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AOF Commercial Toolkit

Commercial Guidance for the UK MOD Defence Acquisition Community

version 2.10.9 - August 2010

Content

Tender - Award and Debrief

This page is an extract from the full topic guidance on Tender – Award and Debrief [66KB PDF]. It details any Constraints associated with tender award and debrief, provides a summary of the Authoritative Guidance and lists any essential reading, further reading or associated documents.

If you have any queries on this topic, please contact the Sponsor by email: DGDC CS-2C-1.

Constraints

The European Community (EC) Public Procurement Regulations apply to Ministry of Defence (MOD) contracts unless the nature of the work qualifies for an exemption. Reference must be made to the EC Public Procurement Regulations topic for detailed guidance on the mandatory procedures to be followed.

Authoritative Guidance Summary

Specific tendering procedures apply to United States of America (USA) procurements and reference must be made to the Procurement From The USA topic for detailed guidance.

The communication of the acceptance of a tender by MOD will create a legally binding contract and must be undertaken only by the commercial officer holding the appropriate Commercial Licence.

Tenders not accepted, including those judged as unrealistically low prices, should be declined as soon as possible in a courteous, conciliatory and constructive manner. In some cases it may be better that the decision is communicated verbally at an appropriate senior level before the formal decline letter is despatched.

Where MOD has eliminated a tenderer through down selection procedures the tenderer should be given an explanation in headline terms only with no supporting detail. The latter can only be provided after tender award.

It is MOD policy to debrief unsuccessful tenderers on request. As a general rule it should not be undertaken before the contract has been awarded and all unsuccessful tenderers informed. Detailed guidance on debriefing is provided under Authoritative Guidance.

On requirements valued below 10M (Value Added Tax (VAT) inclusive) MOD will on request, reveal to the successful tenderer the 'approximate' margin between his price and the price tendered by the runner-up. For requirements valued above 10M (VAT inclusive) the authority of the appropriate Director Commercial must be obtained first. Apart from the price differential no other information is to be given to the successful tenderer.

Associated Documents

Annex A - Draft Tender Decline Letters For Over and Under £5M [28KB PDF]

Essential Reading

EC Public Procurement Regulations topic

Procurement From The USA topic

Advertising topic

Tender - Preparation topic (for more detailed guidance on down selection)

Prime Contracting topic

Pricing - Team Approach topic

Pricing - CAAS Estimates topic

Tender Assessment topic

Further Reading

Advertising topic

Tender - Assessment topic

Change History

Change History

1 May 2009
Change to Sponsor title from DCD-DCS2-AD3.
1 May 2008
Annex A removed from main document, and stored as word format download.
1 March 2008
References to AMS topics removed.
1 May 2007
Change to Sponsor title from CSG-PCA.