Reserved contracts

If you are a public body you can make use of the 2006 Public Contracts Regulations (Regulation 7) to restrict the tendering process for goods or services to supported businesses only. Supported businesses are defined as those where over 50% of employees are disabled.

Government guidance is that every public body should reserve at least one contract for supported businesses. In this way, public bodies can fulfil their social objectives in helping more disabled people into work.

The process for reserving such contracts is straightforward. In summary:

• Where the contract is above the OJEU limit then simply tick the ‘reserve under Article 19' box in the EU advert and make it clear that this is a reserved contract.
• If the contract is below the OJEU threshold you simply invite supported businesses to bid in accordance with your own tendering process. Or you can voluntarily use the OJEU process.
• Evaluation of tenders would then be conducted in your usual way.
• To learn more about how to reserve contracts see the OGC Guidance at www.ogc.gov.uk.

Additionally, the Welsh Assembly Government has produced an excellent document providing answers to frequently asked questions at www.sell2wales.co.uk.