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

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To watch the webinar please visit our website: https://www.brownejacobson.com/education/training-and-resources/training-videos/2016/04/procurement-for-schools-and-academies-webinar-april-2016 In this webinar Jennifer Grigg looks at: - 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.

Education

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‐ 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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