Guidance

Public Review and National Rolling Open Market Review Disagreement Resolution Process

Updated 18 December 2023

National Competence Centre Process for Resolution of Disagreements Between BDUK and Network Providers in relation to BDUK Subsidy Control Determinations through the National Rolling Open Market Review and Public Review Processes

The role of the National Competence Centre (NCC) is described in the Gigabit Infrastructure Scheme Detailed Overview document, available on the DCMS website. This is given below for ease of reference:

5.1. Project Gigabit is to be operated and monitored by Building Digital UK (BDUK), which acts in this context as the national competence centre (NCC). The NCC’s responsibilities include: (i) the central coordination of Subsidy Control aspects of the Gigabit Infrastructure Subsidy scheme; (ii) acting as a conduit for, and assurance of the use of, central Programme funds; (iii) acting as an assurance function for compliance with subsidy control requirements, whether projects are delivered by BDUK or any other bodies; and (iv) providing support, guidance, information sharing and toolkits for BDUK and any implementing bodies, such as the devolved administrations.

5.2. For the Gigabit Infrastructure Subsidy scheme, the intention is for BDUK to direct resources for qualifying projects, so it will ensure that the NCC operates in a functionally separate capacity within BDUK in making its assessments (BDUK will operate the NCC as a separate team from those responsible for running the procurements).

The Detailed Overview document goes on to describe the Public Review (PR) process (Section 8.2), as well as the NCC’s role in resolving any disagreements:

8.2.6. In the event of any disagreement with a network provider, the implementing body, which will usually be BDUK, will inform the NCC who will seek to resolve the matter as part of its role as scheme administrator.

Since the latest publication of this document in January 2023, BDUK has decided to allow dispute resolution for the National Rolling Open Market Review (NR OMR) due to the NR OMR’s importance in ensuring that all data used for GIS is as up to date as possible. The NR OMR is described in greater detail in Section 2 of the OMR/PR Subsidy Control Classification Guidance. The NCC’s role in NR OMR dispute resolution matches that for PRs.

This document describes the process which the NCC will take to discharge these responsibilities, and must be made available to all network providers (NPs) who participate in a PR or NR OMR. It is recognised that the NCC will generally have had involvement in the Assurance process for the particular PR or NR OMR in question, and so we will ensure that the personnel involved in this process are not those who undertook the Assurance.

This is an informal review process and does not affect any rights a network provider (NP) may have to seek other redress. It deals only with disagreements over the Subsidy Control determination of premises as Gigabit white or under review as a result of BDUK’s (or other implementing bodies) PR  and NR OMR evaluation activities and not on other related activities such as the formation of the Intervention Area.  All NCC considerations will be made in the context of the published guidance. If an NP enters into this process, they can withdraw at any point. It should be noted that the overall PR or NR OMR outcome, along with any concomitant activities such as formation of Intervention Areas, will be conditional until this process has been concluded, meaning that Invitations to Tender should not be issued until then.

	Activity	Responsibility	Timescale
1	BDUK Issue determination letters to NPs who responded to the PR	BDUK	As soon as possible after PR closure date
2	NP notifies BDUK that it disagrees with the PR determination.	NP	Within 1 month of receipt of determination letter
3	BDUK and the NP shall, in good faith, seek to resolve the objection. If the objection is resolved the NP and BDUK shall set out the revised PR determination in writing signed by or on behalf of each of them and the objection shall be treated as withdrawn.	BDUK	Within 2 weeks of notification
4	If, following this, the NP still disagrees with the outcome, BDUK should offer the NP the opportunity to resolve the disagreement with the NCC.	BDUK	Immediately
5	BDUK to consider holding issue of PR Closure Notice and/or PPME, dependent on the scale of the disagreement. To inform this, BDUK should overlay the disputed coverage with other claims to determine materiality, also, whether premises are in initial or deferred scope. A reasonable guide for materiality would be 10% of the proposed IA being in question.	BDUK
6	BDUK should inform the NCC of the disagreement via email subsidy.control@dcms.gov.uk.	BDUK	Immediately
7	NCC to contact the NP, asking them for the grounds of their disagreement based on their PR Submission(s) and published guidance, asking for any necessary documentary evidence.	NCC	1 day
8	NP given 5 working days to respond. If no response is received, the process will be concluded, with no change to BDUK’s initial determination.	NP	5 days
9	BDUK to forward all relevant documentation to the NCC, to include, but not limited to: the specific PR RFI; the complainants PR response; any CQs and responses; the determination; Assurance documentation; the final letter issued to the NP; the overlay with other coverage claims; and any records of meetings/communications etc.	BDUK	5 days
10	NCC to review all documentation and come to a provisional view and share that with the NP.	NCC	5 days
11	NCC to share provisional view with BDUK and discuss as necessary.	NCC	Same time as above
12	If requested by the NP following issue of provisional view, NCC to arrange meeting with NP to discuss their provisional view and seek a resolution.	NCC	NP have 3 days to request meeting after receipt of initial view
13	NCC to issue determination letter to NP and BDUK, where required and close complaint.	NCC	1 day
14	Review PR Closure Notice notice and amend/issue as necessary	BDUK