ceri delemore partner, commercial services
DESCRIPTION
Public Procurement Legislation Update. Ceri Delemore Partner, Commercial Services. Aim. to provide: a brief reminder of the current position; and a summary of the key changes under the new rules. Why do we have public procurement rules ?. - PowerPoint PPT PresentationTRANSCRIPT
Ceri DelemorePartner, Commercial Services
Public Procurement Legislation Update
Aim
• to provide:• a brief reminder of the current position; and• a summary of the key changes under the new
rules
Why do we have public procurement rules?• the public sector is a major purchaser of
goods, works and services• there is a need to ensure that the significant
public sector market is opened up to competition
The current legal framework• EU Directives• UK Regulations • decisions of the European Court of Justice and
of the domestic courts• general Treaty principles
The new legal framework• EU Directives• UK Regulations • decisions of the European Court of Justice and
of the domestic courts• general Treaty principles
• Whenever:• a contracting authority • seeks offers in relation to public contracts• the value of which exceed the relevant threshold
value• and which are not expressly excluded
When do the rules apply?: current position
• Whenever:• a contracting authority • seeks offers in relation to public contracts• the value of which exceed the relevant threshold
value• and which are not expressly excluded
When do the rules apply?: new position
• April 2010: Commission review announced• January 2011: Green Paper published• June 2011: summary of response to Green
Paper published
What has been going on?
What has been going on?• December 2011: proposals for three new
directives published• lengthy and detailed discussions• 28 March 2014 directives published in OJEU
Why is change required?• simplification and “flexibilisation”• strategic use of public procurement to achieve
policy objectives• better access to market for SMEs and start-
ups• better value for money
• new public procurement directive• new regime for concession contracts• new utilities directive
Note: remedies directive remains in place
The new rules
• various definitions “clarified”/revised• no distinction between Part A and Part B
services• new regime for social services• possible lighter touch regime for local
authorities
The new rules: an overview of key changes
• codification and clarification of rules relating to “in-house” contracts and collaborations
• codification of rules relating to contract modifications: the creation of a safe harbour
The new rules: an overview of key changes
• poor performance as grounds for exclusion• contract award criteria: the positive and the
confusing!• mandatory e-procurement
The new rules: an overview of key changes
• shorter timescales• mandatory use of central purchasing bodies
for purchases of non-strategic goods/services?
The new rules: an overview of key changes
• procedures:• extended use of competitive with negotiation• new innovation partnership procedure
The new rules: an overview of key changes
• assisting SMEs• simpler information obligations• lots• limits on requirements
The new rules: an overview of key changes
• tougher rules on “abnormally low” bids• termination of contracts
The new rules: an overview of key changes
• “cut and paste”• but need to address options- various
discussion papers• timeline
UK implementation
Cardiff Derby Nottingham
Thank You
