The Public Contracts Regulations 2015 (SI 2015 No 102) ("the Regulations") were made by the Minister for the Cabinet Office, laid before Parliament on 5 February 2015 and came into force on 26th February 2015. These Regulations have very largely replaced the Public Contracts Regulations 2006 and implement almost all of the new EU Public Sector Procurement Directive 2014/24/EU and came into force in England and Wales and Northern Ireland with effect from 26 February 2015.
The Regulations therefore apply to all new tender processes started on or after 26 February 2015.
The Regulations set out updated rules with which Contracting Authorities must comply in all new procurement procedures. While the Regulations mirror many of the provisions of the Public Contracts Regulations 2006, they also introduce a number of important changes:
- all procurement documents must be available from when the OJEU notice is published;
- new "Light touch" regime for procurement of health and social services;
- a clearer competitive procedure with negotiation has replaced the existing negotiated procedure;
- shorter minimum time limits generally;
- the introduction of a new "Innovation Partnership" procedure;
- encouragement to divide contracts into lots
- Contracting Authorities may now limit the number of lots that can be awarded to one contractor;
- new implied contractual terms;
- new European Single Procurement Document / self-certification;
- extensions to grounds for exclusion; and
- level of minimum financial capacity limited to twice the contract value.
The above is a very brief summary of a complex area. Procurement managers and other professionals as well as bidding entities will need to be up-to-date with these reforms and ensure that their procurement documents reflect the new Regulations before launching any new competitions.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
