On your marks, get set…go

The new CCS G Cloud 13 framework replaced the much-used G Cloud 12 framework on 9th November 2022.

CCS describes the G Cloud framework as “an on-line catalogue that helps public sector customers to buy commoditised cloud-based solutions”. Most of us may be familiar with the Digital Marketplace, the online G Cloud catalogue of suppliers and their wares are now hosted on the Contract Award Service (CAS). Those wishing to see the catalogue and use G Cloud 13 will need to register on the Public Procurement Gateway (PPG) found here – https://identify.crowncommercial.gov.uk/manage-org/register

G Cloud 13 will be for an initial period of 1 year, expiring 8th November 2023 but with an option to be extended for up to 1 further year. There is a slight change to the permitted length of call-off contracts awarded under G Cloud 13, instead of a maximum initial period of 24 months with the option to extend twice for up to 12 months each, the maximum initial period is now up to 36 months with the option to extend once up to 12 months. The ultimate maximum call-off contract period remains as 4 years. The initial period and any optional extension must be specified in the initial call-off contract terms.

There are no surprises in the Lots under G Cloud 13, these are:

Lot 1 – Cloud Hosting (Infrastructure as a Service (IaaS) and Platform as a Service (PaaS))

Lot 2 – Cloud Software (Software as a Service (SaaS))

Lot 3 – Cloud Support (support to help set up and maintain cloud software or hosting services such as migration, performance testing, training, ongoing support)

The Customer Guidance refers to a “Lot 4: Cloud support – Further competition only”. However, guidance for this Lot is stated as still to follow.

What’s out of scope of G Cloud 13?

• Data centre colocation facilities
• Non cloud related services, i.e. management consultancy services and non-cloud technology services ranging from strategy and design to operational deployment use
• Bespoke design and development
• Hardware
• Recruitment (only support relating to the cloud is permitted)

CCS has a range of other frameworks under which these out-of-scope services can be procured, so ensure you are using the correct framework from the outset.

Whilst the only option is to direct award a call-off contract under Lots 1 to 3, before racing to the finish line, there is a detailed buying process that needs to be followed. There is an emphasis on ensuring there is a proper selection and award process followed (hint – it’s not just awarding a new direct contract to your incumbent supplier or to a particular preferred supplier).

Here is a quick summary of the guidance:

Step 1 – Prepare – including, but not limited, to:

• Determine your requirements/service outputs and timescales (you might have seen in my previous article, found here, this needs to be an objective assessment of the
• Buyer’s needs irrespective of who the supplier might be)
• Consider what criteria your choice will be based upon.
• Consider whether G Cloud 13 is the correct agreement/route for your needs.
• Market research (any early market engagement must comply with Regulation 40 of PCR 2015)
• Create a list of search terms (based on your requirements) for the next “longlist stage”

Step 2 – Search and Longlist

• Use key words (that match your requirements) to search through the available services on CAS.
• Form a longlist of available suppliers/services that best fits your (the Buyer’s) requirements.

The Customer Guide helpfully reminds Buyers:

in order for to formulate a longlist of services and not to exclude any potential suppliers, it is essential to run multiple searches using different semantics and terminologies.
to keep an auditable trail of their search criteria so as to demonstrate how and why a specific service was chosen. Keep the audit trail updated to enable you to provide sufficient evidence in the event of challenge.

The CCS has provided template evaluation forms to help Buyer’s with this process, which can be found here – https://www.crowncommercial.gov.uk/agreements/RM1557.13#nottousefor

Step 3 – Longlist to Shortlist

Use the filters on CAS to refine the search and reduce your longlist to a shortlist. This is based on which filters best suit your requirements.
Buyers should keep a record of their filtering process and be able to objectively justify the reasoning behind the use of any filters.
If the Buyer has created multiple longlists these need to have the same filters applied.

Step 4 – Evaluation of Shortlist

• Review all shortlisted services and assess suitability against your (the Buyer’s) requirement.
• Shortlisted suppliers can be evaluated in 2 ways: 1. Most Economically Advantageous Tender (MEAT) criteria; or 2. Lowest price only if they are comparable services.
• CCS suggests the most efficient way to compare services is using the MEAT evaluation criteria which will allow Buyers to consider best functional fit, quality and whole life cost accordingly.
• Buyers are evaluating the information and documents provided by a supplier on the CAS.
• The award criteria are set out in Schedule 5 of the G Cloud 13 framework agreement (and pg. 22 of the Customer Guidance). Buyers are to record how they have evaluated the shortlisted supplier offerings.
• CCS have helpfully included examples of how you can apply social value in evaluating the shortlisted service offerings (see the Customer Guidance).
• CCS reminds Buyers – Your final choice should be based on best fit, rather than ruling out suppliers that don’t meet either your current contract or an ideal set of terms.
• If Buyers would like product demonstrations, these can only be scored if the Buyer has evidenced this as a mandatory requirement and stated this in the award criteria.
• ALL shortlisted suppliers MUST be given the opportunity to demonstrate.

Step 5 – award and buy

• Award the call off contract.
• Complete the G cloud 13 call off contract.
• You can find the G cloud call off contract on the main CCS page (if you expand the “core terms and conditions” heading).
• At the end of a call-off contract, if your scope has not changed and a service is still needed, you must still conduct a re-evaluation of services available on CAS.

Tips

• Use the most up to date call-off contract template rather than re-using a previous version/current contract.
• Before awarding the call-off contract ensure your legal team have reviewed the call-off contract terms and conditions and the suppliers’ terms and conditions which will be incorporated within the final contract.

The Customer Guide also comes with the following warning for Buyers:

The online catalogue ensures that all service information is available up front to enable you to evaluate services based upon best fit and/or price. This functionality aids a direct award following the buying process, therefore if you deviate from this process through mini competition, Request for proposal (RFP), Request for Quotation (RFQ), Request for information (RFI), negotiation or issuing an Invitation to tender (ITT), you will actively breach the terms of the agreement. Non-compliant buying will directly impact the legality and reputation of the agreement and call-off and is strictly prohibited. If you do not follow the correct buying process you will be at risk, and in breach of the agreement terms. The terms of the agreement will be null and void.

Ignore this warning or skip any steps at your peril.

Perhaps think of the G Cloud 13 call-off process more as a steady paced 5k run rather than a last minute 100-metre sprint.

Catherine Bogoje is a Senior Associate at Sharpe Pritchard LLP.

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This article is for general awareness only and does not constitute legal or professional advice. The law may have changed since this page was first published. If you would like further advice and assistance in relation to any issue raised in this article, please contact us by telephone or email enquiries@sharpepritchard.co.uk