If there are several members in a consortia bid and one or more are not successful, what happens to the remaining members, for example are they invited to bid for those NMS or does the entire bid fail.
Post by Patrick Torsney on Jul 29, 2009 12:40:08 GMT
Hi Moya (and welcome to the forum!)
I can't see anything in the Q&A or the consortia guidance that specifically addresses this; only what might happen if after a successful consortia bid one member dropped out for some reason (possible novation etc)
My feeling (and this is all it is) is that the bid would fail, as it would presumably be based on the fact that the only reason that there was a consortia is that the providers came together to be able to perform all 3 of the categories (presuming of course you are talking about a Debt/Housing/WB bid) whereas alone they would be unable to
I do not think the LSC would be able, under procurement law, to allow a further bid from those non-failing members as, ability to meet the essential criteria and subject range aside, this would presumably be outside the bidding time-table and so unable to be considered. As to whether individual members could make an 'either or' individual bid at the time of the initial joint/consortia bid, I don't know
It's a massively important issue and an important question so why not see what the LSC say about it? They are fielding questions like this as part of the ongoing Q&A process that is being updated each week (or thereabouts). It's important for everyone to give them these questions as they set out the legal agenda and the playing field for everyone
Post by StephenMichael on Jul 30, 2009 11:01:07 GMT
Having given this issue some seriuos consideration, I don't see how trhe LSC can forbid an organisation bidding as part of a "consortia" to obtain a separate but linked contract, whilst at the same time bidding for a stand alone contract(s) including all 3 categories. Surely EU procurment law would have to allow this because it is all about openness and fairness.
What does concern me though is what would happen if the failed consortis bidder appeals. What happens to the available matter starts whilst the appeals processis carried through. What then happens to the matter starts if the appeal is either successful or unsuccessful. Is there enough time from being refused a contract, and April 2010 contract start for the appeal to be heard. What happens to the staff? etc etc
Post by Patrick Torsney on Jul 31, 2009 7:13:14 GMT
The LSC has said that it will give at least 3 months notice of whether a bidder has been successful or unsuccessful (Q&A question 4.10) so presumably this is to allow any appeals etc
Steve, re: your question - can you ask the Civil Reform Team about the NMS in question etc and the appeal process and how they envisage dealing with appeals like this, it would be really useful to get this into the Q&A? I can't see it anywhere else in the docs on a quick look through
The LSC has answered the question on whether you can bid as part of a consortia and at the same time, as a single legal entity:
Q: 6.15 Can you be a consortium and put in a separate bid?
A: If you have submitted a bid to be part of a consortium bid, it will not be possible to submit a bid for the same work as a single legal entity.