Government consults on regulations for new public sector procurement directive

The Cabinet Office has launched a consultation on draft UK regulations that would implement the new Public Sector Directive.

In the consultation paper:

• Part 1 sets out the background, scope and general instructions on how to respond;
• Part 2 introduces the draft regulations and seeks responses on various technical, drafting and other issues;
• Annex A contains a draft of the Public Contracts Regulations;
• Annex B summarises the proposed policy positions taking account of ministerial priorities and stakeholder feedback;
• Annex C lists Central Government authorities for the purpose of Schedule 1 to the Regulations; and
• Annex D contains a summary of the Standard Forms required by the new Directive and the Cabinet Office’s suggestions for interim measures.

In its introduction the Cabinet Office said: “The UK Government is committed to reforming UK public procurement processes, to stimulate economic growth. The Government has negotiated successfully in Brussels over the last two years to simplify and modernise the existing framework of EU procurement directives, to make public procurement faster, less costly and enable better value outcomes for Government, industry, and the wider public sector.”

It added that the UK aimed to implement the new Directives earlier than the two years required by the EU, “to take advantage of the new flexibilities as soon as possible”.

The Cabinet Office said there would subsequent consultation documents covering the draft implementing regulations for the new Utilities Directive and the new Concessions Directive.

“Many of the provisions in the Public Sector Directive are analogous to provisions in the other two Directives,” it said. “We intend to use this consultation to cover those generic matters that are applicable to all three Directives. Consulting on them here will allow greater focus on matters unique to the Utilities and Concessions Directives.”

The Cabinet Office added that it had undertaken informal, targeted engagement with a range of interested stakeholders in late 2013, through a series of discussion papers.

“This helped to inform our proposed policy positions on a relatively small number of policy choices i.e. where the Directive permits some discretion in how or whether Member States implement a particular provision,” it said.

“The draft regulations have been prepared in the light of those proposed policy positions, which also take account of the UK’s general approach of maximising flexibility in the rules, deregulating where possible, and avoiding gold-plating.”

Submissions to the consultation must be submitted by 17 October 2014.

A copy of the consultation can be viewed here.

The Cabinet Office said the consultation applied principally to those jurisdictions to which the current Regulations apply, i.e. England, Wales and Northern Ireland.

“The Regulations may also cover activity by public bodies exercising reserved functions in Scotland, but decisions will be subject to ongoing discussions with the devolved administrations. The Scottish Government will make its own, separate implementing regulations which will apply to Scottish bodies whose functions do not relate to reserved matters.”