Several key changes to the the public sector's procurement regulation in England, Wales and Northern Ireland will be introduced later in February. According to public procurement law expert Stuart Cairns of Pinsent Masons, the law company behind Out-Law.com, public bodies must "prepare to start doing things differently". The British government laid the new Public Contracts Regulations in front of the parliament on Thursday.
The rules part-implement EU public procurement regulations that were concluded in 2014. Many of the new Regulations' provisions will enter force on 26 February. The Scottish government will introduce separate rules to execute EU reforms. Cairns said : "The new Regulations contain significant changes and introduce some innovative new ways that public bodies can procure, but there will be uncertainty around how some of these newer rules will work. It will take time for the reforms to bed in but in the mean time authorities will need to get their head around the new rules. Those that fail to do so potentially expose themselves to a greater risk of challenge to their procurement procedures and decision making."
He added : "Of particular note in the new Regulations is the introduction of a new 'light touch' regime, covering contract awards for health and social services and educational and cultural services, among others. Contracting authorities must get to grips with what those rules mean in practice. Related to that is the removal of the distinction between 'part A' and 'part B' services, as well as the creation of the concept of innovative partnerships. These reforms have the potential to deliver benefits for the public sector, but authorities must first spend time understanding the new rules."
The rules part-implement EU public procurement regulations that were concluded in 2014. Many of the new Regulations' provisions will enter force on 26 February. The Scottish government will introduce separate rules to execute EU reforms. Cairns said : "The new Regulations contain significant changes and introduce some innovative new ways that public bodies can procure, but there will be uncertainty around how some of these newer rules will work. It will take time for the reforms to bed in but in the mean time authorities will need to get their head around the new rules. Those that fail to do so potentially expose themselves to a greater risk of challenge to their procurement procedures and decision making."
He added : "Of particular note in the new Regulations is the introduction of a new 'light touch' regime, covering contract awards for health and social services and educational and cultural services, among others. Contracting authorities must get to grips with what those rules mean in practice. Related to that is the removal of the distinction between 'part A' and 'part B' services, as well as the creation of the concept of innovative partnerships. These reforms have the potential to deliver benefits for the public sector, but authorities must first spend time understanding the new rules."