Description of how these justifications apply
The Northern Ireland Assembly Commission intend to directly award a contract under section 41(6) and Schedule 5 of the
Procurement Act 2023 (‘the 2023 Act’) and is therefore publishing this transparency notice.
Section 41 provides that a contracting authority may award a public contract
directly if a direct award justification applies. The direct award justifications are
set out in Schedule 5 and include:
• Prototypes and development – procuring a prototype or other novel
good or service with the contract limited to the early stages of design
and development
• Single suppliers – there are three sub-headings to this:
o Creation or acquisition of a unique work of art or artistic
performance
o Possession of intellectual property or other exclusive rights and
there are no reasonable alternatives
o Only a particular supplier can supply the goods, services or
works required due to an absence of competition for technical
reasons or there are no reasonable alternatives
• Additional or repeat goods, services or works – this is an award to an
existing supplier where there is a need to buy additional or partly
replace existing goods, services or works which are the same or
compatible with existing provisions. There is also provision in this
heading where provision was made in the original tender for
subsequent procurement by way of direct award, within 5 years of the
tender
• Purchase of commodities
• Advantageous terms on insolvency
• Urgency – where the goods, services or works are strictly necessary
for reasons of extreme and unavoidable urgency. The urgency is
unavoidable if it is not attributable to any act or omission of the
contracting authority, and could not have been foreseen by the
contracting authority. The Government guidance states that
unavoidable urgency does not include where there is not enough time
to undertake a re-procurement of a contract,
• User choice contracts – intended for contract such as for the provision
of personal care.
• Defence and security
The Northern Ireland Assembly Commission intend to proceed with this direct award on the basis of legal advice and Schedule 5 paragraph 7 of the Procurement Act 2023.
‘The public contract concerns the supply of goods, services or
works by the existing supplier which are intended as an
extension to, or partial replacement of, existing goods, services
or works in circumstances where—
(a) a change in supplier would result in the contracting
authority receiving goods, services or works that are
different from, or incompatible with, the existing goods,
services or works, and
(b) the difference or incompatibility would result in
disproportionate technical difficulties in operation or
maintenance.’