Using the EV DPS to procure regulated Concession Contracts
Question 1. What is a regulated Concession contract?
A regulated concession contract is a contract that meets the definition under regulation 3 of the Concession Contracts Regulation 2016 and has a total turnover over the lifetime of the contract in excess of £5,372,609 (inc. VAT).
Question 2. Can a framework or dynamic purchasing system (such as the EV DPS) be used to procure a regulated concession contract?
Discussions involving legal representatives are ongoing to identify a common legal understanding on this. Regrettably, until Oxford City Council have further guidance from Government regulated concession contracts will not be permitted through the EV DPS. and
You are strongly advised to seek legal advice before using any alternative framework or DPS.
Unregulated concession contracts and other contract types are unaffected and can still be procured through the EV DPS.
Question 3. Can we use the EV DPS to run a procurement which is above the regulated value which results in the award of 2 or more contracts that are each below the regulated value?
Yes.
The value for a regulated concession contract is based on the total contract value of each contract awarded, not on the procurement value. However, you will need to take your own legal advice to ensure there is no artificial splitting of the contracts.
E.g., if a consortium of LAs are running a tender process with a value exceeding the threshold value but require a separate contract with each authority in the consortium, where these contracts are below the threshold, then these are unregulated concession contracts and therefore the DPS is a valid route to procure.
Question 4. Can a concession contract with a total value below £5,372,609 (inc. VAT) be procured through the EV DPS?
Yes.
Concession contracts with a total value below £5,372,609 (inc. VAT) are unregulated and can be procured through the EV DPS. Although we recommend seeking legal advice before starting any procurement.
Question 5. Is it permitted to use the EV DPS template documents for a procurement outside of the EV DPS?
No.
As stated in the EV DPS Access Agreement, all organisations with access to the EV DPS template documents have agreed to only use EV DPS documents for procurements run through the EV DPS.
Question 6. How should total contract value be calculated to determine if our procurement is in excess of £5,372,609 (inc. VAT)?
For concession contracts the value is the total turnover over the lifetime of the contract. Cenex provide three methodologies to calculate contract value via the NEVIS tool:
Valuing a Contract - National EV Insight and Support.
Question 7. When will regulated concession contracts be permitted through the EV DPS?
As discussions involving legal representatives are still ongoing, we are unsure when we will have further guidance from government. We will keep our members updated via email, the EV DPS newsletter, and this website with developments. To be added to our mailing list please send a signed Access Agreement to dps@oxford.gov.uk.
Question 8. Can Oxford City Council share the legal advice they have received regarding using a framework or DPS to procure regulated concession contracts?
We cannot offer any legal advice; however, we would suggest you refer to the relevant legislation set out in Concession Contract Regulations 2016 for above threshold concession contracts and public contract regulations for all other tenders including below threshold (£5,372,609 (inc. VAT)) concession contracts.
General
Question 9. Who can use the DPS?
The Dynamic Purchasing System (DPS) is available for use by all UK Public Sector Bodies, including but not limited to: local authorities, health, police, fire and rescue, education and devolved administrations - more information on the GOV.UK website.
Question 10. Can a direct award be made under the DPS?
No, direct award cannot be made under the DPS as per the Public Contract Regulations 2015.
Question 11. How do I register as a buyer?
Please complete an Access Agreement. Once signed by the OCC procurement team, you will be able to access all that the DPS has to offer.
Question 12. Does Oxford City Council charge the buyer a commission for using the EV DPS?
No, commission is not charged to the buyer. A supplier rebate is applied.
Question 13. How do we encourage suppliers to join the EV DPS?
Suppliers can register to join the EV DPS on the In-Tend portal website.
Question 14. Are the number of suppliers which can join the EV DPS restricted?
No, under the Public Contract Regulations 2015 supplier numbers cannot be restricted under a DPS.
Question 15. Can buyers determine their own specification, evaluation and contract terms?
Yes, buyers can formulate their own specification and how they wish to evaluate responses. Whilst the DPS Umbrella Contract contains the main terms, you may wish to agree additional contract terms to fully meet your organisation’s requirements.
Question 16. Do I need to publish my contract award?
Yes - responsibility for publication of contract award remains with the buyer.
Question 17. Will the EV DPS support Small and medium-sized enterprises and social value?
Absolutely. The nature of a DPS with its electronic, standardised approach to selection and always open status, supports Small and medium-sized enterprises participation. Social value can be included in the Further Competition.
Support
Question 18. I have never run a tender before, is it a difficult process using the DPS?
No, we have templates to guide you through the process. The key information you need to determine at the outset is what exactly are you aiming to procure and which Lot(s) best fit with your requirement.
Question 19. Are there template documents for me to use?
The EV DPS tender pack includes templates that can be used to run a Further Competition process through to Award. To access these, please send a signed Access Agreement to dps@oxford.gov.uk.
Duration
Question 20. Will there be lengthy legal processes I need to undertake?
No, the EV DPS has carried out a comprehensive and independent legal review of all the clauses in the Umbrella Contract with a specialist Electric Vehicle and Infrastructure firm specialising in procurement contracts. We advise you seek legal guidance before starting any procurement.
Question 21. How long does it take to run a Further Competition?
Under the Public Contract Regulations 2015, the minimum time to run a Further Competition is 10 days, with no maximum defined.
Question 22. How long will the EV DPS operate for?
The EV DPS has initially been let for a four-year period, running to 31 August 2025. The DPS will be reviewed to ensure it remains fit for purpose and can be extended, shortened or terminated in accordance with the Public Contract Regulations 2015. This provides useful flexibility should the authority’s circumstances change, or developments in technology and markets mean the EV DPS as originally set-up is no longer fit for purpose.
Question 23. Can individual contracts 'overhang' the duration of the DPS itself?
Contracts can last for as long as is reasonable in the context of the market, without distorting competition and can go beyond the term of the EV DPS itself.
Contact Us
For any further queries please email dps@oxford.gov.uk.
