Procurement in a nutshell – edition 100
5th July, 2017
It brings us great pleasure to announce that we have reached the 100th "Procurement in a Nutshell" update.
Since January 2015, we have been providing regular updates on topical procurement matters which are of interest to contracting authorities (CAs).
To honour this milestone, this update features our top five favourite updates and a selection of ten must-read Procurement Policy Notes (PPNs) issued by the Crown Commercial Service (CCS).
Top five “Procurement in a Nutshell” updates
This was a tough selection to make. However the following updates have particularly pertinent and enduring messages for CAs to consider:
1. Brexit
The implications of Brexit on procurement are a concern for all procurement practitioners. Our series of updates on Brexit have provided essential information and initial considerations for CAs. With the Brexit negotiations now under way, you can expect to hear more insights from us as events unfold further.
- The law post-Brexit
- Brexit effects: contract review and risk management
- Procurement law post-Brexit
- The Brexit White Paper
2. The first UK declaration of ineffectiveness
In January 2016, we published an update on the first declaration of ineffectiveness in the UK. The case serves as a reminder of the potentially draconian consequences of non-compliance of the procurement rules.
3. Social value in procurement
There is a struggle for many CAs to move away from a “tick box” culture around social values. However, unlocking social value through procurement may help CAs in the long term to realise cost savings and ensure value for money in service delivery.
4. Exemptions to the application of the procurement rules
As economic pressures increase, CAs are becoming increasingly commercial in their outlook and are looking to develop innovative ways of delivering public services. Our updates have covered the Teckal, Hamburg and Remondis case law which present possible opportunities for CAs to deliver public services without the need for full procurement under the Public Contract Regulations (PCR) 2015.
- Teckal and Hamburg exemptions
- Commercial trading companies
- Looking again at the Teckal exemption
- A third exemption?
5. Procurement and information security
With cyber-attacks on the increase, the importance of information security for public sector organisations has never been clearer. Investment in the mitigation of information security risks, by protecting essential infrastructure, is essential to ensure the long-term sustainability of public services.
Top ten PPNs
CAs should take heed of all PPNs issued by the CCS, of course. However we have identified the following, published in the period from January 2015 to date, as being particularly noteworthy:
1. PPN 02/15: Public Contracts Regulations 2015
The announcement of the coming into force of the Public Contract Regulations (PCR) 2015 was made in PPN 02/15. In this update we provided a brief overview of the PCR 2015 and we outlined the below-threshold regime under the regulations in this subsequent update.
2. PPN 05/15: Prompt payment and performing reporting
The policy on prompt payment and performing reporting was restated by PPN 05/15. In July 2015, we outlined the rules under regulation 113, the PCR 2015 regarding prompt payment and the publication of payment statistics in this update.
3. PPN 17/15: Standard EU forms and notices for public procurement
The publication of new standard forms for regulated procurements was announced by PPN 17/15. Our synopsis of the new standard forms can be viewed here.
4. PPN 18/15: New Threshold Levels 2016
PPN 18/15 introduced the new thresholds which took effect from 1 January 2016. We provided an easy-to-read breakdown of the thresholds in this update.
5. PPN 02/16 : Utilities Contracts Regulations and Concession Contracts Regulations 2016
This note heralded the coming into force of the Utilities Contracts Regulations and the Concessions Contracts Regulations on 18 April 2016. Our previous update on these regulations can be viewed here.
6. PPN 03/16: Publication of payment performance statistics
The requirement for contracting authorities to publish their annual payment performance data is the focus of PPN 03/16. This note should be read alongside the earlier policy note PPN 05/15.
7. PPN 05/16: Open book contract management (OBCM)
PPN 05/16 represents a step towards the Government’s vision for the future where OBCM is used in all contracts. To view our previous update on OBCM, please click here.
8. PPN 07/16: Legal requirement to publish on Contracts Finder
A reminder to CAs to ensure that procurement opportunities and contract awards above certain low thresholds are published on Contracts Finder was issued by the CCS in July 2016. In a previous update we outlined: who the rules apply to; the thresholds; and the information which must be published.
9. PPN 08/16: Standard Selection Questionnaire (SQ) template
Bringing supplier selection into line with the European Single Procurement Document, the SQ was introduced in September 2016. Our previous update gives an explanation of the SQ and outlines points of action for CAs to ensure compliance.
10. PPN 01/17: Update to Transparency Principles
Transparency is a key principle underpinning procurement law. PPN 01/17 encourages CAs to be pro-active in releasing information regularly throughout the life cycle of contracts, ensuring publication in an accessible format.
Why is this important?
Getting public procurement right is essential for CAs in an already austere climate and as more uncertainty looms in the future.
Decision making for CAs is getting tougher but the need to secure efficient delivery of public services at best value remains.
Our regular procurement updates aim to provide CAs with relevant, accessible and digestible information to assist with procurement processes and practices.
We welcome all feedback, so please don’t hesitate to let us know what content you have enjoyed or what you would like to hear more about.
Finally, thank you to all of our regular readers for your continued support. We hope that you are looking forward to our future updates.
Here’s to the next 100 updates!
How can I find out more?
If you have any queries on the issues raised or on any aspect of procurement, please contact us via our procurement hotline on 0191 204 4464.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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