Hi - we have used all of our housing matter starts up already as we were allocated 1/7 of our nominal allocation in the family/housing tender due to a reduction in matter starts on offer in our procurement area [by about 1/3] and an increase in the number of firms which meant that everyone got the minimum [including a firm who had already been allocated a number under the swl contract but decided they wanted more - this was allowed under the contract]. We requested they provide us with supplementary matter starts. The LSC refused saying "Analysis of matters start data for ..... shows that we currently have sufficient provision to cover the anticipated need in the PA". We will request a formal review under the contract - any help would be appreciated however.
Post by Patrick Torsney on Mar 29, 2012 11:18:26 GMT
The LSC is most afraid of legal action, particularly in terms of procurement law, and this is generally what stays their hand in reallocating additional starts. They feel they can only do so, without laying themselves open to challenge, when to not do so would mean serious or no provision in an area
A review is your best option as it does give the LSC the opportunity to cover its back somewhat should it agree to allocate you more. It would also be useful to know the situation with the other firms/organisations - are they actually using their allocations? Have they also asked for more (assuming they are running out or have run out)? Are there any geographical issues within the PA that would play to your hand?
You might also mention to them that the allocation to the firm already holding NMS via a different contract, albeit under procurement law itself, may itself be challengeable if it has meant that less NMS is available for you - that the 'doubling up' of contracts is itself iniquitous and should have been accounted for in the original tender
