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So could we see rns and contract not published for a month or so. I'm saying this as a positive
“Does publishing tender / contract details mean the supplier wasn't told in time. I've seen plenty of late publishing where supplier must have been aware.”
No. The requirement to publish is triggered by the selected supplier being told they’re going to be awarded a contract.
“Therefore could we see an rns even if contract details aren't published”
If the contract were material and an RNS required, then you could expect to see an RNS before the purchasing organisation published the Contract Award Notice.
Well yesterday an air freight one was published from December.... you'd imagine Virgin were told of the outcome back then. So only publishing is late. Not suppliers notification.... therefore we could see rns well before the tender outcome details are actually published
Does publishing tender / contract details mean the supplier wasn't told in time. I've seen plenty of late publishing where supplier must have been aware. Therefore could we see an rns even if contract details aren't published
"So you are saying Walbrook are wrong about 30 days but it’s a mute point because the government aren’t bothering to follow legal procedure and disclose contract details within the timeframes stipulated (whether it is 20 or 30 days) anyway. Correct?"
Basically, yes. It is something of a moot point. But we know some people will use the failure of DHSC to publish the CAN:
(a) on time; and,
(b) with the correct level of detail
to try and bash ODX (we all know who they'll be). Hence me emphasising that I wouldn't read anything in to it. This is DHSC's failing - not ODX's.
"Is there anything preventing ODX publishing it?"
ODX cannot publish the Contract Award Notice. That has to be done by the purchasing organisation.
Is there anything preventing ODX publishing it?
It's also worth noting that the onus is on the central government department/ALB to publish the CAN - not ODX.
Thanks again for the clarity Regulator..
If anyone doubts maybe they should stop being LAzy and check the gov website or google..
"Why are Walbrook agreeing to 30 days ?"
Probably because they're going on what's in the media. This stuff is my day job.
You can find the Government's guidance on the "Publication of Central Government Tenders and Contracts" here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/666728/Guidance_Publication_of_New_Central_Government_Tender_documents__and_Contracts_2017__1___1_.pdf
Section 9.1 is the relevant section. This place a greater burden on central government functions than the Public Contracts Regulations 2015.
The reality is that we know DHSC and associated bodies are continuing to fail to publish Contract Award Notices in line with the guidance (and the law) and that what is being published is often inconsistent with the transparency required. Hence why I wouldn't read anything into a CAN not being published by the correct deadline (or even the one next week)
"This is just an amuse bouche..... the main course is coming..... latest next week according to Govt Contract transparency rules...
https://twitter.com/MartinWillock/status/1366714069936459778?s=19 "
Actually, if the contract was awarded on 11 February, when ODX RNSed it, then the Contract Award Notice should be published tomorrow, as it wasn't subject to competitive procurement with a standstill period. In such cases it's 20 days from contract award rather than 30 days.
This is just an amuse bouche..... the main course is coming..... latest next week according to Govt Contract transparency rules...
https://twitter.com/MartinWillock/status/1366714069936459778?s=19