Which Regulations Apply to Public Procurement Post-Brexit?
Are you feeling overwhelmed by the ever-changing landscape of public procurement regulations in post-Brexit UK?
In this blog, we will provide a comprehensive overview of which regulations still apply. From understanding the importance of compliance to exploring how our team of expert tender writers can help you navigate these new waters, we’ve got you covered.
Continued adherence to EU regulations
During the transition period after Brexit, which began on January 31, 2020, the UK has remained subject to EU legislation in terms of public procurement. This means that all processes and procedures continue to comply with existing EU rules.
It is important to note that during this transition period, the UK government has the flexibility to interpret and implement certain aspects of EU regulations as it sees fit. This means that some adjustments have been made already. These adjustments are aimed at facilitating smoother transitions for both buyers and suppliers throughout the interim phase.
In addition, the government is in the process of passing a new bill in the form of the Procurement Act 2023. The proposed bill has created a stir among businesses, as the government aims to update existing EU regulations in order to create a more streamlined and efficient process. While some argue that these changes are long overdue, others worry about the potential impact on small and medium-sized enterprises (SMEs) who may struggle to comply with the new requirements.
One of the key aspects of the proposed legislation is its focus on increasing transparency in public procurement. The government believes that by providing clearer guidelines and stricter enforcement measures, they can prevent corruption and favouritism in awarding contracts. However, critics argue that this could discourage SMEs from bidding on tenders due to increased administrative burdens and costs.
Another important change brought by the Procurement Act 2023 is the emphasis on sustainability criteria when awarding contracts. The government recognises the pressing need to address environmental concerns and hopes that these measures will encourage businesses to adopt more sustainable practices. While this move is applauded by many as a step towards greener procurement, others are concerned about potential favouritism towards larger companies who already have established eco-friendly processes in place.
Until the Procurement Act 2023 is fully-implemented, it’s important to know which EU regulations are still in place. Here are four of the most relevant ones that your business should be aware of:
Public Contracts Regulations 2015
The Public Contracts Regulations 2015 (PCR 2015) governs the procurement process for public sector work in the UK. It aims to promote fairness, transparency, and competition, ensuring that taxpayers’ money is spent efficiently and effectively.
One of the main points is the need for contracting authorities to ensure equal treatment, non-discrimination, and mutual recognition among potential suppliers. This means that all suppliers should have an equal opportunity to bid, regardless of their size or location. They also require contracting authorities to be transparent in their tendering processes by providing clear information about requirements, evaluation criteria, and contract award decisions.
Another important aspect of the Public Contracts Regulations 2015 is the emphasis on the social value and sustainability considerations. Contracting authorities are encouraged to take into account factors such as environmental protection, job creation, fair work practices, and support for disadvantaged groups when evaluating bids. By prioritising social value as well as price considerations, they encourage a more holistic approach that benefits both society and the economy.
Concession Contracts Regulations 2016
The Concession Contracts Regulations 2016 (CCR 2016) in the UK outline several key points that govern how concession contracts are awarded and managed. Firstly, they define a concession contract as an agreement between a contracting authority, such as a government body, and an economic operator, who are granted the right to exploit certain services or works for their own benefit. This provides clarity on what constitutes a concession contract and ensures consistency in the application of this legislation across different sectors.
Another important aspect is the requirement for transparency and fair treatment throughout the process. Contracting authorities must publish notices announcing their intention to award a concession contract, allowing potential operators to express interest in participating. This promotes competition and prevents favouritism or corruption. Once a bidder has been selected, they must be provided with detailed information about the evaluation process and specific reasons for any decision made.
Overall, the CCR 2016 plays a vital role in ensuring fairness and transparency in awarding concession contracts in the UK. By defining what constitutes a concession contract and establishing clear guidelines for procuring authorities to follow throughout the process, it helps to promote healthy competition among economic operators while safeguarding against corruption or favouritism.
As of 25 May 2023, the Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 came into effect, implementing changes to some of the key points covered by CCR 2016. These are interim changes until the Procurement Act 2023 takes effect.
Utilities Contracts Regulations 2016
The Utilities Contracts Regulations 2016 (UCR 2016) governs utility contracts in the UK. They were implemented to ensure fairness and transparency in public sector utility procurement processes.
One of the main points of the UCR is that it sets out clear thresholds for when a contract must be advertised in the Official Journal of the European Union (OJEU) for competitive tendering. This threshold varies depending on whether it is a central government authority or a sub-central contracting authority. By establishing these thresholds, the UCR aims to promote competition and give equal opportunities to all potential suppliers.
Another key aspect of the UCR is that it stipulates mandatory exclusion grounds for suppliers participating in utility contracts. These exclusion grounds include situations like bankruptcy, criminal convictions related to professional conduct, or failure to fulfil tax obligations. The aim here is to ensure that only reliable and trustworthy suppliers are allowed to participate, safeguarding against any potential risks or issues during project execution.
As with CCR 2016, there have been some amendments to UCR 2016 as part of the Public Procurement (International Trade Agreements) (Amendment) Regulations 2023.
Defence and Security Public Contracts Regulations 2011
The Defence and Security Public Contracts Regulations 2011 (DSPCR 2011) in the UK are an important framework that governs the procurement of defence and security-related contracts by public entities. One of the main points is to promote transparency and competition in the procurement process. This means that work should be awarded through open and fair bidding processes, giving all interested parties a chance to participate.
Another key aspect is the emphasis on value for money. They require public entities to conduct a cost-benefit analysis, ensuring that taxpayers’ money is spent wisely. Additionally, there are provisions relating to social responsibility. It’s essential to consider aspects such as equal opportunities, sustainability, and ethical practices when making decisions.
Navigating the changing landscape of public procurement
Navigating the ever-changing landscape of public procurement can be a daunting task. With new legislation, policies, and guidelines constantly being introduced, it’s crucial for businesses to stay informed and adapt their approach accordingly.
However, with the expertise and support of Your Tender Team, you don’t have to face this challenge alone. Our team of experienced tender writers is dedicated to helping you create a winning bid that stands out among the competition. Contact us today at 0116 218 2700 and let us handle the complex process of tender writing for you. Don’t miss out on valuable opportunities – trust Your Tender Team to secure your success.