Public sector procurement: Government guidance in the event of a ‘no deal’ Brexit

20-09-18 18:17 BIFM

The latest collection of the Government’s technical notices aimed at preparing business for a 'no deal' Brexit scenario includes guidance for existing and potential bidders for UK public contracts and for public sector buyers on access to and publishing of public procurement contract opportunities.

With £13 billion of goods and services procured through the Cabinet Office’s Crown Commercial Service, the Government is by far the FM sector's most important client and this guidance will have significant implications for BIFM members across the industry whether contracting in or supplying FM services.

Currently all opportunities within the scope of EU procurement directives are advertised on the Official Journal of the European Union (OJEU) via Tenders Electronic Daily (TED), whilst those below the EU scope threshold are advertised on UK ‘domestic’ portals such as Contracts Finder, Public Contracts Scotland, Sell2Wales & eTendersNI.

The guidance states that in the event of a ‘no deal’ Brexit:

  • A replacement UK-specific e-notification service (free for all users) will be put in place from exit day. Opportunities currently published on OJEU/TED would be published here
  • Existing legislation will be amended to reflect new rules and ensure continuity
  • Contracting bodies would still be required to advertise on ‘domestic’ portals
  • Third party ‘E-Senders’ or ‘E-Publishers’ will be able to publish on the new e-notification service
  • The UK will also seek access to the World Trade Organisation Agreement on Government Procurement which is currently accessed via EU membership

A link to the full guidance note can be found here.

Other technical notices of wider relevance to FM cover product regulations for harmonised and non-harmonised goods, mobile roaming, access to the European Regional Development Fund and industrial emissions. The full list can be found here.

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