Government issues guidance on e-procurement and electronic communication

September 22, 2015

The Government has issued guidance on e-procurement and electronic communication between contracting authorities and suppliers, including the use of e-auctions.

A Cabinet Office and Crown Commercial Service procurement policy note issued last week covers:

Overview: the e-communication rules; what has changed; which regulations need to be referred to;
Phasing-in of rules on e-communication;
Oral communications;
Security requirements;
E-auctions;
Electronic catalogues.

It also includes various FAQs:

What is the difference between ‘e-procurement’ and ‘e-communications’?
As e-communication will be compulsory in due course, will there be a central e-communication solution in England?
Given the acknowledged benefits of e-communication, why do the Regulations postpone the obligation for e-communications?
Can authorities and suppliers meet the obligation to use e-communications by use of ordinary office email?
Is there a requirement to use advance electronic (digital) signatures supported by qualified certificates?
If authorities decide to use advanced e-signatures, how have the rules changed?
Under what circumstances are authorities not required to use e-communication?
How should the phrases “in general use”, “generally available,” “related tools devices, applications or equipment” in Regulation 22(2), 22(3) and 22(13) be applied?
Is early market engagement covered by the e-communication requirement?
What is the security framework mentioned in the directive, and how is it transposed in the Regulation?
What are the different ‘stages’ of the procurement process referred to in Regulation 22(18) for which the level of security is to be decided?
May authorities set a generic level of security for the different stages across all procurements or does a separate decision need to be made for each stage of every procurement?
Which stage[s] is likely to require the highest level of security?
Electronic catalogues are to be provided in accordance with the technical specifications and format established by the authority. What does that mean?
I am about to submit a Contract Notice for a procurement under the Restricted Procedure, what procurement documents do I have to provide?
What about procurement documents in the competitive procedure with negotiation, competitive dialogue and innovation partnership, where some documents may depend on the outcome of negotiations or dialogue?
Regulation 53(1) just refers to a ‘notice’ not a ‘contract notice’. Does this mean I have to publish the full suite of procurement documents even when I’m merely publishing an ordinary Prior Information Notice (PIN) as a means of early market warming?
Are there circumstances in which a contracting authority is not required to make documents available online?