Procurement: The British Way?

by Mo Olatuja

Invicta Law’s Mo Olatuja looks at the recent Policy Notes from the Cabinet Office for publishing Procurement opportunities.

Two Procurement Policy Notes from the Cabinet Office have been released recently:

• Procurement Policy Note 11/20: Reserving below threshold procurements (15 December 2020); and
• Procurement Policy Note 10/20: Public Procurement after the Transition Period ends on 31 December 2020 (10 December 2020).

In short

From 23:00 on 31 December 2020, new UK public procurement opportunities will need to be published on the UK e-notification service called Find a Tender service. This replaces the OJEU.

For below EU Threshold contracts, the cross border interest test will no longer apply so the rules are being relaxed so that you can from 01 January 2021:

• reserve a procurement by supplier location (e.g. only tenders from businesses operating in Kent);
• reserve a procurement for Small and Medium sized Enterprises (SMEs) /Voluntary, Community and Social Enterprises (VCSEs).

These options should be considered on a case-by-case basis. The changes covered in the PPNs above to the Public Contracts Regulations 2015 will be made by the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020/131.

The Principles of Procurement under Reg 18 have not been amended. You will still be required to treat tenderers equally and without discrimination and act in a transparent and proportionate manner.

There is currently a Cabinet Office consultation out: Green Paper: Transforming public procurement, Published 15 December 2020 which closes at 11:45pm on 10 March 2021. The aim is to speed up and simplify the UK’s procurement processes. There is likely to be further changes to the law as a result of this consultation.

Invicta Law’s Procurement team can assist with any queries about the transition period. We help public sector bodies to develop compliant solutions and achieve best value for money when buying goods and services.

Get in touch with Wendy Morse for more information or call 01622 392000 to see how we can assist you.

Contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute professional or legal advice. Invicta Law cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.