Call-off guidance

Find clear guidance on calling off from NHS LPP agreements, including when to award with or without competition and the key steps required under the relevant procurement regulations.

Award without Competition

Under PCR2015 this is referred to as ‘direct award’. Under PA23 this is now referred to as ‘awarding without competition.’ Awarding without competition is when you place an order directly without entering a competitive tender process. You can only use this method if:

  • the agreement allows this call off method
  • your organisation’s internal policy allows you to buy through award without competition
  • the framework terms and specification are precise enough to meet your needs and provide the best value (this wouldn’t be suitable for a large or complex requirement or if you are not able to distinguish the most suitable supplier for your needs)
  • you can identify a top ranked supplier that meets your needs and requirements.

Following supplier selection, you should adhere to the processes outlined under the procurement regulation that the framework agreement was created under. For example, under PA23, buyers should publish a transparency notice, informing the market of your intent and justification for skipping competition. Following this notice, an eight-day standstill period should be observed, then a contract details notice should be published after entering into the contract.

Award with Competition

Under PCR2015, this was referred to as ‘further’ or ‘mini’ competition. Under PA23 this is referred to as ‘award with competition’. This is a procurement process where you invite all eligible suppliers listed under a framework or lot to bid for a contract. You then evaluate those bids to determine the ‘most advantageous tender’. Buyers should refer to the buyer’s User Guide to understand specific rules that should be observed with regard to selection criteria prior to going out to market. Within the PA23 regime you should be publishing the following notices:

Planned Procurement notice (optional): This alerts market to an upcoming opportunity.

Preliminary Market Engagement Notice (optional): Informs suppliers that market consultation is occurring before the actual tender.

Tender Notice: The formal call for competition detailing the requirements, criteria, and deadlines.

Contract Award Notice: Announcing the winning bidder and triggering the mandatory minimum standstill (typically eight working days) to allow for challenges.

Contract Details Notice: The final publication of the signed contract.