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RESOLVED:

a)    Noted the change in procurement
legislation

b)    Approved the implementation of an Open
Framework

c)     Provided delegated authority to allow the
Executive Director of Place to update and amend the terms and
conditions of the Open Framework, which are necessary to ensure it
remains compliant with legislation and continues to meet the aims
and objectives of the Council.
 
REASONS RESOLVED:

1.     The
current DPS is similar to a standard procurement framework in that
it provides the Council with a pre-approved list of suppliers from
which to call-off contracts. Unlike standard frameworks, suppliers
can join a DPS at any time. The process of joining a DPS is also
completed entirely digitally, which is less resource intensive in
comparison to frameworks.

2.     Under the Procurement Act 2023, DPSs are being
replaced by Dynamic Markets which can be used to procure all types
of goods, services and works. Dynamic Markets continue to include a
pre-qualification tool to create a ready pool of bidders before
going out to tender for new work and there is no limit to the
maximum number of suppliers who can join a Dynamic
Market.

3.     From February 24 2025, contracting authorities
will have the ability to procure through ‘open
frameworks’ which will bridge the gap between traditional
framework agreements and Dynamic Markets. Like regular frameworks,
prospective suppliers may bid to join the framework agreement
before the framework start date.

4.     Contracting authorities will be permitted to
appoint new suppliers to the framework during its lifetime. This
means the frameworks may be ‘opened up’ at least twice
and it is the Council’s intention to open the framework at
least twice per annum. This will ensure we maintain an up to- date
list of suppliers and support local business and the local economy.
The new Open Framework will run for up to eight years, the maximum
permitted period.

5.     The
Council’s new open framework will improve flexibility and
help facilitate a more competitive market. By providing suppliers
with multiple opportunities to join during its lifetime, there is
less risk of open frameworks excluding smaller and newer suppliers.
The intention is that this will make it easier for contracting
authorities to use frameworks to procure from SMEs.
 
ALTERNATIVE OPTIONS:
The open framework was chosen over a Dynamic
Market as this can only be used where the value of the contract is
over the legal threshold where formal competitive procurement is
required, which is currently £214,904. Whilst some of the
council's school transport contracts are in excess of this
threshold, many are not meaning that a further separate procurement
process would need to be in place.