PURCHASING PROCEDURES - University of Central Lancashire

problems of incompatibility or disproportionate technical difficulties. Such extensions
may not, as a general rule, be for more than three years.
c) The goods are purchased on a commodity market.
d) The goods are being purchased on particularly advantageous terms because the supplier
is being wound up, is bankrupt or in receivership.
4.3.3 For public service contracts:
a) Where the contract follows a design contest and there is more than one successful
candidate. (Note that the Negotiated procedure cannot be used for a Works contract in
this manner.)
b) For insurance, banking and investment contracts, and intellectual services such as the
design of works, but only if the activities cannot be defined well enough for the Open
or Restricted Procedures to be used. The tender must be advertised in the OJEU.
4.3.4 For public works contracts:
Where the works are to be carried out solely for the purposes of research, testing or
development and not with the aim of ensuring profitability or recovering research and
development costs. The tender must be advertised in the OJEU.
4.3.5 For public works and public service contracts:
a) Additional works or services not included in the original contract where the need has
arisen through unforeseen circumstances, and where they cannot be technically or
economically separated from the original contract without major inconvenience to the
contracting authority, or where they are necessary for completion of the contract.
However, the Negotiated procedure cannot be used where the aggregate value of the
additional works or services exceeds 50% of the value of the original contract.
b) Where new works and services which repeat the initial contract are being carried out
by the same supplier, providing the original contract was awarded through the Open or
Restricted Procedure, and the original advertisement mentioned the possibility of
additional requirements. However this procedure may only be used during the three
years following the end of the original contract.
Note: A contract award notice must be published for every case where the Negotiated Procedure is
used regardless of whether the tender exercise was advertised or not. It is advisable to hold a report
on file should information be requested by HM Treasury on behalf of the European Commission.
4.4 Competitive Dialogue Procedure
This procedure is suitable only for particularly complex contracts, for example Public
Private Partnership (Private Finance Initiative) contracts where the contracting authority is
unable to specify its requirements at the outset without entering into detailed discussions
with potential suppliers. The aim of the discussions is to identify and compare possible
solutions before requesting final tenders.
Purchasing Procedures December 2011