OJEU Notice

Purpose:

Notices (often referred to as Advertisements) placed in the Official Journal of the European Communities (OJEU) are the official means of information delivery concerning the progress of a particular competitive procurement (usually over the relevant EC threshold, but not always) to the European public at large. It is essential that the department thinks through the implications of its requirements very carefully before placing an advertisement inviting the market to respond.

Fitness for purpose checklist:

• Is the requirement described in a way that will encourage the best response from the market?
• Is the requirement unique to the contracting authority?
  • In which case it should be let in the name of the contracting authority only
• Is the requirement generic and are other contracting authorities likely to share in the requirement?
• The OJEU notice should make it clear when the contracting authority is acting as a central purchasing body on behalf of other public sector organsiations. A generic description of these bodies can be used, but classes of contracting authority must be defined so as to enable immediate identifcation of the contracting authorities concerned. If there is a relevant accessible list of all the bodies in a given class e.g. http://www.opsi.gov.uk/si/si2006/20060005.htm and http://www.civil-service.co.uk/content/chapter/lists/14744-2.asp this may be quoted.
• Is this a framework arrangement?
• See also Guidance on Framework Agreements which sets out guidelines about how and when it can be stated in an OJEU that other contracting authorities can obtain goods/services under the framework/contract.
• Have future requirements been considered?
  • What is a reasonable total value for the goods, services or works to be procured?
  • Is it possible to indicate the frequency of purchase?
• Is the scope sufficiently broad, to encourage innovation
• Is the proposed timeframe realistic
• Have the rights to run an e-auction been reserved (see OGC Guidance on Electronic Auctions).
• Have the rights been reserved to add the contract to an electronic market place and purchase to pay solutions?

Suggested content

• Notices are public announcements about key stages in the procurement lifecycle; the most common are as follows:
  • Prior Information Notices (PINs); [sometimes referred to as a Request for Information (RFI)
  • Notices calling for requests from Providers to participate in a procurement [these are also called Contract Notices] which can be, depending upon the Award Procedure selected, an Open Procedure, a Restricted Procedure, Competitive Dialogue Procedure a Negotiated Procedure. It is also possible to have a Design Contest Notice, which is not classed as a Contract Notice, but has the same purpose.
  • Notices announcing the winner(s) of a procurement, a Contract Award Notice, or a Design Contest Result Notice.
  • Notices announcing the cancellation or termination of a procurement, where an award of contract has not been made.
• The following are given as examplesof content to consider where a generic requirement exists; but it remains for the contracting authority to seek independant legal advice on the suitability of the wording used in an OJEU notice. The numbering system relates to that of Standard Form 2-EN.
  • Under section l.2 tick the 'yes' box if the contracting authority is purchasing on behalf of other contracting authorities
  • When appropriate under secon ll.1.3 tick the box saying that this notice involves the establishment of a framework
  • Under section ll.1.5 "A short description of the contract or purchase(s)", a paragraph could be added stating for example, but only if this is the intent
    • "For the purpose of this contract notice and any subsequent contracts arising from it, the contracting authority will act as a central purchasing body. Any other UK contracting authority as defined in Directive 2004/18/EC shall be able to use the contract(s). The wording of this paragraph needs to be considered very carefully - not every contract will be suitable for the use of all contracting authorities in practice, and the scope of the types of contracting authorities that are likely to use agreements have to be considered in advance and clearly identified in the contract notice.
  • Under section ll.2.1 on total quantity or scope
    • "While the contracting authority cannot guarantee volumes..."or
    • "For illustrative purposes only..."
    • "It is estimated that the total potential value for orders could be between...over the contract term". This should include realistic estimates of the total volume and values.
  • Under procedure
    • Where appropriate the contracting authority should reserve the right to conduct a reverse e-auction during the procurement process - see guidance on the use of e-auctions above.

Notices which are not submitted electronically have a maximum length of not more than 650 words.

For further information see OGC Guidance on EU Procurement at: http://www.ogc.gov.uk/documents/Introduction_to_the_EU_rules.pdf

Source information:

The business case for the project brief/project execution plan. 

Notes:

The OJEU advertisement for the requirement is the public announcement of departmental plans. It must reflect business needs and priorities, it must achieve a realistic balance between a scope that is wide enough to encourage innovation and a statement of business need to which the market can make a meaningful response; and it must specify achievable timeframes within EU Procurement rules. The OJEU notice must provide a clear linkage between the business strategy and the intended outcomes to support key business objectives.

Further information:

• Briefing on procurement and risk management; Introduction to the EC Procurement Rules;. Achieving Excellence Guides.

More detailed guidance in Guide to the Appointment of consultants and contractors.