1. PUBLIC CONTRACTS REGULATIONS 2015 – One Year On! by Léonie Cowen
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2. PUBLIC CONTRACT REGULATIONS 2015 (1)
The regulations came into force on the 26th February 2015
There are special provisions for awarding health, social care, educational and other services, known as “light touch”
These have a higher threshold for compliance
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3. PUBLIC CONTRACT REGULATIONS 2015 (2)
Tenders for “light touch” procurements above a threshold of €750,000 (£589,184) will be subject to the regime (Regs. 74 – 76)
An OJEU notice will be required and this must comply with Annex V to the Directive
The procedure must comply with principles of transparency and equal treatment
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4. PUBLIC CONTRACT REGULATIONS 2015 (3)
Compliance with the advertisement or prior information notice required except for minor changes (Reg. 76(3) & (4))
Must set a reasonable and proportionate timescale (Reg. 76(6))
Can mix procedures (Reg. 76(7))
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5. PUBLIC CONTRACT REGULATIONS 2015 (4)
May take into account specific duties and other matters including needs of different categories of users (Reg. 76(8))
Regs. now apply to all contracting authorities including health
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6. FLEXIBILITY AND CONSTRAINT (1)
Can create your own procurement process e.g. a combination of a framework and a dynamic purchasing system
Once set your process should comply with it unless the change is limited and modifications have to be limited (Reg. 76)
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7. FLEXIBILITY AND CONSTRAINT (2)
It is the award procedure which is specific to “light touch” procurements and other provisions apply
Whilst not wholly clear, I believe that the remainder of the public procurement regime applies
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8. FLEXIBILITY AND CONSTRAINT (3)
The provisions for contract performance apply (Regs )
Performance conditions (Reg. 70)
Provision of information regarding sub- contracting including direct payment to subcontractors (Regs. 71 and 113)
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9. FLEXIBILITY AND CONSTRAINT (4)
Modification and termination of contracts apply and modifications have to be limited (Regs. 72 and 73)
Remedies provisions apply to “light touch” (Regs ) - see Counted4 case and others
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10. FLEXIBILITY AND CONSTRAINT (5)
Provisions for below threshold procurement do not apply to health and academies (Regs )
Payment of undisputed invoices within 30 days applies but the procurement procedures do not
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11. INTERRELATION BETWEEN EXISTING AND NEW (1)
Can only use existing contracts, framework or DPS if it is sound and entered into properly
What about spot contracts?
Can trade freely with your controlled company but not otherwise with an independent entity
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12. INTERRELATION BETWEEN EXISTING AND NEW (2)
Once an existing contract has ended the new law applies
A contract must be extended whilst it is still in existence
Query, if it is still legitimate to treat any variation and/or extension procedures flexibly?
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13. THE FUTURE (1)
Is the current approach still viable: e.g. loose consortia and individual negotiations over price and other matters?
Controlled companies instead of current arrangements?
End of frameworks and universal dynamic purchasing systems?
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14. THE FUTURE (2) Joint health, social, care and education authorities?
Is bigger better and pooled procurement possible?
Who leads and whose law and procedures apply?
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15. PROBLEMS AND DISCUSSION
The challenges if every school is an academy
Can you still work with social enterprises and other partners without a procurement?
The end of spot purchasing?
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16. Leonie Cowen & Associates 3a Loveridge Mews, London NW6 2DP
Telephone:
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