Government exceeded its aspiration for 25% of government spend going to SMEs by 2015. Public procurement of contracts worth 10million or more, which last 12 months or longer, should support skills development and the governments commitment to create 3 million new apprenticeships by 2020. For information on grants and procurement carried out by EU institutions, please visit the Funding and Tenders Portal. Once a requirement has been identified it is natural to try to imagine the solution. When a tender process is not subject to the Public Contracts Regulations (or Defence and Security Public Contracts Regulations) because the estimated value of a contract falls below the relevant threshold, you must continue to apply the principles of non-discrimination, equal treatment, transparency, mutual recognition and proportionality. Public Services (Social Value) Act 2012: Under Section 40 in-scope public contracting authorities must co-operate with any investigation of their procurement practises carried out on behalf of MCO. Improved and more accessible data on public procurement will make it possible to better assess the performance of procurement policies, optimise the interaction between public procurement systems, and shape future strategic decisions. References are important for suppliers, especially for small businesses seeking to grow their business. Read the training materials from the utilities sessions. To help raise awareness of the new EU Procurement Directives, CCS also arranged more than 200 face-to-face training sessions on the main changes in the directives for people working in the public sector. You are required to comply with central government spending controls in relation to: As a central government buyer you are required to adopt the Lean Sourcing principles. An output (or outcome) based specification focuses on the desired outputs of a service in business terms, rather than a detailed technical specification of how the service is to be provided. These rules govern the way public authorities and certain public utility operators purchase goods, works and services. This will help buyers work together, learn from each other, and ensure better value for money. Procurement Policy Note 08/16 provides the standard selection questionnaire, statutory guidance on how and when to use it and a list of frequently asked questions. The government has set a new target for a third of central government buying to be with small businesses by 2020. By specifying outcomes rather than a solution you allow room for innovation to create new and better options. The Local Government (Transparency Requirements) (England) Regulations 2015 Nevertheless, these national rules also have to respect the general principles of EU law. e-procurement tools, guidelines, templates). Responsibility for this legislation and Code lies with the Department for Communities and Local Government. These questions are designed to give information about a suppliers financial strength and experience in delivering the required goods and services along with other issues relevant to the contract. The Late Payment of Commercial Debts Regulations 2013: The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 make consequential amendments to other legislation, including the Public Services (Social Value) Act 2012. For procurement information this includes monthly (or preferably real time) publication on Contracts Finder of every invitation to tender or invitation to quote for contracts to provide goods and/or services with a value that exceeds 10,000 (and a lower thresholds of 500 is recommended), details of ITTs that have not been formerly advertised and all contracts in their entirety where the value of the contract exceeds 5,000. Increasing the use of eProcurement in Europe can generate significant savings for taxpayers. The red lines are: Guidance on ICT contracts that exceed 100 million. Procurement Policy Note 14/15 provides further details. If your authority intends to buy goods or services in respect of technology, facilities management or business processing outsourcing with a total anticipated contract value of 20 million or over (excluding VAT), you must notify and engage CCS. Contracts Finder allows users to view and search for early market engagement notices and future opportunities, used by buyers to engage with suppliers to check interest in and define future procurement needs, opportunities that are currently open to tender and awarded contracts. All contracting authorities can make use of the following notices on Contracts Finder to advertise early engagement activities: You should use outcome based specifications as much as possible. National authorities and contracting authorities/entities can use the ex-ante mechanism to pose questions to the European Commission and receive an assessment of a projects compatibility with the EU's regulatory framework before taking important steps such as launching a call for tender for the main project works, signing an international agreement, or deciding to use a negotiated procedure without prior publication. Member states have to make national legislation (regulations) to implement the EU rules in domestic law by certain deadlines. eProcurement refers to the use of electronic communications by public sector organisations when buying supplies and services or tendering public works. To help us improve GOV.UK, wed like to know more about your visit today. Part 4 of the Public Contracts Regulations 2015 introduced some key reforms of which you must be aware: abolition of a pre-qualification stage for procurements below the EU thresholds, and a requirement to have regard to guidance on qualitative selection issued by Cabinet Office for above EU threshold procurements, requirement for contracting authorities to insert provisions in all public contracts to ensure prompt payment through the supply chain. The standard selection questionnaire (MS Word Document, 107 KB) in PPN 08/16 also provides the standard questions to help buyers decide if a supplier has the capability and capacity to carry out a contract. This legislation requires the information, including information about public contracts, in Part 2 of the Local Government Transparency Code 2015 to be published in the manner and form and on the occasions specified. Internal Market, Industry, Entrepreneurship and SMEs, This site is managed by the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, Ensuring wider uptake of innovative, green and social procurement, Improving transparency, integrity and data, Boosting the digital transformation of procurement, Follow the European Commission on social media, Country reports and information on EU countries, Study: An analysis of SMEs needs in public procurement, Report on the implementation and best practices of national procurement policies, New practical guidance to help public buyers integrate social considerations into public procurement, Proposed Regulation to address distortions by foreign subsidies, New guidance on fighting collusion in public procurement, Making public procurement work in and for Europe, Guidance on innovation procurement (2021), Guidance and good practice on buying products, services and works that can help protect the environment (2016), and specific guidance on bio-based products (2017), Public procurement for a circular economy (2017), recommendation on the professionalisation of public procurement, library of 90 examples of good practices and tools, section on international public procuremen, Network of First Instance Review Bodies on Public Procurement, Helping investment through a voluntary ex-ante assessment of the procurement aspects for large infrastructure projects. Central Government buyers must publish all tender documents and contracts with a contract value of over 10,000 on Contracts Finder. In 2010 central government moved to a system which buys common goods and services once on behalf of the whole of government, and not in individual departments. Responsibility for this legislation and Code lies with the Department for Communities and Local Government, who conducted a consultation on strengthening the code, details of which can be found online. the act requires that at the pre-procurement stage you consider how what is to be procured may improve the social, environmental and economic well-being of the area in which the contract will be applied, how it might secure any such improvement and to consider the need to consult. There is a strong preference for the Open Procedure and this should be the normal default choice for government procurement. use compulsory open standards profiles that have been adopted for use in government, subject to a comply or explain process, e.g. You should comply with the Common Minimum Standards for the procurement of built environments in the public sector. You must ensure that you buy more sustainable and efficient products and engage with your suppliers to understand and reduce the impacts of their supply chains, including: embed the Government Buying Standards (GBS) in departmental and centralised procurement contracts, within the context of governments overarching priorities of value for money and streamlining procurement processes, improve and publish data on our supply chain impacts, initially focusing on carbon, but also water and waste, setting detailed baselines for reducing these impacts. As part of its strategy, the government aligns procurement policies with this legal framework, as well as with its wider policy objectives. Examples include protecting the environment, supporting social considerations and fostering innovation. The Public Contract Regulations 2015 also include a requirement for contracting authorities to have regard to CCS guidance on the selection of suppliers and the award of contracts, and to ensure that suppliers pay their subcontractors within 30 days as is already required of contracting authorities. The questionnaire asks suppliers to self-declare against the list of mandatory and discretionary exclusions (PDF, 108 KB, 8 pages) set out in the Public Contract Regulations 2015. Achieving this target will mean an extra 3 billion per year (in 2013 to 2014 terms) going to small firms directly or through the supply chain. Building on the measures the government has already taken to open up its procurement frameworks to small and innovative businesses, we also extended Contracts Finder to the subcontracting market in 2016, offering wider access to procurement opportunities. Local authority buyers need to also be aware of The Local Government (Transparency Requirements) (England) Regulations 2015- set out under Domestic Legislation below as these regulations require additional contracting information to be published beyond the legislative requirements of the Public Contracts Regulations 2015. The Big Buyers Initiative is a European Commission platform for promoting collaboration between big public buyers in implementing strategic public procurement. As a buyer or commissioner of supplies, services and works for the public sector you need to understand and be able to readily access the regulations and policies relating to procurement. Government has taken major steps to ensure business gets the most out of procurement opportunities, whilst still securing value for money by implementing the following reforms: simplifying processes by abolishing Pre-Qualification Questionnaires (PQQs) for contracts below the EU threshold and mandating the use of a standard selection questionnaire (MS Word Document, 107 KB) above threshold contracts, making contract opportunities easier to find by having them accessible on an improved single online portal Contracts Finder, ensuring small firms are treated fairly by mandating prompt payment terms throughout a public procurement supply chain. you should be aware of section 39 of the act which gives the Minister for the Cabinet Office (MCO) the ability to implement secondary legislation imposing duties on public procurers in relation to procurement matters. They are transposed into national legislation and apply to tenders whose monetary value exceeds a certain amount. A complex procurement is defined as one where the specification is difficult to define or is complex or innovative, the procurement is high risk, the competition is restricted to a limited market, the contract will be based on unusual commercial models (e.g. In 2014 to 2015, 27.1% of central government buying was with small businesses, either directly (10.9%) or through the supply chain (16.2%).
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