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@BJEducationLaw
@BJEducationLaw
for schools and academies
for news, legal updates, real
opinions and training:
https://www.linkedin.com/company
/education-advisory-&-hr-services
‐ the ‘light touch’ regime for schools and
academy services
‐ below threshold procurements
‐ processes for procurement and the Department
for Education Guidance
‐ ending and extending contracts
@BJEducationLaw
• light touch services
• goods and services
• works
@BJEducationLaw
• schedule 3 to the Public Contract
Regulations 2015
‐ catering
‐ training or educational courses for
pupils
‐ seminars
‐ hotel and restaurant services
@BJEducationLaw
• the threshold is £589,148
• Regulations 74 – 77 of the PCR
‐ you must advertise the opportunity
and the contract award in the OJEU
and on contracts finder
@BJEducationLaw
• the threshold is £589,148
• Regulations 74 – 77 of the PCR
‐ you must comply with the ‘principles
of awarding contracts’ in Regulation
76, including adhering to the treaty
principles of transparency,
proportionality and equal treatment
@BJEducationLaw
• the threshold is £589,148
• Regulations 74 – 77 of the PCR
‐ you can use any competitive
procurement procedure you like, but
those recommended for other goods
and services above threshold are a
good place to start
• Regulations 109 to 112: but schools
and academies only have to comply
with Regulation 111
• Regulation 111 – assessing suitability
‐ no prequalification stage allowed
‐ suitability questions as part of your
requirements must be relevant and
proportionate
@BJEducationLaw
• internal policy will cause internal
problems if not adhered to
• policies can help to evidence
compliance with the treaty principles
of transparency, equal treatment and
proportionality
@BJEducationLaw
• the regulations apply to contracts for
goods and services that are not light
touch, and for which the contract
value is more than £164,176
• contracts governed by the full
regulations must comply with Part 2 of
the Public Contract Regulations 2015
Light Touch Services All Other Services
£589,148
£4,104,394
£164,176
Below
Threshold
rules
Below
Threshold
rules
Light
Touch
Regime
Full regulation
for Goods and
Services
Full regulation
for Works
contracts
£0£0
@BJEducationLaw
• risk of challenge
• frameworks from ESPO, Crown
Commercial services
• Department for Education Guidance –
buying for schools
@BJEducationLaw
• notice periods – does it end
automatically or do you have to give
notice?
• can you extend a contract?
‐ does the contract allow for it?
‐ you must consider Regulation 72
‐ if below threshold, is it fair,
transparent and proportionate?
Jennifer Grigg | +44(0) 139 245 8773
jennifer.grigg@brownejacobson.com

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Procurement for schools and academies webinar - Jennifer Grigg - April 2016

  • 3. for news, legal updates, real opinions and training: https://www.linkedin.com/company /education-advisory-&-hr-services
  • 4. ‐ the ‘light touch’ regime for schools and academy services ‐ below threshold procurements ‐ processes for procurement and the Department for Education Guidance ‐ ending and extending contracts
  • 5. @BJEducationLaw • light touch services • goods and services • works
  • 6. @BJEducationLaw • schedule 3 to the Public Contract Regulations 2015 ‐ catering ‐ training or educational courses for pupils ‐ seminars ‐ hotel and restaurant services
  • 7. @BJEducationLaw • the threshold is £589,148 • Regulations 74 – 77 of the PCR ‐ you must advertise the opportunity and the contract award in the OJEU and on contracts finder
  • 8. @BJEducationLaw • the threshold is £589,148 • Regulations 74 – 77 of the PCR ‐ you must comply with the ‘principles of awarding contracts’ in Regulation 76, including adhering to the treaty principles of transparency, proportionality and equal treatment
  • 9. @BJEducationLaw • the threshold is £589,148 • Regulations 74 – 77 of the PCR ‐ you can use any competitive procurement procedure you like, but those recommended for other goods and services above threshold are a good place to start
  • 10. • Regulations 109 to 112: but schools and academies only have to comply with Regulation 111 • Regulation 111 – assessing suitability ‐ no prequalification stage allowed ‐ suitability questions as part of your requirements must be relevant and proportionate
  • 11. @BJEducationLaw • internal policy will cause internal problems if not adhered to • policies can help to evidence compliance with the treaty principles of transparency, equal treatment and proportionality
  • 12. @BJEducationLaw • the regulations apply to contracts for goods and services that are not light touch, and for which the contract value is more than £164,176 • contracts governed by the full regulations must comply with Part 2 of the Public Contract Regulations 2015
  • 13. Light Touch Services All Other Services £589,148 £4,104,394 £164,176 Below Threshold rules Below Threshold rules Light Touch Regime Full regulation for Goods and Services Full regulation for Works contracts £0£0
  • 14. @BJEducationLaw • risk of challenge • frameworks from ESPO, Crown Commercial services • Department for Education Guidance – buying for schools
  • 15. @BJEducationLaw • notice periods – does it end automatically or do you have to give notice? • can you extend a contract? ‐ does the contract allow for it? ‐ you must consider Regulation 72 ‐ if below threshold, is it fair, transparent and proportionate?
  • 16. Jennifer Grigg | +44(0) 139 245 8773 jennifer.grigg@brownejacobson.com