1. Ninth Annual Conference on Government Procurement in the Americas of the INGP September 17-19,2013 Radisson Victoria Plaza Hotel, Montevideo, Uruguay. The Impact of Government Procurement Reforms Jonathan Denison Cross jonathandenisoncross@talktalk.net

2. Summary ▪ Leal system; England/Wales; Scotland & Northern Ireland EU Directives Implementation by secondary legislation into regulations (Public Contracts; Utilities Contracts & Remedies) ▪ No specific Law covering below threshold procurement. Services falling within Part B do not require prior advertising. ▪ How to obtain “Value for Money” or “Most Economically Advantageous Tender”. Principals of openness; non – discrimination & transparency both at Central & Sub – Central levels. ▪ Corruption, eg Abnormally low tenders; collusion. ▪ International.

3. Legislative Framework ▪ UK is Member State of the EU; need to agree Directives. ▪ Cabinet Office negotiates in Brussels on behalf of England, Wales & Northern Ireland – Devolved in Scotland. ▪ Just completed latest round of negotiation aimed at simplification, eg Greater use of supplier self–declaration. Poor performance under previous contract explicitly committed under grounds for exclusion. Review of thresholds. Electronic communication/e procurement will become mandatory following 4.5 years after the Directives adoption. ▪ Consultation; 2 occasions taking some 18 months – 2 years. ▪ Draft Statutory Instrument; laid before Parliament; becomes law.

4. Tendering ▪ Pre-Tender: Need to advertise widely unless: speed requires sole supplier; restricted tendering Set clear criteria, eg “Or equivalent” for standards Encourage SME where not creating favouritism ▪ Tender Precise requirements Clear closure dates ▪ Post tender Remedies Minimum 10 day freeze: “standstill” Inform unsuccessful candidates

5. Corruption ▪ Transparency International ▪ Clear criteria ▪ Openness ▪ Non – Discrimination

6. International Involvement ▪ Government Procurement Agreement (GPA) ▪ UNCITRAL Model Law