The Quality Contracts Schemes (Tendering Requirements) (England) Regulations 2009

• Citation: S.I. 2009/3244
• Sections: 18

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Quality Contracts Schemes (Tendering Requirements) (England) Regulations 2009 and come into force on 11th January 2010.

(2) These Regulations apply as respects schemes which relate to areas in England only .

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Transport Act 2000;

“the 1985 Act ” means the Transport Act 1985 ;

“ authority ” means a local transport authority in England or, where that authority is an Integrated Transport Authority, it means the Passenger Transport Executive for the relevant integrated transport area ; and

“scheme” means a quality contracts scheme .

Section 3 Agreements to which section 89(1) of the 1985 Act does not apply

(1) Section 89(1) of the 1985 Act (obligation to invite tenders for subsidised services) does not apply to an agreement providing for service subsidies made by an authority in the circumstances described in paragraph (2).

(2) The circumstances are that—

(a) a scheme has been made, under which local services the same as or similar to those specified in an agreement providing for service subsidies would, on the coming into force of the relevant part of the scheme, be required to be provided under a quality contract;

(b) a local service provided under an agreement described in sub-paragraph (a) is due, in accordance with the terms of the agreement, to cease to operate no more than twelve months before the coming into force of the relevant quality contract;

(c) the authority is of the opinion that it is necessary to enter into a further agreement providing for service subsidies in order to secure the provision of a local service to replace the service described in sub-paragraph (b);

(d) section 89(1) of the 1985 Act would, but for this regulation, apply to the agreement providing for service subsidies described in sub-paragraph (c); and

(e) the authority is of the opinion that, in the particular circumstances of the case, making an agreement providing for service subsidies without satisfying the requirement specified in section 89(1) of the 1985 Act is the most economic, efficient and effective way to secure the service to be provided under the agreement.

(3) For the purposes of this regulation an agreement providing for service subsidies is an agreement under which a person undertakes to provide a local service on terms which include provision for the making of payments to that person by the authority.

Section 4 Agreements to which section 91(3) and (4) of the 1985 Act does not apply

(1) Section 91(3) (duty to invite tenders following making of emergency service subsidy agreement) and section 91(4) of the 1985 Act (limit on duration of emergency service subsidy agreement) do not apply to an emergency service subsidy agreement made by an authority in the circumstances described in paragraph (2).

(2) The circumstances are that—

(a) a scheme has been made, under which local services the same as or similar to those specified in the emergency service subsidy agreement would, on the coming into force of the relevant part of the scheme, be required to be provided under a quality contract;

(b) the scheme or (in the case of a scheme which provides for different provisions to come into operation on different dates) the provision of the scheme which would require the services described in sub-paragraph (a) to be provided under a quality contract is due to come into force not later than twelve months after the date on which services are first provided under the emergency service subsidy agreement; and

(c) the authority is of the opinion that, in the particular circumstances of the case, making an emergency service subsidy agreement without satisfying the requirements specified in section 91(3) and (4) of the 1985 Act is the most economic, efficient and effective way to secure the services to be provided under that agreement.

(3) For the purposes of this regulation “emergency service subsidy agreement” means an agreement under which a person undertakes to provide a local service on terms which include provision for the making of payments to that person by the authority and to which, by virtue of section 91(2) of the 1985 Act (exceptions from section 89(1)), section 89(1) of that Act does not apply .

Section 5 Further exception from requirement to tender for quality contracts

(1) Section 130 of the Act does not apply in any case where the authority or authorities have issued invitations to tender in accordance with section 130 of the Act (tendering for quality contracts) and either no tender, or no acceptable tender, is submitted in response to the invitation.

(2) The maximum duration of a quality contract entered into in the circumstances described in paragraph (1) is two years, commencing with the day on which services are first provided under the quality contract.

Section 6 Quality contracts entered into without inviting tenders

(1) If an authority or authorities enter into a quality contract without inviting tenders under section 130 of the Act, in the circumstances described in section 131(1) of the Act, the authority or authorities must invite tenders in accordance with section 130 of the Act for the provision of the services to which the quality contract relates as soon as reasonably practicable after the contract is entered into.

(2) The maximum duration of a quality contract entered into without inviting tenders under section 130 of the Act, in the circumstances described in section 131(1) of the Act (exceptions from section 130), is twelve months commencing with the day on which services are first provided under the quality contract.

Section 7 Publication of information about tenders and quality contracts

(1) If an authority or authorities enter into a quality contract by accepting a tender invited in accordance with section 130 of the Act the authority or authorities must publish, in the manner prescribed in regulation 8, the information specified in Part 1 of the Schedule.

(2) If an authority or authorities enter into a quality contract without inviting tenders in accordance with section 130 of the Act in the circumstances described in section 131(1) of the Act the authority or authorities must publish, in the manner prescribed in regulation 8, the information specified in Part 2 of the Schedule.

(3) If an authority or authorities enter into a quality contract without accepting a tender invited in accordance with section 130 of the Act in the circumstances described in regulation 5 the authority or authorities must publish, in the manner prescribed in regulation 8, the information specified in paragraph (4) or, as the case may be, paragraph (5).

(4) Where no tender was submitted, the information is—

(a) a statement that no tender was submitted; and

(b) the information specified in Part 2 of the Schedule.

(5) Where no acceptable tender was submitted, the information is—

(a) the information specified in Parts 2 and 3 of the Schedule; and

(b) a statement of the reasons why the authority or authorities considered the tenders submitted to be unacceptable.

(6) If an authority or authorities, having issued invitations to tender in accordance with section 130 of the Act, do not enter into a quality contract the authority or authorities must publish, in the manner prescribed in regulation 8, the information specified in paragraph (7) or, as the case may be, paragraph (8).

(7) Where no tender was submitted, the information is a statement of that fact.

(8) Where no acceptable tender was submitted, the information is—

(a) the information specified in Part 3 of the Schedule; and

(b) a statement of the reasons why the authority or authorities considered the tenders submitted to be unacceptable.

Section 8 Manner of publication of information

In fulfilling the obligations prescribed in regulation 7 the authority or authorities must—

(a) publish the information in such manner as appears to the authority or authorities to be convenient to operators of local services and other interested parties; and

(b) give notice in at least one newspaper circulating in the area or areas to which the scheme relates of the availability of the information and where or how it may be inspected or obtained.

Section 9 European procurement regulations

Nothing in these Regulations affects any obligations arising under or pursuant to the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006 .

Section 1

(1) The name of the successful tenderer as it appears on—

(a) any PSV operator’s licence held by the successful tenderer; or

(b) any permit granted to the successful tenderer under section 22 of the 1985 Act (community bus permits).

(2) Where different from the information specified by virtue of sub-paragraph (1), the name under which the successful tenderer trades.

Section 2

(1) The amount of the successful tender.

(2) Where applicable, the aggregate amount of payments to be made by the authority or, as the case may be, the successful tenderer during the period of twelve months commencing with the date on which services are first provided under the quality contract.

Section 3

The number of tenders received by the authority in response to the invitation issued in accordance with section 130 of the Act.

Section 4

(1) The amounts of the highest and lowest tenders received.

(2) The aggregate amount of payments which would have been payable by the authority or, as the case may be, the tenderer during the period of twelve months commencing with the date on which services would have first been provided under the quality contract had the highest or the lowest tenders been accepted.

(3) Where tenders were invited on more than one basis, a summary of each basis on which tenders were invited and—

(a) where more than one tender was received on any such basis, the amounts (expressed in the manner described in sub-paragraph (2)) of the highest and lowest tenders; or

(b) where only one tender was received on any such basis, the amount (expressed in the manner described in sub-paragraph (2)) of that tender.

(4) An authority is not required to publish information under this paragraph if the same information is also required to be published under paragraph 2 of this Part.

Section 5

For the purposes of paragraphs 2(2) and 4(2) the aggregate amount of payments includes provision for the payment of any specific amount dependent on a contingency.

Section 6

(1) The name of the person with whom the quality contract has been entered into as it appears on—

(a) any PSV operator’s licence held by the person; or

(b) any permit granted to the person under section 22 of the 1985 Act.

(2) Where different from the information specified by virtue of sub-paragraph (1), the name under which the person trades.

Section 7

(1) The amount of the quality contract.

(2) Where applicable, the aggregate amount of payments (including provision for the payment of any specific amount dependent on a contingency) to be made by the authority or, as the case may be, the person with whom the quality contract has been entered into during the period of twelve months commencing with the date on which services are first provided under the quality contract.

Section 8

The number of tenders received.

Section 9

(1) The amount of the tender (if only one) or amounts (if more than one) of the highest and lowest tenders received.

(2) The aggregate amount of payments (including where appropriate the payment of any specific amount dependent on a contingency) which would have been payable by the authority or, as the case may be, the tenderer during the period of 12 months commencing with the date on which services would have first been provided under the quality contract had the tender or, as the case may be, the highest or the lowest tenders, been accepted.

(3) Where tenders were invited on more than one basis, a summary of each basis on which tenders were invited and—

(a) where more than one tender was received on any such basis, the amounts (expressed in the manner described in sub-paragraph (2)) of the highest and lowest tenders; or

(b) where only one tender was received on any such basis, the amount (expressed in the manner described in sub-paragraph (2)) of that tender.