The “Board Action Notes” from the December 6, Connecting Devon and Somerset Programme Board Meeting have now been published on the CDS website. (https://www.connectingdevonandsomerset.co.uk/wp-content/uploads/2020/01/2019-12-06-Action-Log-Final.pdf ) Under heading “3. New Procurement”, the following is stated:
“Ongoing discussions are being had to determine the best procurement approach. Options include open procedure and negotiated procedure. There are benefits and limitations to both approaches which are being considered and developed, working with BDUK.”
(a) Please provide full details of what is meant by a “negotiated procedure”.
In Competitive Procedures with Negotiation (CPwN), a “negotiated procedure” is a procurement process which is open to any supplier. Any economic operator may submit a request to participate, in response to a call for competition, by providing the information for qualitative selection that is requested by the contracting authority.
(b) Please specify what the “benefits and limitations to both approaches” are as referred to in the Action Notes.
Within the Competitive Procedures with Negotiation (CPwN) procedure, a procurement process is open to any supplier. In this, the authority and providers have an opportunity, through the negotiation phase, to optimise the provider’s offer. The standard Open Procedure, as used by CDS in previous procurements, does not facilitate any negotiation between the parties.
(c) By “New Procurement” are CDS specifically referring to the five Gigaclear contract areas that CDS has withheld payments on since September 2018 and which CDS terminated in September 2019? If not please specify.
Yes
(d) Please specify which suppliers CDS are considering inviting to participate in a “negotiated procurement procedure”.
This opportunity is available to the open market and not pre-selected, in line with EU procurement regulations 2015 / Public Contracts Regulations 2015
(e) Under EU State Air rules is a “negotiated procedure” restricted to negotiations with companies who currently have active supply contracts with CDS and does any successful “negotiated procedure” result in those contracts being extended to include additional delivery requirements?
No (this response applies to both questions being asked)
(f) Are BT Openreach and Airband the only companies who have active supply contracts with CDS? If not please specify which other companies may also be eligible to participate in a negotiated procurement procedure and why?
Yes and as indicated in response to (d) above, a Competitive Procedure with Negotiation is a procurement process which is open to all suppliers
(g) If the CDS Programme Board decide to opt for a “negotiated procedure” will (i) The progress of those negotiations, (ii) The full details of CDS’s contractual requirements and (iii) Who CDS is negotiating with, be made public from the start of the negotiations? When do CDS anticipate “negotiated procedure” contracts or contract extensions might be agreed?
No the information will not be made public as the process is commercially confidential. In response to the final question, CDS anticipate letting the new contracts during Q3 2020/2021
(h) If the CDS Programme Board decide to opt for an “open procedure” when do CDS expect to publish ITT’s and when do you expect contracts to be awarded?
CDS Board have agreed to currently proceed with a Competitive Procedure with Negotiation (CPwN). As indicated in the response to point (g), CDS anticipate letting the new contracts during Q3 2020/2021. Were CDS to opt for an Open Procedure instead, the timetable would be similar with the overall process taking approximately 9 months.