BREXIT: Keep Calm and Carry On Tendering

Many people are wondering what the score is with public sector procurement now that we’re out of the EU. The short answer is ‘Nothing has changed yet – carry on as before, for now’.

The official line is:

Public procurement – the current framework

The following EU Public Procurement Directives and UK Public Procurement Regulations will continue to apply during the transition period from 31 January 2020 until 31 December 2020.

A package of three public procurement directives set out the EU legal- framework for procurement by public authorities and utilities:

These Directives govern procedures for the award of public contract to a supplier (a provider of works, supplies or services) when its value exceeds set financial thresholds, unless it qualifies for a specific exclusion. They require procurements to be competed transparently and fairly.

The Public Procurement Directives were implemented for England, Wales and Northern Ireland by the following regulations:

The directives were implemented separately by the Scottish Government. In Scotland, the following regulations apply:

Defence and security procurement is dealt with separately in the Defence and Security Public Contracts Regulations 2011, which apply to the whole of the UK.

During the transition period

Under the European Union (Withdrawal Agreement) Act 2020, EU procurement law will continue to apply and on an ongoing basis beyond the end of the transition period. For any procurement procedures that are ongoing at the end of the transition period, the existing regulatory regime will continue up until award.

A procurement policy notice (PPN) 02/2019 has been published. This gives more detailed guidance.

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