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These Regulations mandate use of performance requirements or functionality and reference to relevant European Standards when specifying. There are also conditions relating to evaluation of tenders for compliance with the technical specifications and transparency. These conditions are intended to encourage competition and more cost effective and innovative products or services. The previous Regulations (1996) were superseded on 31st January 2006 by new Regulations incorporating directive 2004/17/EC*, 31 March 2004.
Failure to follow the conditions imposed by the latest procurement regulations, where applicable, could lead to a legal challenge to award of the contract. The consequences to a project will be delay and diversion of technical resources into extra non productive work. There can also be a loss to suppliers and contractors where their products or services are rejected because they do not satisfy specified prescriptive requirements or preference engineering, which are of dubious legality.
It is possible to go too far in the specification and, although satisfying the Regulations and EU procurement directives, end up with an unsuitable product or service because requirements are open to wide subjective interpretation.
These are lose-lose situations arising initially from poorly drafted invitations to tender or requests for proposals, particularly the technical documentation, and subsequent improper evaluation of tenderers’ responses or incorrect supply.
We bring to the demanding task of preparing suitable technical specifications and then supporting you at every stage throughout the procurement process:
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Understanding of the Utility Contracts Regulations 1996 and 2006
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In-depth knowledge of a.c. and d.c. railway electrification and traction power supply equipment
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Expertise at technical writing
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Up to date knowledge of relevant European Standards
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A strong commitment to getting the details right |
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We are reviewing and developing specifications and associated technical documents every day. During tender evaluation we can advise on the acceptability of equivalent technical proposals ensuring that these fully match your requirements whilst achieving compliance with the Regulations.
If you are a contractor or supplier tendering for work which has been the subject of a notice in the European Journal we can help. We can advise where specified requirements are too prescriptive to comply with the current Regulations and how you can propose an alternative technical solution.
* Co-ordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors - European Parliament and Council.
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Green Leader Limited is a registered company in Cardiff, England and Wales No:2543174
Registered Office: 21 Foxmoor Close, Oakley, Basingstoke, Hampshire RG23 7BQ, United Kingdom |
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