The main requirement of the procurement policy is that all procurement must be based on value for money, defined as „the best combination of quality and efficiency with the least possible effort during the period of use of the goods or services purchased“. This objective should be achieved by competition, unless there are compelling reasons not to do so. Since the 1970s, the EU has legislated to ensure that the EU public procurement market is open and competitive and that suppliers are treated equally and fairly. The rules cover aspects such as the publication of contracts, procedures for assessing companies` references, the award of contracts and remedies (sanctions) for infringements of these rules. CCS managed a Mystery Shopper programme from February 2011 to November 2018, whose mission was to provide suppliers with an opportunity to raise concerns about public procurement practices in England. [19] The service was renamed the Public Procurement Review Service in November 2018 in response to comments from suppliers and public bodies that the title „mystery shopper“ did not adequately reflect the role of the service. [20] The bill delivers on its promise to reduce the number of procedures through a one-step open procedure for simple (standard) procurement. It seems likely that this will be used for many supplies in the life sciences sector, where there are often a very limited number of suppliers who can deliver what is needed. The Bill will replace the Government Procurement Regulations 2015, the Concession Contracts Regulations 2016 and the Public Service Contracts Regulations 2016, marking the biggest change in UK procurement legislation in years. And there`s no doubt that the law encompasses many political touchpoints – not just Brexit and the legacy of Covid. The Cabinet Office`s Procurement Bill Fact Sheet highlights the potential of public procurement reforms to help implement the „levelling agenda“ by requiring public sector buyers to „take into account national policy adequacies such as the potential for job creation, improving supplier resilience, and addressing climate change“ while improving value for money will continue to be a Top priority.

So it seems that a lot is based on this bill! Contracts for larger public bodies such as local authorities, health and education are also subject to public procurement rules. However, the thresholds for goods and services are higher, as explained in Procurement Policy Note 04/17. The UK rules include some specific UK rules aimed at promoting growth by improving suppliers` access to public procurement markets below EU thresholds („sub-threshold contracts“). These rules include requirements for the publication of public tenders and contracts below EU thresholds, but above certain other thresholds in the contract search tool. Advice on these rules is available online. The Defence and Security Procurement Regulations 2011 apply to defence procurement. On 10 March 2021, the Autorité de la concurrence et des marchés (CMA) published a response to the Green Paper, setting out „how reforms can reap the benefits of healthy and competitive markets“. The CMA proposed that „effective competition“ become a legal principle of government procurement to ensure better value for money and reduce the possibility of illegal tendering agreements influencing procurement decisions. [51] Directives, regulations, policies and guidelines for the procurement of supplies, services and works for the public sector. In truth, it is really too early to say whether this new regime will lead to a more efficient and effective use of public funds. Certainly, the draft law is drafted in much simpler language than the existing regulations transposed from EU directives resulting from lengthy negotiations between EU member states.

There are two schools of thought here: on the one hand, user-friendly language should make public procurement more accessible and, on the other hand, it could lead to more disputes over the meaning of words. Only time will tell. Central government buyers are required to create an open door for current and potential suppliers to discuss upcoming sourcing opportunities making greater use of advance information (OJEU) or speculative announcements when relating to a particular sourcing or sector-specific market engagement activity to encourage early market engagement. All contracting authorities can use the following notes in the contract search tool to promote early engagement activities: In 2010, the central government switched to a system that purchases common goods and services once on behalf of the whole government rather than in individual departments. The government has taken significant steps to ensure that businesses make the most of procurement opportunities while ensuring value for money by implementing the following reforms: As a central government buyer, you need to embrace lean sourcing principles This procedure is often used for the procurement of raw materials that do not require a complex tendering process. Negotiations with bidders are not allowed, but there are no restrictions on when the procedure can be applied. Your agency must complete all but the most complex procurements within 120 business days of the publication of the award notice. Complex procurement is defined as „procurement with specifications that are difficult to define or complex or innovative, the contract is high risk, competition is limited to a limited market, the contract is based on unusual business models (e.g. private financing initiative or variant of public-private partnership) or where the contract involves expenditure in more than one category“.

Under the agreement on the withdrawal of the United Kingdom from the EU, procurement procedures initiated under EU regulations before the end of the transition period continued to be subject to the relevant regulations until a contract notice was published. [45] As of 11 p.m. on the 31st. In December 2020, a „UK-specific electronic notification service“ called Find a Tender Service (FTS) replaced the use of the Official Journal. Contracting authorities and contracting entities were expected to ensure that their notices were published on the new electronic notification service as well as on the relevant website mentioned above. [46] The Green Paper announced three new procurement procedures to replace the seven procedures required by EU regulations.