It’s been a while since I posted and the world is operating under a new normal while we remain in lockdown. Below is a simple reminder of what we can do during the Coronavirus Covid 19 outbreak.
Here are the procurement regulations that we should be aware off during the Covid 19 coronavirus lockdown
Regulation 32 allows a direct award of a contract without publication (a direct award) when for “reasons of extreme urgency brought about by events unforeseeable by the contracting authority” there is not enough time to undertake one of the procedures under the PCR.
Regulation 72 (1) (e) provides that modifications that do not amount to substantial modifications (as defined in regulation 72 (8)) will be permitted.
Regulation 72 (1) (a) allows modification made by way of a clear and unequivocal review clause.
Regulation 72 (1) (b) allows modifications to accommodate additional works, services or supplies by the original contractor, which have become necessary but were not included in the initial procurement, where a change of contractor, can’t be made for economic or technical reasons, would cause significant inconvenience and substantial duplication of costs for the contracting authority and any increase in price must also not exceed 50% of the value of the original contract.
Regulation 72 (1) (c) allows a modification to an above threshold contract where the need for the modification has been brought about by circumstances which a diligent contracting authority could not have foreseen; the modification does not alter the overall nature of the contract and the price increase does not exceed 50% of the value of the original contract or framework agreement.
Regulation 72 (5) also allows for minor changes i.e. below threshold and 10% of contract value (goods and services) or 15% (works).
Gov PPN Notice
Covid 19 or the Coronavirus pandemic could be described as a black swan