Regulation 9 Direct Award Process 2

(1)

This regulation applies where the relevant authority has decided to follow the Direct Award Process 2 in accordance with regulation 7(5).

(2)

The relevant authority must—

(a)

follow the steps set out in this regulation, and

(b)

award any contract without a competition.

Step 1

(3)

The relevant authority must decide whether the existing provider is satisfying the existing contract and will likely satisfy the proposed contracting arrangements to a sufficient standard.

(4)

In reaching a decision at step 1, the relevant authority must take into account the key criteria and apply the basic selection criteria.

Step 2

(5)

If the relevant authority decides the existing provider is satisfying the existing contract and will likely satisfy the proposed contracting arrangements to a sufficient standard, the relevant authority must submit for publication a notice of intention to make an award to the existing provider.

(6)

The notice referred to in paragraph (5) must include the information set out in Schedule 4.

(7)

Following the publication of the notice in paragraph (5), the standstill period begins in accordance with regulation 12(4).

Step 3

(8)

Where written representations are made in accordance with regulation 12(5), the relevant authority must—

(a)

comply with the requirements specified in regulation 12(7) and (9), and

(b)

communicate the further decision made under regulation 12(10) and any subsequent further decisions made under regulation 12(12), in accordance with regulation 12(11) and (13).

(9)

Where no written representations are made in accordance with regulation 12(5), the relevant authority may move from step 2 to step 4.

Step 4

(10)

The relevant authority may enter into the contract after the standstill period has ended in accordance with regulation 12(14) or (15).

Step 5

(11)

If the relevant authority awards a contract under step 4, the relevant authority must submit for publication a notice of the award of the contract within 30 days of the contract being awarded.

(12)

The notice referred to in paragraph (11) must include the information set out in Schedule 5.