Ceri Delemore Partner, Commercial Services

1. Public Procurement Legislation Update Ceri Delemore Partner, Commercial Services

2. Aim • to provide: • a brief reminder of the current position; and • a summary of the key changes under the new rules

3. Why do we have public procurement rules? the public sector is a major purchaser of goods, works and services there is a need to ensure that the significant public sector market is opened up to competition

4. The current legal framework EU Directives UK Regulations decisions of the European Court of Justice and of the domestic courts general Treaty principles

5. The new legal framework EU Directives UK Regulations decisions of the European Court of Justice and of the domestic courts general Treaty principles

6. Whenever: a contracting authority seeks offers in relation to public contracts the value of which exceed the relevant threshold value and which are not expressly excluded When do the rules apply?: current position

7. Whenever: a contracting authority seeks offers in relation to public contracts the value of which exceed the relevant threshold value and which are not expressly excluded When do the rules apply?: new position

8. April 2010: Commission review announced January 2011: Green Paper published June 2011: summary of response to Green Paper published What has been going on?

9. What has been going on? • December 2011: proposals for three new directives published • lengthy and detailed discussions • 28 March 2014 directives published in OJEU

10. Why is change required? • simplification and “flexibilisation” • strategic use of public procurement to achieve policy objectives • better access to market for SMEs and start-ups • better value for money

11. new public procurement directive new regime for concession contracts new utilities directive Note: remedies directive remains in place The new rules

12. various definitions “clarified”/revised no distinction between Part A and Part B services new regime for social services possible lighter touch regime for local authorities The new rules: an overview of key changes

13. codification and clarification of rules relating to “in-house” contracts and collaborations codification of rules relating to contract modifications: the creation of a safe harbour The new rules: an overview of key changes

14. poor performance as grounds for exclusion contract award criteria: the positive and the confusing! mandatory e-procurement The new rules: an overview of key changes

15. shorter timescales mandatory use of central purchasing bodies for purchases of non-strategic goods/services? The new rules: an overview of key changes

16. procedures: extended use of competitive with negotiation new innovation partnership procedure The new rules: an overview of key changes

17. assisting SMEs simpler information obligations lots limits on requirements The new rules: an overview of key changes

18. tougher rules on “abnormally low” bids termination of contracts The new rules: an overview of key changes

19. “cut and paste” but need to address options- various discussion papers timeline UK implementation

20. Thank You Cardiff Derby Nottingham

21. Contact details Ceri Delemore DD :029 2039 1712 Mobile: 07802 368015 ceri.delemore@geldards.com