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The Changing Face of
Public Procurement
The new DNA for public sector
commercial activity
£
Goal
High
Low
Time
spent on
value
added
activity
Before going
to marke...
The EU Procurement Regulations (I
know it’s early in the morning, stick with me here)
Transparency - contract procedures m...
What
Awaiting adoption – expected in Jan 2015
None of the following altered:
– “Contracting Authorities”
– Thresholds (apa...
Exemptions! (1)
Local Authority trading companies (“Teckal”)
– where the authority exerts on the ‘supplying
authority’ a c...
Exemptions! (2)
Inter-municipal Co-operation (“Hamburg”)
– the participating authorities co-operate to
perform public serv...
Reservation of certain contracts for
mutuals and social enterprises
objective of a public service mission linked to the de...
Light Touch Regime
These contracts will only be covered by the
directive if their value exceeds Eu750,000
Mainly former “P...
Innovation Partnerships
New procedure allowing authorities to encourage suppliers
to develop works, supplies or services n...
Shorter Timescales!
Open: 35 days (30 electronic, 56 current)
Restricted: 60 days (40 electronic, 77 current)
Competitive ...
Exclusion of poorly performing
suppliers from re-tendering
A supplier may be excluded where
– there are ‘significant or pe...
Plus Other Useful Clarity
Market Consultation explicitly permitted
Need to be able to justify “Lotting” strategy
Environme...
The Small Business, Enterprise and
Employment Bill
Para 37: Regulations about procurement
(1) The Minister for the Cabinet...
Lord Young’s Proposed Reforms
Abolition of the PQQ for sub-threshold
procurement
Mandating of a standard “Suitability Chec...
Social Value Act
Underused legislation to date
Consider economic, environmental and social
benefits WITHIN your geographic...
Contact details
Eddie Gibson
East of England LGA
eddie.gibson@eelga.gov.uk
01284 758300
www.eelga.gov.uk
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East of England Local Government Association: The Changing Face of Public Procurement

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Presented by Eddie Gibson at the event 'Commissioning for Culture and Sport, 5th December 2014':
http://knowhownonprofit.org/events/commissioning-for-culture-and-sport-5th-december-2014

Part of the Cultural Commissioning Programme
http://www.ncvo.org.uk/cultural-commissioning-programme

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East of England Local Government Association: The Changing Face of Public Procurement

  1. 1. The Changing Face of Public Procurement
  2. 2. The new DNA for public sector commercial activity £ Goal High Low Time spent on value added activity Before going to market Procurement Process Contract and supplier management Developing requirements that shape markets and the supply base to Government Improving contract and supplier management capability through application of new standards Simplifying process and reducing turnaround times & supplier bid costs Before
  3. 3. The EU Procurement Regulations (I know it’s early in the morning, stick with me here) Transparency - contract procedures must be transparent and contract opportunities should generally be publicised Equal treatment and non-discrimination - potential suppliers must be treated equally Proportionality - procurement procedures and decisions must be proportionate Mutual recognition - giving equal validity to qualifications and standards from other Member States, where appropriate
  4. 4. What Awaiting adoption – expected in Jan 2015 None of the following altered: – “Contracting Authorities” – Thresholds (apart from “Part B”) • £172,514 (Goods and Services) • £4,322,012 (Works) – Remedies Directive, i.e. potential legal and financial penalties remain in place as before ‘s changing?
  5. 5. Exemptions! (1) Local Authority trading companies (“Teckal”) – where the authority exerts on the ‘supplying authority’ a control similar to that which it exercises over its own departments and – where 80% of the activities of the ‘supplying authority’ are for the ‘buying authority’ or other bodies controlled by it and – where there is no direct private capital participation in the ‘supplying authority’
  6. 6. Exemptions! (2) Inter-municipal Co-operation (“Hamburg”) – the participating authorities co-operate to perform public services they must provide, meeting common objectives and – the co-operation is for public interest reasons only and – the participating authorities perform less than 20% of the activities on the open market
  7. 7. Reservation of certain contracts for mutuals and social enterprises objective of a public service mission linked to the delivery of these services reinvest profits to meet this objective (where profits are distributed this should be based on participatory considerations) owned/managed on the basis of employee ownership/participatory principles or the active participation of employees, users or stakeholders not have been awarded a contract for the services concerned by the contracting authority concerned pursuant to this reservation within the past three years The duration of the contract to be reserved must not exceed 3 years Such ‘reserved’ contracts must be open to all relevant suppliers with rights under the directive and must be awarded using the procedures in the directive, including a call for competition in OJEU
  8. 8. Light Touch Regime These contracts will only be covered by the directive if their value exceeds Eu750,000 Mainly former “Part B” services, now referred to as “Annex XIV” (some cultural services included, mainly around events and festivals) Still require “Call for Competition” and “Contract Award” but discretion over process outside of that – UK govt has promised lots of flexibility Treaty principles must be applied
  9. 9. Innovation Partnerships New procedure allowing authorities to encourage suppliers to develop works, supplies or services not currently available on the market through long term partnerships Awarded to one or more suppliers using the competitive procedure with negotiation Procedure may be constructed in phases to match the research/innovation process – authority could reserve right to terminate process or reduce the number of partners Authority must make clear the position on property rights and must not disclose suppliers’ confidential information without agreement
  10. 10. Shorter Timescales! Open: 35 days (30 electronic, 56 current) Restricted: 60 days (40 electronic, 77 current) Competitive Negotiated (CN) and Innovation Partnerships (IP): 60 days (40 electronic, no current equivalent) Competitive Dialogue: 30 days to participate, no explicit time limits beyond that, no acceleration Restricted, CN and IP can all be reduced by a further 5 days using a Prior Information Notice (PIN) as a “Call for Competition”
  11. 11. Exclusion of poorly performing suppliers from re-tendering A supplier may be excluded where – there are ‘significant or persistent’ deficiencies in performance of a contract or concession for an authority or utility body that led to early termination of the contract or other sanctions
  12. 12. Plus Other Useful Clarity Market Consultation explicitly permitted Need to be able to justify “Lotting” strategy Environmental / Social labels can be must be linked to the subject matter of the contract (challengeable) Encourages use of: – Life Cycle Costing • Including costs incurred or saved through the adoption of a specific supplier or solution (“Outcomes Based”) – Most Economically Advantageous Tender (MEAT) – Challenging “Abnormally Low Tenders”
  13. 13. The Small Business, Enterprise and Employment Bill Para 37: Regulations about procurement (1) The Minister for the Cabinet Office or the Secretary of State may by regulations impose on a contracting authority duties in respect of the exercise of its functions relating to procurement (2) For the purposes of this section “the exercise of functions relating to procurement” includes the exercise of functions in preparation for entering into contracts and in the management of contracts …(& follows) Para 38 Investigation of procurement functions (1) In this section “a Minister” means the Minister for the Cabinet Office or the Secretary of State (2) A Minister may investigate the exercise by a contracting authority of relevant functions relating to procurement.
  14. 14. Lord Young’s Proposed Reforms Abolition of the PQQ for sub-threshold procurement Mandating of a standard “Suitability Check” to replace the PQQ in above threshold procurement Mandating 30 day payments terms for sub- contractors by your main or Tier 1 contractor Advertising all contract opportunities above a certain value (mooted as £25K) on the national portal, Contracts Finder
  15. 15. Social Value Act Underused legislation to date Consider economic, environmental and social benefits WITHIN your geographic area only as part of the tender evaluation Only applies to Service contracts above threshold Review is under-way to consider extending scope Could form part of the powers referred to in the new UK Government procurement legislation
  16. 16. Contact details Eddie Gibson East of England LGA eddie.gibson@eelga.gov.uk 01284 758300 www.eelga.gov.uk

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