PUBLIC CONTRACTS
REGULATIONS 2015 – One
Year On!
by
Léonie Cowen
© Léonie Cowen & Associates
PUBLIC CONTRACT
REGULATIONS 2015 (1)

The regulations came into force on the 26th February
2015

There are special provisions for awarding health,
social care, educational and other services, known as
“light touch”

These have a higher threshold for compliance
© Léonie Cowen & Associates 1
PUBLIC CONTRACT
REGULATIONS 2015 (2)

Tenders for “light touch” procurements above a
threshold of €750,000 (£589,184) will be subject
to the regime (Regs. 74 – 76)

An OJEU notice will be required and this must
comply with Annex V to the Directive

The procedure must comply with principles of
transparency and equal treatment
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PUBLIC CONTRACT
REGULATIONS 2015 (3)

Compliance with the advertisement or prior
information notice required except for minor
changes (Reg. 76(3) & (4))

Must set a reasonable and proportionate
timescale (Reg. 76(6))

Can mix procedures (Reg. 76(7))
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PUBLIC CONTRACT
REGULATIONS 2015 (4)

May take into account specific duties and other
matters including needs of different categories
of users (Reg. 76(8))

Regs. now apply to all contracting authorities
including health
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FLEXIBILITY AND
CONSTRAINT (1)

Can create your own procurement process e.g.
a combination of a framework and a dynamic
purchasing system

Once set your process should comply with it
unless the change is limited and modifications
have to be limited (Reg. 76)
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FLEXIBILITY AND
CONSTRAINT (2)

It is the award procedure which is specific to
“light touch” procurements and other
provisions apply

Whilst not wholly clear, I believe that the
remainder of the public procurement regime
applies
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FLEXIBILITY AND
CONSTRAINT (3)

The provisions for contract performance apply
(Regs. 70 - 73)

Performance conditions (Reg. 70)

Provision of information regarding subcontracting including direct payment to
subcontractors (Regs. 71 and 113)
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FLEXIBILITY AND
CONSTRAINT (4)

Modification and termination of contracts apply
and modifications have to be limited (Regs. 72
and 73)

Remedies provisions apply to “light touch”
(Regs. 85 - 104) - see Counted4 case and others
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FLEXIBILITY AND
CONSTRAINT (5)

Provisions for below threshold procurement do
not apply to health and academies (Regs. 109 112)

Payment of undisputed invoices within 30 days
applies but the procurement procedures do not
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INTERRELATION BETWEEN
EXISTING AND NEW (1)

Can only use existing contracts, framework or
DPS if it is sound and entered into properly

What about spot contracts?

Can trade freely with your controlled company
but not otherwise with an independent entity
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INTERRELATION BETWEEN
EXISTING AND NEW (2)

Once an existing contract has ended the new
law applies

A contract must be extended whilst it is still in
existence

Query, if it is still legitimate to treat any
variation and/or extension procedures flexibly?
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THE FUTURE (1)

Is the current approach still viable: e.g. loose
consortia and individual negotiations over price
and other matters?

Controlled companies instead of current
arrangements?

End of frameworks and universal dynamic
purchasing systems?
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THE FUTURE (2)

Joint health,
authorities?
social,
care
and
education

Is bigger better and pooled procurement
possible?

Who leads and whose law and procedures
apply?
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PROBLEMS AND DISCUSSION

The challenges if every school is an academy

Can you still work with social enterprises and
other partners without a procurement?

The end of spot purchasing?
© Léonie Cowen & Associates 14
Leonie Cowen & Associates
3a Loveridge Mews, London NW6 2DP
Telephone: 020 7604 5870
E-mail: [email protected]
www.lcowen.co.uk
© Léonie Cowen & Associates 15