Update on possible changes to Public Procurement Regulations

The Cabinet Office has published a Procurement Policy Note giving an update on the negotiations taking place to update public procurement regulations. Titled  "Progress Update on the Modernisation of the EU Procurement Rules", it does what it says on the tin...

It's well worth reading for anyone in public procurement - or, I would suggest, any suppliers who supply the sector to any significant level.

There are certainly some bits of good or promising news - for instance, the UK has helped kill off the idea of creating bureaucratic “national oversight bodies”, which is positive. In other areas - such as getting an exclusion period for mutuals and spin-offs during which time they won't have to compete for work - the UK is still negotiating hard, but the likely result still isn't clear.

Then there are some points that still vaguely concern me. We'll come back to this next week, but for instance, the proposal that past performance can be taken into account in procurement - while that seems an obvious and positive thing to do, it may just have unintended consequences.

I'll explain what I mean next week, in the meantime do take a look at the full document.

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Voices (6)

  1. Little Acorn:

    I’m interested in the self declaration and can see the benefits for the supplier who is signing it with ‘fingers and toes crossed’ knowing that if its details we’re made known, it probably wouldn’t be considered.

    What happens if, say, having signed the declaration, that supplier then ends up identified as the winner and, if asked, can’t provide the evidence to support the declaration. Worse still, there is no check and the supplier can’t deliver the contract? Will the contracting authority have any comeback for ‘wasted time’ and, if the check is made before award, will it be able to look to the next placed tenderer?

    I know at training courses, it’s been continually stressed that selection and award must be kept separate and you can’t re-examine the same area twice.

  2. life:

    Gosh, it’s a bit defensive isn’t it? Perhaps things aren’t going that well.

  3. Dan:

    I can feel a guest post/rant coming on….

    1. Peter Smith:

      Guest rants always welcome Dan! Seriously…

  4. Rob:

    For me, this is one of the most significant….

    25.Dynamic Purchasing Systems – There is widespread support for the proposals to simplify the rules on “Dynamic Purchasing Systems”, which would remove the existing obligation to advertise call-off contracts made under a DPS in the Official Journal of the EU. This should greatly increase the usefulness and take-up of that procedure, which has hitherto been limited. There is also widespread support for the Commission‟s proposed text which explicitly recognises electronic catalogues in the bidding process.

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