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Cabinet Office have today published the new Public Contracts Regulations 2015, which can be found at www.legislation.gov.uk/uksi/2015/102/contents/made . They will come into force on the 26th February.
These Regulations implement both the EU Directive 2014/24/EU and include a number of new reforms instigated by Lord Young of Graffham. The aim of the new reforms is to make public procurement more accessible to Small and Medium-Sized Enterprises ("SMEs").
The Cabinet Office has been able to bring the Regulations into effect so quickly because it started work on the transposition in July 2013 before the Directive was adopted or published. The work to transpose the Directive has included informal consultations with a wide range of stakeholders, including central government departments, local government, industry, trade associations and law and consulting firms.
Cabinet Office has also produced initial guidance in the form of a Training Handbook, which can be found at https://www.gov.uk/transposing-eu-procurement-directives. It is intended that further guidance will be produced to include the following topics:
Lord Young Reforms
|Introduction to EU Procurement Rules||An overarching PPN on the new reforms|
|Special Regimes: LTR and Mutuals||Guidance on the new approaches to the use of PQQs|
|Procurement Routes||Guidance on new prompt payment obligations|
|Selection, including mandatory exclusions||Guidance on new transparency obligations around publishing new opportunities on the new Contracts Finder system
|Dynamic Purchasing System|
|Where the PSD does not apply: public-public contracts|
|Efficiency and Improvement Products|
|Help for SMEs|
|The Standstill Period|
|Non-Discrimination in Technical Specifications|
|Environmental and Social|
|Amendments to contracts once awarded|