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Notice Details

Title: KS4 Reference Test
Published by: Office of Qualifications and Examinations Regulation (Ofqual)
Publication Date: 03/04/2015
Deadline Date:
Deadline Time:
Notice Type: Voluntary ex ante transparency notice
Has Documents: No
Abstract: These will be annual National Reference Tests in English Language and Mathematics to be taken by a sample of year 11 pupils across England (that is, by children aged 15 to 16 years) to provide reliable information on a cohort’s performance in those subjects independent of GCSE examinations. The data from the National Reference Tests will contribute to GCSE awarding.
The contract will cover the development and trialling of the Tests and their annual delivery.
CPV: 73430000, 73300000, 80200000.

VOLUNTARY EX ANTE TRANSPARENCY NOTICE


Section I: Contracting Authority/Entity

I.1)

Name, Address and Contact Point(s)


Office of Qualifications and Examinations Regulation (Ofqual)

Spring Place, Coventry Business Park, Herald Avenue

Coventry

CV5 6UB

UK

Procurement and Contracts

Neil Howes

+44 2476716830

procurement@ofqual.gov.uk


http://ofqual.gov.uk

http://www.mytenders.org/search/Search_AuthProfile.aspx?ID=AA29088

I.2)

Type of contracting Authority and Main Activity or Activities

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No

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

KS4 Reference Test

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

24

II.1.2)

Main site or location of works, place of delivery or performance

Coventry


UKG33

II.1.3)

This notice involves a framework agreement

No

II.1.4)

Short description of the contract or purchase(s)

These will be annual National Reference Tests in English Language and Mathematics to be taken by a sample of year 11 pupils across England (that is, by children aged 15 to 16 years) to provide reliable information on a cohort’s performance in those subjects independent of GCSE examinations. The data from the National Reference Tests will contribute to GCSE awarding.

The contract will cover the development and trialling of the Tests and their annual delivery.

II.1.5)

Common Procurement Vocabulary (CPV)

73430000
73300000
80200000

II.1.6)

Contract covered by the government procurement agreement (GPA)

Yes

II.2)

Total final value of the contract(s)

II.2.1)

Total final value of the contract(s)

 13029415   GBP     

Section IV: Procedure

IV.1)

Type of procedure

IV.1.1)

Type of procedure

IV.2)

Award criteria

IV.2.1)

Award criteria

IV.2.2)

An electronic auction has been used

No

IV.3)

Administrative information

IV.3.1)

File reference number attributed by the contracting authority

OF344

IV.3.2)

Previous publication(s) concerning the same contract


2013/S 237-412131 06-12-2013


2014/S 188-332246 01-10-2014

Other previous publications

Section V: Award of contract

OF344 

 

KS4 Reference test

V.1)

Date of contract award decision:

 14-04-2015

V.2)

Numbers of offers received:

1

V.3)

Name and address of economic operator to whom the contract has been awarded


National Foundation For Educational Research (Nfer)

The Mere, Upton Park

Slough

SL1 2DQ

UK



www.nfer.ac.uk

V.4)

Information on value of contract

 11000000 GBP 


 13029415 GBP 


 7

V.5)

The contract is likely to be subcontracted

No

Short description of the value/proportion of the contract to be subcontracted

Section VI: Complementary Information

VI.1)

Contract related to a project and/or programme financed by community funds?

No



VI.2)

Additional Information

(MT Ref:151370)

VI.3)

Procedures for appeal

VI.3.1)

Body responsible for appeal procedures


Legal Dept. Office of Qualifications and Examinations Regulation (Ofqual)

1410 Spring Place, Herald Avenue, Coventry Business Park

Coventry

CV5 6UB

UK

OfqualLegal@ofqual.gov.uk



Body responsible for mediation procedures










VI.3.2)

Lodging of appeals

Within 10 days of publication of notice, no later than 13 April 2015

VI.3.3)

Service from which information about the lodging of appeals may be obtained










VI.4)

Dispatch date of this Notice

 03-04-2015

Annex D1 – General procurement

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union (OJEU)
Directive 2004/18/EC

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In concluding its procurement of an operator of the National Reference Tests (NRT) programme, Ofqual has invoked the negotiated procedure without prior publication of a contract notice in accordance with Regulation 14(1)(a)(ii), Public Contracts Regulations 2006 on the basis that:

(a) Ofqual failed to receive suitable tenders under the open procedure originally used for this procurement (OJEU reference 332246-2014 (2014/S 188-332246));

(b) Ofqual has invited to negotiate the contract the single economic operator which submitted a tender during the discontinued open procedure; and

(c) Ofqual believes that the original terms of the proposed contract offered in the discontinued procedure have not been substantially altered in the negotiated procedure.

The alterations made to the terms of the original draft contract through recourse to the negotiated procedure without notice are summarised as follows:

1. The Supplier is no longer liable for the increase in costs should the precision of +/- 1.5% not be achieved within the specified sample size. The Supplier is required to achieve a high level of precision with the aim of achieving a level of precision +/-1.5%. If the Preliminary Reference Tests demonstrate that the precision level is not achievable with the specified sample size, Ofqual and the Supplier will agree whether any changes are required to the precision level and/or sample size in accordance with the change control procedure. Ofqual will bear the cost of any increase to the sample size;

2. The Supplier’s liability in respect of claims arising out of/in connection with:

a. the Strategic Design Services and/or Detailed Design & Development Services, is capped at 125% of the total charges paid/payable in respect of these Services; and

b. the Delivery Services, is limited to an annual cap of 125% of the charges paid/payable in each 12 months in respect of the Delivery Services; and

c. any wilful default, wilful breach of a fundamental term or wilful repudiatory breach of the Agreement, is capped at 200% (and not 125%) of the relevant amount.

3. Amendment to the General Changes in Law provisions such that the Supplier is liable for each General Change in Law up to a limit of GBP 20,000 for the term of the Agreement. The Supplier can retain savings up to the sum of GBP 20,000 in the event that a General Change in Law results in cost reductions;

4. Amendment to the licensing of certain of the Supplier's intellectual property rights during the Term of the Agreement and any Termination Assistance Period with restrictions on rights to sub-license the same;

5. Addition of a new Milestone for an initial group of Test Items to be written during the Strategic Design Services.

6. Variations in charges which will apply if the Supplier is not required to develop the volume of re-fresh items that it proposed in its tender response.

7. The Supplier is to provide Ofqual with at least 2 years’ prior written notice of its intention not to accept an offer to extend the Agreement for the 2 year period 2020 – 2022.


Information added to the notice since publication.

Additional information added to the notice since it's publication.
No further information has been uploaded.
Main Contact: procurement@ofqual.gov.uk
Admin Contact: N/a
Technical Contact: N/a
Other Contact: N/a

Commodity Categories

Commodity Categories
IDTitleParent Category
85other EducationEducation

Delivery Locations

Delivery Locations
IDDescription
600West Midlands

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