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NEC ECC: Does a Client have to declare the price/quality award criteria at tender stage?
As the incumbent supplier of professional services to a private company who, in turn, is contracted to a Roads Authority we have been asked to tender for the renewal of our services. This happens from time to time and is quite normal in our relationship but a new parent company of our Client has introduced a new type of agreement and procurement process.
The new approach is for the tenders to be assessed on both price and quality but the Client has refused to confirm the price/quality split or how the individual scores for price and quality and the combined total score will be calculated.
If the services were being procured by a Public Contracting Authority then Directive 2014/24/EU would require the award criteria to be published during the tender period.
Is anyone one aware if there are similar rules that govern procurement by a private organisation?
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Private sector organisations in the UK are not subject to compliance with the Public Contracts Regulations 2015 and so it is up to them to determine what information they want to disclose to bidders. It is still good practice to disclose the award criteria, however not mandatory.
Procurement in the private sector still has to be legal and not be in breach of other aspects of UK law such as Bribery Act 2010, Competition Act 1998, Data Protection Act 1998, Fraud Act 2006, Supply of Goods and Services Act 1982, and Unfair Contract Terms Act 1977.
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