Baroness Neville-Rolfe:

Moved by Baroness Neville-Rolfe

That the House do agree with the Commons in their Amendments 5 to 24.

5: Clause 13, page 10, line 29, leave out subsection (4)

6: Clause 19, page 14, line 21, at end insert—“(ba) may disregard any tender that offers a price that the contracting authority considers to be abnormally low for performance of the contract;”

7: Clause 19, page 14, line 23, at end insert— “(3A) Before disregarding a tender under subsection (3)(ba) (abnormally low price), a contracting authority must— (a) notify the supplier that the authority considers the price to be abnormally low, and(b) give the supplier reasonable opportunity to demonstrate that it will be able to perform the contract for the price offered.(3B) If the supplier demonstrates to the contracting authority’s satisfaction that it will be able to perform the contract for the price offered, the authority may not disregard the tender under subsection (3)(ba) (abnormally low price).”

8: Clause 32, page 23, line 22, after “operates” insert “wholly or partly”

9: Clause 32, page 23, line 24, leave out from “individuals” to end of line 26 and insert “where—(a) disabled or disadvantaged individuals represent at least 30 per cent of the workforce of the organisation,(b) if a particular part of the organisation is to perform the contract, disabled or disadvantaged individuals represent at least 30 per cent of the workforce of that part of the organisation, or(c) if more than one organisation is to perform the contract, disabled or disadvantaged individuals represent at least 30 per cent of the combined workforce of— (i) those organisations,(ii) where a particular part of each organisation is to perform the contract, those parts, or(iii) where a combination of organisations and parts is to perform the contract, those organisations and parts.”

10: Clause 43, page 29, line 40, leave out “19” and insert “19(3)(a), (b) or (c)”

11: Clause 43, page 30, line 1, leave out paragraph (c)

12: Clause 43, page 30, line 4, after “notice” insert “or associated tender documents”

13: Clause 52, page 35, line 24, leave out “and publish”

14: Clause 52, page 35, line 28, at end insert—“(2A) A contracting authority must publish any key performance indicators set under subsection (1).”

15: Clause 54, page 37, line 14, at end insert— “The contract—(a) being awarded is a utilities contract, or(b) is being awarded by a contracting authority that is not a central government authority,and is subject to a negotiated tendering periodNo minimum periodThe contract—(a) being awarded is a utilities contract, or(b) is being awarded by a contracting authority that is not a central government authority, and tenders may be submitted only by preselected suppliers10 days”

16: Clause 54, page 37, line 35, at end insert—““central government authority” has the meaning given in paragraph 5 of Schedule 1 (threshold amounts);“negotiated tendering period” means a tendering period agreed between a contracting authority and pre-selected suppliers in circumstances where tenders may be submitted only by those preselected suppliers;”

17: Clause 54, page 38, line 2, at end insert—““pre-selected supplier” means a supplier that—(a) has been assessed as satisfying conditions of participation before being invited to submit a tender as part of a competitive tendering procedure, or(b) in the case of a contract that is being awarded by reference to suppliers’ membership of a dynamic market, is a member of that market;”

18: Clause 56, page 38, line 24, at end insert— “(za) the standard adopts an internationally-recognised equivalent, or”

19: Clause 56, page 38, line 26, leave out paragraph (b)

20: Clause 56, page 38, line 29, at end insert—“(3A) If the procurement documents refer to a United Kingdom standard, they must provide that tenders, proposals or applications that the contracting authority considers satisfy an equivalent standard from another state, territory or organisation of states or territories will be treated as having satisfied the United Kingdom standard.(3B) In considering whether a standard is equivalent to a United Kingdom standard for the purposes of subsection (3A), a contracting authority may have regard to the authority’s purpose in referring to the standard.(3C) A contracting authority may require certification, or other evidence, for the purpose of satisfying itself that a standard is satisfied or equivalent.”

21: Clause 56, page 38, line 36, leave out “such matters” and insert “the matters mentioned in subsection (4)”

22: Clause 56, page 39, leave out lines 9 to 12 and insert—“(b) are primarily developed for use in the United Kingdom, or part of the United Kingdom.”

23: Clause 57, page 39, line 20, after “are” insert “continuing or”

24: Clause 57, page 39, line 28, after “are” insert “continuing or”

Motion agreed.