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Private & Confidential. Not for distribution. ©DWF LLP Go further Title needs degree sign (°) added from the “Insert/Symbol” menu. This needs to be added at 28pt compared to the 24pt title. The EU Modernisation Package on Procurement° Jonathan Branton May 2014
Private & Confidential. Not for distribution. ©DWF LLP A glimpse into the future…….. Underlying requirements - simplification and flexible procurement (but what will that really mean in practice)? Europe 2020 strategy – smart sustainable and inclusive growth Package of legislative proposals (public sector, utilities, concessions) Formally adopted on 15 January 2014 Implementation into national law within 2 years (NB. UK Cabinet Office has ambitious plans for early transposition, so that advantage can be taken of some additional flexibilities) 2 Do we need new rules on public procurement ?
Private & Confidential. Not for distribution. ©DWF LLP Looking at the key changes More freedom to negotiate – where requirements are not “off the shelf” Distinction between Part A and B services removed For CA’s other than central government, PIN can be used in place of individual adverts for contracts using restricted and competitive procedure with negotiation New higher threshold and lighter regime for social, health, educational services (NB. Threshold of EUR 750k) Legal clarity that CA’s can take account of relevant skills and experience of individuals at award stage (services, consultants, architects, lawyers etc.) Social as well as environmental criteria –Use of labels with specific environmental, social or other characteristics –But very specific requirements (must be linked to the subject matter of the contract, label requirements based on objectively verifiable and non discriminatory criteria, open transparent procedure involving all relevant stakeholders, labels accessible to all etc.)
Private & Confidential. Not for distribution. ©DWF LLP Looking at the key changes Time limits on response times have been reduced by about a third (expressions of interest and tender deadlines) Ability to reserve the award of certain services to mutuals or social enterprises for a limited time limit (typically for outsourcing situations) –This exception was strongly advocated by the UK, seeing it as a halfway house between in house provision and full competitive outsourcing. Codify Teckal (in house exemption)/Hamburg Waste (public sector collaboration) Codify Pressetext (changes to contracts) Electronic communication / e-procurement will become mandatory following years after the directive’s adoption
Private & Confidential. Not for distribution. ©DWF LLP Improvements to exclusion grounds Poor performance under previous contacts will be permitted as a ground for discretionary exclusion – how to measure? Where the CA has sufficiently plausible indications that economic operator entered into agreements with other economic operators aimed at distorting competition (price fixing, bid rigging) Where there are no less intrusive measures (ie. discretionary exclusion as last resort) to remedy: –a conflict of interest –a distortion of competition arising from the prior involvement of the economic operator in the preparation of the procurement procedure
Private & Confidential. Not for distribution. ©DWF LLP Safeguard measures Corruption - improved measures to counter –Conflicts of interest –Illegal attempts to influence the decision making process –Undue preference in favour of those who advise the CA or involved in the preparation of tenders Self-cleaning –Dealing with economic operators who have mended their ways (or not) –If measures considered insufficient and exclusion to continue, a statement of reasons must be provided –Maximum periods of exclusion must be specified by Member States. Where the period of exclusion is not set by final judgment, it should not exceed 5 years for mandatory exclusions and 3 years for discretionary exclusions
Private & Confidential. Not for distribution. ©DWF LLP Measures aimed at assisting participation by SMEs Focus on SMEs as engine for growth in EU Buyers encouraged to break contracts into lots (but discretion where not justified) –CAs may limit the number of lots that can be awarded to one tenderer provided maximum number of lots per tender is stated in OJEU notice/procurement documents –Objective and non discriminatory criteria/rules to determine how evaluation will be carried out, to be provided in advance –Member States have possibility to make it obligatory to split contracts into lots Turnover cap introduced to facilitate SME participation – general rule is that CA’s cannot set turnover requirements at more than twice contract value Self declarations “European Single Procurement Document” to be introduced allowing self certification that no grounds for exclusion apply and selection criteria met 7
Private & Confidential. Not for distribution. ©DWF LLP ERDF Procurement Thresholds & action required Estimated Value of Goods or ServicesAction Required Below £20,000Sufficient degree of advertising; but likely not to affect Internal Market. Consider using their own website or a portal such as ‘contracts finder’. VFM must be demonstrated by requesting or obtaining 3 quotes or prices but this need not be done through a formal competition. £20,001 to OJEU thresholdThe level of advertising must be sufficient to allow a level of competition, potentially from another member state (if the contract award might be of interest to suppliers located in other Member States and depending on other factors eg geographical location). Formal invitation to tender process must be followed and the requirement advertised in the press and/or on the internet for a minimum of 10 days to enable fair competition. Over OJEU thresholdGoods/Part A Services Full advertisement in OJEU of a fully-compliant open/negotiated or other regulated process Part B Services – the lighter-touch regime specified in the Regulations Value of Works Action Required Below £429,999Sufficient degree of advertising; but likely not to affect Internal Market. Consider using their own website or a portal such as ‘contracts finder’. VFM must be demonstrated by obtaining or requesting 3 quotes or prices but this need not be done through a formal competition. Over £430,000The level of advertising must be sufficient to allow a level of competition, potentially from another member state (if the contract award might be of interest to suppliers located in other Member States and depending on other factors, eg geographical location). Formal invitation to tender process must be followed and the requirement advertised in the press and/or on the internet. Over OJEU thresholdFull advertisement in OJEU of a fully-compliant open/negotiated or other regulated process 8 “National Procurement Requirements” ERDF-GN (https://www.gov.uk/erdf-national-guidance)
Private & Confidential. Not for distribution. ©DWF LLP Separate new regime for works and services concessions (public sector and utilities) Threshold EUR 5m OJEU notice required No set procurement procedure but general principles of equal treatment and non-discrimination apply Social and environmental considerations can be taken into account Specific rules on what is regarded as a material change to the contract requiring a retender Some specific exclusions (e.g. the water sector, lottery services awarded on the basis of an exclusive right) Usual remedies must be made available Concessions 9
Private & Confidential. Not for distribution. ©DWF LLP Our People 10 Jonathan Branton Partner Head of Central and Local Government
Private & Confidential. Not for distribution. ©DWF LLP Our firm is driven by its core Values which focus on: 11 Values Our ClientsOur PeopleOur CommunityOur Environment
DWF is the business law firm with industry insight. Our legal experts combine real commercial understanding and deep sector knowledge to help clients anticipate issues, create opportunities and get the outcomes they need. We’ll deliver the results that help you go in the right direction – wherever you are. Go further ° ©DWF LLP 2013 DWF LLP is a limited partnership registered in England and Wales with registered number OC The content of the Regulatory and Licensing Insert does not constitute legal advice and should not be relied on as such. Specific advice should be sought about your specific circumstances. Birmingham +44 (0) Edinburgh +44 (0) Liverpool +44 (0) Newcastle +44 (0) Bristol +44 (0) Glasgow +44 (0) London +44 (0) Preston +44 (0) Dublin +353 (0) Leeds +44 (0) Manchester +44 (0)
Private & Confidential. Not for distribution. ©DWF LLP Go further Title needs degree sign (°) added from the “Insert/Symbol” menu. This.
The Changing Face of Public Procurement. The new DNA for public sector commercial activity Business need identification Supplier relationship management.
Public Contracts Regulations 2015 (became law on 26 th February 2015)
Go further Title needs degree sign (°) added from the “Insert/Symbol” menu. This needs to be added at 28pt compared to the 24pt title. HONEST BUSINESS.
The new EU directives on public procurement and concessions Māris Pūķis, Dr.oec., Dr.phys., Senior adviser Latvian Association of Local and Regional Governments.
Procurement Law Proposed EU Directives Paul James, Eversheds LLP SOPO Conference, 12 November 2012.
EU Procurement – competitive dialogue and case-law Norman Ballantyne Yousof Khan.
ACE, ECCE & EFCA SEMINAR 21 October 2004 New EU Public Procurement Directive: EUROPEAN HARMONISATION OF PROCUREMENT PRACTICES IN THE SECTOR OF THE ENGINEERING.
GPP in the new PP directives Peter Nohrstedt. Structure of the presentation New PP support organisation in Sweden GPP in the EU PP directives – what is.
The New Rules: Flexibility, Legality, Accountability Reform of the European Public Procurement Rules Legal and Practical Implications 15 May 2014 Bucharest.
Tendering Yuck!. Different tendering procedures or arrangements Open Restricted Negotiated Competitive Dialogue Dynamic Purchasing System.
1 Guide for setting up Framework Agreements Considerations for setting up a framework agreement 1.Is it possible to commit to purchasing goods, services.
PRIMES  Legal & Policy Framework of GPP Presented by (Insert own logo)
Achieving Value for Money in Procurement Stephen Archer Schools Commercial Team.
London Councils Procurement and the law – what you need to know David Mosey and Rhianna Wilsher Projects and Construction department Trowers & Hamlins.
BESA Annual Conference UK & EU Procurement Policy Update (including the impact these changes will make on how schools spend their money) Jack Salter Head.
Sustainable Procurement and Community Benefits Getting ready for Procurement Reform in Scotland Jennifer Marshall.
Modernisation of EU public procurement policy Proposal of the Commission Directive on public procurement (replacing Directive 2004/18/EC) NB: The information.
An Introduction to Procurement Alex Hatt, PRT. What is procurement? “Act of obtaining or buying goods, services or works from an external source” external.
Commissioning Under the New Procurement Directives: Opportunity or threat for social enterprises? For the seminar, New opportunities for partnership between.
Proposal for new EU procurement Directives 30 May 2012 Catherine Wolfenden.
1 Public Procurement Local Government Network Conference Warsaw Thorsten Behnke 26 April 2005.
Frameworks agenda Definition Advantages, features Purposes and why we use them How it differs from a contract Four types of frameworks How they operate.
1 TOWARDS A CLEARER INTERACTION BETWEEN THE STATE AID RULES AND THE RULES ON PUBLIC PROCUREMENT Global Competition Law Centre, Bruges, 30 Sept 2011 Klaus.
Contract Models & Effective Tendering Practices National Commissioning & Contracting Training Conference Martin Quinn Cat Consultancy.
© OECD A joint initiative of the OECD and the European Union, principally financed by the EU PROCUREMENT PROCEDURES FOR THE AWARD OF CONCESSION/PPP CONTRACTS.
The Challenge of Deciding What Procurement Method to Use Natascha Graff Procurement Analyst European Central Bank.
Community Benefit in Public Procurement April 2010.
General introduction to Community legislation in the field of Public procurement the classical sector – Directive 2004/18/EC Mr. Jari Kallio DG MARKT Directorate.
Contratación en los Organismos Internacionales de Propiedad Industrial Ignacio de Medrano Caballero Director Adjunto Área de Recursos Humanos 25/10/2011.
Public Contracts Regulations 2015 Karen Coombs Policy, Value Wales.
1 Introduction to Public Procurement Julie Nazerali Partner, Beachcroft LLP, Brussels and London 5 June 2009.
WINNING PUBLIC SECTOR CONTRACTS 20/11/2014 Meet West, Galway Bay Hotel John Maughan (on behalf of Galway City, Galway County & Roscommon) 20/11/2014.
E-PROCUREMENT IN SERBIA Danijela Bokan Public Procurement Office Assistant Director.
The Modernisation of EU public procurement policy.
NHS Greater Glasgow And Clyde - Achieving Good Equality Outcomes Gordon Beattie Head of Procurement.
Selling to the Council. Wakefield Council Procurement is governed by EU Public Contract Regulations, the Council’s, Corporate Procurement Strategy and.
General Principles for the Procurement of Goods and Services Asst. Prof. Muhammad Abu Sadah.
Tackling the public sector savings challenge Simon Wilson The Crown Commercial Service Conference on University Purchasing (COUP) September 10 th, 2015.
Implementation of the Public Procurement Directives in the UK Peter Bennett Office of Government Commerce Vilnius 9 December 2004.
CSO Observer Member of the Evaluation Committee. Civil Society Organization May have representation in the Evaluation Committee As a member of the Evaluation.
Ninth Annual Conference on Government Procurement in the Americas of the INGP September 17-19,2013 Radisson Victoria Plaza Hotel, Montevideo, Uruguay.
Is Public Sector Procurement for You?. Understanding the Public Sector Marketplace.
Government Rules of Sourcing An overview for suppliers June 2013.
THE NEW DIMENSIONS OF THE EUROPEAN PUBLIC PROCUREMENT POLICY Christian SERVENAY DG MARKT/Unit C1.
Public Procurement in Albania in the framework of recent reforms PUBLIC PROCUREMENT AGENCY 1.
EU Public Sector Directive: Advertising, Qualification, Award criteria, Frameworks, Horizontal Policies- Seminar 5 Dr Aris Georgopoulos Assist. Professor.
1 PSI developments in the European Commission - where next for Europe? Richard Swetenham Head of Unit, Access to Information, European Commission Advisory.
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