How to award a contract when you buy services
- Government Digital Service
- Part of:
- Digital Marketplace buyers and suppliers information, Central government efficiency, and Government as a Platform
- First published:
- 18 April 2016
How to award a contract when you buy services through the Digital Marketplace.
You can only enter into a contract (or ‘call-off’) with a supplier who’s been accepted onto either the G-Cloud or Digital Outcomes and Specialists framework (an agreement between government and suppliers) on the Digital Marketplace.
Before you enter into a contract
If you have concerns about the supplier’s financial position, you can choose to do financial checks on the supplier before you award the contract, eg run an Experian credit check. Discuss the results with the supplier if you have any concerns.
What’s an order form and when to use it
The order form is part of the contract. This is the part that you and the supplier fill in when you’ve agreed certain details. It includes:
- whether the supplier will provide a cloud or digital specialist service (depending on the framework)
- the terms under which the supplier will provide a service
This can help you highlight things like invoicing arrangements or additional terms and conditions to potential suppliers.
Filling in an order form
You have to generate a purchase order (PO) number from your internal payment or ordering system. Once you have this, you and the supplier should complete the order form.
Order forms vary between frameworks. They can ask for details of:
- the buyer and the supplier contact details
- the agreed service start and expiry date (maximum 24 months)
- the service description
- the quantity of the service required
- the total contract value (including a breakdown of smaller costs) and how to pay
- service deliverables, eg what needs to be done, and by when
- things that must be completed before the service can go live
- the supplier’s liability and insurance
- the terms and conditions under which the supplier will provide their service
- notice period for ending a contract
- commercially sensitive information
- third parties
- staff vetting procedures
- where the services will be delivered
Both you and the supplier need to sign the contract before the supplier can start work.
The G-Cloud framework contract
The G-Cloud contract includes the order form and terms and conditions.
When to start work after signing a contract
Suppliers should start the agreed work within 3 months of you and the supplier signing the contract. This is because:
- other suppliers might lower their prices or new services may become available
- your requirements might change
- services might be removed from the Digital Marketplace
If your requirements change, you can:
- change the quantity of what you’re buying through G-Cloud 7 by up to 20% without re-evaluating potential suppliers
- cancel a contract and start the buying process again to ensure you find the service that best meets your requirements, at the best price
The Digital Outcomes and Specialists framework contract
The Digital Outcomes and Specialists contract includes the order form, terms and conditions and 8 parts called ‘schedules’ which are:
- your requirements
- the supplier’s response to your requirements
- statement of work
- contract change note (CCN) template
- balanced scorecard
- your optional terms and conditions
- bidding process
- a guarantee
If you’re using a fixed price contract, you’ll need to know how much any extra work will cost. You should ask for day rates for each role in case the supplier has to do any unplanned work outside the contract. These rates should be included in the contract.
When to start work after signing a contract
For Digital Outcomes and Specialists, the contract expires a month after the buyer and supplier sign the contract if:
- the supplier hasn’t started the work
- a statement of work hasn’t been signed
If your requirements stay the same but the way you need to deliver them changes, you can increase the total value of what you’re buying through Digital Outcomes and Specialists by up to 20%. For any changes above 20%, you must fill in a CCN.
If your requirements change, you must cancel the contract and start the buying process again. This is so you can find a service that meets your requirements at the best price.
A supplier can’t charge you more than the maximum price they’ve agreed. If you want the supplier to continue to deliver services but you’ve already paid the maximum amount agreed, the contract will be invalid unless you fill in a new CCN.
Paying for services
Payment for services is determined by ‘statements of work’, which outline:
- what you’ll get
- the main people involved
- a breakdown of costs
- contract expiry dates
Optional deed of guarantee
The contract includes a template for a deed of guarantee. You can use this form if you:
- have concerns about the financial standing of a supplier
- want reassurance that another organisation can fulfil the supplier’s obligations if the original supplier can’t
Read more about:
- how to manage a contract once it’s in place.
- how to pay for Digital Outcomes and Specialists services
Published: 18 April 2016