VOLUNTARY EX ANTE TRANSPARENCY NOTICE

Section I: Contracting Authority/Entity

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

KS4 Reference Test.

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

Coventry.

II.1.3)

This notice involves a framework agreement

II.1.4)

Short description of the contract or purchase(s)

These will be annual National Reference Tests in English Language and Mathematics to be taken by a sample of year 11 pupils across England (that is, by children aged 15 to 16 years) to provide reliable information on a cohort's performance in those subjects independent of GCSE examinations. The data from the National Reference Tests will contribute to GCSE awarding.

The contract will cover the development and trialling of the Tests and their annual delivery.

II.1.5)

Common Procurement Vocabulary (CPV)

II.1.6)

Contract covered by the government procurement agreement (GPA)

II.2)

Total final value of the contract(s)

II.2.1)

Total final value of the contract(s)

Section IV: Procedure

IV.1)

Type of procedure

IV.1.1)

Type of procedure

IV.2)

Award criteria

IV.2.1)

Award criteria

IV.2.2)

An electronic auction has been used

IV.3)

Administrative information

IV.3.1)

File reference number attributed by the contracting authority

OF344

IV.3.2)

Previous publication(s) concerning the same contract

Other previous publications

Section V: Award of contract

Contract No:

 Lot Number: 

 Title: 

V.1)

Date of contract award decision:

V.2)

Numbers of offers received:

V.3)

Name and address of economic operator to whom the contract has been awarded

V.4)

Information on value of contract

V.5)

The contract is likely to be subcontracted

Short description of the value/proportion of the contract to be subcontracted

Section VI: Complementary Information

VI.1)

Contract related to a project and/or programme financed by community funds?

VI.2)

Additional Information

(MT Ref:151370).

VI.3)

Procedures for appeal

VI.3.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.3.2)

Lodging of appeals

Within 10 days of publication of notice, no later than 13.4.2015.

VI.3.3)

Service from which information about the lodging of appeals may be obtained

VI.4)

Dispatch date of this Notice

Annex D1 – General procurement

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union (OJEU)
Directive 2004/18/EC

a) No tenders or no appropriate tenders in response to:

	Open procedure
	Restricted procedure

b) The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive (for supplies only).

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

	Technical
	Artistic
	Connected with the protection of exclusive rights

d) Extreme urgency brought about by events unforeseeable by the contracting authority and in accordance with the strict conditions stated in the Directive.

e) Additional works/deliveries/services are ordered under the strict conditions stated in the Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive.

g)Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

	from a supplier which is definitely winding up its business activities
	from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria.

Other justification for the award of the contract without prior publication of a contract notice in the OJEU:

k) The contract has as its object services listed in Annex B of Directive 2004/18/EC or in Annex XVII B of Directive 2004/17/EC

l) The contract falls outside the scope of application of the relevant directive.

In addition to the box(es) ticked above please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the OJEU is lawful, stating in any case the relevant facts, and, as appropriate, the conclusions of law in accordance with the articles in the relevant Directive (500 words maximum):

In concluding its procurement of an operator of the National Reference Tests (NRT) programme, Ofqual has invoked the negotiated procedure without prior publication of a contract notice in accordance with Regulation 14(1)(a)(ii), Public Contracts Regulations 2006 on the basis that:

(a) Ofqual failed to receive suitable tenders under the open procedure originally used for this procurement (OJEU reference 332246-2014 (2014/S 188-332246);

(b) Ofqual has invited to negotiate the contract the single economic operator which submitted a tender during the discontinued open procedure; and;

(c) Ofqual believes that the original terms of the proposed contract offered in the discontinued procedure have not been substantially altered in the negotiated procedure.

The alterations made to the terms of the original draft contract through recourse to the negotiated procedure without notice are summarised as follows:

1. The Supplier is no longer liable for the increase in costs should the precision of +/- 1.5 % not be achieved within the specified sample size. The Supplier is required to achieve a high level of precision with the aim of achieving a level of precision +/-1.5 %. If the Preliminary Reference Tests demonstrate that the precision level is not achievable with the specified sample size, Ofqual and the Supplier will agree whether any changes are required to the precision level and/or sample size in accordance with the change control procedure. Ofqual will bear the cost of any increase to the sample size;

2. The Supplier's liability in respect of claims arising out of/in connection with:

a. the Strategic Design Services and/or Detailed Design & Development Services, is capped at 125 % of the total charges paid/payable in respect of these Services; and

b. the Delivery Services, is limited to an annual cap of 125 % of the charges paid/payable in each 12 months in respect of the Delivery Services; and

c. any wilful default, wilful breach of a fundamental term or wilful repudiatory breach of the Agreement, is capped at 200 % (and not 125 %) of the relevant amount.

3. Amendment to the General Changes in Law provisions such that the Supplier is liable for each General Change in Law up to a limit of 20 000 GBP for the term of the Agreement. The Supplier can retain savings up to the sum of 20 000 GBP in the event that a General Change in Law results in cost reductions;

4. Amendment to the licensing of certain of the Supplier's intellectual property rights during the Term of the Agreement and any Termination Assistance Period with restrictions on rights to sub-license the same;

5. Addition of a new Milestone for an initial group of Test Items to be written during the Strategic Design Services.

6. Variations in charges which will apply if the Supplier is not required to develop the volume of re-fresh items that it proposed in its tender response.

7. The Supplier is to provide Ofqual with at least 2 years' prior written notice of its intention not to accept an offer to extend the Agreement for the 2 year period 2020-2022.