender notice, but if it is at least 40 days prior (and no more than a year before), the contracting authority may choose to reduce the tender period to a minimum of 10 days. This is where it differs from the pipeline notice.
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3. To what extent do you agree or disagree that the contents of the notice described in the draft SI provide the information needed by suppliers to determine their interest in the upcoming procurement that is the subject of the notice? *
500 character limit
4. If you answered disagree or strongly disagree to Q3 please explain why you do not believe this delivers the policy intent.
Preliminary Market Engagement Notice (Included at regulation 12 of the draft SI)
The regulation, included at regulation 12 of the draft SI, makes provision for contracting authorities to publish a preliminary market engagement notice when this engagement will be or has been conducted. It is not a mandatory notice, however, a contracting authority must consider whether or not to publish the notice in context of their obligations under the Procurement Bill. Where engagement has occurred, but a preliminary market engagement notice is not published, the reasons for not publishing must be included in the tender notice.
In the draft SI, the UK government have included a draft amendment to dis-apply the preliminary market engagement notice requirements in clause 17 of the Bill for private utilities. The UK government is consulting on this proposed amendment on behalf of reserved private utilities and transferred Northern Ireland authorities, and the Welsh Government are consulting on this proposed amendment on behalf of devolved Welsh authorities.
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5. To what extent do you agree or disagree that the notice as set out in the draft SI delivers the policy intention of encouraging the use of preliminary market engagement in an open and transparent way? *
The answer is in an invalid format.
6. If you answered disagree or strongly disagree to Q5 please explain why you do not believe this delivers the policy intent.
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7. To what extent do you agree or disagree that private utilities should be exempted from the preliminary market engagement notice requirements in clause 17 of the Bill? *
The answer is in an invalid format.
8. If you answered disagree or strongly disagree to Q7 please explain your reasoning.